Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 27 November 2014), September 1757 (17570914).

Old Bailey Proceedings, 14th September 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 14th, Thursday the 15th, Friday the 16th, Saturday the 17th, and Monday the 19th of SEPTEMBER.

In the Thirty-first Year of His MAJESTY's Reign, NUMBER VII, for the YEAR 1757. Being the Seventh 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; Mayor of the said City; * Sir Thomas Dennison , Knt. one of the Justices of the Court of King's-Bench; + Sir Richard Adams , Knt. one of the Barons of the Exchequer; || Sir William Moreton , Knt. Recorder ++ and others his Majesty's Justices of Gaol Delivery for the said City and County.

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

London Jury.

John Watts

John Hall

John Child

Nathaniel Hill

William Raiment

George Coulton

James Miller

William Merryweather

John Seymore

John Downs

John Lewis

Daniel Wiltshire

Middlesex Jury.

John Barlow

John Gilbert

Cornelius Vanderstop

Benjamin Coates

William Townsend

Henry Russel

Jason Harris

Alexander Schollar

Robert Morgan

Thomas Evans

John Spencer

William Cabit

John Barlow was taken ill, and John Jackson was sworn in his stead.

297. (L.) William Grimstead was indicted for stealing one woollen tilt for a boat, value 30 s. the property of William Turpin , August 15 . ++

William Turpin . I can only swear to the tilt being my property; there is my name upon it at length.

Thomas Simkins . I am servant to the prosecutor, who is a waterman ; I put his tilt into the crane-house on the Custom-house Keys , on the 14th of August The next morning I was sent for, and saw it in the watch-house; the prisoner was also there, in custody.

Thomas Woodward . On the 15th of last month, about two in the morning, I met the prisoner with the tilt upon his shoulder; I asked him what he had got there. He said it was a tilt belonging to Mr. Norman at Execution-Dock, where he work'd. I took him and that to the watch-house, and looking upon it I found it belong'd to the prosecutor. (Produced in court, and deposed to by the prosecutor and Simkins.)

Prisoner's Defence.

I am a fellowship porter . I went to do a chare for myself, and in the necessary house, belonging to the Customhouse, I found this tilt; there being nobody by I took it to carry home. Guilty .

[Transportation. See summary.]

298, 299. (L.) Margaret More and Mary Ann Eyles , spinsters , were indicted for stealing one pair of silver shoe buckles, value 4 s. one pair of silver knee buckles, value 1 s. 6 d. one pair of silver sleeve buttons set with Bristol stones, and 4 shillings in money number'd , the property of Peter Williams , July 25 . +

Peter Williams . I am a clerk in the secretary's office at the Custom-house . On the 25th of July, in the morning early, I was asleep in the street near Saltpetre-bank , being much in liquor and had miss'd my way. When I awaked I miss'd my silver shoe and knee buckles, a pair of silver sleeve buttons set with Bristol stones, and some money. Eyles confessed her taking four shillings. I had more, but don't know how much.

Ann Dyer . I got up about three o'clock that morning to go to my brother at Law's house, his name is Boswell. I saw the prosecutor in the street asleep, and two women by him. When I returned there were the two prisoners and one Mary Steward by him, who is not taken. I saw Eyles take his silver buckles out of his shoes, and More one buckle from his knee, and Steward took the other knee buckle. I said, are you not ashamed to serve the man so. Then they said if I did not take something I should go as far as they; so I took one of his sleeve buttons out, and gave it to More. Then Ann Eyles took four shillings out of his pocket. There was one Atkins by who saw it, and call'd out stop thief, so got Mary Ann Eyles secured.

William Atkins . I was there and saw Mary Ann Eyles with her hand in the prosecutor's pocket, as he was asleep.

Thomas Jeffs . I am constable for White-Chapel, and had the prisoner Eyles delivered into my charge, I took her before Sir Samuel Gower , and she was committed.

Eyles's Defence.

I saw Ann Dyer take the buttons out of his sleeves; there was another woman that gave me the buckles and ran away. When I saw that, I threw them away.

Both acquitted .

300. (M.) John Bradbury , otherwise Bradley , was indicted for that he in a certain field or open place, near the king's highway, on William Stile did make an assault, putting him in corporal fear and danger of his life, and taking from his person 6 s. his property , Aug. 26 . +

William Stile .

Q. How old are you?

Stile. I am thirteen years of age .

Q. Do you know the nature of an oath ?

Stile. I do.

Q. Suppose you were to forswear yourself in accusing the prisoner of a felony, what would become of you ?

Stile. I should be d - 'd.

Q. Where do you live?

Stile. I belong to Christ's-Hospital; I am in the school there .

Q. Can you read your Bible ?

Stile. I can, very well.

Court. Give an account of what happen'd to you, and be sure say nothing but what is truth.

Stile. I had been to my father's house at Charlton. Returning on the 26th of August to Christ's-Hospital, a little after three in the afternoon I met the prisoner at the bar.

Q. Had you leave to go and visit your father ?

Stile. I had.

Q. Where did you meet the prisoner?

Stile. Between Twickenham and Isteworth, in a little narrow lane , He ask'd me whether I had been to see my friends.

Q. What is the prisoner?

Stile. He is a tinker .

Q. How do you know that?

Stile. By his budget and blackness. He had a bluish coat on.

Q. Did he meet or overtake you?

Stile. He first past by me, after that he went round and met me another way.

Q. What answer did you make him ?

Stile. I said yes. He ask'd me what money they gave me. I told him none. He said I should never come so far without my friends giving me some money. Then he search'd my pockets. Finding nothing there he pull'd off my shoes, and in one of them I had put six shillings, which he took.

Q. Did you tell him where it was?

Stile. No, I did not. He said if I made any noise he would kill me. Then he ran away towards the Thames. I ran home to the hospital as fast as I could, and told a man in Isleworth fields of what had happen'd, but don't know who it was. I have three brothers that live in London. I told one of them of this robbery (he lives in Aldermanbury, an apprentice to a chair carver) the same night. He went on the Saturday night to my father's house, and, as he told me, gave him a description of the person that had rob'd me. After which my brother came and fetch'd me from London. I went, and they had taken the prisoner up, I saw him, and knew him to be the same man that had rob'd me.

Q. Who took up the prisoner?

Stile. My brother that lives with a farmer at Walton.

Q. Where did you see him?

Stile. I saw him at Moulsey.

Q. How was he dressed ?

Stile. He was dressed just the same as now, with a blue patch'd coat on, and a long brown stick.

Q. In what capacity is your brother at Walton?

Stile. He lives with a farmer there.

Q. How came you by this money?

Stile. My father gave me a shilling, my mother another, my cousin Stile, who is a farmer just by my father, gave me a shilling: my cousin Lenton, at Sunbury-Green, gave me a shilling; madam Brest gave me a shilling, and my cousin Spencer, at Hampton-Court, gave me a shilling.

Q. Had not you talk'd something to the man that your friends had given you some money?

Stile. No, I did not.

Q. Where was he committed to?

Stile. He was committed to Kingston Gaol.

Isaac Stile . I live at Charlton, in the parish of Sunbury; I am father to the lad. My son came to my house on the Thursday, and return'd on the Friday, the day he was rob'd.

Q. Have you more sons than this?

I. Stile. I have three sons in London. One of them, who is an apprentice to a chair carver in Aldermanbury, told me this had been rob'd coming to town, and described what sort of a man it was that rob'd him. My other son took the prisoner as he was begging in Walton church-yard. Then I went and fetch'd this witness from London, to see if it was the person that rob'd him. As soon as he saw him he said it was the same man; we took him to Kingston, to Mr. Rowl, and he committed him.

Q. Do you know of any money he had?

I. Stile. My wife and I gave him a shilling each, my landlord's mother gave him a shilling, a farmer his nephew gave him a shilling, a butcher (named Spencer, who married my niece) gave him a shilling, and a relation that keeps the sign of the George gave him a shilling.

Q. Did you see where he put it?

I. Stile. He put it in his pocket, I believe.

Q. Do you know any thing of his putting it in his shoe?

I. Stile. No, I did not, till he told me he had put it there.

Thomas Bliss . I am a constable. I was charged with the prisoner, and took him before justice Rowl. The boy said the same there as here. The tinker could not contradict it, but was in different stories, as to where he had been the day of the robbery.

Prisoner's Defence.

I never saw the lad in my life, till I saw him at Moulsey. I am a piece of a brasier, and go from farm house to farm house, to mend brass saucepans and such things .

Guilty , Death .

301. (M.) Elizabeth, wife of Humphry Burton , was indicted for stealing one bolster, value 6 d. two linen sheets, value 1 s. one iron pottage pot, value 9 d. and one pair of bellows, value 6 d. the goods of Edward Smith , the same being in a certain lodging room let by contract, &c . September 2 . +

Guilty, 10 d .

[Whipping. See summary.]

302. (M.) Susannah Fifield , spinster , was indicted for stealing three linen sheets, one copper saucepan, one copper coffee pot, one china punch bowl, five china coffee cups, four linen aprons, one linen frock, twelve linen clouts, one woollen blanket, one linen bed gown, one linen waistcoat, two brass candlesticks, one mahogany waiter, two silver spoons, one pair of silver tea tongs, one quilted petticoat, three linen napkins, and one pair of thread stockings , the goods of Charles Sqursefigi , August 12 . +

Mary Sqursefigi . I am wife to Charles Sqursefigi . We live in Cock Court, Broad Saint Giles's . I went out on the 23d of June and left the prisoner in care of my little child, and returned the 9th of August; the next day she brought a tablecloth of another person to be used at table. I ask'd her why she did not bring one of our own. She said she had put them in pawn, having no money, and had been to a relation of mine and could get none. I left her two guineas when I went out. She was to have seven shillings per week, and my brother deliver'd to her eleven shillings. I looked about and missed several things. Two days after I sent her to my lady Cardagan's with a bill.

Q. What is your business?

M. Spursefigi. I am a mantuamaker . She got up about five in the morning and went away. I then missed two table spoons and a pair of tea tongs. She left me a letter on the table, in which she told me she intended to leave London. I found the spoons and tea tongs afterwards at a pawnbroker's shop. When I took her up she confessed she took them, and told me where she had pawn'd them.

David Squires . I live at the corner of Crown-Court, and the prisoner pledg'd the china mention'd in the indictment with me. (Produced in court, and deposed to by the prosecutrix.)

Francis Parry . I live in Shepherd-street, Hanover-square, and am a pawnbroker; the prisoner brought these two silver spoons and tea tongs to me to pawn, on which I lent her sixteen or eighteen shillings. She gave in her name Ann Elliot . (Produced in court, and deposed to by the prosecutrix.)

There were many other witnesses, such as pawnbrokers, &c. to be examined, but the court thought it unnecessary to examine them all.

Prisoner's Defence.

I did not take them with an intent to steal them; she has them again.

Guilty .

[Transportation. See summary.]

303. (M.) Martha Dobbin , otherwise Carter , widow , was indicted for stealing five linen sheets, value 30 s. one pair of silver buckles, value 12 s. one silver watch with two silver seals, value 3 l. two linen sheets, five pair of thread stockings, one pair of worstead stockings, one pair of shag breeches, one pair of buckskin breeches, and one copper pot, the goods of William Saunders , in the dwelling-house of the said William , May 3 . ||

William Saunders . I live in Gilbert-street, Bloomsbury . I had all the goods mention'd in the indictment, except the copper pot, on Sunday night, and I missed them the Tuesday morning after, being the 3d of May; they were all kept in a chest of drawers and the copper pot was in the kitchen.

Q. How came you to suspect the prisoner ?

Saunders. I had a bill upon my door to lett a room. The prisoner came and ask'd me if I had a lodging I said, if she would call the next week it. She came the next week, and my little boy and I were both ill in bed, who said we should be lost for want of somebody to take care of us; I said, I had nobody that I could trust, so I let her come into the house to look after us.

Q. Did you know her before ?

Saunders. I never saw her before she came to enquire after the lodging.

Q. What was you to pay her per week?

Saunders. I paid her half a crown per week.

