Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 28 July 2014), July 1757 (17570713).

Old Bailey Proceedings, 13th July 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 Wednesday the 13th, Thursday the 14th, Friday the 15th, and Saturday the 16th of JULY.

In the Thirty-first Year of His MAJESTY'S Reign. NUMBER VI. for the YEAR 1757. Being the Sixth 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; my Lord Chief Baron Parker ; Mr. Justice Clive; Sir William Moreton , Knt. Recorder; and others his Majesty's Justices of Gaol delivery for the said City and County.

London Jury.

Benjamin Rackstraw

John Cuff

Samuel Whichcote

Edward Pinchbeck

Robert Patience

James Tuke

John Stent

Gregory Pember

William Bull

- Richardson

Barnaby Turnstell

John Pritchard

Middlesex Jury.

Walter Lee

William Bouzier

Francis Sutton

John Smith

John Manwell

William Smith

John Ayers

Richard Beale

Thomas Haley

James Lake

John Robertson

Robert Harrop

244. (L.) James Bedwell was indicted for stealing one linen handkerchief, value 10 d. the property of Charles Backhouse , gent. July 8 .

Charles Backhouse . As I was going along Fleet-Street, near Serjeants-Inn , the prisoner and another man followed me, and the prisoner push'd between me and the wall. He took my handkerchief out of my pocket, and I saw him deliver it to his companion.

Q. Are you sure you had it in your pocket just before that?

Backhouse. I had, and I felt it go from my pocket; I seiz'd the prisoner, and the other man got off with my handkerchief; the prisoner was searched, and several handkerchiefs were found upon him, which he said he had found in the street.

Prisoner's Defence.

I know nothing at all of it.

Guilty .

[Transportation. See summary.]

245. (L.) Henry Green was indicted for stealing thirty ells of linen and cotton cloth, value 30 s. the goods of Thomas Berverdsell , privately in his warehouse , July 5 .

James Tharlfa . I am porter to Mr. Berverdsell, who keeps a Manchester warehouse at the corner of Lawrence-Lane , and I lie in one of the warehouses. A little after four in the morning, on the 5th of this instant, I awaked, and heard a noise at the door; I went down into the cellar, which also is a warehouse, and there I observed this piece of cheque was removed from off a counter and laid under the grating; there was a pane of glass broke in the window. (Producing the cheque.)

Q. Whose property is it?

Tharlfa. It is the property of Mr. Berverdsell, my master.

Q. Did you observe where it lay the day before?

Tharlfa. I saw it on the counter when I shut up shop.

Q. What reason have you to suspect the prisoner?

Tharlfa. I stood in the cellar and saw the prisoner and another man pass the grate several times. There came a butcher's man and pitch'd his basket, then they walk'd off; after he was gone they appeared at the grate again. Then they put down this stick, with a hook tied to it (producing it ) and hook'd the piece up to the grating.

Q. Which of them hook'd it up?

Tharlfa. The prisoner was the man that hook'd it up, and the other man cut the string, with which it was tied-round, and it fell down again under the area of the grate; we have two doors, one opens into Cateaton-Street, and the other into Lawrence-Lane. I went up and opened that in Lawrence-Lane. They had just past the door, going towards King-Street. Then I shut the door and watched their coming, knowing if they put their hook down the grating I should hear them. I soon heard them at it. I went out at the door, and the other person was on the watch, who call'd to the prisoner. I went and laid hold on the prisoner when he was within two yards of the grate, and took his hook from him; he beg'd I would let him go. I brought him in at the door and rang the bell, and the other two men came down; we got a constable and took him to the compter. He was examined before Sir John Barnard , but would not discover the other man.

Peter Kettle . I am servant to the prosecutor. Last Tuesday was a week, about a quarter before five, the porter call'd. I got up, and from the window I saw him drawing the prisoner to the door. I came down; he told me he had seen him attempting to take away a piece of cheque from the warehouse. I call'd up the other man, and sent him for a constable. I went to the grating and saw this piece of cheque lying underneath on the ground, and the window was broke belonging to the warehouse or cellar. I ask'd the prisoner how he could go to do such a thing; he said it was the first time, and he did it for want, and pray'd heartily that we would let him go.

Q. Was that window whole over night?

Kettle. I can't take upon me to say that, for I was not there then.

Q. to Tharlfa. Did you see the window over night?

Tharlfa. I did, and it was not broke then; it was one large pane that was broke out the next morning.

Humphry Deacon. I am an apprentice to the prosecutor. Mr. Kettle call'd me up about half an hour before five. I came down stairs, the porter had got hold of the prisoner in the passage, and I was told he had been attempting to steal a piece of cheque out of the cellar. I went and saw it lying out of the paper, under the grating. I had laid that very piece on the counter in the cellar before, and saw it there over night, I went for a constable, and the prisoner was committed.

Prisoner's Defence.

I am a poor unfortunate lad and have lost one arm, and am obliged to go under the sewers to get any thing for a living.

Guilty, 4 s. 10 d.

[Transportation. See summary.]

246. (M.) Mary Jeffreys , widow , was indicted for stealing one sattin hat, value 3 s. the property of William Green , May 26 .

Letitia Green . I am wife to William Green. I take in quilting, the prisoner work'd with me, and took an opportunity to take the hat mention'd in the indictment.

Q. How do you know that?

Letitia Green. She absconded, I found her and asked her about it; she own'd she took it, and said she had sold it to a woman that was gone to Cambridge. I never found it since.

Samuel Green. I heard the prisoner say she had pawn'd the hat in Grub street. We went there, the pawnbroker said there was no such thing there; after that she said she sold it to a woman that was gone to Cambridge.

Prisoner's Defence.

They affrighted me so that I did not know what I said.

Guilty, 10 d.

[Transportation. See summary.]

247. (M.) Mary Sellars , widow , was indicted for stealing 4 s. 6 d. in money numbered , the money of Ann Pool , widow , May 27 .

Ann Pool . I live in Christopher's Alley, Moorfields . On the 27th of May I had 4 s. 6 d. taken out of my cupboard. I took up the prisoner, and before the justice she own'd she took it.

Robert Moody . The prisoner was taken up for this offence. I saw her fall on her knees, and acknowledge she took the money mentioned, and she returned some of it.

Prisoner's Defence.

I don't know what I said, I was so affrighted. Guilty .

[Branding. See summary.]

248, 249. Charles Frazer and Elizabeth his wife were indicted for stealing one copper tea kettle, value 3 s. the goods of Thomas Smith .

No evidence appearing they were acquitted .

250. (M.) Esther, wife of John Palmer , was indicted for stealing one linen shift, value 2 s. one linen cap, one silk handkerchief, two linen aprons, one cloth cloak and one pair of stays , the goods of Oliver Truelove , May 16 .

Phebe Truelove . My husband's name is Oliver, I lost the goods mentioned in the indictment from out of my house, and the prisoner lay in the same room where the goods were. When I got up in the morning on the 16th of May, she and the things were gone, between three and four o'clock.

Q. When had you seen them before ?

Phebe Truelove . I saw them over night. When I found her, which was about three weeks after, I charged her with taking the things; she own'd she did, and went with me to the two pawnbrokers where she had pawn'd them, and I found them accordingly.

The goods produced in court by Fothergale and Merrit, the two pawnbrokers, and deposed to by the prosecutrix.

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

251. John Hanson was indicted for stealing twenty live fish, call'd carp, value 10 s. three live fish call'd tench, value 3 s. three live fish call'd pearch, value 12 d. the property of , in the county of Middlesex, April 16 .

To which he pleaded guilty .

He received sentence to be branded , and was branded immediately.

252. (M.) John Graham , otherwise Grimes , was indicted for that he, before the felony committed by Hanson, to wit, on the 14th of April , feloniously did incite, move, procure, aid and abet the said Hanson to commit the said felony, and afterwards. to wit, on the 17th of April, the said fish, so stolen, did receive and have, well knowing them to have been stolen .

Henry Rowley . The prisoner lives at Kendal-house, in the parish of Isleworth. In the year 1756, about October, he came to the Coach and Horses at Isleworth and sent for me; I went. He wanted me to get some fish to put into his ponds. After that he and I had some discourse at the Watermen's-Arms, where were the prisoner Hanson and Norton. We sat in a little box and had some steaks; our conversation was only about fish. Graham desired me to get him some fish to put into his ponds.

Q. Did he mention any sort of fish?

Rowley. I can't say he did, only fish in general.

Q. Where was it understood that you was to get them ?

Rowley. From out of Twickenham-Common ponds. He was to give us 9 d. per pound for all killable fish, and the other lesser fish were to be put into his ponds behind his house.

Q. Who was this proposal made to?

Rowley. To Hanson, Norton, and myself. We went down to his own house about that time, and then he wanted us to go and rob the earl of Bath's ponds.

Q. What month was this?

Rowley. It was before we came to action, in getting any fish.

Q. When did you go to work to get fish?

Rowley. I believe on the 2d of March last. He sent for me to come to his house then, about the beginning of March.

Q. Did he make use of the word rob?

Rowley. I believe he did. He entertained me with some cold leg of pork. He bid me go to the Rose and Crown, and there I should have as much strong beer as I could drink; I did go, but not then, for then I was not acquainted with Hanson; he desired me to get fish at my lady Varney's pond, and sent me a letter to my house by his man.

Prisoner. I'll save the court a good deal of trouble; I wrote it. (The letter produced.)

Rowley. I was not at home when it came, but when I came home my wife read it to me; was it read over I should know it again.

It is read to this purport:

Directed to Mr. Henry Rowley , near the Coach and Horses, &c.

FRIEND HARRY,

'' I very much fear you have quite forgot me; '' as this is the only time of the year, if we should '' let it slip, I shall be at a loss any other time of '' the year. If you intend any thing you have '' promised, come to action, that I at once may '' know what I have to depend upon, and you will '' greatly oblige your humble servant,

JOHN GRAHAM .''

March 27, 1757,

Q. In what manner did you understand that letter?

Rowley. I understood by it, that having so many times ask'd me to get fish, it was to spur me up to go and get some; but I could not tell where to get any.

Q. What did you do next?

Rowley. The first action of this sort was, we went to Twickenham-Common, that was, I believe, the 10th of April; the next was at my lord Vere's at Hanworth, that was either the 14th or 15th of April; we took a horse and cart from Mr. Graham's, which was left there on purpose.

Q. Who went with you ?

Rowley. John Hanson did. We went out about nine at night, with some hay or straw in it.

Q. Was this with Graham's knowledge ?

Rowley. It was. We told him we wanted straw to keep the fish alive, we also took a wicker basket or flasket of Mr. Graham's, to put the fish in; we got to Hounslow between nine and ten, and had two pints of hot at the White-Bear there, and staid a little, because we thought it was not late enough; I believe we got to the pond a little after ten.

Q. Describe the situation of the pond.

Rowley. The pond is betwixt two houses, in the back street of Hanworth town, within about a quarter of a mile of the park side, or thereabouts; we put the cart and horse on the side of the road, at the distance of about twenty-five or thirty yards from the pond, and gave him some hay; then we took the nets and put them into the pond, and went about half way round, where we found a great root or limb of a tree in the middle of the pond; Hanson pull'd off his cloaths, went in and pull'd it on shore, till such time as I could get hold of it; then I drag'd it on shore. After that we got the net out with a pretty quantity of fish. There were about twenty-two brace of carp and tench together; there were also about one dozen and a half of perch. We put them all into the wicker basket. Then we saw a woman open a door and look out with a light, and a man on the other side; then I said to Hanson, bear a hand quick. We put them into the cart upon the straw, which he brought to the place while I was getting the fish out. Then we drove away to Hounslow, and so to the prisoner's house, at about two in the morning; there was nobody to receive them, so we put them into Mr. Graham's stews, according as he had ordered us; he came down about six o'clock. Then we went to weighing the fish with his stilliards. We had seven store carp, which we put into his pond; I can't be particular as to the largeness. The killable fish we put into his stews, according to his order, where they may be catch'd in a quarter of an hour's time.

Q. What did the fish weigh?

Rowley. I can't tell, nor how much money we received; I know we did not receive it at that time.

Q. Did the prisoner say any thing to you as to the better management of the fish, when he was not present?

Rowley. He ordered us to come to the Park a private way, because we had like to have been blown, and he shew'd us a well concealed, in which to put the fish; he put a stick down it, and I remember he said it was a pretty convenient place to put a bastard child in.

Cross Examination.

Q. What are you?

Rowley. I am a fisherman.

Q. Does not the prisoner buy and sell fish?

Rowley. He has for many years.

Q. Has he not advertised to buy fish, honestly come by?

Rowley. He did that for a blind to this.

Q. Was not that pond advertised to have been rob'd?

Rowley. I don't know it was advertised; there was a rumour that it had been rob'd.

Q. Did not Graham come to you soon after and call you to an account where you got this fish, and say he hoped you had not them from thence ?

Rowley. No, he did not; I went to him, and told him a man told me my lord Vere's pond had been rob'd. He said, he hoped I did not do it.

Q. What answer did you give him?

Rowley. He said further, '' Why had you not '' taken the poker and beat his brains out, had '' he came to me I would? If you have done any '' thing amiss more than you can answer, you must '' take care of yourself.''

Q. How can you tell that this pond is my lord Vere's property?

Rowley. I can't tell that it is.

Q. What is the price of carp per pound?

Rowley. I believe about 9 d. per pound; but he had all the killable and store fish at the same price.

Q. Can you buy carp of a common fisherman, fit to come to a gentleman's table, for 9 d. per pound?

Rowley. No.

Q. What is the price of tench and perch?

Rowley. They are worth 18 d. per pound.

Q. Did he ever mention my lord Vere's pond to you?

Rowley. No, never; he said in general, any ponds where we could, and said he had as much right, on the waste as the earl of Northumberland had.

Q. What could you have sold those fish for at market?

Rowley. There were some worth three or four shillings a brace.

Q. Did you tell him they were stolen fish?

Rowley. No.

Q. Whether on the 15th of April it was not excessive cold weather ?

Rowley. It was very frosty.

Q. Why did you carry the fish in the night time ?

Rowley. For fear any body should see us, and we had nets kept at Mr. Graham's conceal'd on purpose; and it was usual with us to have the horse and cart at his house ready.

Q. Did he ever charge you any thing for the keeping of the horse?

Rowley. No, not a farthing. He sent Hanson to rent the river of the earl of Northumberland on purpose to blind the thing.

Q. Was you apprehended for this ?

Rowley. I heard I was to go before justice Birkhead. I was sent for, and I went and made a confession free and voluntary, the same as now.

John Hanson . In the beginning of April last Mr. Graham sent his servant for me. I went, and he desired me to go a fishing for him, he said he'd get another to go with me to carry the net; I told him I was afraid to go, he said I had no occasion at all to be afraid. I ask'd him where I was to go, he said upon Smallberry Green, and I was to take my horse and cart.

Q. In whose mannor is that ?

Hanson. My lord of Northumberland's mannor. I went home again, and the next day he sent for me again, and said he could get no body, and desired me to get somebody at the mill to go with me. I went there, but the men appear'd to be in liquor, so it was put off till he got Rowley to go with me. Then he sent for Rowley and me, and we were both at his house together the next day, which was the 9th of April. Rowley and I went to Twickenham Common, and brought some fish from thence to the prisoner's house. The next time we went out was two or three days after, when we went to Hanworth; he told us he would give us 9 d. per pound for all killable fish, carp, tench, perch, &c.

Q. Was any mention made by the prisoner of Hanworth ?

Hanson. No; not as I know of. I had left my horse and cart at Graham's house from the first action, and when we went to Hanworth I took them and a basket, and some straw and the net, from Graham's house. We set out a little after nine at night. Graham said he'd leave the gate open for us, that we might go backwards to his stews with the fish, and bid us take our own time as we thought proper. He also shew'd us the gate, that we should not mistake.

Q. Did he mention your going in the night?

Hanson. He did; we went thro' Hounslow about a quarter before ten, or it might be ten.

Q. Did he know in what manner you were to get the fish ?

Hanson. He did, he bid us get them where we could on the waste, but he told us of one pond in particular, that was the earl of Bath's.

Q. What time did you get to Hanworth ?

Hanson. Between ten and eleven, it was very dark, but the people were not all gone to bed; we stopt (leaving the cart at a distance) and had some beer, and went to look at the pond; there is a farm-house joining to it, and we saw a man with some horses in a stable; then we went to the cart, and when things grew quiet we brought the cart within about thirty or forty yards of the pond; then we took the net, and carried it to the pond, and drew it till we came about the middle, where we met with a tree; then I pull'd off my cloaths and drew the tree out of the pond, and then we drew the net to shore. Going to take the fish out we perceiv'd a light at a little house near, so we put the fish into the wicker basket, and into the cart. There were carp, tench and perch; we went away with them to Kendal house where the prisoner lives, and carried them thro' the gate he had shew'd us, and put them in the stews as he directed, some in the basket, and the perch in a sack. We came there just before two o'clock, the clock struck two as we were hanging up the nets.

Q. Who did Graham pay for them?

Hanson. He paid me at the rate of 9 d. per pound for them all, but paid nothing for the store fish, which we put into the ponds. We saw him about six in the morning, he made a sort of a smile when he saw the fish, and said you have met with them to night somewhere.

Q. Did you tell him where you had them?

Hanson. No, we did not, he never ask'd us.

Q. Which of you weigh'd the fish?

Hanson. I held up the stilliards, and Graham look'd at the notches, they were his own stilliards; he separated the killable fish before we weigh'd them.

Q. from prisoner. Whether I did not ask him whether they had rob'd my lord Vere's pond or not, after I had read the advertisement.

Hanson. No, he never ask'd that question till we heard of it ourselves, when our hearts misgave us, and we ask'd him if the nets and things were safe out of the way.

Q. Did you ever tell him you had rob'd any other ponds?

Hanson. Yes we did, but we did not tell him what particular ponds, he knew we went to the ponds for them.

Q. What is your business?

Hanson. I am a poulterer, and go about the country to sell poultry.

Q. Do you sell fish?

Hanson. No, I do not.

Q. You say you was afraid, pray what was you afraid of?

Hanson. I was afraid to go a fishing where he told us.

Q. Did not Rowley tell you he had a brother that had got a pond by his house on Twickenham Common, and you might go and fish in that?

Hanson. No, he did not.

Q. Did not you tell Mr. Graham you had purchased a pond of fish for a hundred and fifty pounds?

Hanson. That was what Mr. Graham said himself, in order to blind his servants.

Q. When was this talk'd of, before or after you had rob'd ponds?

Hanson. After we had rob'd ponds.

Q. Did you ever hear people had a right to fish on commons that have a right of commonage?

Hanson. No, never.

Q How came you to go to Hanworth ?

Hanson. We were informed there were fish there.

Q. Had you ever heard of that pond before?

Hanson. No, never, neither was I ever at it before.

Q. from prisoner. Whether or no I did not tell you the bad consequence of robbing ponds, and that if you offer'd to go to gentlemens ponds it would be a very bad affair.

Hanson. No, you never gave me any such account; if you had, that would have given me a caution not to have gone to my lord Bath's pond in his garden at Twickenham.

William Hewitson . I am steward to my lord Vere. I know the particular pond, it lies in the back street at Hanworth, within thirty yards of my lord's park pales; there are two houses, one on each side of it.

Q. Who is lord of the mannor of Hanworth ?

Hewitson. My lord Vere is.

Q. Is not this pond part of the waste of the mannor?

Hewitson. Yes, it is.

Q. How long has my lord used this pond to put fish in?

Hewitson. I have known him use it for that purpose for above seventeen years.

Q. Did you ever hear of any man claiming a right to it besides himself?

Hewitson. No, never.

Prisoner's Defence.

I desire first to know how I am accused of haveing any hand in robbing my lord Vere's pond. I don't know the pond, or where it is; they speak in general terms, and say I said any where, but as my lord Vere's pond is rob'd, I could have no hand in the world in it. I gave as much money for the fish as any man in the world would. I deal largely in fish. Would I be concern'd in having fish of these fellows, if I had known they had stole them!

For the Prisoner.

Mary Newman . I am servant to Mr. Graham. One Sunday morning Rowley was in our barroom, I had given master the news paper; master said to Rowley, I hope you have no hand in robbing these ponds. Rowley doubled it with an oath, and said he had not; master said, if you have robbed any ponds that are in pales or inclosures, it is a hanging matter. Rowley doubled it with an oath again, and said he knew nothing of the matter.

Q. Have you seen your master buy fish?

M. Newman. I have often.

Q. How long have you been his servant?

M. Newman. I came to him on the 9th of April.

Q. In what capacity?

M. Newman. As a cook, and on the 10th fish were brought in. I have myself brought the stilliards to weigh fish.

Q. What sort of fish?

M. Newman. Tench, carp, and eels, from time to time a great many times. I know these two men, Rowley and Hanson, have brought fish, and they have weighed it in the day-time, after the family was up.

Q. Do you believe your master would have bought any fish, if he had known them to have been stolen?

M. Newman. I never saw any thing like it.

Q. Do you know any reason why your master let the horse and cart be there?

M. Newman. No, I know nothing at all of that.

Q. Did the cart use to stand there in common, or on particular days?

M. Newman. It was there in the day-time, I never minded it, so as to take particular notice; it has stood there when Hanson did not want it. I remember Rowley told my master he had bought a pond of fish, and he was to give one hundred and fifty pounds for it.

James Fenn . I sell fish at Billingsgate, carp and tench.

Q. What is the customary price at Billingsgate?

Fenn. We never sell them by weight there, but as we do cod-fish, be there few or many.

Q. You sell them about the country, do you not?

Fenn. We serve gentlemen all the way, as far as Oxford. I have sold carp to Mr. Graham for 9 d. per pound.

Q. Did you ever sell him tench?

Fenn. Yes, I have.

Q. At what per pound?

Fenn. At 16 d. that is, small or middling.

Q. What do you call small?

Fenn. That is, two pounds, or three pounds and a half a fish.

Q. What do you sell the large carp at per pound?

Fenn. We have a shilling.

Q. Are they properly killable fish, which you sell at 9 d. a pound?

Fenn. They are; if they lie ten years they will never be any bigger.

Q. Is that the common price in the country?

Fenn. We have sometimes 9 d. sometimes 10 d. and sometimes 1 s.

Q. Are they well-fed fish, that you sell at 9 d. per pound?

Fenn. Yes, sit for any gentleman's table in the world; as good at a pound and half size, as any size.

Q. How long have you serv'd Mr. Graham?

Fenn. I have serv'd him about eight years. I never sold him any but I gave him a receipt for them.

Q. Where have you them from?

Fenn. I rent about 200 acres of water of lord Onslow, in Surry; my brother rents 300 a year. He buys and sells fish all over the counties of Surry, Sussex, Berkshire, and Hampshire. We stock the water ourselves.

Q. What! rivers, or ponds ?

Fenn. Ponds.

Cross Examination.

Q. What is a fine perch worth a pound ?

Fenn. That is according as markets be, sometimes not worth 8 d. and sometimes half a crown.

Q. Had you never above half a crown ?

Fenn. I never had 2 s. and 9 d. for a pound of perch in my life; we often charge 18 d.

Q. What do you sell a tench for a pound?

Fenn. I have sold the prisoner tench for 16 d. a pound, small ones; some weigh'd half a pound, and some three quarters.

Q. What will a tench of fifteen inches weigh?

Fenn. Some of that length will weigh three pounds, and some not a pound and a half. They are worth, according as markets be, sometimes 25 s. and sometimes not half a crown a brace. I have sold a brace for 15 s. and I have known others sell a brace for a guinea and a half.

William Herbert . I live with the prisoner, in the capacity of a gardener. I have known him buy fish of Rowley openly in the house, and they have been weigh'd with stilliards.

Q. Did you ever let any body in with fish in the night time?

Herbert. No.

Q. Did you ever hear your master ask any questions how he came by them?

Herbert. No; he bought them, and paid a market price for them.

Cross Examination.

Q. Is not there a back or private way to one of your master's ponds in the garden, without coming through the yard?

Herbert. No, there is none.

Q. Has not your master, in one of his pieces of water, a place which he calls a private well?

Herbert. Not any at all; there is none but what any body in the world may see.

Rowley. The way he directed us was above the bridge, and he ordered us to take the key with us, and unlock the gate.

Herbert. The gate is always lock'd.

Q. Did you ever know the key to hang in a concealed place?

Herbert. No; the key was always kept within doors.

William Nonecourt . I never saw my master Graham buy any fish.

Q. Did you ever see that gate open which they speak of?

Nonecourt. No; there was a lock upon it.

Cross Examination.

Q. Did you ever hear of a private well, in one of his pieces of water?

Nonecourt. No, I never did.

Prisoner. This very fellow, Hanson himself, has fetch'd my rent for me, and paid money for me; I have an estate of one hundred and twenty pounds a year.

To his Character.

Thomas Holsey \ne\. I have known the prisoner twenty years, or thereabouts; I have had a great deal of dealings with him.

Q. What is his general character?

Holsey. Very good as far as ever I heard; I never heard to the contrary.

Q. Did you never hear any ill of him?

Holsey. I never heard any thing particularly bad of him.

Q. Has he a good or a bad character?

Holsey. I never found he had a bad one.

Q. Did you ever hear he had a good one?

Holsey. Some people are malicious. I never heard any body of value or worth, but what said he had a good character.

John Hill. I am a master coachmaker, and live in Park-Street, by Grosvenor-Square. I have known Mr. Graham thirty-five years.

Q. What is his general character?

Hill. I never heard any body give him an ill character in my life. I never heard but what he paid every body to a shilling.

Q. Did you ever hear a good character of him?

Hill. I never heard any body give him a bad one.

David Gawthorn . I have known him eight or nine years.

Q. What is his general character?

Gawthorn. I never heard he had a bad one.

Thomas Cripps . I am a master plumber, and have done work for him; he paid every body about us very well.

Q. How far do you live from him?

Cripps. I live about a mile and a half from him.

Q. Do you think he'd buy any thing, knowing it to have been stolen?

Cripps. No, not upon any consideration.

Guilty .

[Transportation. See summary.]

253. (M.) James Ashton , clerk , was indicted for stealing six books, call'd Lord Clarendon's History of the Rebellion, value 20 s. three books, call'd Wheatley's Sermons, value 6 s. three books, call'd Miscellanea Curiosa, value 4 s. three books, call'd Norris's Practical Discourses, value 1 s. four books, call'd the Jewish Spy, value 5 s. four books, call'd Nature Displayed, value 4 s. four books, call'd Don Quixot, by Motteaux, value 4 s. four books, call'd Fielding's Amelia, value 4 s. two books, call'd Bruyere's Characters, value 2 s. three books, call'd the Free-Thinkers, value 3 s. one book, call'd Observations on the Classics, value 1 s one book, call'd the Chinese Spy, value 1 s. one book, call'd the Critical Review of Cromwell's Life, value 6 d. one book, call'd Bishop Burnet's Travels, value 1 s. one book, call'd the Roman History , by Question and Answer, value 6 d. one book, call'd the History of the Duke of Marlborough, value 6 d. one book, call'd Ramsay's Travels of Cyrus, value 1 s. one book, call'd Synge's Gentleman's Religion, value 6 d. one book, call'd the Life of Fenelon, value 6 d. and one book, call'd Blackwell's Introduction to the Classics, value 6 d. the property of Samuel Baker , June 28 .

Samuel Baker . I am a bookseller . The prisoner at the bar came to my shop for, I believe, about a fortnight together, not every day, but occasionally; the first time of his coming, I think he laid out in books about sixteen or seventeen shillings, and the second time twenty-four shillings, and paid for them. After he had been several times at my house Mr. Darbyshire, who lives in Wych-Street, and is a bookbinder and bookseller, came to me and ask'd me if I had not lost some books. I said, none that I knew of. He said he had seen several amongst a parcel, which a person offered to sell for twenty-five pounds, or guineas, amongst which he thought some were mine, and that they were at the person's lodgings, at the back of St. Clement's. He went away, and I did not look, not missing any; but he having mention'd Miscellanea Curiosa I began with the octavo's to search, thinking those most likely to be taken away. I missed my Lord Clarendon's History of the Rebellion, and in searching on I missed many others; then I sent for Mr. Darbyshire, and he came. I asked him if he remember'd seeing Lord Clarendon's History. He said he did. Then I got a search warrant from justice Fielding, and went to the prisoner's lodgings, where I found all the books that I had missed, and several which I had not then missed.

Q. Did you find all that are mentioned in the indictment?

Baker. I did, in the prisoner's lodgings. (Produced in court.) These are all my property.

Q. Did you ever sell any of these to the prisoner?

Baker. No, never.

Q. Did you to any body else?

Baker. No.

Q. Where were they taken from?

Baker. They were taken from out of my shop. There never was any money accounted to me for them, and I believe my servants can clear themselves from any suspicion.

Q. Where do you live?

Baker. I live in York-Street, Covent Garden. When we went to search the prisoner's lodgings, at the back of St. Clement's, he was very ill in bed. I charged him with taking the books, and said I was very much concerned to see a gentleman in his situation of life guilty of such an action, as he was seemingly going into his grave. He wanted to speak with me by myself. I said I had nothing at all to say to him, but he must go before the justice; but he seeming extremely ill, I did not care to take him out of his bed, so I went to Mr. Fielding to know if he might he in his lodgings all night. The justice told me I must have somebody with him, so I gave a man two shillings to sit up with him. The next morning I carried him before the justice, who ask'd me if the books were mine. I said they were, and that I had neither sold nor lent them. There being six volumes in large paper, I could not conceive how he conveyed them away; and according to the number of times, of his being in my shop, he must have taken a dozen at a time. I said to the constable he used to come in a great coat, pray look on the inside of it. He turn'd it out, and there we saw a pocket on each side; the whole lining seem'd to be pockets, in which he might have taken away a bushel of books almost at a time. He was asked then how he came by the books. He said, 'I do ' acknowledge them to be Mr. Baker's books, and ' he has them again, and if he requires any other ' restitution in the world, I am ready to give it him' I told him that he had done an action that had subjected him to the law, and he must take his trial.

Nicholas Lankford . I am servant to Mr. Baker; I remember the prisoner being at our shop six or seven times, and the two first times that he came he had no great coat on. He had one on the third time. He then walk'd round the shop and look'd at the books.

Q. How long did he stay that time?

Lankford. I really can't say how long. I remember the second time he came, he was going out of the shop as I was coming in.

Q. Did you observe him to meddle with any books the third time he was there?

Lankford. He took some down from the sholves to look at.

Q. Did you see him put them up again?

Lankford. I did not observe that. I had no suspicion of him, he having bought books of us before; I can't say as to his taking them.

Q. Did you look at the books that were found in his lodgings?

Lankford. I did. I was there, and all the books that we brought away I can swear to be Mr. Baker's property.

Q. Upon your oath did you ever sell the prisoner any of these books, here produced?

Lankford. Upon my oath I never did, neither to him nor any body else; I never sold the prisoner any books. He bought two parcels of books, but he paid Mr. Baker for one, and the apprentice for the other.

Q. Did you see all these books in the prisoner's lodgings?

Lankford. I did; there are both master's mark and mine upon most of the books.

Mr. Darbyshire. I am a book-binder and bookseller, these books here produc'd were offer'd to me to sell, particularly the history of the Rebellion by Lord Clarendon, in large octavo, by the prisoner, at his lodgings on the backside of St. Clement's. He ask'd me twenty-five guineas for the parcel; there were two or three hundred vols. these and many others. I told him they would not suit me. I had a suspicion they were stolen. Then I went to Mr. Slater, one of our business, and told him what I had seen; and he told me he suspected the prisoner was a thief, he had alter'd some books for him.

Q. How alter'd them?

Darbyshire. In making them that were light more dark.

Q. How came you to know these were Mr. Baker's books, did you bind any of them for him?

Darbyshire. No, I did not bind any of them. I found Mr. Baker had sold him some books by my describing him, so I ask'd him if he did not miss any, and told him my suspicion.

Prisoner. You seem to be very unjust and malicious in your representations, and have carried it on all along in such a manner, that right or wrong I must be accused of felony by your means.

James Gardner . I have seen the prisoner in our shop about five times.

Q. Did you ever see him take any books?

Gardner. No; these books I know to be my master's, Mr. Baker's property.

Prisoner's Defence.

I have got my defence on a bit of paper, I hope the court will indulge me to read it.

Court. That you may.

He reads.

Whereas Mr. Baker, bookseller, in Covent-Garden, has accused me as guilty of stealing some books out of his shop, and having prosecuted me for a robbery on that account, it has thrown me into a horrid dungeon, where I am almost strip'd of all the necessaries of life, and am reduced to such a state of bodily weakness, that I can hardly stand upon my legs, and have been so spunged of the little money I had, that I have scarce any left wherewith to support myself, by which means I am quite disabled from having an attorney at law to act as my counsellor, having nothing to pay for his usual fees, wherefore I must offer the following defence for myself, which I shall submit to the worshipful judge and the honourable members of the jury.

And first I desire it may be consider'd that I bought a parcel of books of Mr. Baker, for which I paid him the full value in cash, and he having sent his boy along with me to carry them to my room, it seems some of his books were mix'd with them, which Mr. Baker being invidiously inform'd of, he came and found them in my custody, and thereupon founded his process of felony against me; but how this should have happened I can't conjecture, unless it has been thro' a mistake, and inadvertently owing to a defect of my eye-sight; and if this was really the case, me thinks it was sufficient to excuse the matter to Mr. Baker, if he had been disposed to treat me with the smallest degree of candour, but it seems he was determined to prosecute me with the greatest virulence; and indeed he seems in this whole affair to have acted from a principle of revenge, and to have been impatiently thirsting for my blood, so that nothing less would satisfy his malicious resentment than that my life should be made a sacrifice to his revenge. This methinks will be sufficiently apparent if it be consider'd, that when justice Fielding seemed disposed to mitigate the matter, Mr. Baker (sir'd with rage) attempted to corrupt his mind, and to bring him under the deepest prejudice against me, by suggesting to him that about ten years ago a Scotch clergyman having been found pilfering books at London, he made no doubt but I was the same man; a malicious aspersion this, purely of his own invention, on purpose to slur my character as far as slander and calumny could go. Had I intended to deal as uncharitably with Mr. Baker as he has dealt with me, I might have prosecuted him for committing a robbery against me, by carrying off several books from my room, under a pretence of securing his own property, which I could have proved to be mine by particular receipts under the hands of those booksellers of whom I bought those books; but I thought myself oblig'd to interpret his conduct with more charity than to impute it to an intention of robbery, but russes to a mistake; and to convince you of the unexampled malice of that insinuation of Mr. Baker's to justice Fielding, I would desire you to consider that it not seven years since I was in London before, where I preach'd the Gospel in most of the Presbyterian meetinghouses with universal acceptance, and under as fair a character as any minister in London; and before that time I had officiated as a minister of the church of Scotland above eight years, with great approbation, and am still of an unreproachable character, as appears by the ample credentials I received from the Presbytery to whom I belonged, and which I carried along with me to America, where I preach'd the Gospel for the space of ten years, in most of the British provinces and islands, with the greatest marks of honour and esteem, as a minister of the best character.