Q. How long was you sick?

Saunders. Between a month and five weeks. In the time she was with me I lost four shirts, mark'd W. F. one mark'd George Ward , two of my little boy's, a shift of my little girl's, a pair of silver buckles, mark'd W. F. a watch-with two silver seals, a pair of sheets, a pair of cotton stockings, five pair of thread stockings, a pair of shag breeches, a pair of buckskin breeches, and a copper pot. I had wound my watch up and put it in my pocket, and my breeches under my head, on the Monday night, and in the morning my breeches were gone. Then I looked about and missed the other things. She was gone and I never saw her since, till Tuesday was se'n-night.

Q. Was she in the house when you went to bed over night?

Saunders. She was in the room after I was in bed. I had taken a sweat that night.

Q. Did she lodge in your house?

Saunders. No; she used to go to her lodgings abroad. She had set up with us six nights, when we were very ill, and used to lock us in and put the key under the door. About two days after I found the shag breeches at Mr. Robert Hull 's house, and a shirt at a house the corner of Lumber-Court, near the Seven-Dials. I found the copper pot and one silver seal. ( Produced in court, and deposed to) I getting intelligence of the prisoner's being at the house of one Dobson, got a warrant and went there, where the people told me she was gone in the country that morning; but on the Tuesday after the constable took her, when she began to blaspheme and make a great noise, but I had found all these things but the seal before.

Q. Did she confess any thing?

Saunders. No, she did not.

Robert Wilson . I keep a publick house in Gray's-Inn-Lane; the prisoner gave me this seal to keep some time in June, and said she was going into the country.

Mary Ansel . The prisoner pawn'd this copper pot with me on the 21st of May, in the evening.

Robert Hull . The prisoner brought these breeches to me; the prosecutor came and described them, and I deliver'd them to him.

Prisoner's Defence.

I went to take a lodging of the prosecutor, and he did not chuse to take me in as a lodger, but as a housekeeper and companion; he and his child being sick, I pawn'd my linen gown to support them. After that he brings home his lawful wife, dressed in green. The child met me in the street and said, my mamma is come home, so I did not think proper to go to the house again. I never received a halfpenny of him, but one single shilling for the child and me to take pleasure in a walk to Hampstead. I went to Covent Garden and met with an acquaintance of mine, who ask'd me how I liked my old man. I told him I was afraid his wife would send me to Bridewell, and was come away. I had that seal above five years.

Q. to prosecutor. What are you?

Prosecutor. I am a cobler, and live under the Blue-Lion, at the corner of Gray's-Inn passage.

For the Prisoner.

Catherine Evans . I have known the prisoner three years; I never heard she bore a bad character, only what I have heard about this affair.

Q. When did you see her last?

C. Evans. I had not seen her for five months last past.

Michael Connel . I live in Leadenhall-Market, and have known the prisoner some years; I know no ill of her, except this affair.

John Evans . I have known her two years. She has a very good character. I will speak as much as she deserves: I know no ill of her, till this affair.

Acquitted .

304. (M.) Jonathan Price was indicted for stealing one cloth coat, value 20 s. and one sattin waistcoat, value 10 s. the goods of William Parks , July 19 . ||

William Parks . I live in Portugal-street . On the 19th of July I was at work, and sent my servant William Davis for a tray; he call'd out stop thief, and I went out; then he brought the prisoner in, and my coat and waistcoat, which had been lying in a room backwards just before (produced in court and deposed to.)

William Davis . I was coming up out of the cellar, and saw the prisoner go thro' the shop with some thing under his arm. I call'd out, and ran after and stop'd him. I saw him drop the coat and waistcoat, I brought him back, and somebody took up the cloaths, and brought them back also. He was not out of my sight till I took him.

Henry Corp . I saw the prisoner drop the coat and waistcoat as he was running. I took them up, and delivered them to the prosecutor.

Prisoner's Defence.

I know nothing of it.

Guilty .

[Branding. See summary.]

305. (M.) Mary Felton , spinster , was indicted for stealing one silk scarf, value 1 s. one muslin hood, value 1 s. one pair of muslin ruffles, one silk gown, two linen shifts, and eight guineas in money , the goods of George Marser , August 28 . +

Mary Marser . I live in New Court, Cary-street . I took the prisoner as my servant , and she had been with me but three days before I was rob'd.

Q. How long ago?

M. Marser. I believe it may be about three weeks ago; only my husband lives with me, and he is out of his mind. The prisoner desired me to pay her her wages, saying she would not stay, and after she was gone I found a door on my ground floor broke open, as also a trunk broke open, and missed all the things mention'd in the indictment.

John Wilson . I am a constable. On the 30th of August the prosecutrix sent for me, I went, and she told me she had been rob'd by the prisoner; the prisoner was brought to me by Elizabeth Miles . I took her into custody. She confess'd she had stole eight guineas, but had spent some of it, and if I would go behind the Alms-houses I should find some of it conceal'd in a knife box. I lock'd her up, and found four guineas in a knife box as she had said, and in a bed 8 s. 6 d. in silver, and seven pence half penny. I found in that room a muslin hood and a silk scarf. We took her to justice Fielding's, and she acknowledg'd the money to be the property of her mistress there, and also before. The silk gown and two shifts the prisoner's grandmother brought to us after the prisoner was in custody.

Elizabeth Miles . I found the prisoner in Hog-lane at the Alms-houses, and brought her to the constable at the Round-house. I saw this silk gown in her box after she came home to her grandmother.

Prisoner's Defence.

I took no more than what is here.

Guilty .

[Transportation. See summary.]

306. (M.) Bartholomew Godfield was indicted for stealing one silver watch, value 3 l one cloth coat, value 20 s. one stuff damask waistcoat, value 10 s. the goods of Nathaniel Stainton , in the dwelling house of Edward Scandret , August 6 . +

Nathaniel Stainton . I lodge in Clement's lane , at the house of Edward Scandret ; the prisoner lodg'd and lay with me in the same bed, and had about seven nights. I am a carpenter . He told us he taught the French language . I never saw him before he came to lodge with me. On the 6th of August, in the morning betwixt four and five I awak'd, and miss'd my watch out of my fob, and a coat and waistcoat out of my chest. My landlord ran out at the gate, and found a shirt of mine on the ground; then my landlord went to the man where he lodg'd before, and told him the case, and he took him with the watch in his pocket.

Thomas Wills . The prisoner had lodg'd with me before he went to lodge with the prosecutor. I met with him in the street, and took him with the prosecutor's watch in his pocket, which he deliver'd to me, (produced in court, and deposed to by the prosecutor.) He own'd before justice Fielding where he had sold the coat and waistcoat in the Minories, where I found them, ( produced in court and deposed by the prosecutor.)

David Coleman . I live in the Minories, and bought this coat and waistcoat of a man like the prisoner, I think it is he, but can't swear to him.

Joyce Scandret . The robbery was committed in my house. The prisoner and prosecutor lay together. I let in the prisoner at about eleven o'clock, and heard no more of them till before five, when the prosecutor told us he had been rob'd; he then was very ill of a fever, but the prisoner was gone out. I heard him go out. He was taken about three hours after, and I was at the fetching the cloaths from the Minories.

Prisoner's Defence.

I am no guilty, no body can swear they saw me take a de tings.

Guilty , Death .

307, 308. (M.) Daniel Lee and Charles Hails were indicted for stealing 16 l. 16 s. in pieces of Foreign and English gold coin, the money of Nicholas Coine , in the dwelling house of James Pratt , July 18 . +

Nicholas Coine . I lodge upon Tower-Hill , at the house of James Pratt . I lost to the amount of sixteen guineas, on the 18th of July last, it was in a box not lock'd, but the door of my room was lock'd, which I found broke open.

Q. What are you?

Coine. I am a porter .

Q. What pieces of coin?

Coine. Both English and Foreign. A two guinea piece, and Portugal money, I can't justly say what; it was in a closet in a box, 29 l. all but 4 s. they did not take it all, I only know by what remain'd, what they took, but can't mention the pieces missing. Daniel Lee was at work in the house where I live, and the other prisoner turn'd the wheel for him, in polishing something in the gunsmith way. I suspected them. I got a warrant for them, and took up Lee the next day. I found upon him 1 l. 18 s. 5 d. which he confess'd to be part of my money. I took up Hails in Drury-lane, but he did not confess any thing. He had 7 s. and some half pence about him.

Elizabeth Pratt . I am wife to James Pratt , the prosecutor lodged in my two pair of stairs room, and the master of Daniel Lee , named Padget, had the upper part of my house. Daniel Lee had lodg'd with me four months. He came to my house on the 18th day of July, Hails came with him, and they went into the garret as I thought to work; they staid there about half an hour. Daniel Lee came down to me on the ground floor, and staid with me about a quarter of an hour, then he went up again, and might stay there about a quarter of an hour, then they both came down. I am a little deaf, and Lee kept me in discourse, so that if Hails came down to the prosecutor's room, I could not hear him. Charles Hails swore d - n his soul when he came in he would have money before he went out of the house, which I understood to be by working and earning it; they had work'd together about a fortnight.

Joseph Jenour . Mr. Coine brought me a warrant, I being a constable; I took Lee in Golden-Lane, that is all I know.

Lee's Defence.

I know nothing of it.

Hails's Defence.

I had work'd with Lee about a fortnight that day I was in the house. Lee owes me money, and I said I would have money before I went out of the house; that was at going out, not coming in.

Lee guilty, 1 l. 18 s. 5 d .

Hails acquitted .

[Transportation. See summary.]

309. (M.) William Mooring , otherwise Gray , was indicted for stealing 50 lb. weight of lead, value 5 s. the property of Christopher Domonick , Esq; the same being fix'd to a certain dwelling-house, &c . July 21 . +

Guilty .

[Transportation. See summary.]

310. (M.) William Gilford was indicted for stealing 61 lb. weight of lead, value 8 s. the property of John Adams , fix'd to a certain dwelling-house, &c . August 4 . ||

Guilty .

[Transportation. See summary.]

311. (M.) John Smith was indicted for stealing eighty pounds weight of iron, value 10 s. the property of Samuel Butler and Richard Budworth , August 29 .

Samuel Butler . This iron (a crane of a chariot) is my partner's and my property. I know nothing of the prisoner's stealing it from me, but by his confessing to me in New-Prison that he stole it from my shop, and sold it for 3 s. and 6 d. and a pot of beer, to one Backhouse.

Q. What are you?

Butler. I am a coach-maker . I have the fellow to it at home.

William Baker . On the 29th of August, about a quarter after six o'clock, I met the prisoner with this crane, near Holbourn-Bars, about a quarter of a mile from Butler's house.

The prisoner had nothing to say in his defence.

Guilty .

[Transportation. See summary.]

312, 313. John Long was indicted for stealing one chesnut gelding, value 14 l. the property of Edward Alington and Barnard Dew , August the 8th and Robert Gay for receiving the same, well knowing it to have been stolen .

Edward Alington . Long used to help in a stable , that captain Clark rents of me. I am a stable-keeper . He used to ride a chesnut gelding in the ride, the property of Barnard Dew and me. I bid him ride him there on the 5th of August. He took him out and rode him and I never saw him after, till he was taken and carried before justice St. Lawrence, about a fortnight after. I sent Richard Pacey before the prisoner had been gone ten minutes to call him back, but he returned and said he could not see him. I found the horse on the 8th of August in Mr. Gay's possession, in his stable. I told him he was our property, and I would take him home. He said, let him alone. I went the next day and took witnesses with me, and he would not deliver him without I'd pay him eight pounds, five shillings, which he said he paid for him to Long, and said he could sell him for fifteen pounds or fifteen guineas, which he was bid for him, and he had no occasion to let me have him without I'd pay him that money.

Cross Examination.

Q. Did Gay say he bought him for himself, or his master Mr. Cook?

Alington. He did not tell me who he bought him for.

Q. Who took Long up?

Alington. Gay did.

Q. To what purpose did you order Long to ride your horse?

Alington. To settle his legs.

Q. Did you never say to any body that you sent him out in order to sell him?

Alington. No, never; he never bought nor sold for me in his life.

Q. What did Long say before the justice?

Alington. He said he had done a bad thing and must answer for it.