Now I appeal to you, gentlemen, whether it is at all likely or probable, that after I had supported so good a character for so many years, I should immediately upon my arrival at London prostitute my sacred profession all at once, and abandon my self to the silly scoundrel trade of pilfering books, as if I had extinguished all sense of honour and virtue; methinks the very supposition of such a thing must needs be abhorent to every ingenuous mind. I hope what has been said may be sufficient to convince your honours, and indeed to satisfy all the world, that the imputation Mr. Baker has endeavour'd to fasten-upon my character is utterly false and scandalous, and that I have sufficiently vindicated myself from so vile an indignity. May it therefore please your honours to canvass the matter in your serious thoughts, not with that rigour and severity which Mr. Baker has used, but with that tenderness and impartiality, that compassion and benevolence which the alleviating and mitigating circumstances of the case will readily admit, and then I doubt not but you'll find reason enough to reject Mr. Baker's charge with the indignation and contempt it deserves. I shall only beg leave to beseech your honours to release me from that dismal place where I have suffer'd so much already, and not remand me to that dreadful prison, where should I remain but a few days more, I must inevitably starve and die. What a scandal is it to old England, that the king's prisoners should be reduced to such miserable circumstances: May I be the last prisoner who shall suffer in such a deplorable condition! May it please your honours to reinstate my character, which Mr. Baker has attempted to fully and destroy, and restore me to a capacity of farther usefulness in the Christian ministry, if God shall be pleased to spare my lilk and recover my health, and this will oblige your humble petitioner ever to pray for your success and prosperity.

James Ashton .

Q. Have you any witnesses?

Prisoner. No, I don't see I have occasion for any.

Court. Will not any of these ministers for whom you have preach'd in London appear for you, to give you a character?

Prisoner. They are all dead now. I have preached for Doctor Harris , Doctor Wright, Doctor Gravener and others.

Q. Will not one of those large auditories appear to your character, to whom you preached?

Prisoner. There is nobody knows me now in London.

There was another indictment against him for an offence of the same nature.

Guilty .

[Transportation. See summary.]

254. (M.) Cecily Forrester , widow , was indicted for stealing one pair of stays, value 10 s. one cotton gown, value 2 s. one linen handkerchief, value 6 d. and one linen apron , the goods of Mary Lemond , spinster , June 14 .

Mary Lemond . I lost these things on the 14th of last June, taken from off the back of a chair; the prisoner was found with the gown on her back, and said she bought it and the other things in Rag-Fair. I never saw her before.

Henry Williams . These things mentioned were taken from off the back of a chair, near a window on the ground floor; in the morning on the 15th the prisoner was taken with the gown on, and she said she had bought the other things and the gown.

Mr. Fry. I am headborough. I had a search warrant from the prisoner to search at a pawnbroker's for a pair of stays. I went with her to the house of Mr. James, a pawnbroker in East Smithfield, where the stays were delivered to me (produced in court) and deposed to by the prosecutrix.

Mr. James. One Alice Moor brought these stays, and pawn'd them with me; the headborough came with the prisoner, and ask'd for them, and I delivered them.

Q. When were they pawn'd to you?

James. They were pawn'd about nine in the morning on the 15th of June.

Prisoner's Defence.

I bought the things of a Jew in Rosemary-Lane about four o'clock, he had them in a green bag.

To her Character.

Mary Cheshire . I have known the prisoner nine years, she gets eight shillings a week at closing of shoes. I never heard that she ever wrong'd any body. She is industrious and sober.

Margaret Forrester . I am mother to the prisoner, and brought her up to my own business, to close boots and shoes; I never heard she wrong'd any body.

Acquitted .

255. (M.) Richard Urlin was indicted for the wilful murder of Samuel Urlin , his father , June 24 . He likewise stood charged on the coroner's inquisition for the said murder.

Thomas Taylor . I knew the deceased and prisoner many years, they lived at Harmondsworth. The prisoner work'd by the day, at labouring work.

Q. Did he do his work as other people?

Taylor. When he had fits he could not work, he used to fall down in them. I was at the deceased's house (he kept a chandler's shop) on this day three weeks, when the prisoner and he were in the room together. He said Richard was not well, he having had fits for four or five days, but he hoped he'd go to work again soon.

Q. Did you hear the prisoner say any thing?

Taylor. Not one word. He was sitting there. I went away and left them, and soon after that I heard he had kill'd his father; I saw his body in the coffin. I was on the jury, of the coroner's inquest.

Q. What was the cause of his death?

Taylor. He was kill'd; his skull was broke, and his face mash'd in a terrible manner; but who did it I don't know.

Q. What is the state of his mind, did you ever know him to do any mischief?

Taylor. No, never in my life.

Q. When he came out of his fits was he as other men?

Taylor. Not very soon, sometimes not for two or three hours; but at other times he never was ready to answer questions as other men, nor sensible like other people; he'd say as others said to him, let it be what it would; he'd do things as often wrong as he would right. I never heard he attempted to be mischievous in my life before.

Q. Had he ever had any quarrel with his father?

Taylor. Never as I heard of; his father was very tender of him. He was a very honest sober man.

George Crips . I have known the prisoner about fifteen years. Having heard the prisoner had kill'd his father, I saw him and ask'd him where his father was; he said he lay dead on the floor. I saw him lying dead. He push'd a pitchfork through the window at me. Then another man came up. He bar'd the door up so that we could not get in. We burst the door open. He push'd a pitchfork out at the door, and we took it away from him; then he said he had got another ready for us. After that we got on the backside of the house to another door, and broke that open; but he would not let us come in till we had stifled him with dirt. There were people enough to assist when we got upon him. After we had seiz'd him he said nothing at all. The deceased was lying with his brains beat out, and all the prisoner said was, he had kill'd Mr. Nobody.

Q. Did his father ever go by that name?

Crips. No.

Q. Did you ever hear of any quarrel between this man and his father?

Crips. No; they always agreed.

Q. What temper of mind is he of?

Crips. Not like another man in behaviour, better sometimes than other some. He was out of his mind sometimes in fits, and just as he got out of them.

Q. At the time he had not fits was he reckoned a man of sense as other men?

Crips. No, he was not.

John Taylor . I have known the prisoner about ten years.

Q. When fits are off him, how is he for understanding?

Taylor. Not like other men.

Q. Was he of a mischievous disposition?

Taylor. Not as I know of.

Q. Was there any quarrel between him and his father?

Taylor. Not as I know of.

Q. Did you see the deceased after he was dead?

Taylor. His brains were lying on the floor; his head was cut all to pieces.

Acquitted. Accidental death

256, 257. (M.) Ann Stockton , spinster , and Margaret Waite , spinster , were indicted for stealing one silver watch, value 20 s. the property of Henry Bear , one silk handkerchief, value 1 s. the property of Jonathan Milds , and one linen handkerchief , the property of Thomas Darwell .

Jonathan Milds . I keep a house for people that are deprived of their senses; the silver watch was the property of Henry Bear , and the silk handkerchief was mine; Bear's watch used to hang at his bedside. I did not miss these thing, till about a fortnight ago, when the constable came and told us there were such things found; I know nothing of the taking them. I believe I have known Stockton three months, and the other three weeks; they were at my house as servants; they behaved extremely well, and were very diligent

Robert Johnson . I am a constable. On the 6th of July I was sent for by justice St. Lawrence, to take up Ann Stockton . She was charged with breaking some windows. There was word sent that she was seen with a watch, so I search'd her, but found none. After that Margaret Waite came to the watch-house door and ask'd where Stockton was. I took her in, and ask'd her where the watch was; she said Stockton had taken it from her, and, in so doing, she tore her handkerchief. She was committed, and the turnkey of the Gatehouse gave me this watch, and said he took it from under Waite's arm. Producing one.

Mr. Milds. I know this watch to be the property of Henry Bear .

Johnson. This handkerchief was in Stockton's lap (producing a silk one) the other Waite had on.

Mr. Milds. The silk handkerchief is mine, the other I can't tell of my own knowledge; it has an S. and D. on it, the name of Sarah Darwell , a woman in our house, whose husband's name is Thomas.

John Bullock . I am a watchman. I saw the handkerchief delivered by the turnkey to the constable, and the watch also; the other handkerchief I took from out of Stockton's lap, who had broke some windows, and having cut her arm, she had it to wipe it with.

Stockton's Defence.

I know nothing of the things; I took the two handkerchiefs out of Waite's bundle.

Waite's Defence.

The man gave me the watch to have a new turnround put to it at the glasier's. It was a gentleman at the mad-house who gave it me to carry there: so I tied it to my apron to carry there; but the people wanted it from me, so I gave it to some man.

Mr. Milds. The prisoners were both sent to me by the parish of St. Ann's, till they could get a vestry, in order to get rid of them.

Q. What! as disorder'd in their senses? Waite seems not to be in her senses now.

Mr. Milds. No! as drunken, lie about persons.

Both Acquitted .

258. (M.) Elizabeth Johnson , widow , was indicted for stealing one sustian frock, value 8 s. two pair of silk breeches, value 10 s. and two pair of cloth breeches, value 5 s. the goods of Hannah Wadley , widow , privately in the shop of the said Hannah , June 12 .

Hannah Wadley . I keep a cloaths shop in Monmouth-Street . I lost the goods mention'd in the indictment out of my shop, on the 12th of June, but don't know who took them.

William Wright . I keep a cloaths shop in Field-Lane; the prisoner came to me with the goods mentioned in the indictment to sell on a Sunday morning. I suspected they were not honestly come by, so I stop'd them and her. She was committed to Clerkenwell Bridewell. I advertised the goods, and the prosecutrix came and own'd them. Produced in court, and deposed to by the prosecutrix.

Q. Why did you suspect them to have been stolen?

Wright. She offered them all for half a guinea, and I saw a shop mark upon them.

John Townsond . I am a constable, and was charged with the prisoner at the bar, who said before justice Chamberlane, she took the goods out of Monmouth-Street, in the morning, but could not tell me what sign it was.

Prisoner's Defence.

I never did nothing before in my life; I was a little in liquor.

Guilty, 4 s. 10 d.

[Transportation. See summary.]

259. (M.) William Higginson was indicted for feloniously making an assault on the person of Richard Arnold , with an intent the money of the said Richard to steal , June 21 .

Richard Arnold . The prisoner stop'd me between Copenhagen-house and Kentish-Town . He was in soldier's cloaths. It was between five and seven in the evening, on the 21st of June; he had a hanger in his hand, and demanded my money.

Q. Was the hanger drawn?

Arnold. No, it was in the scabbard. I told him I had none. He said he'd search my pockets, which he did, but found nothing; then he demanded my cloaths (I had observed he had drawn his hanger two or three times before he stop'd me.) I pleaded very hard, and said I had been ill many months, and they were very bad. He took my hat off my head by force, and seeing it not a good one he returned it to me again. I went up to Copenhagen-house and told the case. Two men went down the field and found him. Then he was carried before a magistrate and committed.

Prisoner. Did I offer any violence to you? you yourself turn'd your pockets.

Prosecutor. You did not hurt me.

John Turner . I was in the fields, when the prosecutor was fishing in a pond. I saw a soldier. After that I was at Copenhagen-house, where the prosecutor told me he had been stop'd by a soldier. I and another man went after him, and took him in the very same field. He made no opposition.

The prisoner had nothing to say for himself.

Guilty .

[Transportation. See summary.]

260. (M.) Thomas Roberts was indicted for stealing one sword with a silver hilt, value 40 s. the property of a person unknown, June 1 .

John Becket . I am a sword-cutler; I can only say there was a sword left at my house to have a scabbard to it, by a person unknown to me, which is the sword now under consideration, but I know nothing of the taking of it away.

John Jeffreys . I am servant to Mr. Becket, a sword-cutler in St. James's-Street. I was going with a bundle of sword-blades, and a silver hilted sword on the top of the bundle, on the Wednesday in Whitsun week, between nine and ten at night, to the scabbard-maker, to have scabbards made to them, and in the Strand a soldier came and took the silver hilted sword and ran away with it.

Q. Do you know that soldier?

Jeffreys. I did not see his face; I can't say the prisoner is the man. I call'd out stop thief, but he got off.

John Bland . I live with Mr. Becket. I gave this sword to the last evidence to carry to Mr. Parker's in Drury-Lane, to have a scabbard made to it. Producing a silver hilted sword.

Q. Whose is it?

Bland. I don't know whose it is; it was left for a new scabbard to be made to it, and the gentleman was to call again.

John Lambert . The prisoner at the bar came to me with this sword, and ask'd me if the hilt was silver or not, on the 1st of June, at night.

Q. Where do you live?

Lambert. In Panton-street. I shew'd it to my mistress, who said it was silver; then he said he wanted to know the value of it. She said there is a silversmith near at hand that can tell you. I went with him there, but the person was not at home; then the prisoner said to me, what will you give me for it. I said nothing at all. Said he, don't you know any place where I can sell it, or any person that will pawn it for me for what they can get. As we were going along he laid hide it. I went with him to a silversmith in Piccadilly, and shew'd him the sword (and left the prisoner at the door.) I said this man wants to sell or pawn this for what he can get, I think he does not come honestly by it, and ought to be taken care of. Then I said to him, soldier come in, you are to have three shillings for it; he came in, and I shut the door; then we got a constable, and sent him to the Round-house. We intended to have advertised it, but the serjeant finding the prisoner in custody, he came to us, and by his means we found the shop out from whence it was lost. At first the prisoner said he found it by a stone in a street by Covent Garden, after that he said he found it by New-street, Covent-Garden.

Prisoner's Defence.

Going to Piccadilly I pick'd up this sword, I went a little farther, and saw that porter standing at a door; I said to him do you think this is silver, he said yes, I believe it is. He took it into a shop and shew'd it to a young woman, who said it was silver. I said I found it, what do you think it is worth; she said a silversmith lives a little lower, and the porter shall go along with you. We went there; the porter went in, and came out again, and said the silversmith bids you 3 s. for it. I said, what for a silver hilted sword. They ask'd me how I came by it, I said I found it coming along; then he said I must have you before the justice. I said I was not afraid of going before a justice or any body else.

Acquitted .

261. Joseph Taper was indicted for stealing 30 lb. weight of lead, value 2 s. and 10 lb. weight of iron, value 10 d. the goods of Nathaniel Wilks , Esq ; being fixed to a certain dwelling house , &c. June 30 .

John Gibson . I work in the Victualling office. On the 7th of June as I was in my yard about five or six o'clock, I saw a hand out at the window, and as I was looking up I saw two hands. I call'd out and said, are you taking the windows already, for I thought it had been the glazier; at last I saw the prisoner's face, I went round to the door, and stop'd there, and Mr. Legg came by; he stood till I went in, and as I went in I saw the prisoner at the bar go out at the back door.

Q. Did you ever see him before?

Gibson. I may have seen him before, but not to know him.

Q. How do you know he is the same man?

Gibson. I am sure he is the same man.

Q. Did you see him take the windows out?

Gibson. I saw him take the lead and iron down into the house.

Q. Was it up one or two pair of stairs?

Gibson. It was up two pair of stairs; as I went in I call'd a plaisterer to assist me, and we met the prisoner just coming out in the backyard; we stop'd him there, and ask'd him where he had that lead and iron; he said he had it at Bartholomew's Hospital. He had a bag with him, and some iron in it, and some under his arm. There was a sheet of lead and glass, and a casement in the bag.

Q. Are you sure that this lead and iron belong to Mr. Wilks?

Gibson. I can't tell.

Q. Did it appear to belong to these windows?

Gibson. I can't say, it was casement lead and iron; as he brought it out of the house it appeared to be the iron and lead that belonged to some windows. He was taken up in Shoreditch, and carried before a justice of peace and examined, where he said he brought it from Bartholomew's Hospital.

Thomas Legg . I took a walk in the morning before I went to work, and about half an hour after five, as I was returning home, I saw Mr. Gibson, who told me there was somebody in the house next door but one to him, and that he had seen the man take down a sheet of glass and a casement; he said he was afraid to go in for fear there should be more than one; then I went directly through a place up to the door, where I heard the glass was breaking, and there I saw the prisoner with the bag. I saw him take it and shove it down to hold more, then he stoop'd and put more into it.

Q. What did he put into it?

A. He put lead, glass and iron into it. It was lead belonging to sheets of glass; there was lead and iron in the bag, and there was iron under his arm when we took him, and his fingers were cut very much with the glass; we call'd a man that lived near, and when he came we ask'd the prisoner how he came by it; he said he brought it from St. Bartholomew's Hospital. The bag, iron and lead produced in court.

Mr. Ruddle. I was intrusted with the care of this estate. Mr. Legg inform'd me that there had been a person stealing of lead out of a house that I had the care of, and told me that they had followed him to the place where he was taken up. I saw the prisoner with the lead, iron and bag, and I went with him before Sir Samuel Gore .

Prisoner's Defence.

These were my grandfather's houses. I went to see whether the oven was down, and I fell down and cut my hands in going into a hole; there was no such lead in the house as this is, all the ground was cover'd with lead, this is square glass lead, and there is no such in all the street. I had it from St. Bartholomew's Hospital.

Guilty .

[Transportation. See summary.]

262. (M.) Sarah Maddison was indicted for stealing one linen shirt, value 1 s. 6 d. the property of Thomas Pembrook , and one linen shift , the property of Elizabeth Greenwood , June 16 .

Guilty .

[Transportation. See summary.]

263, 264. William Hadley and Stephen Harding were indicted for that they, on the 12th of May, about the hour of four in the night of the same day, the dwelling house of Robert Loveless feloniously did break and enter, and steal from thence two harrateen window curtains, value 3 l. four harrateen bed curtains, value 40 s. one pier looking glass, value 5 l. two blankets, value 5 s. one pair of sheets, value 5 s. six yards of alapeen, value 10 s. six tablecloths, one dozen of napkins, and six towels, the goods of the said Robert, in his dwelling house .

Robert Loveless . I was out of town with my family, and on the 13th of May I had word brought me, in the morning, that my house in Dean-Street, Fetter-Lane , was broke open. I took the key and went there, and found the padlock had been forced open; the plate of iron that went from the post to the door was broke, so that the padlock fell down; I open'd the door, and some neighbours went in with me.

Q. Was there another lock to the door?

Loveless. There was, that I open'd with my key; the first room I enter'd was a parlour on the ground floor, where my buroe was broke open, and several things taken out of the drawers. In a one pair of stairs room I missed a large pier glass with a carv'd and gilt frame. I found a door forced in a two pair of stairs room, where I missed a set of bed curtains, and there I found another buroe broke open, with several drawers in it, and also a chest of drawers, from which were several things taken; but those my wife put up, so I can't give an account of the particulars thereof. I missed from that room two pair of window curtains. I only speak of the things we have since found, knowing them to be my property. I found them on the Thursday in Whitsun-week, part of them upon Mr. Boswell the evidence; and the day following I found a remnant of alapeen, about six yards of it, at Hadley's lodgings, and some days after I found at a pawnbroker's in Leather Lane, named William Coyd , the bed curtains.

Q. How came you to find out where these things were?

Loveless. I advertised a reward of twenty guineas, and one Smith, who said she was sister to a woman that lived with Boswell came I went with her to justice Fielding's, where she mention'd Boswell, Hadley, and Harding, as notorious house breakers, so I had warrants and took them up.

Elizabeth Loveless . I was with my husband in the country. Mr. Loveless sent a porter for me in the morning, after he found the house had been broke open. I came to town and missed a great number of things, which are not in the indictment. The goods mention'd in the indictment are all our property.

William Boswell . Hadley came down to my house the day before the house was broke open, and told me that there was a gentleman who liv'd in a little street near Fetter-lane, which he imagin'd was gone out of town, for the door had a padlock upon it.

Hadley. Let somebody look in that witness's hand, he has been branded already.

Boswell. He said it he could get the padlock off, he could unlock the other lock, and by so doing he thought he could get a great deal of money. I went to his house, and he and I went to Harding. We all went to this house in Dean-street about three o'clock. I pull'd off the padlock from the door with a piece of iron about eighteen inches long; it made some noise in doing it, so I went down lower in the street, and Harding went up with the key and unlock'd the door.

Q. Where had he the key?

Boswell. I believe Hadley gave it him; the watchman heard a noise, and came with a candle and lanthorn; then we all three walk'd into Fleet-street, and after the watch was gone off we turn'd back again, this was a little after four; we stood a little time in Fetter-lane, till the watchman was gone off, and then Harding and I went in, while Hadley stood at the door. We took a saucepan out of the kitchen, then we went into the dining room, I don't remember we took any thing there; then we went up one pair of stairs, and in the two rooms we took a large pier glass in a gilt frame, a pair of scarlet window curtains, and some harrateen curtains belonging to a bed, and a piece of stuff roll'd up, about six or eight yards of it; then we went up the two pair of stairs, where we took a blanket, in which we put the glass, we also took a sheet and some linen, we put some of the things in a bag, and in a little bag we put some more odd things. Hadley carried off the little bag, Harding the biggest bag, and I the pier glass. We went different ways, but we all met at Harding's house, where we agreed to part the curtain, for which we drew cuts. I happened to have the longest cut, so I chose out of the six curtains the two scarlet ones. Some time after that Hadley sold his two curtains to Harding, and the rest of the things were divided among us; the pier glass was left at Harding's ho use in the blanket. After it was advertised Harding and I knock'd off the frame and burnt it. After that we carried the glass to the White Bear in Aldersgate-street one night, and he knowing the landlord we left it there, and Mr. Loveless fetch'd it away; the landlord did not know how we came by it. Hadley came there before we went away.

Hadley. I can't say but I did see the glass, but it was not left at my home.

Martha Smith . I went with Mr. Loveless to Hadley's lodgings in Cloth Fair, on the Thursday in Whitsun-week; I know they were his lodgings, because my sister that was kept by Boswell took me there, and there I saw Hadley's wife. There Mr. Loveless found the piece of alapeen.

William Ward . I am an apprentice to William Coyd , a pawnbroker. I remember there were some green harrateen bed curtains pawn'd to me on the 23d of May, by Harding the prisoner, for half a guinea, the same which Mr. Loveless had away. (The goods, except the glass, produced in court, and deposed to by prosecutrix.)

John Spenely . I am a constable, and had a warrant to serve on Boswell. After I had serv'd it, he and his wife told me this glass here produc'd, belong'd to Mr. Loveless, and that he and Harding broke the frame, and burnt it, that it might not be discovered, and that it was at the White Bear in Aldersgate-street. I went there, and ask'd if Boswell, in company with two other men, had not left a looking glass wrapt up in a blanket there, the landlord said he had. I desir'd him to deliver it to me, and told him I had an information it was stolen. He deliver'd it, I took it to Mr. Harding's. ( The glass produc'd in court.)

Prosecutor. By the size and appearance, the silvering being off at a place on the bottom. I think it is mine.

Mrs. Loveless. It is about the size of ours, but being out of the frame it is difficult to speak with certainty.

Hadley's Defence.

I never was in the house, nor saw the gentleman in my life. I know nothing of the matter.

Harding's Defence.

I never was in the house, neither do I know any thing of the prosecutor.

For Harding.

Elizabeth Woolley . I have known Harding between four and five years, I never heard any thing ill of him before this.

John Glasoow . I have known Harding near two years. I never heard any thing ill of him in my life before this.

John Gray . I have known him about a year and three quarters, I never heard any body speak disrespectfully of him in my life.

Sarah Squires \. I have known him about two years, I nursed his wife while she lay in, and was there seven weeks. I never knew any ill of him in my life.

Both Guilty , Death .

There were two other indictments against them for crimes of the same nature.

265. (M.) Edward Duffin was indicted for that he on the 13th of June , between the hours of two and three in the afternoon, the dwelling house of Thomas Tame did break and enter, no person being therein, and six linen shirts, value 6 s. one pair of leather breeches, value 5 s. one hat, value 1 s. two 36 s. pieces, one guinea, and 5 s. in money number'd, the goods and money of Adam Cox , in the dwelling house of the said Thomas Tame did steal .

Elizabeth Tame . The prisoner was my lodger, and I live at Canford-Green . Mr. Cox and the prisoner both lodged in one room, but had separate beds. I was not at home when the thing was done. I can only prove the shirts to be Adam Cox 's property.

Adam Cox , Six linen shirts, a pair of breeches, a hat, two 36 s. pieces, a guinea, and a crown piece, were taken out of a box in the same room I lie in. They are my property, but I was at work abroad when they were taken away.

Thomas Easter . I am a constable; the prisoner was brought to me the next morning after the fact was committed, by Mr. Cox and others. We took him before justice Bevar, where he own'd he took all the things, and that they were the property of Adam Cox , and he delivered part of the money to Mr. Timberly, who took him.

Q. How much money did he deliver?

Easter. He deliver'd one 36 s. piece, one guinea, and a 5 s. piece, and own'd he had changed one 36 s. piece, and he delivered all that but 8 s. which he said he had laid out.

Mr. Timberly. Adam Cox was pursuing the prisoner; I went one way and he another. I took him and carried him to a publick house, and there he pull'd out a handkerchief where the things were, and said they were all Adam Cox 's. He had one of the shirts on his back. He own'd he took them out of a box after he had broke the lock to it; he said the money also was Adam Cox 's, and deliver'd it to me all but 8 s. and before justice Bevar he own'd the same.

Guilty of felony only .

[Transportation. See summary.]

266. (L.) Sarah Cane , widow , was indicted for publishing as true a forged and counterfeit bill of exchange to this purport:

'' May 9 , 1757,

'' One month after date please to pay to Mr. '' John Welch , or order, the sum of 46 l. for value '' received, as per advice,

JONATHAN MORE.''

It was laid a second time for uttering as true a forged indorsement, by the name of William Bosworth , on the back of it.

Also a third time for forging the name Isaac Lane to an order at the bottom of the bill, to this purport, '' Pay when due, Isaac Lane,'' and for publishing the same, well knowing it to have been forged, with an intent to defraud Hinton Brown, and Co.

Charles Smith . I have been acquainted with Mr. Isaac Lane for many years.

Q. Have you ever seen him write?

Smith. I have, very often.

Q. Look upon this bill of exchange, the name Isaac Lane under the order.

Smith. This name I verily believe is not his writing.

Q. Can you with certainty say it is, or is not his writing?

Smith. I am very near as well acquainted with his hand writing as my own. I am of opinion this is no more his hand writing than it is mine.

John Pett . I am a teller to Mess. Hinton Brown and Co. I am perfectly well acquainted with Mr. Isaac Lane's hand-writing.

Q. Have you any of his hand-writing about you?

Pett. I have.

Q. Look upon the name Isaac Lane upon this order.

Pett. This is not Mr. Lane's hand-writing. (He produces a paper with Mr. Lane's name on it.) This is his real hand-writing. (The jury and bench examine the two papers together.)

Q. to Mr. Smith. Look at this paper (that which Mr. Pett produced.)

Smith. If I had had an order for 500 l. on this I should have paid it, but the other I should not.

Q. What do you call this paper now in question?

Smith. It is a forged order to pay the bill of exchange; it is in the usual form of an order.

Q. to Pett. When did you see this bill of exchange?

Pett. The prisoner at the bar came to our house on the 14th of June last, and tender'd this bill for the payment of 46 l.

Q. Who are the partners?

Pett. Hinton and James Brown . There was another young man received the bill out of her hand, and delivered it to me, it being my proper business to pay the money.

Q. What is his name?

Pett. His name is Foster. I saw her deliver it to him. Immediately after I read it, and considered the contents, I turned to the prisoner, and told her it was a forged bill; upon that she declared if it was a forgery, she was intirely innocent of it, for she received it in a post letter, either that or the proceeding day, and produced the letter, which is in my possession.

Q. What mark is upon it?

Pett. There is the Portsmouth mark upon it. I immediately carried the bill and letter to Mess. Brown, who were then at dinner, and told them my opinion of it; the woman waited in the shop till I return'd.

Q. Had she an opportunity of going away in that time?

Pett. There was no restraint laid upon her as I know of.

Q. Had you declared your opinion to her in the shop before?

Pett. I had publickly.

Q. Did you not leave direction with the other person in the shop to stop her if she offer'd to go away?

Pett. No, none at all. Mr. Brown came and told her it was a forgery, and she told him the same as she did me. During the time they were in conference, an acquaintance of Mr. Brown's came in, an officer was sent for, and she was taken before my Lord-mayor. I remember upon her being ask'd in Mr. Brown's compting-house who she received it from, she said she did not know the person that wrote the letter. Mr. Brown or somebody observed that it was something extraordinary she should receive a letter with a bill in it, to send down wines, and receive a reward for her trouble, without knowing the gentleman. She reply'd, as she was in a very public way, a great many gentlemen used her house that she might know, but could not recollect them.

Q. What way is she in?

Pett. She keeps wine vaults in Tavistock-court, Covent-Garden, and when before my Lord mayor she made the same reply as at Mess. Brown's. She was that evening sent to the Poultry Compter for farther examination. The next day she was brought before my Lord-mayor again, I and Mr. Isaac Lane were present. She made the same answers then to every particular, I don't remember she varied in any circumstance.

Q. When you told her it was forged, did she shew any signs of hesitation or guilt?

Pett. I perceiv'd no visible alteration in her, and she constantly persevered in the same story.

Q. Do you know the letter?

Pett. This is it, and this is the case (holding them in his hand.)

Q. Did she give it into your hand voluntarily?

Pett. She did.

Q. Whether you have not had more bills brought you by other people, in the same kind of writing, drawn on the same person?

Pett. There have been several. There was one brought some time before this was, and another the day after.

Q. Do you know Mr. Bridge in Johnson's Court?

Pett. I do. He brought that the day after she brought this.

Q. Do you know of any inquiry after a person at Portsmouth, that is supposed to be the drawer of this bill?

Pett. Upon Mr. Bridge being stopt, he declared his innocence, and that he received the bill in a post letter that same day, sign'd William Bosworth . He was ask'd if he knew such a person. He said some months before there was a gentleman that pass'd by that name.

The letter read to this purport.

Directed to Mrs. Cane, at the French Wine Vaults, Tavistock-Court, Covent-Garden, London.

'' On board the Unity Guinea man at Spithead.

Dear Madam,

As I have not at present an opportunity of coming to town, should esteem it as a favour, if you would get the inclosed note paid, which you may do by applying to Mess. Hinton Brown and Co. Bankers, in Lombard-street, who will pay the money on seeing the note, which I beg you'll do. You must write your name on the back under my name.

I beg you'll accept of a guinea for the favours I received from you, when in town. Pray give my respects to Betty and Polly, and tell them I'll pay them a visit as soon as possible, for I don't think I shall stay long on board this Guinea ship.

If you think fit, send me a dozen of wine, and deduct the money out of that you receive.

I remain, dear madam, Your friend and humble servant, William Bosworth .''

The Portsmouth post mark, and 13th of June, on the back of the letter.

The Jury compare the letter and the bill.

Q. did she take any money?

Pett. She did not. She presented it for payment.

Q. Did she ask for the money?

Pett. No, but that does not admit of a doubt. I have paid a great many thousand pounds without speaking a word to the persons that brought the bills, or they to me.

Prisoner's Defence.

I did not know it was forged, the bill and the letter came together. Neither do I know the person that sent it.

For the Prisoner.

Sarah Copping . I live at Mr. Reynolds's, a taylor, in Long Acre. I get my living by doing plain work. Mrs. Cane sent for me on the 13th of June, at night, to read a letter for her; she could not make it out:

Q. Look at this letter?

Sarah Copping . (She takes the letter and case in her hand.) This is it, here is a direction on it of my writing. She desir'd I'd write a direction on it, she then intending to send the letter, and not go herself.

Q. Was there any gentleman in the house when you came there ?

S. Copping. No, not one. The next day between eleven and twelve I was there again, and heard a gentleman read it over. She said she had a letter out of the country, and she could not tell who it came from, but she said she thought it was from some gentleman that had used her house.

The jury desir'd she might write the same words in court, which were wrote on the letter for a direction.

She wrote the same, viz.

To Mess. Hinton Brown, and Co. in Lombard-street.

The jury compared them, and found the hand writing agree.

Cross Examination.

Q. What did you write that direction on the back of the letter for?

S. Copping. For the porter to carry it.

Q. Are you frequently at Mrs. Cane's house?

S. Copping. I am.

Q. Did you observe in the reading the letter the names of Miss Betsey and Miss Polly: Were there such persons in the house at that time?

S. Copping. There were two Betsey's, but never a Polly. There had been a Polly in the house, but she had been gone three months

Q. Do you know William Bosworth ?

S. Copping. No, I do not. There are a great many people come to the house, and he may have come among the rest, but I do not know any body of that name.

Joseph Harris . I am a hosier and hatter, I live at the corner of Tavistock-Row. Mr. Price came to me, and told me Mrs. Cane had just shew'd him a note that came in a letter from Portsmouth, but she did not know any thing of the person, but imagined he had been at her house; and he ask'd me if there was such a person as Hinton Brown. He said it was drawn on a person at Wapping, and that it was very odd. I told him that was frequently done. He went and fetch'd the note, and it seemed to me to be a fair note.

Q. Look at this note ?

Harris. This is the same note. He said she intended to go for the money. I said she might send a porter, for they will pay it directly. She came afterwards to me, and ask'd my advice. She said she would go and receive the money herself, and said the reason of her going was, that she was to send the money down to Portsmouth by the stage, and was to have a guinea for her trouble, so one journey would serve for the whole.

Q. What day was this?

Harris. I can't say, but it was about the 14th or 15th of June. After that I was sent for to Mr. Brown's, and was before my Lord may or with her. She gave the same account there as she had done to me in the morning.

Q. Where is Mr. Price?

Harris. He is out of town, and I believe he was so at the time of the subpaena being taken out.

Q. Did you see the letter?

Harris. No, I did not. She said she received one, and that she did not propose to send any wine down. I did not see the note in her custody.

Mr. Bridge. I received a letter from Portsmouth, with a draft in it, directed to Mess. Brown, in a frank.

Q. When did you receive it?

Bridge. I believe it was three weeks or a month ago last Tuesday.

Q. Who was it frank'd by?

Bridge. I forget now, because I gave it to Mr. Brown's teller.

Q. Look upon this?

Bridge. I believe this is it. I went on the Wednesday, the day after I received it, to receive the money. The letter was sign'd Bosworth. I took it to be one capt. Bosworth, that used to come to my house with capt. Murray.

Q. Where do you live?

Bridge. I keep the Cocoa-tree in Johnson's-Court, Charing-Cross.

Q. Look at this draft. (He takes it in his hand.)

Bridge. This I take to be the same hand writing as Mrs. Cane's is.

Q. Did Mess. Brown pay you the money?

Bridge. No, I was stop'd.

Q. Did that Bosworth owe you any thing?

Bridge. No, Nor I never had any dealings with him in my life.

Q. How was the letter directed to you?

Bridge. To Mr. Bridge, Johnson's Coffee-house, Johnson's-Court, Charing-Cross, from on board the Unity Guinea man, Spithead.

The letter read to this purport.

'' May the 10th, 1757.

SIR,

I should take it as a particular favour, if you'll receive the cash in the inclosed bill, which you may receive of Mess. Hinton Brown and Co. Please to send it by the coach, &c.

Your friend, William Bosworth .''

Q. Have you any reason to believe that capt. Bosworth wrote this letter?

The Second Part of these Proceedings will be published in a few Days.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON, And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 13th, Thursday the 14th, Friday the 15th, and Saturday the 16th of JULY.

In the Thirty-first Year of His MAJESTY'S Reign. NUMBER VI. PART II for the YEAR 1757. Being the Sixth 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.

Bridge. NO, I am far from believing he did now.

Q. to Pett. Who presented this to you?

Pett. Mr. Bridge did, who was detained, and has given bail.

Bridge. I went down to Portsmouth, and was there four days; I inquired at all the offices, and got every officer's name there, by sea or land. I got the names out of the books of admiral Broderick.