Barnard Dew . I bought this horse the 3d of May, which was sometimes in my stable and sometimes in my partner's. We live two miles distance. About the middle of May Gay bid me ten pounds for him twice. He is a very remarkable horse, chesnut colour, a white fundament, and pidgeon eyed.

Cross Examination.

Q. Is it usual for helpers to sell horses for their masters?

Dew. We do order grooms so to do sometimes, but never helpers.

Richard Pacey . I am coachman to my Lord Mayhew, and our horses stand at Alington's stables. Long used to be a helper there sometimes. I saw him ride this chesnut horse in the ride. Mr. Alington ordered him to ride up and down Queen-street on the 8th of August He did not come back with him. I was sent to look after him in about fifteen minutes, but I could not find him.

Cross Examination.

Q. Are not helpers frequently employ'd to buy and sell horses?

Pacey. I never knew it.

John Grafton . I am servant to captain Clark. John Long brought the horse out of the stable to ride him, I can't say the day. He desired me to fetch a whip out of the stable. I did, and help'd him on the horse. He rode him once or twice up the ride. I did not see him afterwards.

Q from prisoner to Alington. Did not you lend me a pair of spurs to ride him?

Alington. I did.

Gay's Defence.

I saw Long going out with the horse; he said he was going to sell him, and if I had a mind to buy him, he'd set the lowest price, which was 8 l. and if I did not buy him, he would be sold in Smithfield for that money. He said he belong'd to a gentleman's servant. So I bought him for 8 l. and gave Long a crown for himself.

Joshua Murphy . I keep a publick house. Mr. Alington call'd upon me, and told me the man that used to ride for him had rode away with a horse of his, and had told him, and ask'd me whether it was a fraud or not. I told him I thought it was not a fraud nor a felony.

Q. Did you hear him say he had trusted that man to sell him?

Murphy. No.

William Henry Cook . Gay was my servant since the fifth of March, I have known him six or seven years, he behaved just and honest. I trusted him to buy and sell horses for me. I seldom go to market myself, as I have other employment. If he hears of a horse he comes and tells me of him; sometimes he gives earnest first, sometimes he buys and never comes to inform me of it before-hand. This horse was bought for me.

Q. Did he acquaint you before-hand of such a horse to be sold?

Cook. No. I had seen the horse before he bought him. I paid seven guineas myself to Long for him, he brought him to me about twelve o'clock on the Friday, and I sent Gay to Smithfield to sell him about five that afternoon.

Q. Where had you seen the horse before?

Cook. At Mr. Dew's stables. I knew Long had been employ'd to sell horses for other people, for one William Compton in particular.

Q. Did you ask Long who he sold the horse for, or whether it was his own ?

Cook. No. I did neither. When I bid 10 l. for the horse I did not know that he was broken knee'd, and as he is, I think I gave full too dear for him

Q. Has Gay any profit in your horses he buys?

Cook. I give him 9 s. per week, and 5 s. per horse he buys.

Thomas Rayne . I am a dealer in horses, I saw the horse yesterday morning, I think the price given for him is as much as he will fetch in any market; I would not give above eight guineas for him the best time of the year.

Joseph Holding . William Henry Cook has been my servant six years. I am a tobacco merchant. He has thousands of pounds in his hands of mine every day untold. I look upon him to be strictly honest. I know Gay, he liv'd with me four years ago; he used to come to my house almost every day, to Mr. Cook. The lad is one of the soberest to be found in the stables, he'll not drink nor swear, and has a very good character.

Long Guilty , Death .

Gay Acquitted .

314. (L.) Jacob Openham was indicted for stealing one silk handkerchief, value 6 d. the property of John Bently . ++

John Bently . On the 10th of August I was looking thro' the iron rails on London Bridge . I catch'd the prisoner as he was standing by me putting my handkerchief into his own pocket. I charged him with it, he fell down on his knees, and ask'd my pardon. (The handkerchief produced in court.)

Prisoner's Defence.

I found it on the ground.

Prosecutor. I felt him pulling it out. My pocket was turn'd inside out.

Guilty .

[Transportation. See summary.]

315. John Morris was indicted for stealing two quarts of lamp oil, value 14 d. the property of William and John Richards , May 20 .

To which he pleaded guilty , and was branded immediately .

316. (M.) John Weller was indicted for receiving the said lamp oil, knowing it to have been stolen by Morris . +

William Richards . My brother John and I are partners. I live in Carnaby Market, I am a tin plate worker and lamp lighter . I have of late lost several quantities of oil. I suspected some of my servants. On the 16th of July my servant Richard Parks told me he had found a pot with six quarts of oil conceal'd, which he suspected was with an intent to be taken away. I ordered him to watch who took it, but it was taken away without his seeing the person. I bid him inquire of all the others to find out who took it; and on the next day I was inform'd that the person who has pleaded guilty to the indictment ( John Morris , one of my apprentices ) own'd he had sold two quarts of my lamp oil to the prisoner at the bar for two pence. We took him into custody, and he confess'd to me he had sold him two quarts for a penny a quart. We had him before the justice, where he confess'd the same.

Q. What is that oil worth per quart?

Richard's. It is worth 7 d. or 8 d. per quart. We have two sorts at those prices. The prisoner was taken up, and carried before justice St. Lawrance, where he beg'd not to be committed to the Gatehouse, and said he would leave a 20 l. note of hand with me to make it up, and said he would never buy any stolen oil any more if I would forgive him that offence, and if he did buy any oil of the boy, he must be drunk; saying, pray Mr. Richards forgive me.

Q. Where does Weller live?

Richards. He lives in Oxford Road; he is a master lamp lighter, he has a few lamps.

Cross Examination.

Q. How near do you live to the prisoner at the bar?

Richards. I live in the same parish, about a quarter of a mile of him.

Q. Was the boy committed?

Richards. He was, to Bridewell.

Q. Did he continue there?

Richards. No. The justice said if he was kept there till sessions he'd be spoil'd, and not be sit for my service, so he pass'd his word for the boy, and let him out.

Q. Do you give 7 d. per quart for lamp oil?

Richards. I do, as near as can be calculated.

Q. Was the 20 l. note offer'd to you, or to the justice, that he might not be committed?

Richards. He said he would give me a 20 l. note.

Q. Was not the man bail'd ?

Richards. He was.

Q. At the time you was before the justice, what did you value the oil at?

Richards. At 7 d. or 8 d. per quart.

Q. How came it to be put in the commitment 1 s. value?

Richards. The justice, valued the two quarts at that.

Q. How came you to make it 14 d. in the indictment?

Richards. I told the justice it cost me 14 d.

Q. Was it said before the justice that the prisoner gave but 2 d. for the two quarts?

Richards. It was, by the boy.

Q. What did the prisoner say to that?

Richards. He agreed to it.

Q. Tell the court the very words he made use of.

Richards. When the boy said he gave him 2 d. for it, under such a gateway in Portland-street, St. James's, the prisoner did not deny it.

Q. You mentioned something of his saying he must be drunk, mention that again.

Richards. He said if he did buy it for that price he must be drunk.

Q. Did the prisoner at any time say he did buy it?

Richards. He immediately desir'd I would not proceed against him.

John Morris . I am an apprentice to Mr. Richards. I was employ'd to light the lamps. In the beginning of May last, about noon, the prisoner met me, as I was going into Portland-street, and ask'd me if I had got any oil, he wanted me to lend him some. I told him I had not much to spare. He beg'd I'd let him have some, so I let him have two quarts; he gave me 2 d. for it.

Q. Had you ever sold him any before?

Morris. No, nor since. He was about as I was, putting oil into lamps then.

Q. Who measured it?

Morris. He had a measure that I think held rather above half a pint; he himself measured out eight of them.

Q. Did he desire you to bring him, or to let him have any more after this?

Morris. No, never.

Q. Did he know you?

Morris. He knew who I belong'd to, by seeing me in the street before, doing my master's business; and he had seen me in my master's shop.

Cross Examination.

Q. Was you acquainted with him before this?

Morris. No, I was not.

Q. Did you enquire where he lived, or he whose servant you was?

Morris. No.

Q. Did you see him frequently after this?

Morris. I did, many times; I used to see him almost every day.

Q. How long was this before you was taken up?

Morris. It was about a quarter of a year before.

Mr. Seymore. I am a constable, and was before justice St. Lawrance when the prisoner was charged with buying two quarts of lamp oil of this boy. The prisoner said he was certainly drunk if he bought oil of that boy. The justice wrote his mittimus to the Gatehouse. He beg'd of Mr. Richards to make it up, and he'd give him a 20 l. note of hand, if he ever bought any more of the boy.

Q. Did he mention stolen oil?

Seymore. No.

Q. Did he mention any thing of his knowing the oil being Mr. Richards's property, or the boy being his servant?

Seymore. No; he told me he knew the boy, and did not deny buying the oil, and the boy said he never bought any oil of him but that time.

Cross Examination.

Q. Was the 20 l. note offer'd to pay, on condition he ever bought oil of any of his servants?

Seymore. He said, '' Mr. Richards, I'll give you '' a note under my hand never to buy any more '' oil of your boy.''

Q. Do you know where the prisoner lives?

Seymore. I do.

Q. Do you know the time he was bail'd?

Seymore. I do not; but I have seen him about frequently since he was bail'd.

Q. Did he surrender here ?

Seymore. I met him and his two bail coming from his house here, and he surrender'd to me.

Q. Did he make any attempt to escape?

Seymore. No, none at all.

Mr. Sumerset. Lamp oil at present is worth half a crown a gallon, and at the time mention'd in the indictment it was worth 7 d. per quart.

Prisoner's Defence.

I never saw that boy, nor bought a drop of oil of him in my days.

The prisoner call'd John Cox , Esq; who had known him eight years; William Slone , four; Henry Bevin , about eight; John Savage , five; Richard Cruson , about nine; Robert Reynolds , about eight; Jacob Lewin , twelve; Benjamin Rhodes , near eight; William Blisden , above five; Edward Jones , almost two; and Joseph Brown , eight or nine years, who all gave him a good character.

Acquitted .

317. (M.) Ann Lucas , spinster , was indicted for stealing one cotton gown, value 15 s. the property of Richard Cane , Sept. 6 . +

Richard Cane . I live in Clare-Market . This Ann Lucas stole a cotton gown, my property. I am a bricklayer's labourer .

Q. When did you lose this gown?

Cane. I lost it last Tuesday was se'n-night.

Q. Where did you lose it from?

Cane. From out of a cellar where I live.

Q. Are you sure it was there last Tuesday was se'n-night?

Cane. I am sure it was there last Tuesday was se'n-night; my wife saw it, but I did not. The pawnbroker that she pawn'd it with told me she brought it to him.

Q. When did he tell you so ?

Cane. Last Wednesday was se'n-night, and she acknowledged that she stole it.

Q. Was you present when the gown was found?

Cane. I was at the place where the gown was found; it was found at the pawnbroker's house.

Catherine Cane . I lost a gown last Tuesday was se'n-night.

Q. When did you see it?

C. Cane. I saw it in my cellar that morning, about seven o'clock.

Q. How long was it before you missed it?

C. Cane. I missed it about ten.

Q. When did you see it again?

C. Cane. I saw it again the day after at Mr. Welch's house.

Q. How came you to suspect the prisoner?

Cane. Because the man next door pected her, and said that nobody went out but she; I went to the pawnbroker's, and there I saw her come in; and mistrusting her I took hold of her, and carried her before the justice.

Q. Where is the gown?

Cane. The pawnbroker that she pledg'd it with has it here. (The gown produced in court, and deposed to.) I know it is mine, because it is a new one and never was mended; the prisoner told Mr. Welch's servants that she took it.

John Coates . I am a pawnbroker, and live in Covent-Garden; the prisoner brought the gown to me on Tuesday was se'n-night, the 6th of September.

Q. Was it before ten in the morning?

Coates. I can't tell; I know it was not before seven or eight.