Q. Is there a ship call'd the Unity?

Bridge. There is, but no such name belonging to her. I have received since a letter from a friend of mine (the surgeon on board the Alcide ) who says he made all the enquiry he could, and could find no such name. I went to the inn where the stage-coach puts up, but found no such person. I have found, by inquiring at the War-Office, that capt. Bosworth has been gone eight or nine months to America, as a captain in lord Loudon's regiment.

Acquitted .

267. (L.) Henry Wilson was indicted for stealing twenty-five pair of mens leather gloves, value 25 s. and 50 pair of other leather gloves, value 40 s. the goods of John Warriner and Thomas Hartley , in the warehouse of the said John and Thomas , June 28 .

Thomas Hartley . Mr. Warriner and I are partners, and the prisoner work'd for us.

Q. What is your business?

Hartley. We are glovers . James Figens , one of our servants, came and told me, on the 28th of June last, that he had seen the prisoner take a parcel of gloves out of one of the presses, and convey them into his counter, where he work'd. I order'd Mr. Figens, our foreman, to wait upon a landing place on the stairs, and I went into a passage and look'd through a hole, to watch his carrying them off. I saw him take them out of the counter and put them into his pocket. He went out with them, and down Fish-Street-Hill. I pursued, and took him in Monument-Yard. I took him back to the door, sent for a constable, and took him to the constable's house, where we took from him twenty-five pair of mens leather gloves. ( Produced in court, and deposed to.) He own'd he took them, and acknowledged them to be our goods.

Q. What is the value of them?

Hartley. They cost us 25 s. He was carried before my Lord-mayor, where he confessed he had stole twelve other pair, and sold them to one Dukeshal, in Shoreditch, the Friday before. I got a search warrant, and went to his lodgings in Mint-Street, where I found more gloves of different sorts, one pair of which I can swear to. I went to him since he has been in Newgate, and there he confessed he stole twenty pair from us, and sold them to Dukeshal for 11 d. per pair; and also that he had stole others, and sold them to one Mitchel in Shoreditch

James Figens. I am foreman to Mess. Warriner and Hartley. On the 28th of June last I saw the prisoner take out these gloves ( taking a parcel in his hand) out of a cupboard in the sore warehouse. He carried them into a back warehouse, where he was at work, and wanted to put them into a cupboard there, but by accident it was lock'd. He open'd a counter, which I heard by a remarkable noise that it makes, and as I found afterwards he had put them in there. I sent him to look at the press, with which we press our gloves, to see if it was not out of order; then I look'd and found the gloves there cover'd with a skin. I let them lie, and went and told Mr. Hartley the case; then I shew'd Mr. Hartley a little hole, where he might look through and see the prisoner put the gloves in his pockets, and I went to stand in a place to watch him. I saw him going out at the door. I went to the counter and saw the gloves were gone. I gave the signal, saying he is gone. Mr. Hartley followed and laid hold of him at the corner of the Monument. I was at the searching of him, and saw the twenty five pair of gloves found upon him. We took him before my Lord-mayor, and there he said but little; only he confessed he took them out of the warehouse, and whose property they were. I heard him acknowledge after that, that he stole from my masters one dozen and twenty pair, and sold them to Mr. Mitchel.

Q. Was there any promise made him to induce him to confess?

Figens. No, none at all.

The prisoner said nothing in his defence, but call'd the following persons to his character.

Leonard Welstead , who had known him about twenty years; Thomas Hyde , above twenty; Andrew Sherry , above sixteen; Samuel Brooks , ten; Thomas Codsell , 28; Richard Hitchcock , fifteen or sixteen; Thomas Cooper, ten; John Godfrey , 22; and George Hipsley 24, who all gave him a good character, exclusive of the charge in question.

Guilty, 4 s. 10 d.

[Transportation. See summary.]

268. (M.) Esther Conner , widow , was indicted for stealing one pair of leather pumps, value 1 s. 6 d. and two pieces of leather, value 6 d. the property of Thomas Symmonds , May 30 .

Acquitted .

269. (M.) Thomas Wood was indicted for that he, together with John Royston , Bradley Jackson , and Thomas Rowland , did steal two hens, value 2 s. the property of James Milner , June 29 .

Acquitted .

270. (M.) Ann Wall , spinster , was indicted for stealing twenty guineas , the money of Zachary King , June 9 .

Zachary King . The prisoner was my servant . On the 9th of June I went out of town; when I came home again the prisoner had given my sister warning, and was gone. There were but us three lived in the house. I went to see if I had lost any thing, and missed twenty guineas. I found the prisoner and took her before justice Fielding, where she was searched, and twenty guineas were found upon her. The justice ask'd her whether she took it from me or not, and she said yes.

Joshua Cricket . The prisoner was charged before justice Fielding with stealing twenty guineas, the property of the prosecutor. She was ordered to be searched by a woman, and I to stand by at the time; there were three guineas and a half found in her pocket. I observing her pincushion insisted upon that to be open'd. It was open'd, and seventeen guineas were found in it. Then she own'd she took it, and that it was her master's property. The pincushion produced.

Q. to prosecutor. Have you your money again?

Prosecutor. I have.

Prisoner's Defence.

The money in my pincushion I work'd for above twenty years, and the three guineas and a half I saved in my master's service.

Guilty

[Transportation. See summary.]

271. (L.) Miles Kelley was indicted for stealing one cloth coat, value 20 s. the property of Thomas Lloyd , Esq ; June 14 .

Thomas Knight deposed that as he was sitting in the coach at Guildhall , while his master was attending the court of common-pleas, he observed his coat to move. He got out and catch'd the prisoner putting it into a bag, upon which he was secured.

The prisoner in his defence said, he was an Irishman , and had been in London but a little time, that he was very sickly, had a very bad memory, and did not remember the coach, prosecutor, nor coat.

Guilty .

[Transportation. See summary.]

272. (L.) Barnaby Junis was indicted for stealing one linen sheet, value 2 s. three pictures, value 12 d. one pair of china salts, one china cup, and five china bottles , the goods of Mary Griffin , widow , June 24 .

Mary Griffin . I keep a coffee-house in Aldersgate-Street . June the 24th, in the morning, Eleanor Downs call'd to me, and said there is a thief gone through the back yard. I went and saw the prisoner with a handkerchief in his hand. I call'd out murder, thieves. He threw the handkerchief over a wall, and it was brought to me with my china in it broken.

Eleanor Downs . I got up on Midsummer-day, in the morning, and open'd the windows, and about six o'clock I heard a noise; I look'd, and saw the prisoner at a bed. as if he was going to take some of the things off. I call'd out. He ran through the yard, and Mrs. Griffin followed him. He had a handkerchief in his hand. This china was all whole the day before in Mrs. Griffin's house. When the prisoner was taken he own'd the handkerchief that the china was found in, on the other side of the wall.

Prisoner's Defence.

I belong to the Princess Royal man of war. I came on shore and got some liquor, and did not know where I was.

To his Character.

Thomas Kendal and his wife deposed the prisoner lodged with them about ten years ago, and that they never heard any ill of him before.

Acquitted .

273. (M.) John Pritchard was indicted for returning from transportation, before the expiration of his time .

A certificate of his conviction was read, by which it appeared he was tried and convicted at Hereford Assizes, on the 24th of March, 1756, for stealing eight dozen bottles, fill'd with cyder, value 10 s. and one drinking glass, &c. the goods of John Morgan , Jan. 10, 1756. And in consequence thereof was ordered to be transported for seven years.

Richard Allen . I live at Hereford. I was an evidence against the prisoner at Hereford Assizes. He was convicted and received sentence of transportation.

Q. What was he tried for?

Allen. For stealing some cyder, the property of John Morgan .

George Penner . On the Saturday before last sessions I took the prisoner in Grosvenor Street, upon an information from the gaoler at Hereford.

Q. Was he at large when you saw him there?

Penner. He was.

Prisoner's Defence.

I have been at sea, and have a large family. I beg I may be sent to sea again.

Guilty , Death .

274. (L.) Richard Robinson was indicted for stealing one brown gelding, value 5 l. the property of Daniel Jackson , June 17 .

Weston Gowers . My brother Daniel Jackson lost a brown-bay gelding, from out of his ground at Chedwell , in Essex, near Tilbury Fort, on Friday the 17th of June, at about eight o'clock at night; I had seen it a little before.

William Curtise . On the 17th of June I found this horse in Smithfield. I ask'd the person, whose name was Waters, who he had him of; he said he had just bought him of Mr. Lewis. I went with him to Lewis, and told him it was a neighbour's horse of mine, and that he was stolen. Waters delivered the horse to me, and Lewis returned him his money. Lewis said he had the horse of the prisoner.

Richard Lewis . I have known the prisoner several years. I bought the horse, which the last witness said was Daniel Jackson 's, of the prisoner at the bar.

Prisoner's Defence.

On the 4th of last June, in the afternoon, while I was at Mr. Fox's in Kingsland Road, one Edward Small came and ask'd the landlord if he'd buy a horse, who told him I bought and sold horses. He said he was at the Black Horse in that road. I went with him, and there bought that horse of him, which the evidence claim'd as Daniel Jackson 's, for 40 s.

For the Prisoner.

Thomas Fox . I live at the Fox in Kingsland Road. The prisoner brought a horse to grass to me, and had a dram of anniseed. Then Edward Small came in and said he had got a horse to sell, and said it was at the Black Horse, the house of Mr. Hall; the prisoner went with him, and came back again with the horse, and said he had bought him. He was a darkish brown horse with one eye.

Gowers. That horse of Jackson's had but one eye.

Mr. Hall. I keep the Black Horse in Kingsland Road. On the 4th of June in the morning, Edward Small brought a darkish brown horse to my house, after that he and the prisoner came, then the prisoner had him out to ride, and they agreed for him for two guineas. He paid Small the money, and Small gave the prisoner a receipt. I put my name to it. (The prisoner produc'd a receipt.)

Hall. This is it. It is read.

'' June the 4th, 1757. Receiv'd of Richard Robinson 2 l. 2 s. for a brown one ey'd gelding, about 14 hands and an inch, being in full.

Edward Small .''

Q. to Gowers. What size was that horse?

Gowers. About the height mention'd in the receipt.

Acquitted .

275. (M.) James Wales was indicted for that he being moved by the instigation of the devil, not regarding the order of nature, on the 24th of April , 1757, with force and arms, in the parish of Fulham, in Middlesex, on a certain beast, call'd a mare, then and there being, wickedly and feloniously did lay his hands, and did carnally know and that detestable crime call'd buggery did commit and perpetrate .

Peter Garry . On the 24th of April last I rode on my mare to Parsons Green.

Q. Where do you live?

Garry. I live in Long-Acre. I expected to meet a friend or two from London at Parsons-Green , but they not being come when I got there, I put up at the Peterborough-Arms, facing Peterborough House, then put my mare into the stable, and order'd her bitt to be taken out of her mouth, and her girth slack'd, and that she should have some hay. Then I left the stable, and went into the house, and call'd for a bottle of Yorkshire ale and a paper of tobacco, to enjoy myself till my friends came.

Q. Had they appointed to meet you there?

Garry. No, they had not, but they frequently go there, and one of them came before I went away; and having no company before they came, I fill'd a glass of ale, and lighted my pipe, and began to smoke; then I walk'd towards the stable door, to see if my mare was feeding, the prisoner was in the stable (the first time I ever saw him) along with the hostler; my mare did not feed, and I said she is very warm, and will feed by and by; then I came out of the stable, and left the prisoner and hostler there, and return'd to the house, which is some little distance from the stable. I drank another glass of my ale, and my company not being come I walk'd down to the stable again, and found the stable door shut; not thinking proper to disturb the horses, I passed the door, but there being a window that shuts up with a wooden shutter, which was latch'd up with a piece of leather, I look'd therefrom into the stable, and saw my mare and a man's head about her. I wonder'd what the man was doing, and thrust my head further into the window, and saw the prisoner at the bar in the act of beastiality with my mare, standing upon something that he had put cross the stall, about a foot and half high. I was surprized and shock'd thereat; and seeing Mr. Campbell smoaking a pipe at the house door, who was a stranger to me, I went up to him, and desired him to step with me to the stable, and told him the occasion, and he went with me, and observed the prisoner's actions in the stable from the window; then Mr. Campbell went away, and brought two other men from a greater distance from the stable than he was when I went to him.

Q. How far might Mr. Campbell be from that window when you went to him?

Garry. He was about twenty-five yards distance; the other two witnesses came back along with Mr. Campbell, and saw the prisoner in the action I first saw him in; but some noise being made, he was alarm'd and turn'd his head about, and saw us all at the window, and then he withdrew from the mare.

Q. How near were you all to the prisoner?

Garry. I could have reach'd him with my hand whip, and struck him cross the back; and being a good deal incensed against him, I went into the stable and horse-whip'd him all the while he kept doing up his breeches, they being quite down when I first went in. He kept crying out. What do you horse-whip me for, I have been doing nothing but putting the cloth over your man ? I said you had no occasion to have put your breeches down for that, I believe you have been doing that which will bring you to an unfortunate end.

Q. How wide is the stall?

Garry. I suppose about six foot wide. The thing he stood upon was either a piece of deal, or pitchfork, or broom, or something of that sort. I believe I should have neglected prosecuting the prisoner, had he not been very insolent, for when I was got to my pipe again, the prisoner being postilion to a post chaise that had brought down some gentry, as he was putting his horses to the chaise, he turn'd back, and seeing me at the door he held up his hand or whip, and said, I'll do for you for horse-whipping of me; whereupon, seeing him so very outrageous, I laid hold of him, and said public justice should be done on him, and then with some assistance he was carried before a justice of the peace at Fulham, who committed him to New-Prison; my mare is since dead.

Mr. Campbell. Whilst I was sitting on a bench in the yard at the Peterborough-Arms, Mr. Garry, a person I had never seen before, came to me, seemingly in some confusion, and pull'd me by the arm, and said pray step this way. I said where, he still beg'd I'd go with him, and I went accordingly, and when we were got about half way to the stable, he said you'll see something that will surprize you, there is a little fellow buggering my mare in the stable. I went up to the stable window, and found what he had said to me was true, and was very much shock'd thereat; I then ran and beg'd of Mr. Sayer and Mr. Bedford to come back to the stable window with me, telling them what I had seen; accordingly they forthwith came, and found the prisoner much in the position as I had left him in, I was gone above a minute.

Q. What did he stand upon?

Campbell. I can't say that, but as we look'd in at the window, my hat made a little noise against the window shutter, and thereupon the prisoner turn'd his head about and look'd at us, and drop'd down behind the mare. Then Mr. Garry went in and horse whip'd the prisoner, after which I went into the house.

Q. Did you observe the prisoner's breeches to be down?

Campbell. I did not.

John Sayer . I was drinking at the Peterborough Arms on Parsons Green, on Sunday the 24th of April. Mr. Campbell came to me and Mr. Bedford, and desired us to step with him to the stable window, which we did, and there saw the prisoner in beastiality with a mare; there being four of us we made the window dark, or else by somebody rushing against the window shutter the prisoner was disturb'd, and drop'd down from the mare; on which I said to Mr. Garry, Sir, go in and horse-whip him, for I think he deserves it very much, and here is a pond near, which he ought to be drag'd thro'; thereupon I went into the stable with Mr. Garry, and saw the p risoner's breeches quite down, and he endeavoured to put them up all the time Mr. Garry was horse whipping of him, but when the prisoner came out to put his horse to, he began to use Mr. Garry with ill manners, and call'd him names; then Mr. Garry went up to him, and said he should be prosecuted. He laid hold of him, and we assisted to secure the prisoner.

Q. from prisoner. What had I in my hand?

Sayer. Nothing as I know of.

John Bedford . When Mr. Campbell came to call me, and told me I should see something not common, I went, and there were four of us at the window together, which darken'd it, but there-from we saw the prisoner behaving in a very improper manner, and something rushing against the window, he turn'd his head about and observed us, and then drop'd down from the mare, and endeavoured to pull the cloth that was upon the mare over her back. Mr. Garry went in and horse whip'd him, and the prisoner seemed to be bustling as if he was putting his breeches up at the time he was horse-whipped.

Q. from prisoner. What did you see in my hand?

Bedford. I did not see you had any thing in your hand.

Prisoner's Defence.

I was making water between my horse and the gentleman's mare, and she had shaken the cloth off her. I took and threw it over her again, and he presently came into the stable, and fell a strikeing of me, I had the bridle in my hand at the time; there was nothing in the stable but a broom, a fork and a shovel.

For the Prisoner.

Joseph Goad . The prisoner had a pair of horses in that stable, and the mare stood in a stall between them. I had the care of the horses in the stable. I went out of the stable after the mare was there, and left the prisoner, and was not in the stable for an hour after.

Prosecutor. This is the man that was in the stable with the prisoner the first time I went to the stable.

Q. to prosecutor. What time did you put your mare in the stable?

Prosecutor. About half an hour after three. She had been in the stable about an hour and a half before the prisoner was secured.

To his Character.

Simon Prish . The prisoner is upwards of sixteen years of age, and has lived in several noblemen's families. I believe he is the first of his family that ever was within side a prison. I ask'd Mr. Bedford in this court yard if he saw any thing of this affair, he said yes. Then I ask'd him what, and he said, he did not come till all was over.

Guilty , Death .

276. (L.) Charles Steward , otherwise Conner , was indicted for that he, together with John Green, not taken, did conspire to cheat and defraud Joseph Hicks of a forrel gelding, value 6 l. by divers arts and pretences , March 31 .