Q. Did she say it was her own?

Coates. Another woman, named Ann Brown , was with the prisoner, and took the money of me for the gown in the prisoner's name. I reckon'd it was pawn'd by this Ann Brown . I took it to be her property. Justice Welch sent his man to our house with the prisoner at the bar, where she said she would pay for the gown, and desired I would speak to the justice of the peace to be as favourable to her as possible. I told her it was not in my power. She told me she would pay for the gown if she work'd her fingers to the bone, if I would interceed with the justice to forgive her. I spoke to the justice, and he said he could not compound felony.

Q. Did she say how she came by it?

Coates. I did not hear her say how she came by it; she told the justice that Ann Brown had two shillings of the money, and that she had the rest. I never heard her acknowledge that she stole it from Cane.

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

318. (M.) Israel Walker was indicted for stealing a gold headed cane, value 42 s. the property of Christopher Barnard , Sept. 10, 1756 . +

Christopher Barnard . I am a taylor , and live in Black-Fryars. Mr. Walker and I had been drinking together at a house in Hatfield Street, on the 10th of September, 1756. He followed me out of the house into the street, at ten or eleven o'clock at night; says he, '' What, are you going?'' Says I, I do not know. '' By G - d says he but you are,'' and snatched my cane out of my hand by main force; it had a gold head to it.

Q. How far was this from the house?

Barnard. It was about ten yards from the house; there was nobody along with me. He went back to the house from whence he came. I went and ask'd him for the cane. He wrap'd the string round his hand, and told me my wife had given it to him.

Q. Was your wife there?

Barnard. My wife was in the house, and another woman.

Q. Did he use any words or threatenings?

Barnard. No, he did not.

Q. Was the landlord of the house there?

Barnard. The landlord was not there, nor his wife, nor his servants.

Q. Had you had any quarrel before you went out of the house?

Barnard. He defrauded me of a 20 l. bank note just before. I sat myself down and ask'd him for the cane, but he would not give it me. Mr. Walker went out, my wife went out, and I followed them, and missed him. I never saw the cane after. I ask'd him for it afterwards, and he said he would make me amends, and that he would give me another cane. He did not deny but what he had the cane.

Q. Do you think he intended to steal it?

Barnard. He took it by force in the street.

Cross Examination.

Q. About the time that this happen'd you had an inclination to marry, did he not lend you some money to get a licence?

Barnard. Yes, he did; two 36 s. pieces and a guinea, and he went and arrested me for 42 l.

Q. Did you settle accounts together?

Barnard. We never had any accounts to settle.

Q. Was you not married the day after this robbery, as you call it?

Barnard. I was.

Q. Pray who gave your wife to you?

Barnard. The prisoner stood father.

Q. Are you sure this was the day after he took your cane, by force as you say.

Barnard. I am sure it was.

Acquitted .

[See him tried before No. 63, in Mr. Alderman Rawlinson's Mayoralty.]

319. (M.) Edward Singleton was indicted for stealing one silver tankard, value 6 l. the property of Timothy Lebeau , in the dwelling-house of the said Timothy , August 3 . *

Timothy Lebeau. I keep a publick-house the upper end of Brick-Lane, Bethnal-Green . On the 3d of August I went out about three o'clock in the afternoon, and returned about six; when I returned I missed a silver tankard; there were several people in the house at the time, but my people suspected the prisoner, who was missing at the time the tankard was. He was described to me. On Friday the 5th of August a lad came to my house and told me he believed his father had some of my tankard offer'd to him for sale, cut in pieces.

Q. What is that lad's name?

Lebeau. I can't tell. The boy's father met me at the Gun in Shoreditch, and shew'd me the house where the prisoner lodged. He went to the Thistle and Crown in Kingsland Road, where the gentleman described him, and said he lives at next door. I said he answer'd the description, having a greasy place on his left shoulder. We went into his room. I said to the prisoner where is the plate which you offer'd to sell to this man? He said, after some little hesitation, he had it about him. I sent for two gentlemen, named Abraham Mercier and Stephen Dempure, witnesses here, who were in the room when the tankard was missing, to know whether they knew him, who said they would swear he was the man they suspected, and that he was there when it was missing; then I gave Mr. Keys charge of him, and he was search'd. This plate was found upon him, but I was not by at the time; I stood in the entry, being afraid the building would fall; it was a very old place. We took him to my house, and a number of people followed him in. I took him up-stairs, and there the plate was open'd by the constable. I found it in pieces, but upon one of them was a cypher, by which I can swear to it. ( He takes it from the rest.) There was only this cypher upon it. We carried him before the late Sir Samuel Gower . While we were waiting at a publick-house, before we saw Sir Samuel, Isaac Reeve brought a piece of a handle.

(Produced in court.)

Q. Is that any part of your tankard?

Lebeau. I can't say it is. When he was before Sir Samuel Gower , he said, when he came home the tankard was in his bag. He was ask'd why he did not carry it where he had been, knowing it was not his property; he said he was so fuddled he did not know where he had been. Sir Samuel ask'd him how it came to be in these small pieces: He said one John Mason , that lodg'd in the next room to him, had cut it into these pieces, and went off with the rest of the pieces in the morning.

Abraham Mercier . I was drinking at my landlord's on Wednesday the 3d of August, between five and six o'clock in the afternoon; the prisoner came in between five and six. There were some drummers in the house, who said they had no money, and they made a collection upon the drum head; the prisoner put down a penny; after that they had two full pots.

Q. Had they been beating there on any occasion ?

Mercier. The landlord had been married the day before, and they came to beat. After they had drank the beer out, which were two pots in all, the tankard was missing.

Q. What tankard had they their beer in, that which was missing or another?

Mercier. In that that was lost. Then the prisoner only was missing. The landlord was not within then.

Q. Who missed the tankard ?

Mercier. The maid servant. On the Friday when he was taken I was sent for to the prisoner lodgings, to know whether he was the man that I suspected I said he was the very same man that was missing when the tankard was lost. Then fifteen pieces of silver were taken out of his pocket, and delivered to the officer. Then the officer brought him to the prosecutor's house.

Q. Was you before the justice?

Mercier. I was.

Q. What past there?

Mercier. I can't recollect.

Stephen Dempure . On the 3d of August I was at the prosecutor's house, there were several drummers in the room, during which the prisoner came in with a large bag on his back, a little round hat, and had a carroty beard; there was a collection made for money to make the drummers drink, one of them went round with his drum. I put a penny on the drum head, we gather'd to the sum of six pence, and they spent it in beer; they had it in a tankard, which appeared to me to be silver, without a lid; it was handed to me. I had it in my hand, the prisoner said it was his turn to drink. I drank to him, and deliver'd him the tankard; so it went about from one to another, till it came to me a second time. The prisoner sat upon a chair with his back to the chimney. I drank to him a second time. I deliver'd it to him again, and we got talking about one thing or other. I never saw the tankard afterwards, nor did I see the prisoner go out of the room; but soon after it was missing, and the prisoner was gone. After that the prosecutor came home, and was told one of his tankards was missing by his maid; he inquir'd what sort of people. I described the man had been there. (meaning the prisoner.) On Friday the 5th of August the prosecutor came to my house, and desired I would go along with him, for according to the description of the man, he thought he had got the person that had note his tankard. I went with him to the prisoner's house. The prosecutor said is that the man. I said, to the best of my knowledge, he is the man that was there at the time, and to whom I delivered the tankard as we were drinking. He was secured, then Mr. Mercier came, and said he was the man; the prosecutor's maid said the same. He was taken before Sir Samuel Gower , where he said the tankard must have stuck to his bag, for when he came home he found it in it, but could not tell whose it was, or who put it there; and said, he must own that he was d - 'd drunk, and that a man that lodg'd in the next room to him work'd about it all night while he was in bed.

Q. What did he mean by that ?

Dempure. I don't understand what he meant by that.

Isaac Reeve . On Wednesday the 3d of August I went to the other end of the town to carry some goods.

Q. Where do you live ?

Reeve. In Shoreditch, and keep a pewterer's shop My wife told me there had been a man that wanted to see me, he had something to sell.

Q. Did he come to you afterwards ?

Reeve. He did. It was the prisoner at the bar. He pull'd out this bit of silver ( producing a piece of a handle ) I touch'd it upon an oil stone.

Q. Did he desire to know what it was, or did he offer it to you to sell?

Reeve. He offer'd it to me to sell. I went to a silversmith, who said it was silver; he weigh'd it, and said if he was to buy it, he would give about 4 s. then I said I may venture to give 3 s. The prisoner said when I came back, you need not be afraid to buy it, for I pick'd it up in a tom-turd-hole. I was very scrupulous of buying. I bought it for 3 s. After this I happened to read in the Newspaper of a quart silver tankard being stole in the prosecutor's house. I went thither, and there was the prisoner. I told the affair before Sir Samuel Gower . He ask'd the prisoner if what I had said was truth, he said it was.

William Cavit . I am the constable that was charg'd with the prisoner. I search'd him in his lodgings, and took this silver ( here produced) out of his pocket. I had him before Sir Samuel Gower , where he own'd it stuck to his bag.

Q. Did he say any more?

Cavit. I heard no more, there was a great crowd.

Prisoner's Defence.

I found these hits of silver, I make pegs for the heels for shoemakers . I was at the house that day, the house was like a fair all the time; there were a great many people coming in and out.

Guilty, 39 s .

[Transportation. See summary.]

320. (L.) Michael Curry was indicted for stealing forty pound weight of cherries, value 18 s. and one wicker sieve , the property of John Garret and Isaac Goodman , July 18 . ++

John Garret . The cherries belong to a gentleman in Kent, but were left in the care of me and Isaac Goodman , who are watchmen in the Fleet-Market ; and what is lost we are obliged to answer for. I saw the prisoner take the cherries mention'd in the indictment, and when he found I saw him he drop'd them down.

Isaac Goodman . I went to assist Garret, and we secured the prisoner.

Q. Did you see the prisoner take the cherries?

Goodman. No, I did not. I saw them after he had thrown them down.

Prisoner's Defence.

I know nothing of the cherries. I was carrying a load from the water side, there was a great crowd of us all together; this man has ow'd me a spight these three years, and this is all spight.

He call'd Bridget Rion , who had known him ever since he was born; Nicholas Branagan , a year; and John Fitzpatrick , above half a year; who all gave him a good character.

Guilty .

[Transportation. See summary.]

321. (L.) Thomas Dumble was indicted for stealing one dozen of concave glasses, value 12 s. six pair of temple spectacles, two fishskin cases, twelve spectacles, six dozen of horn frames for spectacles, and one reading glass , the goods of Leonard Ballit , July 22 . ++

Leonard Ballit . I am an optician , and was drinking at the Crown alehouse in Duck-Lane with Thomas Owen . I had an occasion to step out, so desired him to take care of my things, which were the goods mention'd in the indictment, tied up in a handkerchief. I was out about a dozen minutes, and when I returned Mr. Owen was not there. I met the prisoner coming out as I went in at the door. I call'd to the landlady to know where my friend was, who said he was gone into the kitchen. He came to me. I ask'd him where my handkerchief was. He said the man that had been there must have it. The landlady said he had just flung down 3 d. for his liquor and went out.

Q. Who was in the tap-room before you went out?

Ballit. There was nobody in the tap room but my friend, I, and the prisoner. I advertised the goods, and Mr. Wilmot, in St. Bride's Alley, sent for me, and told me he had heard of my goods, and knew the man that had been at his house to pawn them, but he did not take them in; so I went and took him up, and carried him before my Lord-mayor, where he confessed the taking of them.

Q. What were the words he made use of?

Ballit. He said he was at the house, and seeing them lie there, and knowing they were not the landlord's property, he thought he might take them as well as any body else.

Thomas Owen . I was with the prosecutor at the time, who said he had an occasion to go out, so desired me to take care of his parcel. There was the prisoner in the house. I went backwards into the kitchen, and when I returned the prosecutor was come in, but the prisoner and parcel were gone. I went out, but could not see him. When he was taken I pick'd him out from a dozen people, at the Mansion-House, where I heard him confess he had the things.

Elizabeth Vanderbus . The prisoner was in my house at the time the prosecutor was; he call'd for a pint of beer, and after that a pennyworth. When the prosecutor was gone out the prisoner flung down 3 d. and went away.