Joseph Hicks . I am coachman to Mr. Howard in Hatton-Garden. On the 31st of March the prisoner and one Green, not taken, came to me at the George in Leather-Lane, and the prisoner agreed to give me 6 l. for a forrel gelding. He desired I would take him to the Bell Savage-inn on Ludgate-Hill, where I was to be paid; I went. They ordered the hostler to put him into the stable. Then the prisoner said to me, you must go with me to the Temple-Exchange coffee house, and there I will pay you for him. Then we all three went out with an intent to go there, but before we got there Green gave me the slip, and went away. When the prisoner got me to the coffee-house, and had kept me about ten minutes, I desired him to pay me, for I could not stay. He said have a little patience, Green is gone to change a 20 l. bank note. When I began to be impatient he said I believe I can find Green, he is gone to Symond's inn cellar, Chancery-Lane. We set out from thence in order to go there. When we came there he said to the landlord, has Green been here? The landlord said no. Then he said my wife by, and if she is at home I can a will for the horse. I went with him to a place near Fetter-Lane, where a woman said she was gone out. Then he said we must go to Symond's inn-cellar again, which we did. Then he ask'd the landlord if Green had been there since we went out. The landlord said no. Then he said, come coachman let us drink a tankard of beer. I said I could not stay. Said he you think I want to cheat you out of your horse; if I can't pay you, you can but have him again, so you may go and take him. I said, then you must go along with me. He said, I will not. I said, they will not let me have him, for he was delivered in your name. I desired the landlord to get a porter, in order to send to the Bell-Savage-Inn for the horse. A porter came, and I gave him an order to go for the horse; then the prisoner said he'd go along with me, so I call'd the porter back. We went down Chancery-Lane, almost to the bottom of Fleet-street. He said, suppose the horse should be gone from thence. I said, nobody can take a horse of your's or mine without an order. When I got there I inquired of the hostle, who said a porter had been for him, and had taken him away. I ask'd him whose name he came in. He said the prisoner had given a note to him before I went out of the yard: The contents were, to deliver the horse to any man that should come for him.

Q. Was the prisoner by at this conversation ?

Hicks. He was. The hostler gave me the note. I said to the prisoner your name is Charles Steward , is it? He said yes. Said I, you remember you have not paid me for it. D - n your horse said he, I know nothing of him, he is gone from hence. I said I shall detain you till you find either money or horse.

Q. How was the prisoner dressed then?

Hicks. In a light colour'd coat and waistcoat embroider'd with gold. He was carried to the compter in that dress. I remember he had another coat on the next day, when he came to go before my Lord mayor. Six days after this Green sent me word, by some acquaintance, I might have my horse again. I ordered him to bring him to the Horse and Groom, in Eagle Street, by Red Lion-Square, where he sent him, and I had him again. Since the prisoner has been in Newgate he sent for me, and desired me not to appear against him.

William Bretrage . On the 31st of March, in the evening, I was at the George in Leather Lane, where I saw Mr. Hicks, the prisoner, and Green bargaining for a chesnut gelding; they agreed for 6 l. The prisoner gave Mr. Hicks a shilling, and bid them take to the Bell Savage Ludgate Hill, and deliver him; and he was to pay the rest of the money. Mr. Hicks took away the horse directly.

Alexander Coning . I remember a chestnut-horse being brought to the B age-Inn on the 31st of March, by Joseph Hicks , who said he had sold him to the prisoner at the bar. The prisoner was there, who ordered Hicks to deliver him to me, and the prisoner ordered me to give him a feed of corn, and said he shou'd send for him as soon as he had eat his corn, and delivered me a note. Produced and read.

'' Hostler, deliver my sorrel horse to the bearer, '' upon paying for his standing, your's,

CHARLES STEWARD .''

March 3, 1757.

About half an hour or three quarters after, a porter, named David Pugh , came for him, and I delivered him the horse.

Q. Where is he?

Coning. He is not here.

Q. from prisoner. Was it not with Mr. Hick's consent, that I should send for the horse when I thought proper?

Coning. I know nothing of any consent of Mr. Hicks.

Prisoner's Defence.

This horse was brought by Mr. Hicks in order to be delivered to me when I sent for him. Green came to an unfortunate man in the Press yard in Newgate, Mr. Gatewood, who was executed for robbing the mail, about sending money into the country to subpoena witnesses for him, and he ran away from me, and took the horse unknown to me. When I was going to advertise the horse Green got knowledge of it, and he sent the horse to Mr Hicks. If my consinement has not been a sufficient punishment for the crime, and the court find me guilty, I hope I shall be sent on board a ship to serve my king and country.

Guilty .

[Pillory. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

277. James Wright was indicted for wilful and corrupt perjury .

Acquitted .

278. (M.) Joseph Eliot was indicted for stealing 6 s. in money number'd, the money of Daniel Clayton , privately from his person , May 29 .

Acquitted .

279. (M.) Robert Mason was indicted for stealing one copper tea kettle, value 2 s. and one flat-iron, value 12 d. the property of Christopher Mason , December 25 .

This appearing to be a family wrangle betwixt two brothers, the jury acquitted the prisoner.

280. (M.) Patrick Queal was indicted for stealing one wooden chest, value 10 s. and twenty-seven guineas , the property of Patrick Quinn , Nov. 30, 1750 .

Patrick Quinn . I live in the parish of St. Giles's in the Fields. My landlord and I had a little difference together. He was a little hot headed. I was afraid he'd come and seize, though I owned him nothing. I desired a man that boarded with me to take the chest and twenty seven guineas in money out of the house, to a neighbour's two or three doors from me, and I have never seen the money nor chest since.

Q. Why do you charge the prisoner?

Quinn. I believe the prisoner is the man, but I and not sure; it is a great while ago.

Q. How long ago?

Quinn. About seven years ago.

Q. How came you to be so cruel as to take up a man that you do not know?

Quinn. I took him up, but whether he is or is not the man I can't tell.

Acquitted .

281. (M.) William Williams was indicted for making an assault on Thomas Smith , an infant about twelve years of age , and him, the said Thomas, did carnally know, by committing upon him that detestable crime call'd sodomy , &c. April 2 .

There were only two witnesses examined, Mary Smith , the mother, and Margaret Stevenson , a neighbour.

The first deposed, the prisoner and child used to lie together in one bed in her house, the prisoner being a lodger there; her neighbour corroborated her in this, that the child made much complaint, and they examined his fundament, and found it disorder'd in an extreme bad way, but could say no more than what they heard the child say.

The child was examined as to the nature of an oath, but by its answers it appearing to have no knowledge of the consequence of false swearing, the prisoner was acquitted .

282. Ann, wife of Martin Lee , was indicted for stealing one camlet gown, value 4 s. one linen gown, value 10 s. and one cotton bed gown, value 5 s. the goods of John Haverne , July 11 .

Margaret Haverne . I went out to work and left the prisoner in my room; she took a camlet gown, a linen gown, and a cotton bed gown, and pawn'd them in three different names.

Q. Are the pawnbrokers here?

M. Haverne. No.

Elizabeth Creet . I saw the prisoner with some of the prosecutrix's things; she said the prosecutrix's husband took them and gave them to her.

Acquitted .

283. (M.) Diana Peirson , spinster , was indicted for that she on the 1st of July , about the hour of one in the night of the same day, the dwelling house of James Thomas feloniously and burglariously did break and enter and one cloth cardinal, value 6 s. one diaper tablecloth, two linen window curtains, one linen shirt, two linen aprons, one linen handkerchief, two quart pewter pots, and three pounds weight of cheese, in the dwelling house did steal , &c.

James Thomas . I fasten'd my doors on Friday night the 1st of July, between eleven and twelve o'clock; the fore door has a lock that goes with a spring, and the back door fastens with two bolts; I was the first up next morning, between four and five. I found the casement open in the yard, where was a shutter that open'd on the outside, which was fasten'd the over night by a pin that goes through the shutter, and keys on the inside. The first things that I missed were two window curtains, blue and white linen. I looked about and missed several things, two quart pewter pots, a scarlet cloth cardinal, a shirt, three tablecloths, and an apron. The prisoner was stop'd the next morning about nine o'clock, and I was sent for. The goods produced in court, and deposed to.

Q. Do you keep a publick house?

Thomas. I do I went to her in New-Prison, and ask'd her how she came by these things. She said she had them of a woman between Islington and London.

Hannah Thomas . I am wife to the prosecutor. I saw the window shutter fasten'd before I went to bed, and when I got up I missed several things.

Q. Look at the goods here produced, do you know any of them?

H. Thomas. They are our property.

John Fell . On Saturday the 2d of July the prisoner offered this tablecloth to me to sell. She had got a bundle, in which I perceived a scarlet cardinal. I ask'd her what she had got there. She said, it was nothing to me. I said I would see. I took it from her, and ask'd her if it was her own. She said yes, it was left her by her aunt, who liv'd about two miles beyond Sturbich. I said, you seem to be a hay-maker, and it is odd to carry such things about you. Then I saw the two quart pots with the name taken out, and said there is something more in it than this, there must be some house broke open and rob'd.

Q. to prosecutor. How do you know the pots to be your's ?

Prosecutor. My name is out, but there is the man's name that I bought them of.

Fell. I told her she must go with me before justice Welch. When she came there she said a woman had given them to her upon the road. Mr. Welch ask'd her where she work'd last. She said with Mr. Hutchins on the King's road. Mr. Welch told her he believed she told him a lye, and that there must be somebody concerned with her; but she would not confess any thing, only said, she was to give the woman the money they fetch'd that delivered them to her. Then he committed her to New-Prison for farther examination, and desired I would advertise the things, which I did, and about nine on Monday morning, Mr. Thomas and another gentleman came to see the things, and owned them.

Prisoner's Defence.

I carried these things for a woman almost a hundred miles. I came with her out of the country. She ask'd me to sell that tablecloth for her, and to meet her in Smithfield, and she was to come to me; she went to the hospital, where she said she had a little girl.

Guilty of felony only .

[Transportation. See summary.]

284. (M.) Mary wife of Henry Sefton was indicted for stealing one silk handkerchief, value 12 d. and one pair of silk gloves , the property of Richard Groom , April 27 .

Richard Groom . The prisoner came to my apartment with another old acquaintance of mine. I made very much of her. She took an opportunity of taking the things mention'd in the indictment out of my apartment.

Q. Where do you live?

Groom. I live at the Hoop and Bunch of Grapes in Shoreditch , in a one pair of stairs room.

Q. What is the name of the woman that came with the prisoner?

Groom. Her name is Sarah Morris ; she came to see me.

Q. When was this ?

Groom. This was about ten at night, on the 27th of April, when they went away. I believe they came about seven. My wife ask'd for the handkerchief when she was in bed, while I was undressing myself, and I found it was gone.

Q. Did they both go away together?

Groom. They did I believe. The next morning I went to the prisoner and accused her with taking the things.

Q. Where did she live?

Groom. In Drury-Lane. The other young woman and she lived together. The prisoner own'd she had pawn'd the handkerchief to a person in Holbourn, where I went with her, and found it pawn'd for a shilling in her name, and I had the gloves again from out of the prisoner's pocket. I took her before the justice, and there she own'd she did pawn the handkerchief.

Q. Are you sure the handkerchief was in your house when the prisoner was there?

Groom. I am sure it was, for I saw it just before in a basket by the bedside.

Prisoner. It was four o'clock before we went from his house, and I was in liquor and knew not how I came by the handkerchief; it was his daughter that was with me.

Q. to prosecutor. Is Sarah Morris your daughter ?

Prosecutor. She is.

Sarah Morris . I live in Drury-Lane with the prisoner. My husband is at Barbadoes. We went to my father's on the 27th of April, the day that he was married. I had taken the prisoner with me several times before. We got there about six o'clock, and staid till ten or eleven, more or less I can't say. My mother-in-law wanted the handkerchief to put round her neck, and it was missing. In the morning my father came to me and ask'd me if I knew any thing of it. I said no. I said, if it is lost I am sure Mary Sefton must have it. She had borrowed a halfpenny of me in the morning to get some beer. She came back again, and said she had been in Gray's-Inn-Lane, and was very full of liquor. We ask'd her about the things, and she own'd she had them.

The prisoner had nothing to say in her defence.

Guilty, 10 d.

[Whipping. See summary.]

285. (M.) Eleanor Eddowes , spinster , was indicted for feloniously forging a paper writing, purporting to be a bond to Anna Maria Edwards , in the penalty of two thousand pounds, for the payment of one thousand pounds, and publishing the same with intent to defraud Robert Bridge .

After the indictment was read, the council for the crown began in the following manner:

The prisoner had knowledge of Mr. Ralph Bridge, the person who is supposed to execute several instruments, so long ago as between thirty and forty years, when she lived servant with Sir Richard Grosvenor , Mr. Bridge then acting as steward to Sir Richard; so early did she begin to display her genius of this kind. Mr. Bridge at that time was instrumental in discovering her transactions, and bringing her to justice, and she was committed to Newgate, where she lay about fifteen months. When she got out she kept a bagnio in St. James's-Street, where she lived for some years; but in the year 1739 she became greatly indebted to many people, and her creditors came upon her, and she was sent to the Fleet, where she lay from 1739 to 1748, when she was discharged by the Insolvent Act. It was not long after before she set to work. She began within a month after her confinement with Mrs. Mulder, and filed a bill in chancery against her; several transactions in pursuance to that are not at an end. I shall not take notice of that transaction any farther than as it has a connection with this. She never had any demand on Mr. Ralph Bridge during his life time, who died in March 1747. In July following she sent one Boucher, an attorney, to the present Mr. Robert Bridge, his representative, to whom he left the greatest part of his fortune; and he never was without great sums of money in bankers hands, and India bonds. She sent to demand of him the sum of 750 l. and produced a bond, which she said was executed by Mr. Ralph Bridge, and given to her; this was a demand in her own right. Mr. Bridge was a good deal surprised, and could not think that his uncle, a man of affluent circumstances, could owe that sum to any person whatsoever; but when he came to understand who this creditor was, (a woman in the Fleet for a debt of 180 l.) it was impossible he could conceive the debt genuine. It is remarkable that bond is witnessed by two persons; one her brother John Eddowes. a poor necessitous man, who was sometimes a bailist's follower, sometime a day labourer, and at last was obliged to her for bringing him into a scrape, for which he was committed to Newgate, where he died, not being able to pay 40 s. The other was Peter Phillis , a person in the Fleet at the same time, in circumstances which in every shape convinced Mr. Bridge this must be forged; therefore he soon afterwards filed a bill in chancery against her and the witnesses, in order to discover the circumstances attending the execution of it; for she brought an action on it immediately after he had refused payment. She in June, 1748, put in her answer, where she says, in order to give an account of it, Mr. Ralph Bridge was an acquaintance of her's, that she had advanced 400 l. to him, and some other person had advanced 400 l. more in her favour, and that Mr. Bridge undertook to purchase an annuity for her with that sum; but an opportunity not falling out immediately she had received several sums of money from him back again, and at the time this bond is supposed to be given he came to her in the Fleet. They settled accounts, and upon the ballance this sum of 750 l. was due to her; that he brought a blank along with him, and told her she might get any body to fill it up, and he was ready to execute it; that she looking out of her chamber window saw Mr. Peter Phillis , who happened to be walking by, and call'd him in, so he happened to be a witness. In this case there were several witnesses examined. It came on to a hearing, and my lord chancellor thought proper to direct the issue of it to be tried at law, and Mr. Bridge prepared himself for that trial; but upon the examination of the witnesses it appeared she had dated that bond at a time when Mr. Bridge happened not to be in town. It happened to be at the time of Litchfield election. Mr. Bridge did business for gentlemen of fortune, who interested themselves in that election, and he was gone down there on that occasion. When she found this, and that it would be wrong to stand a trial at law, she did not try the cause; but when it came back again into the court of chancery the issue was taken ( pro confesso ) and it was agreed that that bond should be delivered up and cancel'd.

After that (she had an invention so fruitful she was not at a loss to commence new demands) she set up a most extraordinary one indeed, and this is the subject principally of our present inquiry. She set up a person, one Mrs. Anna Maria Edwards , as she was pleased to call her, a person who she said lived at Brussels, but was sometimes in England. She pretended Mr. Ralph Bridge was intimately acquainted with her, a particular friend of hers; that she was an officer's widow, who had been in the French service, that she had dealt here as a sort of a merchant in lace, French wine, silks, and other commodities. That she had drove a large trade, by which she had been enabled to get a considerable fortune, and Mr. Bridge, as a particular friend of hers, undertook to put out a sum of money for her; that in the year 1740 she advanced to him the sum of a thousand pounds, which he undertook to put out for her, and in the mean time he would pay her five per Cent. She produced another bond, whereby it appeared that Mr. Bridge had given this bond as a security for this thousand pounds; it was made in the penalty of two thousand pounds for the payment of one, that she insisted was fill'd up by Mr. Bridge himself, and executed by him, and witnessed by two women, one an old woman, Ann Mulder , the other Jane Knight . Mrs. Ann Mulder is made a witness to this bond of Mr. Bridge, and Mr. Bridge is made a witness to the other bond of Ann Mulder , and both these bonds are said to be executed the same day, the 9th of March, 1740, and supposed to be fill'd up by Mr. Bridge.

By this bond she made a demand by her attorney on Mr. Bridge of a thousand pounds. Mr. Bridge was astonish'd at this second demand, but he thought it absolutely necessary to take the same steps as in the other case; he filed a second bill against her for the same kind of discovery. This was not set up in her own right, for this Mrs. Anna Maria Edwards is supposed to die in Feb. 1745, and in her answer in chancery in Feb. 1746. she says Mrs. Edwards made her will (and there is a will produc'd supposed to be hers.) She makes the prisoner's brother, John Eddowes , who died in Newgate, her executor, but she has not given the least account of any intimacy or any knowledge Mrs. Anna Maria Edwards had of John Eddowes . He afterwards died, then she takes out letters of administration to him, and as his representative made this demand. She by her answer to Mr. Bridge sets forth the bond, says she is very well acquainted with Mr. Bridge, Mulder and Knight, and insists upon the bond as a real bond, at that time, which was in November, 1752; but when she made the first demand of this bond she took no notice at all of three several promisory notes, she did not pretend any of them were due to her, yet two of them are indorsed upon the back of the bond; the third, which is for 300 l. she took no notice of, but before this answer she insists upon it she is not only intitled to that, but 600 l. more, which is these three several notes. Mr. Bridge amended his bill, she puts in her second answer, she there says as to the 100 and 200 l. she believes the money is not due upon them, but that they were given as a collateral security for part of the money due upon the bond.