Samuel Wigget . I am a barber, and have been acquainted with the prisoner six or seven years; he is a taylor . He came to my shop one Saturday morning and said he had found something, but he did not know what it was. I looked at them and found they were a parcel of spectacles. I went and fetch'd another man that was a branch of the trade, who look'd at them, and advised us to let them alone till the Monday following, to see whether they would be advertised. On the Monday the prisoner said they are not advertised, and as I want some money, we will pawn them till we can hear farther about them. I went with the young man to Mr. Wilmot, but he did not chuse to take them in; then we went to another pawnbroker and pawn'd some of them in the prisoner's name for 12 s. One pair of spectacles was given to a taylor, and some other things he had sold and given to other persons: When I found they were own'd I went and got what I could, and delivered them to the prosecutor.

Q. Where did the prisoner tell you he found them?

Wigget. He told me he found them over-against the Golden-Lion, in the Old-Bailey.

Q. to prosecutor. Where do you live?

Prosecutor. I live upon Holbourn-Hill, three doors beyond St. Andrew's Church gate.

Q. Where did you lose these things?

Prosecutor. At the Crown in Duck-Lane; there are two doors, one goes out into Bartholomew-Close.

Samuel Polock . On the 23d of July Mr. Wigget came to me and desired me to come to his shop, where was the prisoner at the bar. Mr. Wigget said, my friend has had the luck to find these things, and produced them; you are a judge of them, be so good as to tell us what they are worth. I advised them not to part with them, but stay and see if they were advertised. On the Monday they told me they were not advertised, and ask'd me to go along with them to pawn them. We all three went, but at the pawnbroker's door the prisoner made an excuse to go away about some business, and said he'd come to us at Mr. Wigget's house. I pawn'd them in the prisoner's name, and Mr. Wigget's name was put at the bottom of the paper.

Q. By whose direction did you pawn them?

Polock. By the direction of the prisoner. I gave Mr. Wigget the money in hand, and he said we will go and drink somewhere. We went to an alehouse opposite his house and call'd for a pot of beer, and before the beer was out the prisoner came in Mr. Wigget paid 3 d. for the pot of beer out of the money, and gave the prisoner the r est.

John Pearcey . Mr. Wigget came with Mr. Polock and offer'd these things to pawn with me. Wigget told me the poor man that own'd them was in distress, and a little money would be acceptable, that he knew them to be the man's property, and it was upon a pinch, so I took them in. ( Produced in court, and deposed to by the prosecutor.)

Wigget. I have known the prisoner some years; he is one of the best of workmen, and I never heard any harm of him before this.

Prisoner's Defence.

I went into that house and call'd for a pint of beer, and after that I had a pennyworth more. These goods lay on a bench in the house; there was nobody near them, nor in the tap-room, where they lay. I thought some strange person had come in and left them there, so I took them with me; the next morning I went to several people that work'd in these sort of things, and after that I was told they belong'd to Mr. Ballit. I went to get shaved at this Mr. Wigget's shop, and told them I found these things over night, near the Old-Bailey. They would have me pawn them, but I would not, so I kept them from the Saturday till the Monday, thinking they might be advertised. Then I came to his shop again, and he advised me to pawn them, and let the man that own'd them fetch them out, so I consented.

Guilty .

[Transportation. See summary.]

(L.) 322. Robert Boyd was indicted for stealing one wooden trunk, cover'd with leather, value 5 s. one suit of men's cloth apparel, value 40 s. two linen waistcoats, value 20 s. six ruffled shirts, value 3 l. five neckcloths, value 5 s. four holland night-caps, value 2 s. nine pair of worstead stockings, value 18 s. one silver laced hat, value 10 s. two pair of drawers, value 12 d. two full suits of silk women's apparel, value 3 l. two linen sacks, value 30 s. three petticoats, value 20 s. nine muslin handkerchiefs, value 12 d. five pair of ruffles, value 4 s. two linen aprons, value 5 s. ten linen caps, value 4 s. two pair of silk stockings, value 4 s. one pair of silk gloves, value 6 s. ten night-caps, value 6 s. and six pocket handkerchiefs, value 5 s. the goods of Edmund Francis , August 3 . ++

Edmund Francis . I hired a hackney coach, and I, my wife, and another woman were in it. I order'd the coachman to fasten the trunk, with the things mention'd in the indictment in it, to the coach behind, and ordered him to drive me to the Saracen's-Head in Friday-Street, from the Strand. The trunk with all in it was gone before we came to St. Paul's Church.

Q. Have you heard of any of them again?

Francis. The prisoner at the bar was taken and brought before my Lord-mayor, and I have got the greatest part of my things.

Q. Was he there charged with stealing these things?

Francis. He was.

Q. What answer did he make?

Francis. I have forgot his answer. I think he said he found the trunk.

Elizabeth Wood . The prisoner at the bar came to my shop on Tuesday night the 2d of August.

Q. Where do you live?

E. Wood. I live in Field lane, and keep a sale shop; he ask'd me if I would buy some shirts.

Q. Did you know him before ?

E. Wood. I never saw him in my life before to my knowledge, nor since till now.

Q. How was he dress'd ?

E. Wood. He had a laced hat on. I took him to be a footman. I said to him, let me see them. I look'd at them, and said, these are too good for left off shirts.

Q. Are any of the goods in court?

Prosecutor. Here is a laced hat, and a pair of stockings. (producing them ) these were in the trunk with the rest of the things. I was inform'd I need not bring the whole of them here. This hat was on the prisoner's head, and the stockings on his legs when taken, they are my property. I have been at Holland since the trunk was lost.

E. Wood. I ask'd the prisoner if the shirts were his own, he said they were, and that to tell me the truth he was a lieutenant, that he was come away for debt out of the country, and was going to sea, and if I did not think well of it. he could shew me his protection if I could read. He shew'd me a paper, I read in it, Edmburgh, Alexander Robertson discharg'd, dated 1755. I ask'd him what it was. He said you do not understand these things, and took it out of my hand. I ask'd him whether these shirts came by the coach or waggon, he said by the Chester waggon, and it put up at the Bull Inn, Holbourn. I asked him what he would have for them; he said 4 s. a piece.

Q. How many were there of them?

E. Wood. There were three of them I agreed to give it. I gave him a guinea to give me change, he said he had no change, but he had a few more things that he could spare, and he'd go and fetch them, and said I might let it alone till he came. So he left the guinea with me, and said he had left his box in a cellar, and it was open. I said, what but just come to town, and leave a box in such a manner, why did you not go to an inn; he said he did that to save charges. He went away, and return'd with a great trunk on his head, big enough to hold two or three people. He put it down in the shop, and took out six shifts, two waistcoats, and I think one pair of drawers, six handkerchiefs, two of them were border'd with red. He took up one, and ask'd me if I ever saw such a one before, and said his brother at the Indies made him a present of them. He took out some neckcloths and some stockings. Then he pull'd out some womens cloaths. I said what have you got womens coaths. He said do you think I have not got a wife I said how came you not to bring her with you. He said she was not far off, she is at the Bull Inn. I said I will not touch them till you bring her here, I am afraid you have strip'd her, and left her behind you He ask'd 41 s. for six shifts, three shirts, two waistcoats, and two pair of ruffles. I began to be very much surprised, having nobody with me, and it was almost ten o'clock at night. I went over the way to a Barber's shop, and knock'd at the door, but they were all gone to bed. Then I thought I would give the prisoner but part of the money, and so I bid him come again in the morning. So I gave him a guinea, and bid him come again for the rest. He wanted me to let him leave the trunk there, I would not permit that, it having been left at a cellar unlock'd, and if any thing had been taken out, I might be blam'd; so he took it away with him In the morning I went to see if the things were in any paper, but saw nothing of it. Then I went to the Printer of the Daily Advertiser. I left three shillings to have it put in, but the paper being full, he said it could not be in till the Friday; this was on the Wednesday. The next morning I found in the Advertiser a trunk lost, the size of this. Then I went to the prosecutor as directed, and told him the same as here, and was glad to deliver him the things I had bought.

Robert Thornber . I keep the Black Bull in Holbourn. I was smoaking a pipe with my friend, and in came a porter with a large trunk, a little after eleven at night, on the 3d of August He asked me if a gentleman could have a lodging there. I said yes, if there were nobody but himself; he put the trunk on the floor; then came in the prisoner, who wanted change for a guinea. I chang'd it, he gave the porter 6 d. The porter ask'd him to make him drink, then he call'd for a full pot of beer; he eat some buttock of beef, he was very hungry. He had a pair of new shoes on, and these stockings here produc'd, a very dirty shirt, and this laced hat (thinks I this is some post chaise affair) I began to ask him questions, first what countryman, - Chester, - how did you come, - by the coach, - how far have you come to day, - twenty miles, - that stage must run fifty or sixty miles a day, - I came by a coach, - where did you put up, - at the Plume of Feathers, - there is no such inn as I know of. Then he said it was at the Blossom Inn. I said, why did not you stay there all night. He said he came to see some acquaintance, a hair merchant in Holbourn. Then he said he was going to sea, on board a letter of marque. I was very busy with him, and found him in a great many stories. I ask'd him if he came thro' St. Alban's, he said he din'd there; I said that is above twenty miles from London. I said I am afraid your shirt will not suit my sheets, they are rather too white for you; I should be afraid to lie with you, fearing I should catch something; said he, I have ruffled shirts in the trunk. Then he open'd it, and pull'd out a large ruffled shirt; thought I, that was never made for you. I look'd in and saw a suit of cloaths trim'd with gold I ask'd him why he did not clean himself before he came to town. Then I look'd and saw a petticoat, said I what do you wear petticoats too; then he ask'd me if I was going to rob him. I said no. Then I told him I should keep him till I knew how he came by that trunk. Then I sent my tapster to the watch house, but there was no constable. Then I went and knock'd up Mr. Stanton, a constable, who came with me. I charged him with the prisoner, upon suspicion of stealing the trunk and things. Mr. Stanton charg'd me to assist, and we took him to the Compter; the trunk was advertised next morning. Then we took the prisoner and things before my Lord mayor, who sent for the prosecutor from St. Mary Hill; the gentlewoman had an inventory of all the things.

Q. to prosecutor. Did you see this evidence before my Lord-mayor?

Prosecutor. I did.

Thoruber. My Lord committed the prisoner to Newgate, we attended him thither, and there left him.

Thomas Taylor . I am a coachman to a common hackney coach. I took the prosecutor up at the Bell in the strand, at the back of the New Church.

Prosecutor. I came then from Bristol.

Taylor. He order'd me to make the trunk secure behind the coach. I took and bound it fast thro' the handles, and tied the rope with two knots; when I came against the toy-shop in St. Paul's Church yard, I ask'd a man how the trunk was behind, who look'd, and said you have got never a trunk there. I got down and saw it was gone.

Mr. Stanton. I am a constable. I was sent for to Mr. Thornber's house; there was the prisoner with a large trunk. The prisoner said the things in it were his property; I said if they were, he could tell us what they were. He mention'd some things, and we took them down. We said are there not more things, he said some things not material. When we came to examine them, we found fifty more things than he had mention'd. There was a good suit of cloaths that he said was made for him. We made him put them on, but they were too long for him; he said his father order'd them to be made so because he was growing.

Q. What time of the night was this?

Stanton. About twelve o'clock; there were two razors we took out of his pocket ( producing them )

Prosecutor. These are none of mine.

Prisoner's Defence.

I found this trunk betwixt St. Paul's and Ludgate, about eight o'clock. I came from Westchester, my father lives there. I am a hair curler by trade. I never found such a thing before, I would have been glad to have sold them all.

Q. to Taylor. What time of the night was it when you missed the trunk from behind the coach?

Taylor. It had not gone seven.

Guilty .

[Transportation. See summary.]

323. (L.) Thomas Cannon was stealing one mahogony tea chest, and sters, value 5 s and six silver tea spoons val. the property of Richard Green ; August

Richard Green. I live in St. Dunstan's Court Fleet-street. My wife and I were gone out, and I came home I was told there had been a my house, and he was taken and carry'd to Bridewell. I went there, the prisoner was ask'd if he knew me, he said he did not. He own'd he took the tea chest from off the dresser, and was carrying it away under his coat, and beg'd I would forgive him. He own'd he had got in with a sister of mine, from whom he got intelligence that I came from Berkshire; so he took an opportunity to come when we were gone out, pretending he was acquainted with us to the maid, who asked him to sit down, which he did, till he could find an opportunity to carry off something.

William Branand . I keep the Hole in the Wall, Fleet-street. The day that this tea chest was missing, I heard the cry of stop thief in St. Dunstan's Court. I saw a man run pass my door, I took and had him back to Mr. Green's door, where I saw the tea chest standing on the threshold of the door. ( The things produced in court and deposed to.)

Q. Did you see any thing upon the prisoner ?

Branand. No, I did not.

Q. Where is the maid servant ?

Prosecutor. She went away from me three days after, and never ask'd for her wages; from which I think there has been some dabling work.

Q. to Branand. Did you hear the prisoner confess any thing?

Branand. I heard him confess he had got the tea chest in his hand, and made an attempt to carry it off.

Prisoner's Defence.

I call'd to see Mr. Green and his wife, they were not at home; I staid there upwards of an hour, and walked backwards and forwards in the room, the chest was upon a table. I sat down in a chair by the table, I took it up and look'd at it, the maid was washing in a little room. She came out and said what are you going to do with it; she took it from me, and put it on the floor, and call'd out stop thief.

Q. to Green. Had you any knowledge of the prisoner ?

Green. I never saw him in my life before that day.

To his Character.

Alice Burt . I have known the prisoner seven years. He is a clockmaker . I never heard a bad character of him.

Guilty .

[Transportation. See summary.]

324. (L.) John Flat was indicted for stealing one hempen bag, value 6 d. three loafs of sugar, value 3 l. 8 s. fourteen pounds weight of sugar candy, fourten pounds weight of raisins, fourteen pounds weight of rice, three pounds weight of barley, and three pounds weight of pepper; the goods of William Comlin , being in a certain vessel lying on the river Thames , August 10 . ++

William Peart . I saw the prisoner at the bar take my boat away from Church Head Alley Hole, joining to London-Bridge . He pull'd at my sculls and row'd away. I pursued him and call'd stop thief.

Q. Were any things in the boat?

Peart. There were some grocery goods belonging to William Comlin of Wandsworth. He left the boat and goods at Cole Harbour, and jump'd on shore. He was never out of my sight only as he turn'd round a barge.

Q. How did you pursue him?

Peart. I pursued him in another boat. He was taken on shore.

Q. What did he say for himself?

Peart. He said he knew nothing of it. There was a constable at hand, who took charge of him, and carried him to the Poultry Compter.

Q. When was this ?

Peart. This was between eight and nine in the morning, on the 10th of Augu st.

William Harrop . I was landing some goods at the same time at Fishmongers Wharf. I heard Peart call stop thief. I had known the prisoner seven or eight years. I ran along shore, and laid hold of him, just as he came up the stairs by Watermens Hall He was carry'd before Alderman Alexander the same day, and charg'd with stealing the grocery. He said he was in the boat, that was all.

Q. to Peart. Did you hear the prisoner say any thing before the Alderman ?

Peart. He said he was in the boat.

Prisoner's Defence.

There was a press gang saw me going along by St. Magnus's Church. I ran down to the water side, where I saw this boat lying. I jump'd into her, and put her off to save myself.

Guilty, 39 s .

He was a second time indicted for stealing one linen sheet, value 3 s. one other sheet, value 4 s. one pair of pillowbiers, two linen aprons, one petticoat, four pair of stockings, one linen handkerchief, three tuckers, one lawn apron, and five other linen handkerchiefs, the goods of Mary Doyle , spinster , the same being in a certain vessel lying on the river Thames .

No evidence appearing he was acquitted .

[Transportation. See summary.]

325. (M.) Lewis Cannington was indicted for stealing one gold watch and chain, value 15 l. the property of Thomas Towle , August 3 . ++

Thomas Towle . I live at Stoke Newington , and by what Mrs. Towle related I found there were such circumstances which led me to suspect the prisoner (he work'd as a painter at my house, under Mr Brown) of having stolen a gold watch and chain; accordingly I took him up on suspicion, and carried him before justice Fielding, where he absolutely denied the fact; but the justice committed him to New Prison on suspicion. In the course of his examination it appeared, that the night the watch was taken away he lay at a house in Whitecross-street, with one Robert Rawson , a painter. I desired Mr. Fielding to grant me a search warrant to search that house, and also another to take up Rawson's person. Upon the search warrant nothing was found. Rawson was taken up upon the other warrant, and Mr. Fielding committed him, I think, to Clerkenwell Bridewell. On the Friday following there was one Alvery Baker, a journeyman barber from Gracechurch-Street, came to me, and ask'd me whether I had not taken up a man on account of a gold watch and chain being taken from my house. I said I had. He said he could let me into the whole affair. I told him I was very willing to hear what he would say, if three things were agreed to; one was to have witnesses by to hear what he said, another was that he would suffer me to take it down in writing, and the third that he must not expect any sort of gratuity from me whatsoever. Then he told me that Robert Rawson owed him a shilling, and he went to him to this house in Whitecross-Street, to ask him for it. When he came there Rawson call'd him out, and said he hoped he would stay for it a little while for he had got a thing that he hoped would fetch him fifty or sixty pounds, and then he could help him to his shilling; and he said that Rawson declared to him he received a gold watch and chain of Cannington, that he had hid the watch, broke the chain to pieces, and hid part of it with the watch. He went to justice Fielding and gave this information. The justice sent for Rawson, and he confirmed the information, and upon his directing as to the place where the watch was hid he was admitted an evidence. We went and found it accordingly, and here it is. (Producing in court a gold watch with a shagreen case, and part of the gold chain.)

Q. Where was that watch hid?

Towle. It was in a field just by Sir George Whitmore 's.

Sarah Towle . I am wife to Mr. Towle. The prisoner was painting the outside of the window shutter in my chamber. About ten o'clock in the morning I locked my watch up in a drawer, knowing he was to come. About four in the afternoon I had an occasion to go to my drawer, where it then was, and in moving the things I removed it from one side of the drawer to the other, so that I am positive it was there then. After that I saw it no more, till it was found by the information of the evidence.

Q. Can you give an account which way the watch was taken out of the drawer?

S. Towle. There was a mark on the wood work of the drawer, and there was a notch made in the lock.

Q. Are you sure you lock'd the drawer?

S. Towle. I am certain of that.

Q. What time did you miss it?

S. Towle. I did not miss it till about nine in the evening.

Q. Was any other person at work there besides the prisoner that day?

S. Towle. No, there was not.

Q. Look upon this watch produced here.

S. Towle. (She takes it in her hand.) This is my watch.

Q. How long was he in your room?

S. Towle. He was in it a little after ten, and did not leave the room till about one. I sat below in the parlour, and heard him take his board in. I imagin'd he had done work, and was going to dinner, but instead of hearing him come down as I expected, he did not, so I went up to see what he was about. I found my chamber door shut, but not lock'd, and he was in the room in a good deal of confusion; he went to the window, seemingly to make an excuse to look out, after turning away from that part of the room where the chest of drawers stood. He then went away. I ask'd him what farther was to be done. He said his master had given him orders not to do any thing more in that room that day. He came again about half an hour after five in the afternoon, and staid till about seven; he was then in the room alone. He then went to finish the other two windows; there are four windows to the room. These two windows he had told me he was not to do any thing to that day, by reason of the weather that lay upon them.

Alvery Baker. I went to the White Swan in Whitecross-street, to Robert Rawson , for a shilling he ow'd me; he desir'd me to hold my tongue, and said Lewis Cannington had brought him a thing worth 50 or 60 l.

Q. Did you know Cannington before this?

Baker. I did. I ask'd him what it was. He said a watch and tweezers.

Q. to S. Towle. Had you tweezers to your watch?

S. Towle. No, I had not.

Baker. I said, as he had got it he might get rid of it as he could, for I would have nothing to do with it. The next day he sent for me to a publick house, shew'd me a piece of the chain, and desired me to fell some of it. He said he had hid the watch under a tree, in a field going to Newington. I beg'd he would keep away from me, but on the Saturday he sent a letter to me, wherein he told me he had sold some of the chain to a Jew in White-Chapel. On the Monday morning I went to Mr. Towle, and told him all that Rawson had said to me. I told the same also to justice Fielding. I could not tell where to find the watch. Rawson went in a coach (and I behind it) with others. Rawson shew'd them where the watch was, and Mr. Brown the painter took it out, and brought it to justice Fielding's.

Q. Was you there when the prisoner was examined?

Baker. I was, and he denied knowing any thing of it.

Robert Rawson . The prisoner came to my lodgings, where were several other painters, at the Swan in Whitecross-Street. He said he heard I was lately come out of the country.

Q. When was this?

Rawson. I can't tell the day of the month; it was in August, about eight or nine o'clock.

Q. to prosecutor. When did you lose your watch?

Prosecutor. On the 3d of August.

Rawson. After some little time the prisoner beckon'd me to him in another box. I went. Then he said, '' Have you been so long in the country '' at a guinea a week, and can't wear a gold watch '' as well as I.'' I had then a silver one in my pocket. He took me out of the house and produced a gold watch. That was the same that is here produced. He left it with me, and I hid it in the ground; it has the name Bowles on the dial plate, and upon the work.

Q. Was there ever a gold chain to it at that time ?

Rawson. Yes, there was.

Q. Were there any twezers to it?

Rawson. No. He said it was too late for him to go home to Newington, so he ask'd me to let him lie along with me. I got liberty for him so to do. Then he told me he had two half crowns that he took from the same place where he took the watch, and that he saw the watch put into the drawer, and that he made use of an instrument which we use in our business, call'd a putty stick; it is made of iron, with which he wrench'd up the top of the drawers, and so got the drawer out, took out the watch, then held up the top of the drawers while he put the drawer in again, and it went chuck into its place again without hurting the lock.

Q. What became of the chain ?

Rawson. He gave that into my possession also; that when he went to work the next morning he might not have any thing about him to detect him.

Q. What did you do with the watch and chain ?

Rawson. I'hid them under a tree at Newington Green, near Sir George Whitmore 's.

Mr. Brown. I employ'd the prisoner in painting at Mr. Towle's house. This last witness told me where he had put the watch and chain. I went with him and others, and he shew'd me the place, and I took it out.

Q. from prisoner. Did I not leave all the things in the room that evening because it rain'd?

Brown. The things were left in the room.

Q. Did you bid the prisoner leave off painting that afternoon ?

Brown. The rain beat against two of the windows, so I bid him not to do them then; but he did do them.

Prisoner's Defence.

I took this house to do of Mr. Brown, at so much money; I was to have nine shillings for doing the windows, and was obliged to take all opportunities for the weather; the reason of my leaving it and coming again at five was, the weather coming better. I desire Mr. Brown to speak of me what he knows.

Mr. Brown. He work'd for me about three weeks on and off. I have known him no longer. He never work'd for me a whole week together. I know nothing ill of him, but this thing.

Guilty .

[Transportation. See summary.]

326. (L.) Alvery Baker was indicted for sacrilegiously stealing two gold tossels, belonging to the pulpit cushion, the property of the of St. Bride's , it being in the custody of the churchwardens , July 25 . ||

Matthew Arnold . I am beadle of the parish of St. Bride's. Mr. Brown, a painter at Newington, came to London on the 2d of September, and enquired for the churchwardens of the parish of St. Bride's, who were not in the way, but one of the overseers brought him to me, and desired I would assist Mr. Brown in taking the prisoner, he having had an information against him on this affair.

Q. What was lost?

Arnold. Two gold tossels belonging to the pulpit cushion, from out of a wainscot box in the vestry room.

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 14th, Thursday the 15th, Friday the 16th, Saturday the 17th, and Monday the 19th of SEPTEMBER.

In the Thirty-first Year of His MAJESTY'S Reign. NUMBER VII. PART II. Being the Seventh 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.

Q. WERE they fix'd to the cushion?

Arnold. They were.

Q. When were they missing?

Arnold. I can't say the exact time.