Now observe the bond was supposed to be executed in March, 1740, the other not given till 1745; how could it be possible that two notes should be given as a collateral security against the security of a higher nature, and so long afterwards.

Upon this the cause was brought to issue, many witnesses examin'd on both sides, and it appear'd she did not examine a single witness to prove the existence of this Anna Maria Edwards , though she had said she was a woman of consequence in trade, and died worth 3000 l. yet in another answer she said she was worth nothing, her effects not being equal to her debts. It appear'd she had been a little out of luck in the execution of this bond too, tho' she had taken some care to obviate a little difficulty she had in the last, for she had dated this bond a great deal farther back, this was March 1740. Therefore as Mr. Bridge was generally in town about that time of the year, in the spring, she thought there she should have him, but there she was again mistaken, for it appear'd that this Mr. Bridge lodg'd for 14 years with Mr. Curgee, a goldsmith, in Fleet street, and continued there when in town to his death. Mr. Curgee, in looking over his papers, found a letter from him at this very time, wrote from Oxfordshire, by which he recollected he set out on the 6th of March for Burford, and the letter was dated the 9th at Burford, which is 70 miles from London, therefore it is impossible he could be in London at the time; in order to take off that, she or somebody else has been guilty of the most extraordinary forgery that almost ever came before a court. She got leave of my Lord Chancellor in order to prove some exhibits. She produced six letters, the tenour of them appear'd to be a correspondence kept up between this Mrs. Anna Maria Edwards at Brustels in Flanders, and Mr. Bridge; these letters had no post marks on them, the whole appear'd upon inspection not to be his hand writing, nor like it, and from the spelling and manner of expression no man could hesitate a moment; upon this the cause came to be heard. She produced a 7th letter, but that was calculated to answer a particular purpose, and that was to shew that Mr. Bridge was drunk when he wrote one of the letters; when it came to be heard before my Lord Chancellor, there was another cause came on at the same time, my Lord thought proper to direct issues, and when they were fram'd and prepar'd for trial she filed this first cause, but did not think proper to try the other at all. The whole matter was tried before my lord Mansfield last May, by a special jury of gentlemen, in Westminster-Hall, and after a full hearing by witnesses the jury brought in a verdict against the bond, that it was not a real bond; and likewise the notes, and these very letters were produced in court, and witnesses on both sides examined as to the hand writing, when the jury found a verdict against the reality of the bond and notes. She had the hardness to attend the trial, and my lord Mansfield thought proper to commit her, and bound Mr. Bridge over to prosecute.

The first thing we shall go upon is, to prove this bond was not executed by Mr. Bridge. We shall likewise prove by several gentlemen of character and credit, who very well know his hand-writing, and will positively declare this is not his hand-writing to the best of their knowledge.

As for the publication, that is beyond all manner of doubt. We shall shew she produced it to her attorney in order to bring an action. She in her answers in chancery avows it to be a good bond. She leaves it in court for the inspection of the plaintiff, and at last attended at the trial, where it was read as evidence for her.

The only thing is how to bring it home to her, as to the knowledge of this bond being forged, and that can only arise from the general nature of the transaction, from the facts and circumstances arising from it; there are many inconsistencies indeed in her answers in chancery, as she gives different accounts of this Anna Maria Edwards .

In the first place, their producing the bond without making any demand upon the notes.

Those very letters appearing to be so gross and palpable a forgery, will not leave you in the least doubt but that she knew this bond and notes were not drawn by Mr. Bridge, &c. &c.

Mr. Hanley. My father was in the six-clerks office ( he produced a bond.) I found this is my father's bookcase; he was clerk in court in this cause of Bridge and Eddowes, about this bond.

Q. For which party?

Hanley. For the defendant Eddowes.

Q. Did you appear for her?

Hanley. I did. I acted as clerk in court for her on that cause. After my father's death I never attended myself with the prisoner, but my agent did in hearing the cause.

The bond read to this purport:

'' Know all men by these presents, that I Ralph Bridge of Kinderton, in the county palatine of Chester, gent. am held and fully bound to Anna Maria Edwards , of St. James's, in the county of Middlesex, widow, in a penal sum of two thousand pounds, of good and lawful money of Great-Britain, to be paid to the said Anna Maria Edwards , her attorney, executor, administrator, or assigns; for the true payment whereof I bind myself, my heirs, executors, administrators, and assigns, firmly by these presents Sealed with my seal the 9th day of March, in the 14th year of the reign of our sovereign lord George the 2 d, by the grace of God of Great-Britain, France, and Ireland, king, defender of the faith, and in the year of our Lord 1740.

The condition of this obligation is such, that if the above-bound Ralph Bridge, his heirs, executors, administrators, and assigns, shall and do well and truly pay, or cause to be paid to Anna Maria Edwards , her heirs, executors, administrators, and assigns, the full sum of one thousand pounds, of good and lawful money of Great-Britain, on the 29th of day of September next, with lawful interest for the same. Then this obligation to be void, or else to remain in full force and virtue. Sealed and delivered in the presence of

ANN MULDER , JANE KNIGHT .''

Thomas Mould . I am agent to the gentleman that has been examined.

Q. Did you attend on the behalf of the prisoner?

Mould. I did, at the issue at Westminster, in the court of King's-Bench, for which she paid me 13 s. and 4 d.

Q. What did you attend with?

Mould. With two bonds, three notes, and a letter or two, at her request; those exhibits that were left in the clerk of the court's hands.

Q. Where have they been since?

Mould. They have been kept in Mr. Hanley's hands or mine ever since. They were kept in his desk or bookcase.

Foster Powel . (He is shew'd the bond.) I believe I have seen this bond before.

Q. How long ago?

Powel. Two years ago. The prisoner applied to me to bring an action on this bond. I wrote to the gentleman or his attorney, but had no answer.

Q. Who had you it from?

Powel. I had it from the prisoner at the bar, in order to recover the money. She avow'd it as a bond, upon which the money was due.

Q. In whose name was you to bring the action?

Powel. I was to bring it in her name.

Q. How came you to decline it?

Powel. I heard Mr. Cooper (an officer of the King's-Bench) knew something of Mr. Bridge, so I waited on him with the bond, and I remember he said he doubted whether it was wrote by Mr. Bridge or not, so I deliver'd it and would not proceed.

Q. from prisoner. What was the reason you kept my affair in your hands two years and would not go on with it ?

Powel. A person came to me and desired me not to go on with it for my own reputation, so I did not like it.

Richard Guy . I am one of the examining clerks in the court of chancery.

Q. Did you ever attend the examination of this bond in the court of chancery?

Guy. I examined several witnesses upon it for the prisoner.

Q. Who was you employ'd by?

Guy. By the prisoner. Here is my certificate upon it (pointing to it.) The bond was in Mr. Hanley's hands for her; I mean the father to Mr. Hanley, who gave evidence here. He brought it to the examining clerk on the other side.

Q. Did she come at any time?

Guy. She came several times with witnesses, who were examined to it; they were to prove the hand-writing of this bond, in the cause, in the court of chancery.

Thomas Collison . (He produced the proceedings in the cause of Bridge and Eddowes.)

Q. What are you?

Collison. I am record keeper to Mr. Zinks, one of the six clerks.

The bill read in court.

Prisoner. I desire my last answer may be read; there was a mistake made by the attorney in the first.

It was read: The purport of which was, that she, the prisoner, insisted upon the bond as a real bond, and therein mention was made of three pomisory notes, all dated December 20, 1745, from Mr. Ralph Bridge to Anna Maria Edwards , one for 100 l. another 200 l. and the other 300 l. she insisted upon the 300 l. note as due to her, exclusive of the bond; and the other two notes she look'd upon to be part of the money included in the thousand pounds bond; and she believes Anna Maria Edwards , at the time of the notes being given, was in sufficient circumstances to lend a larger sum than the three sums there mention'd.

Q. to Powel. Do you remember having instructions from the prisoner to make this answer?

Powel. I don't remember I ever had myself, but my clerk, that was at that time, had; this answer is his hand-writing.

Q. Is he here?

Powel. No, he is not.

Q. Have you ever seen the prisoner write?

Powel. I have.

Q. Look upon her name to this answer, whose hand-writing do you take it to be ?

Powel. I am apt to think this name sign'd here is her own hand-writing.

Q. to Guy. Look upon this bill and answer, was it on this cause that you attended the examination of the bond?

Guy. It was.

Council. We have do ne with the proof of the publication, we shall now shew that the bond is not Mr. Bridge's hand-writing.

John Ellisle . I have known Mr. Ralph Bridge about seventeen years, and have had intercourse with him in the way of business.

Q. Are you acquainted with his hand-writing?

Ellisle. I am well acquainted with it; I have seen him write several times.

Q. Look upon this bond. (He looks on it.)

Ellisle. I have carefully look'd at it.

Q. Did you see the name Ralph Bridge at the bottom ?

Ellisle. I did. I don't believe it to be his hand-writing.

Q. Is it any thing like it?

Ellisle. It is very little like it, if any thing.

Q. Look into the body of the bond, the filling up of it.

Ellisle. I don't think any part of it to be his hand-writing.

Q. from prisoner. Look at this letter (producing one) is this his hand-writing?

Ellisle. (He looks at it.) This is more like his writing than the other, but I do not think this to be his hand-writing.

William Atkinson . I am clerk to Mr. Hoare the banker. I know Mr. Ralph Bridge's hand-writing. I have seen him write many a time.

Q. Did he keep cash with Mr. Hoare?

Atkinson. He did many years before he died. I have his name in the book, (producing a book. He turns to, and points to the name Ralph Bridge.) I saw him write this.

Q. How long did you know him before he died?

Atkinson. I knew him fifteen years. Here is a receipt which he signed when I paid him a sum of money (producing one.)

Q. Look upon the name Ralph Bridge at the bottom of the bond.

Atkinson. I do not believe this to be his hand-writing.

Q. What do you think of the filling up of the bond?

Atkinson. I verily believe that is not his hand-writing.

Q. from prisoner. Look on this letter, is this his hand-writing. (The same she produced to the last witness.)

Atkinson. No, I don't believe this to be his hand-writing. The jury compare the name in the book, the receipt and bond, together with the prisoner's letter.

Samuel Baldwin . I knew Mr. Ralph Bridge. I frequently saw him write.

Q. Look upon this bond.

Baldwin. I don't believe the name, nor any part of it is his hand-writing.

John Romans . I am clerk to Mr. Borroughs. (He produced four letters.) These were deliver'd to Mr. Borroughs, one of the masters in chancery, by Mr. Robert Bridge, in the cause of Bridge and Eddowes; these are all letters of the deceased Ralph Bridge's writing.

Q. to Atkinson. Look on those letters.

Atkinson. (He takes them in his hand.) I have had a great many letters from him; these are all of Mr. Ralph Bridge's hand-writing. The jury compare them with the bond.

Council. We have done as to the hand writing, now we shall shew he had no occasion to borrow this money.

Q. to Atkinson. Did Mr. Ralph Bridge keep cash with you?

Atkinson. From 1743 to 1747, in which he died, in March, we had nine thousand four hundred pounds, and had thirty-two East-India bonds of his, which we delivered to the executors. He lodged, when in town, within three doors of our shop, for many years. We always look'd upon him to be a man of fortune. There were three thousand two hundred pounds paid to his executors, which they signed our book for, after the will was proved.

Council. Now we shall give some account of this Anna Maria Edwards .

Mary Davis . I saw a woman that went by the name of Anna Maria Edwards in the prisoner's house, when she kept the bagnio in St. James's-Street; it is now call'd the Royal Bagnio. The first time I saw her there she was at the door with a mop and pail, in the nature of a servant.

Q. Did she appear to be worth one thousand pounds?

M. Davis. She seem'd as much able to lend 10 l. as I am, and I can lend none at all.

Q. Did you know Mrs. Ann Mulder ?

M. Davis. I did; she lodged in the upper part of the prisoner's house. I went up to her, and this Anna Maria Edwards went up to her, to fetch the foul plates down to wash.

Q. How did this Anna Maria appear as to her dress ?

M. Davis. She appeared very mean.

Q. In what circumstances was Mrs. Mulder?

M. Davis. She had two or three houses. She died in the year 1749, and never ran in debt; she received several hundreds of pounds while she lived in the prisoner's house.

Council. Now we'll shew in what situation of life this John Eddowes was, as it appears by the prisoner's answer she was executor to her brother.

Part of the first answer was read, wherein it appeared she claim'd upon her being executor to her brother John Eddowes , who, she says in her answer, was left executor to Anna Maria Edwards .

John Osgood . I knew John Eddowes , the brother of the prisoner at the bar, very well.

Q. Did you know him before the year 1746?

Osgood. I did.

Q. In what situation of life was he?

Osgood. He always went by the nickname of Cheshire, he being a Cheshire man. I well knew him and the prisoner in the Fleet.

Q. What was he?

Osgood. He was a follower to one Hunt a bailiff, several times before the year 1746.

Q. What are you?

Osgood. I belong to the sheriffs office.

Q. Did you ever know John Eddowes do any other sort of business?

Osgood. He work'd in my garden at Eason-Green as a labourer.

Q. What time was that?

Osgood. He work'd for me there on the 26th of August, 1746, and staid on and off till about November, 1748.

Q. What was he as to circumstances in life?

Osgood. He was a man in no circumstances at all. He went to Newgate upon an attachment for non-payment of 40 s. and there he died as I was told.

Q. Was you ever in company with him and the prisoner together?

Osgood. I was; while he work'd in my garden my servant was telling me that Cheshire had related that some body had died, and left him a good deal of money; so I had the curiosity of asking him how it was, and told him if I could be of service to him I would; said he, I can't tell, there is somebody dead that my sister can inform you of, and I should be obliged to you if you will go along with me to her, he not knowing who it was, or where they died. I went with him the 16th of October, 1747, to her in the Fleet Prison, I there had a good deal of conversation with her. She offer'd to put some proceedings in the court of Chancery into my hands, which I took with me, more out of curiosity than any thing else; and on the 19th of October I went to her again, when she acquainted me that one Anna Maria Edwards died (I believe abroad) and had made a will, and had appointed her brother John Eddowes her executor. What appear'd to me then was a bond of 500 l. upon one Ann Mulder . I never heard of a bond of a thousand pounds, or any thing of the kind at that time; that was all that I apprehended was then claimed by John Eddowes .

Q Did she mention any notes, or any thing about Mr. Bridge ?

Osgood. No, she made no mention of any such thing, she mention'd one Nevil. I was surprized at the demand, it was not satisfactory to me who this Anna Maria Edwards was. I observed to her, how is it consistent with reason, that a woman abroad should make such a silly fellow as John Eddowes executor. She said I can't account for my sex's conduct of that kind. John Eddowes would have been glad to have taken ten guineas for the 500 l. bond.

Prisoner. When that witness came to me about the time he says, he says I told him of this bond, I had not then that bond in my custody, nor did I come to it a great while after, but I heard there was a bond. Mr. Bridge told me he had signed his name to a bond, it was afterwards found in a book.

Osgood. I told her then it appear'd to me an idle story, and that she wanted to make her brother a cats paw.

Q. to Powel. Where did she produce this bond to you, in order for your demanding payment?

Powel. In Garden Court in the Temple.

Q. Is that in London or Middlesex?

Powel. That part I liv'd in is in Middlesex.

Prisoner's Defence.

I brought Sir Richard Grosvenor acquainted with this old Bridge; the Grosvenor's family are very honourable people, they were very generous to me till lately. There has been a combination against me, and they have misled the court and the jury. They hired a woman out of the Lying-in Hospital to swear this Anna Maria Edwards was a servant with a mop and a pail. Indeed I have used a mop and a pail myself, yet I think myself as good a woman as many. I should not think myself dishonour'd by washing a room. That poor creature was turn'd out of the hospital for perjuring herself in this cause; the creature forgot her story, they gave her too much gin, and I have too little of every thing. I have not a six penny piece left to pay a porter, much less to see council. I have been very troublesome to some gentlemen in the city, men of business, whose time is their bread, and I can't call them; it is seventeen years ago since this affair of old Bridge. I can't call witnesses to prove it now, and the two witnesses to the bond are dead. If I must die because I am poor, I can't help it.

Guilty of publishing it . Death .

286, 287, 288. (L.) Richard Tyers , Thomas Thornton , and George Swanwick , were indicted for stealing six bushels of sea coals, value 6 s. the goods of John Lloyd , and two hempen sacks, value 4 s. the property of John Klockenbrink , and (289.) John Low for receiving the same, well knowing them to have been stolen , July 14 .

James Bottomly . On Wednesday the 6th of July, in the morning about five o'clock, having a suspicion of Tyers, Thornton, and Swanwick, of stealing coals from my master, I watch'd them, and saw them come into a barge, and fill a sack with coals, which Tyers carried and pitch'd on a bench, a place we have on purpose to put them off upon carts. George Swanwick carried another out of the yard, I pursu'd him, but looking back to see if any of the others saw me, I saw Thornton bring up another sack, I pursu'd Swanwick to the prisoner John Low 's house, and being there before Thornton I hid myself in a gateway in Doctor's Commons, and saw him carry his sack into Low's house. Then I went home and call'd my master, and got a constable, and they were all taken up. Then we went to John Low 's house, and I told him what I had seen; he bid me look any where for the sacks, denying having received any coals. I look'd upon the coal heap, and there were coals newly shot. I said these are the coals that the men brought, and he did not say any thing to the contrary.