Q. When was the last time you saw them?

Arnold. That was, I believe; about the 22d of April, or the Sunday before; the church was shut up about that time.

Q. Where did you meet with the prisoner?

Arnold. I went with Mr. Brown to the Cross-Keys Inn, Gracechurch-Street, where he was at work as a journeyman barber. We took him before a magistrate, where he wanted to be admitted an evidence against Rawson.

Q. Did he say any thing as to the fact he is now charged with?

Arnold. He acknowledged he came into the vestry room, when Rawson was at work there as a journeyman painter, and could say enough to hang Rawson.

Q. Did he own he took the tossels ?

Arnold. I can't directly say whether he did or not.

Q. Did you ever find the tossels again ?

Arnold. No, never.

Susannah Davis . I am sextoness of the parish of St. Bride's. The church was open on the 22d of April, two years ago, and then shut up nine months to be beautified. On the 22d of April the gold tossels were there, I had lock'd them up in the box as usual in the vestry, there were four tossels to the cushion; and about two or three months after, the things being exceeding good, I was afraid they would mildew; I unlock'd the box to look at the cushion, and missed two tossels.

Q. Did you find the box lock'd?

S. Davis. I did, but the tossels could be taken out without unlocking the box; which is a yard or more long, and is made something in a half round, so as to receive the whole as it lies on the pulpit, and each end might be lifted up, so as to get a hand in and take out the tossels, the lock being in the middle; since that we have had a lock put on at each end.

Q. Have you ever seen the two tossels since?

S. Davis. No.

Q. Were there any other workmen in the vestry room at the time it was beautifying, besides Rawson?

S. Davis. Yes, a great many. I know he was there for one. There were bricklayers, carpenters, and all sorts of workmen in the vestry.

Q. Did you ever see the prisoner there?

S. Davis. No, never to my knowledge.

Robert Rawson . The prisoner came to me when I was at work, in painting: the vestry room at St. Bride's Church, and ask'd me how I did; there stood a box by him. He ask'd me what was in it. I said I did not know. He said then he'd soon know what was in it, and lifted up the lid and took out a gold tossel; he shew'd it to me and said, '' This is a pretty booty.'' I mov'd my steps to the door where I was at work, but whether he cut or wrong it off I do not know. He brought it some yards from the box. The next day he came again and took another tossel in the same manner. After that he told me he made six shillings a piece of them; that he sold one at the Flower-Pot in Bishopsgate-Street, and the other in Wood-Street.

Q. Had you any part of the money ?

Rawson. We had eels together at the Bell, and he gave me 3 s. in part of the money; he said he had lost the money he sold one of them for at cribbige.

Q. When did you make the first discovery of this?

Rawson. After I was taken up about the gold watch belonging to Mr. Towle, the prisoner knowing I was taken up went and made a discovery of it to justice Fielding. After I was admitted an evidence I was sent for from prison and told about it, and I was admitted an evidence against Cannington and he.

John Brown. I went to New Prison to see Cannington, who told me Rawson and the prisoner had stole some gold tassels from out of St. Bride's church, but could not tell the time. I went to the overseer of St. Bride's, who directed me to Arnold, so came at the knowledge of the affair.

Q. Did you hear the prisoner confess any thing?

Brown. I heard him say he would discover the whole affair, if they would admit him an evidence, that he saw Rawson burning something; he ask'd him what it was, and he answer'd it was a bit of lace.

Q. to S. Davis. Did you ever inquire where the evidence says the tossels were sold?

S. Davis. No. I never did.

Prisoner's Defence.

On the 8th of August I went to his worship, and made the discovery of the gold watch stolen by Cannington. When Rawson's mittimus was writing, Mr. Brown said, now is your time to make what discovery you can, and get admitted an evidence Rawson had said he knew of nothing against me, but his making diamonds, in order to deceive the pawnbrokers, which I carried about. His worship order'd me to go home to work, I did, and remain'd there till the 2d of September, when Mr. Brown and that other witness came to me, and said they came to save my life, for Rawson was going to make himself an evidence against me for these tossels. I said I heard Rawson make mention of that, and several more robberies I told them I would go with them where they pleased. We went before Mr. Fielding, and the justice told me I must go to the watch house, and he would hear me in the morning. When he sent for me I was detain'd there two hours before Rawson came up; when he came he was admitted, and swore these two robberies against me.

For the Prisoner.

Joseph Rowbridge . I am a barber, and live in the Cross Keys Inn Yard, Gracechurch-street. The prisoner has work'd with me ever since last Whitsun Monday.

Q. What is his general character?

Rowbridge. He had a very good one, all the time he was with me he behav'd very well, and was very honest.

John Ellot . I have known him about three months, where he was with this master; I was chamberlain at the Cross Keys Inn, and used frequently to call him to shave gentlemen there; he has behaved honestly as far as ever I knew. I never heard any thing amiss of him.

Acquitted .

327, 328. (M.) James Elkins was indicted for stealing twenty thousand of naiLs, value 3 l. the property of Samuel Adams , August 10 . And John Martin for receiving the same, well knowing them to have been stolen . ||

Samuel Adams . I am a builder , and live in St. James's . I lost out of my compting-house upwards of twenty thousand of nails, lath nails, four penny brads, two penny nails, &c. some of them I lost on the 8th, 9th and 10th of August last. The prisoner Elkins was my servant ten weeks, and was discharg'd my service a fortnight and three days before he was detected in this robbery.

Q. When did you miss them?

Adams. I never miss'd them till he was taken on the 10th of August. I saw him in the custody of Mr. Johnson. he was brought back with the nails on his shoulder; he confessed to me that he stole them from me, and that he had stole others on the 8th and 9th.

Q. What was the weight of the nails that he was detected with?

Adams. Thirty-six pounds, they were tied up in an apron. He confessed he had sold the others to the other prisoner Martin, and that he lived in High-street, St. Giles's, near the pound. I had a search warrant, and found them there.

Q. Can you swear to any of them?

Adams. I can to the lath nails that I saw there.

Q. When did you search his house?

Adams. I think it was on the Monday following, the day that we detected the boy ( the nails produced in court;) these (laying his hand on a parcel) are the nails that Elkins rob'd me of on the 10th of August The whole that I found in divers parcels at Martin's house are three quarters of a hundred, seven pounds and two ounces.

Q. In what part of his house did you find them?

Adams. In the back part of his house, on the ground floor, in the very same place the other prisoner had before told us of.

Q. Were they conceal'd?

Adams. No, they were not.

Q. How long had the prisoners been taken up before you searched Martin's house?

Adams. They had been in consinement a week.

Q. By what marks can you swear to these nails ?

Adams. I had a large parcel, 27 l. worth; the man who I had them of sold me these nails, a great deal bigger than common, which no body in London uses; he saw I did not much understand it.

Q. Is there no trade uses such nails as these ?

Adams. Yes there are; but there are just the size of them I have at home.

Cross Examination.

Q. Where had you these nails from?

Adams. The man had them in town, and sold them to me.

Q. Can you point out any mark upon any nail here, by which you know it.

Adams. Only by the size.

Benjamin Johnson . I am servant to Mr. Adams, we had a suspicion of the prisoner's coming for nails with a false pretence; and on the 10th of August we catch'd him, by watching him as he was coming from the prosecutor's shop, between ten and eleven o'clock, he had thirty-six pounds weight of nails on his head, apron and all. We brought him back and examin'd him, he pretended some workmen had sent him for the nails, but after much equivocation, he confessed he was going to sell them to the other prisoner Martin.

Q. Did you see where he brought the nails from?

Johnson. I saw him come with them out of my master's shop, and he confessed he took them from out of the shop. I ask'd him what he did with the nails he took the day before, he said he sold them to Martin. Then I ask'd him what he did with what he took the day before yesterday. He said he sold them to Martin, and that he never sold any to any body else. I was with the constable in apprehending Martin. The boy told us he could go and sell the nails that we took him with to Martin. So we let him carry them, and the constable and I went with him.

Q. How far does your master live from Martin's house?

Johnson. My master lives in Rupert-street, about half a mile from Martin's. When we came to the house, the boy went to the door, the constable and a soldier went with him. I went to a public house over the way, and look'd out at the window, but could not hear what past. The boy put the nails on the bench, and ask'd for Martin, but I found Martin was not at home; they staid at the door while a man as I believe was sent for Martin. I saw a man go out, the boy staid without the door; when the prisoner Martin came home, the boy went into the shop after him with the nails, and in about five minutes I went over to them, and found the constable had the two prisoners in custody.

Robert Johnson . I am a constable. I went with the boy at the bar to Martin's house, but Mr. Martin was not at home. I staid, I believe, half an hour or better, while, I believe, the prisoner Martin was sent for. When he came the boy went into his shop with him, and laid the nails down on the floor. I stood at a pattern shop next door, unseen by Martin. The soldier, who was at a little distance, came to me and said there is a back door, perhaps he may go out there; I will stand so as to observe him, and do you watch my motion, for if he attempts that, I'll give you notice.

Q. Who speak first when Martin came home; the boy to him or he to the boy?

Johnson. I can't say which. Presently after they were in the shop, the soldier gave me notice that they were talking together about the nails, so I went directly into the shop; said I to the boy, what are you doing here my lad? nothing said Martin. The nails were lying on the floor, and Martin had the scales in his hand. The boy said I am come to this man with these nails. Said I, have you sold him any before? He said, yes. Martin said, you rogue, I never saw you before in my life. We took them both before the justice. About a week after which we had a search warrant, and found all the nails in his house that are mention'd in the indictment.

Elkins's Defence.

One Richard Throwd sent me for these nails first of all. I never was in Mr. Martin's house before, nor never sold him any, neither did I receive any money of him; it was Mr. Adams's foreman that carried me to Martin's house. I did not know where they were taking me to.

Martin's Defence.

I did not know what the boy had got. The constable ask'd me if I knew the boy, or if I had bought any nails of him before. I told him I never had, nor did I know what he had got; then he told me he was a constable.

For Elkins.

John Alcock . I live near Elkins's mother, and have known him these five years.

Q. What is his general character?

Alcock. He is a very honest lad as far as I know.

Q. What did he do for his livlihood?

Alcock. He used to serve the plaisterers.

Edward Riley . I have known the boy better than six years. I never knew any ill of him in the course of my life; he always had a good character?

Joseph Austin . I have known him about half a year; I never heard any thing bad of him in my life.

Ann Elkins . I am his mother. I never heard any thing of him but what was just and honest.

John Malone . I have known him ever since he was eight years old; he was always just and honest.

Rose Riley. I have known him four years. I know nothing by him but what is honest.

For Martin.

Samuel Oaks . I was at Martin's house, who was out when the boy was there. I staid till he came in, and when he came in I did not hear him talk one word to the boy. In about two minutes the constable came in, while Martin was talking to me. I have known him five years; he is a very honest man.

Q. What is he?

Oaks. He is a carpenter. He work'd for my father about three or four years ago.

Q. What is his general character?

Oaks. I never heard any thing amiss of him.

Q. Did you see the boy come there first?

Oaks. I did. He put the nails down and ask'd for Martin.

Q. Do you live with Martin?

Oaks. No, I do not.

Q. What was your business there?

Oaks. I went for some brass work for a buroe that I bought of him, which he deliver'd to me.

Q. Did you see Martin take down his scales?

Oaks. No, I did not.

Q. Did you ever see that boy before that time?

Oaks. No, never.

Thomas Dobson . I live at the first house in Oxford Street. I have known Martin four years. He has done several jobs for me as a carpenter.

Q. What is his general character?

Dobson. I never heard any thing amiss of his character before he was taken up for this affair.

John Harris . I am a master taylor, and live in Berwick-Street. I have known Martin seven years, during which time I never heard the least dishonest thing by him. I always look'd upon him to be an honest man.

John Lankford . I have known Martin better than three years.

Q. What is his general character?

Lankford. That of an honest man so far as I know; I always look'd upon him as such. He has had men at work at my house in the carpenter's way; sometimes he has work'd as master, and sometimes as servant.

Edward Pain . I am an officer in the excise, and have known Martin about thirteen or fourteen years.