Q. How long was this after you saw the men carry coals there?

Bottomly. It was about three hours after. Coals that have been shot some time will look dry, these were very fresh, and they were of that particular sort that we had lost. I said I could very safely make my affidavit to them; his answer was, he knew nothing of it, he was not up at the time. The sacks were the property of John Klockenbrink .

Tyers's Defence.

We had some coals that we had kept for a week or better, which we had swept up on the wharf. I put them into a sack, and we went into the lighter to take a few more, and Mr. Low was so kind as to tell us if we had a handful of sweepings he would give us a pot or two of beer for them, so we took the liberty of taking a shovelful more.

Bottomly. I saw these men carry one sack empty into the barge, and fill it with coals there.

Low's Defence.

I know nothing of it.

For Swanwick.

John Crocket . I knew Swanwick from an infant; he is a hard working honest man; he has lived in good places, and behaved with great credit.

Nathaniel Ward . I have known him five years. He did business for me, and behaved honestly; I never heard to the contrary, but that he was an honest man.

Richard Jones . I have known him a dozen years; he is a very honest pains-taking man.

Thomas Owen . I have known him upwards of twenty years; I never heard a word of ill of him in my life.

Thomas Read . I have known him betwixt three and four years; he is a very honest industrious man.

Christopher Barnes . Swanwick has been a lodger in my house upwards of two years; he always bore the character of a very industrious hard working man.

Tyers, Thornton, and Swanwick, guilty 10 d.

Low acquitted .

Tyers, Thornton, and Swanwick, were a second time indicted for stealing six other bushels of sea coals, and two hempen sacks, to the value of 8 s. the property of John Klockenbrink , and John Low for receiving the same, knowing them to have been stolen .

No evidence appearing against them, they were all four acquitted .

Richard Tyers was a third time indicted for stealing four sacks of malt, value 15 s. the property of George Nelson , Esq ; and one hempen sack , the property of Henry Lane , and (290) William Low for receiving the same, knowing them to have been stolen .

John Klockenbrink . I took up Tyers and the two others that were tried with him.

Q. What is your business?

Klockenbrink. I am in the coal trade. This Curtice, an evidence here, being extremely affrighted when I took up the other three, went into the counting house, and confessed he had a hand in carrying a sack of malt to William Low 's house, in Cloth-Fair. All I know of my own knowledge is, I lost four sacks of malt, four bushels in a sack, the property of Mr. George Nelson .

Q Where do you live?

Klockenbrink. At Wheatsheaf-Wharf.

Edward Curtice . I work'd for the prosecutor; on Saturday night the 21st of May, Tyers bid me come early on Monday the 23d I went early down into the yard accordingly, and Tyers followed me with an empty sack. He went into the warehouse and call'd me to him, then we took a sack of malt and put it into an empty sack, sack and all. Then he ask'd me if I knew Cloth-Fair, I said no, then he said, do you know Paul's Wharf Hill, he bid me go up there, and make the best of my way up Duck-lane with it. I went, and when I came there with the sack of malt he stood leaning upon a post, at the corner of Smithfield. I ask'd him how much farther I was to carry it, he said but a little way, then he had me into Cloth Fair, to the house of Low the prisoner, a publick house, the White Hart; we went thro' the tap room, and up one pair of stairs, and pitched the malt in a passage, where I saw a malt mill fix'd against the wall; then we went both of us down stairs, and in a few minutes the prisoner Low came down stairs, and paid Tyers for the malt, but he said nothing to me; after this Tyers and he went backwards together.

Q. Do you know whether Low knew the malt was in his house.

Curtice. No, I do not.

Q. What consideration had you for carrying this malt?

Curtice. Tyers gave me either 3 s. and 8 d. or 4 s. and 2 d. I don't know which.

Q. Had you any liquor?

Curtice. We had two pots of two-penny.

Q. Did Low know what Tyers gave you?

Curtice. No, not as I know of; I know Tyers and Low were particular acquaintance.

Tyers Guilty .

Low Acquited .

[Tyers and Thornton:Transportation. See summary.]

[Swanwick:Whipping. See summary.]

291. (M.) John Jones was indicted for stealing one silk purse, value 6 d. and 3 foreign pieces of gold, call'd Portugal pieces, value 7 l. 4 s. the property of James Arrow , June 25 .

James Arrow . On the 24th of June I went out of town, and did not return till the 26th in the evening, which was on a Sunday; on the 27th I went into the compting-house for some papers, and I perceiv'd my desk broke open.

Q. What are you?

Arrow. I am a carpenter . The prisoner was my journeyman . I call'd the maid and inquir'd who she had seen in the compting house, she said she saw nobody there, then I ask'd all my men, and my apprentice, but they all deny'd it. I apply'd to a justice for a warrant to take them all up. I found when I came to talk with them, the prisoner at the bar contradicted himself two or three times, which gave me a strong suspicion he was the man; then I charged him home with it, and he confessed he took it, to me, and afterwards before the justice. I found the 3 l. 12 s and one 36 s. piece in a green purse like mine, but I can't swear it to be mine.

Q. How came you to find it?

Arrow. One Mr. Coleman came and told me he had received of the prisoner one 3 l. 12 s. and two 36 s. pieces in a green purse, that he had changed one of the 36 s. pieces for him, and brought me the others and purse. I always thought him a very orderly young fellow before this.

William Coleman . I am a publican; the prisoner left 7 l. 4 s. with me in Portugal money, and desired my wife would put it by for him. In a few days after I heard he was in confinement, which gave me a suspicion this money was not honestly come by. I went the next day and carried the money to his master, and gave an account of the prisoner's desiring me to change one of the 36 s. pieces.

Prisoner's Defence.

I know nothing of it, that money was remitted to me out of Ireland.

Guilty .

[Transportation. See summary.]

292. (M.) Christopher Jenks was indicted for stealing one linen bed quilt, value 3 s. one copper saucepan, value 2 s. 6 d. one copper tea kettle, one box-iron, one trevit, one bolster, one pair of sheets, one blanket, and one pair of harrateen window curtains, the goods of James Nixon , the same being in a certain lodging room, let by contract , &c. June 16 .

James Nixon . My wife let a lodging to the prisoner at the bar, with the things in the room that are mention'd in the indictment, my property; he was in it almost a year, and paid his rent, 2 s. per week, for better than half a year. He left the room, and did not return for about six weeks. I went into it, and missed the goods mention'd in the indictment. I took him up, and he acknowledg'd he had taken and pawn'd them, and went with me to five pawnbrokers, where they were

Clement Wakefield . I am a pawnbroker. One Lackston brought a bed quilt and pawn'd to me, which the prosecutor came and own'd

Ann Lack . The prisoner who took the bed quilt off the bed, were pawn'd it to this man.

Q. Did the prisoner know of her pawning it?

A. Lackson He by when she carried it out I had pawn'd it two or three times for them. The goods produced in court, and deposed for.

Prisoner. The last time it was pawn'd I had the money; I'll speak the truth, that is fair; I said when I got into work I'd fetch it out again.

Guilty .

[Transportation. See summary.]

293. (M.) Elizabeth, wife of Thomas Broughton , was indicted for stealing one linen shirt, value 5 s. the property of Thomas Green , May 1 .

Thomas Green. The prisoner was a chairwoman in my house, and a shirt of mine was missing three months ago. When she was charged with taking it I heard her own she took it out of a drawer, and carried it to a pawnbroker's on Snow-Hill.

Mary Green. I am wife to the prosecutor, the prisoner used to chair at our house. I missed one of my husband's shirts, and found it at Mr. Masters's, a pawnbroker, by the direction of Ann Hackney .

Ann Hackney . I am a poor woman. I wanted a woman to look after me when I lay-in, and the prisoner agreed to come to me for a fortnight. She ask'd me if I wanted a shirt for my husband, and said she had got a charming shirt in pawn for 3 s. and 6 d. She fetch'd it out, and I seeing there was T. G. upon it I would not buy it; then she carried it to another pawnbroker's, in the name of Elizabeth Ashmore , and was angry that she was forced to pawn it again, and said she lost 2 d. by it. I ask'd her where she had it. She said she took it out of a drawer at the prosecutor's house, so I went and told Mrs. Green.

Mr. Masters. My wife told me she took this shirt in of the prisoner (producing one) and Ann Hackney was with her.

Q. Where is your wife?

Masters. She is ill in bed and can't attend.

Mary Green. This shirt is my husband's property.

Prisoner's Defence.

I went into a passage as I was going for a pitcher of water, and there I saw something lying in a sheet of paper; I took it up, and in it was this shirt. I kept it about three weeks, and nobody owning it I went and pawn'd it.

To her Character.

Thomas Broughton . I have known the prisoner some time.

Q. What is her general character ?

Broughton. She used to have a good character. I never knew any harm of her. She work'd hard for her living.

Guilty .

[Transportation. See summary.]

294. (M.) Sarah wife of - Brett was indicted for stealing two bed quilts, value 5 s. five linen shirts, value 2 s. one linen sheet, four woollen window curtains, and one pewter tea pot , the goods of Mary Lake , widow , June 9 .

Mary Lake. Last Easter week I removed out of the city into Church-lane , the prisoner was an acquaintance of a woman that I rented the room of; she had been in that house for three days together, and had not a bit of bread to eat; I took pity on her, and let her come into my apartment, and rather than she should lie starving on the floor, I let her lie with me, and she was to pay me six pence a week; I was sent for out to nurse a woman at Rotherhithe, and was gone nine days; I came home the 9th of June, and then found my room was strip'd; I found my door open, and the things mention'd in the indictment were gone ( mentioning them.) I took the prisoner up, and she confessed she had stolen them all, and made away with them. I took her before Sir Samuel Gower , where she own'd the same, and told me where they were. I saw one of the bed quilts in the possession of William Stevens , but he would not let me have it, except I'd prosecute the prisoner, and now he tells me it is sold. I found the tea pot and other things in the possession of Mr. Jones, and they were deliver'd to me.

The prisoner wrote a paper and deliver'd it to me, giving an account of all the things, and what she had pawn'd them for.

Jane Jones . On the 27th of May the prisoner pawn'd a shirt with me for 8 d. May 30, two shirts for 10 d. May 31, a pewter tea pot; June 1, one bed quilt. Mary Lake saw these goods and own'd them all. (Produced in court and deposed to.)

Prisoner. I used to pawn goods for the prosecutrix.

Prosecutrix. Before ever she wrong'd me she did carry a camlet gown for me, and pawn'd it for twenty pence, I fetch'd it home again.

Q. Did you authorize her at any time to pawn any of these goods mention'd in the indictment?

Prosecutrix. No, never. I knew nothing of their being gone till I came home and miss'd them.

William Stevens . There was nothing pawn'd with me, I bought the bed quilt out of a pawnbroker's shop.

Q When?

Stevens. It might be about a week before the prosecutrix came and own'd it, I don't know the day of the month.

Q. How came you to buy it?

Stevens. Sarah Brett came and said her husband was gone to sea, and she was in distress; she said there were about 200 pieces in it, which she had mended by her own industry. I went with her to the pawnbroker, the pawnbroker told me she said it was her own property, and was pawn'd for eighteen pence. I took it out, and paid a half-penny for interest, and took it home; she followed me, and I gave her the remainder of the money for it, which I thought the full value for me to get a profit by it. I hung it out at the door to be sold, and had seven or eight customers after it; the same day a woman and I agreed for it, she gave three pence earnest, and was to fetch it, but before she did Mr. Stanley came with the prosecutrix, and she described it. I said if you will give me any proof that this is yours between this and Saturday, you shall have it. She call'd on the Friday, and wanted to have it. I said I could not let her have it, for the person that bought it was to come, which she did, and fetch'd it away that night; then the prosecutrix came with a search warrant, I told the constable it was gone, and they took me before Sir Samuel Gower .

John Stanley . I am a constable, and was charg'd with the prisoner. Stevens told us when we came there, he had sold the quilt for 3 s. I said as the prosecutrix is a poor woman, let her have it for half a crown; he said no, he would not under 3 s.

Prosecutrix. It was worth 10 s. they were not properly patches, but it was at first made of divers pieces.

Prisoner's Defence.

After I had taken the things I offered to make satisfaction for them.

Guilty, 10 d.

[Whipping. See summary.]

295. (M.) Mary Morris , spinster , was indicted for stealing one linen napkin, one linen handkerchief, two guineas, two half guineas, and 30 s. in money numbered, the property of William Everit , privately and secretly from his person , July 2 .

William Everit . I live in St. George's parish. I was coming from Spring Gardens, Vaux Hall, where I am a waiter , to go home, between three and five in the morning, on the 2d of July.

Q. Are you a married man?

Everit. I am. Coming thro' the gateway in Westminster into Old Tothill street , I call'd at the Angel alehouse. I met two or three watchmen, and gave them a pint of beer. I pull'd my purse out in order to pay for it, and the prisoner and two soldiers were sitting in a box in the same room; after that I went and sat down at the lower end of a table next to her. I had a pot or two of beer, they drank with me, and I pull'd out my purse again to pay for the beer; the prisoner had a great mind to take my purse then, but the landlord bid her keep her hands to herself; she put her hand towards it as it lay upon the table. I took my money up, the prisoner followed me out, and the landlord call'd after me, and said, knock that hussey on the head, for she'll rob you. I went on my way home, she came up to me, and I ask'd her what she wanted; she said my dear only to see you safe home. I desired her to go back again, but could not get rid of her. Then I cross'd the Broad-way to Dormant's hill, when she gave me a shove on the side and push'd me into a dirty way. I got my hand to my pocket, and said, hussey if you take any thing from me, expect what will follow; she said she never did such a thing to any man in her life, then put her hand under my armpit, and pull'd me close to her. I shoved her from me, and put my hand in my pocket, and my money was gone.

Q. Did you observe her hand in your pocket?

Everit. No, I did not.

Q. Can you swear you had it when you went out of the house?

Everit. I can very safely swear I had.

Q. Was you drunk or sober?

Everit. I was very able to walk without any support; I knew every word that was spoke to me, and what I said to her.

Q. What did you say to her when you missed your money?

Everit. I said you have rob'd me. She made use of a very bad word, concerning her eyes, and said she never touch'd a farthing.

Q. What time of the day was this?

Everit. This was about five in the morning.

Q. Did you see any people about?

Everit. Yes, people were going to work.

Q. Did you call any body to your assistance?

Everit. No.

Q. Why so ?

Everit. Because my wife being big with-child I was afraid of giving her uneasiness.

Q. Did you know the prisoner before?

Everit. No; I never saw her in my life before.

Q. Did you ever meet with your money or purse again?

Everit. No.

Q. What did you do with the prisoner?

Everit. She promised to go back with me to the man's house where we came from. When I was for going she insisted upon going through the street that I lived in, but I did not chuse that.

Q. Why so?

Everit. Because people were up and would see us.

Acquitted .

296. (L.) Ann Taylor , spinster , was indicted for stealing one child's linen frock, value 4 d. two linen handkerchiefs, value 5 d. one lawn cap, one flannel petticoat, and one pair of child's shoes , the goods of John Southal , May 28 .

John Southal . I am a poor working man, and my wife works with me at the same business as I do. The prisoner work'd for me for 3 s. and 6 d. per week. On the 8th of May, at night, I missed the things mention'd in the indictment (mentioning them by name.) I followed her to her father's house, and call'd in another voice. She ask'd at the window who was there. I said, John Southal . Her father said she had not been there. Then I got into the house, and on my calling the watchman and constable she appear'd, surrender'd herself, and acknowledged taking the things, but would not tell us where they were. She was taken to Clerkenwell-Bridewell, and the next day before justice Chamber-lane at Islington, where she confessed every thing, and how she took the things from me; the things were found and brought to the justice's house.

Q. Where were they found?

Southal. I can't tell that, her mother brought them.

William Riley , The constable going out, he desired me to go and take the prisoner from Bridewell to the justice's. I went and did accordingly. ( goods produced.) Her mother brought these things to the justice's. I heard the prisoner acknowledge she took them from the prosecutor's house.

Prosecutor. These things produced here are my property.

Q. to Riley. What did the prosecutor charge her with?

Riley. With taking the things from out of his house.

Prisoner's Defence.

I liv'd servant with the prosecutor, to take care of three children, himself and his wife. After I had been there a week or a fortnight, I had one night forgot to wash that frock. I lay at my father's house, and took the frock with me to wash along with some things of mine, as I had used to do. He came and ask'd me for the things, I told him I had them; he said he would not have them, so I sent them to his house; he sent them back again, and said he would not make it up without being paid for his time. I ask'd him how much he expected, he said 12 s. and 6 d.

Q. to prosecutor. Did you want to make it up?

Prosecutor. I said I would not make it up without being paid for my time.

Acquitted .

John Wetheral , capitally convicted in February, 1756, received his majesty's most gracious pardon, on condition of being transported for seven years .

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

Received sentence of Death 5.

William Hadley, Stephen Harding, James Wales , John Pritchard , and Eleanor Eddowes .

Transported for fourteen Years 1.

John Graham , otherwise Grimes.

Transported for seven Years 19.

James Bedwell , Henry Green, Miles Kelly , Henry Wilson , Richard Tyres , Thomas Thornton , Mary Jeffreys , Diana Peirson , John Jones , Ann Wall, Joseph Tapper , Esther Palmer , James Ashton , Sarah Maddison , Christopher Jenks , Elizabeth Broughton , William Higginson , Elizabeth Johnson , and Edward Duffin .

To be whip'd 3.

George Swanwick , Mary Sefton , and Sarah Brett .

To be Branded 1.

Mary Sellers .

Charles Steward to stand on the pillory one hour, to be confined in Newgate for the space of one year, and find such security as shall be satisfactory to my Lord-mayor for his good behaviour for two years after that.

John Wetheral , capitally convicted in February, 1756, received his majesty's most gracious pardon, on condition of being transported for seven years .

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