Q. What is his general character ?

Pain. He appear'd to me, in all stations that I knew him in, to be a very honest man. He is a carpenter. I knew him a publican, and when he was both master and servant; I never heard the least thing amiss of him.

John Gray . I have known him nine or ten years; he is a very honest hard working man.

Elkins, guilty .

Martin, acquitted .

[Transportation. See summary.]

329. (M.) Margaret Ward , spinster , was indicted for stealing one copper tea-kettle , the property of John Eade , Sept. 2 . ||

John Eade . I live in Austin-Street, Bethnal-Green ; I saw the prisoner in my house on the 2d of September, between two and three o'clock. I saw her deliver the tea-kettle to my wife, who met her with it in the house.

Q. Do you know the prisoner?

Eade. I do not know that I ever saw her before.

Q. What did she say?

Eade. I only saw her deliver the tea-kettle to my wife; she said nothing to me.

Mrs. Eade. I went out to warm some broth for my husband between two and three o'clock. When I went out the tea kettle was in the corner, on one side of the grate.

Q. In what room?

Mrs. Eade. In the lower room.

Q. How long was you gone?

Mrs. Eade. I was gone no longer than while the broth was warming, not a quarter of an hour.

Q. Where was your husband?

Mrs. Eade. I left him in the house making an end of his dinner, in the same room from whence the tea-kettle was lost.

Q. Did you lock the door?

Mrs. Eade. The door was left open. When I came into the passage I met the prisoner, and ask'd her what she wanted. She said she wanted to speak with somebody, and said she had knock'd twice, but could make nobody hear, and in going out she turn'd her cloak aside, when I saw the tea kettle under her arm. I told her that tea-kettle was mine. One ask'd me who made it mine. I call'd my husband, and then she said, if it is your tea kettle take it, and delivered it to me.

Q. Did she say any thing else?

Mrs. Eade. She had got a shirt and a scarlet cloak in her lap and said, if you will not go before a justice of peace with me I will give you this shirt and cloak.

Prisoner's Defence.

I was going of an errand for a man that is distressed. I met that woman, and the tea-kettle was in the passage. She said, who do you want ? I said, I want the woman that goes out a washing. Said she, what are you going to do with this tea-kettle. Says I, I did not see the tea kettle. You lye said she. Her husband came and said, who had the tea-kettle ? She said I had, and ask'd me how I came by this cloak, and said, I believe you have been stealing of this somewhere, if you will give me the cloak I will not carry you before a justice. I said, I will not give you the cloak, for I have done no harm. I never saw the tea kettle before she saw me in the entry.

For the Prisoner.

Mary Ellers . I have known the prisoner these seven years, and never knew her to do me any damage; I have trusted her in my house many years.

Q. How long ago?

M. Ellers. Not a fortnight before this happen'd she lodged at my house, in Noble Street.

Ann Ellis. I have known her this year and half, and never knew any harm of her; I have had her to do needle work and ironing, and believe her to be a very honest woman.

Acquitted .

330, 331, 332, 333, 334. (M.) Brent Coleman , John Roberts , and Richard Gregory were indicted for stealing one silver mug, value 1 l. 10 s. one pair of silver salts, value 10 s. twelve silver spoons, value 10 s. one pair of silver tea tongs, value 1 s. two silver punch ladles, one pair of silver snuffers, one silver cream pot, one metal watch with a shagreen case, three china bowls, one pair of stays, two ounces of gold lace, and two china cups and saucers, the goods of William Rayner , in the dwelling-house of John Virgoe , August 27 : And Michael Jacobs for receiving one silver mug, one pair of silver salts, twelve silver spoons, two silver punch ladles, and one pair of silver snuffers, part of the said goods, well knowing them to have been stolen : And Jeremiah Pettit for receiving three china bowls, and two china cups and saucers, part of the said goods, well knowing them to have been stolen . +

William Rayner . I live in Great Queen-Street , at the house of Mr. John Virgoe , and was out of town when my lodgings were broke open, and the goods mention'd in the indictment (mentioning them by name) were stolen; the pair of stays was in a one pair of stairs room; the plate was in a drawer, which was not lock'd, but the room door was lock'd.

Q. When did you go out of town?

Rayner. I went out of town, I think, the last day of July, and upon receiving a letter from my agent Mr. Fripps, I came to town last Sunday was se'n-night. My lodgings are at a coachmaker's shop. I keep a house to carry on business in the printing way . I found the room door lock broke, but the plate was not all taken away; there was as much plate left as is worth about one hundred pounds. I was at Mr. Fielding's on the last day of the prisoners examination, and he bound me over to prosecute. The evidence here can give a farther account.

Thomas Parker . I am a pawnbroker. I took this watch of Gregory, and Eddows was along with him. It is a shagreen watch with a gold dial plate. (Producing it.)

Q. Did you know Gregory before?

Parker. I knew him some time before that.

Q. What is he?

Parker. He is a second-hand shoemaker.

Q. What is a second-hand shoemaker?

Parker. That is a cobler.

Q. Did you know Eddows before?

Parker. I have seen him several times with Gregory.

Q. Where do you live?

Parker. I live in Wych-Street.

Q. to Prosecutor. Look at this watch.

Prosecutor. This is my watch, and was taken out of my room.

Richard Eddows . The first time we open'd Mr. Rayner's chamber was on a Sunday; there were Gregory, Roberts, and I.

Q. Where do you live.

Eddows. I live in the house of Mr. Virgoe, a coach-maker; Mr. Rayner's lodgings is in the same house.

Q. Had you any conversation about it before hand?

Eddows. Gregory and I had; I let him in. He call'd to see me one Sunday in the afternoon, and he and I went up.

Q. What day of the month?

Eddows. It is about five or six weeks ago, and Roberts came into the room to us in about half an hour.

Q. How did you get in?

Eddows. We open'd the door with a nail; that time we took out a bundle of gold lace, a paper snuff box, some little bits of silver, and a set of ear rings.

Prosecutor. The ear rings are not in the indictment.

Eddows. I went into the room a second time, that was on a Sunday, about a fortnight after, Gregory and Coleman were with me then. Then we took ten small silver table spoons, a silver pint mug, a silver boat, a silver cream pot, Mr. Rayner's coat of arms were upon them all; we took them away, and came again in the afternoon. Then we took four large spoons out of a case in a closet, some rum, a cannister, a pair of silver snuffers, some tea spoons, a silver strainer, and two punch ladies. We open'd a buroe and took out of it a purse with four gold rings.

Prosecutor. The rings are not in the indictment.

Eddows. We took a crown piece, some silver groats and three pences, to the amount of about four shillings. Then we went up into the two pair of stairs room, we had found the key of that room in the one pair of stairs room, we open'd a box and took out a shagreen watch, with a gold dial plate, the same as is here produced, and a diamond ring.

Prosecutor. The diamond ring is not in the indictment.

Eddows. Then we open'd the back room, and took two laced waistcoats, and a black velvet one, a china punch bowl, two small ones, and two small cups, one pair of stays, and three shifts.

Prosecutor. The shifts are not in the indictment.

Q. Had Coleman and Gregory been acquainted before?

Eddows. They had been together before in other things. Coleman brought Gregory with him. We could not tell where to sell the plate till we got acquainted with Michael Jacobs the Jew at the bar. When we carried the first plate to him, he said, if we brought all to him he would sell it for us, and it would be as staunch (meaning as safe) as if we threw it into the sea. He went and sold it, and brought as the money. We carry'd that to him which had the arms on it, and the rest was broke to pieces, and sold to silversmiths.

Q. Who had the money, and how much did you take of the Jew ?

Eddows. I believe we took of him about nine pounds. Gregory and Coleman had the money of him, they went to his house, and staid till he went and sold it. I had two pounds, three or four shillings for my part. Roberts had one shilling.

Q. What did you make of the other silver?

Eddows. I don't know. Gregory and I sold a large china punch bowl, and a couple of cups and saucers to Pettit at the bar. Coleman was along with us.

Q. Where does Pettit live?

Eddows. He keeps the Coach and Horses in the Strand, where the coaches use to resort. We told him they came from on board an East-Indiaman: it is the house where we used to spend most of our money. He did not doubt but what we said was truth. Gregory kept a cellar underneath his house, where he mended and sold old shoes. Gregory, Coleman and I, were taken up for a robbery, and carried before Mr. Fielding. Roberts ran away.

Q. from Jacobs. Whether that witness ever received any money of me, or ever saw any goods upon me?

Eddows. The next morning after we sold him the goods, he shew'd me a box of tweezers, which he had broke to pieces to sell.

Q. Had you ever any conversation with Roberts about robbing these lodgings?

Eddows. I never had.

Q. What goods did you take after Roberts came in?

Eddows. A bunch of lace, a set of paste earrings, a paper snuff box, and some rum.

Q. Was Roberts ever with you there afterwards?

Eddows. No, never.

Council. The lace is laid but at five shillings in the indictment.

Coleman's Defence.

I know nothing of the affair, any farther than this: I was coming down Queen-street one Sunday, and saw Eddows coming out of the house with a bundle. He said he had got some plate, and desired me to carry it to Gregory's cellar, which I did, and left it there, and know no more. I never had a farthing for any thing.

Roberts's Defence.

I never received a farthing.

Gregory's Defence:

This young man (meaning Coleman) brought a bundle and left it in my cellar, and Eddows fetch'd it away; and he desired me to go and pawn the watch, which I did, and put it in his name. What he has accused me of I am innocent of. I never received any part of the money.

Jacobs's Defence.

I am very well known for many years to live honestly in this city. I never did a bad thing. I am as innocent as a child of a year old. Sometimes I go about the streets to buy with a shilling, sometimes eighteen-pence, but seldom more.

Pettit's Defence.

What the evidence has said concerning me is very true.

For Coleman.

Thomas Gibons . I have known Coleman seven or eight years, he has work'd for me within these four months.

Q. What is he ?

Gibons. A coach carver. He always kept his time, and minded his work very well.

Q. What is his general character?

Gibons. I take it to be very good, for what I know.

Robert Swannel . Coleman work'd with me three months. He always kept his time very well; he had once before work'd with me for two months. I always took him to be a very honest man.

John Jackson . I have known Coleman seven years; I know nothing at all but that he was very honest.

Q. Have you known him lately?

Jackson. I have known him within these three months; I live next door to his grandfather that brought him up.

William Coleman . I have known Coleman about six years till lately.

Q. Is he a relation of yours?

Coleman. No, none at all. I have spent many an evening with him, I never heard any thing bad of him.

Jonathan Stevens . I have known Coleman eversince he was about five years old, I am a lamp lighter. I never heard any thing amiss of him in my life.

Mr. Foster. I have known Coleman above twelve years; I never knew but that he was a very honest young man, and always thought him so.

William Wright . I have known him some time; he bears a good character. He has work'd for me, and has had an opportunity of wronging me, but never did to my knowledge; I know no ill of him.

Mr. Ayres. Coleman work'd for me last winter, and the spring of the year. He always behav'd as well with me as any young man could, six days in the week early and late, and lay in the house when too late to go home, and he might have done me great diskindness if he had been so minded.

Francis Miller . I have known Coleman seven years and above, I never heard any harm of him. I have known Roberts also these two years; I always thought he had a good character. He has been in my house a great many times.

Q. What are you?

Miller. I am an harness maker by trade, and keep a publick house.

For Roberts.

Samuel Butler . I live in Great Queen-street. I have known Roberts two or three years, since he has been apprentice. He has an extraordinary good character. I always understood him to be a very honest lad.

Mrs. Straban. Roberts is my husband's apprentice (he is a barber) and has been almost seven years, during which time he has had a very good character. We never knew him wrong us in all that time. He is a very quiet sober lad. His time will be out in January next.

William Boyce . I am a coach maker; I knew Roberts since he first came apprentice in our neighbourhood. He is a very obliging lad. He has had an opportunity of taking five times as much out of my house every day. I always took him to be very honest.

Mr. Scot. I live in Queen-street, next door to Roberts's master. I have known him ever since he was apprentice. He is a very honest sober lad, I never heard any ill thing of him. He has been at my house backwards and forwards.

Edward Rooker . I have known him about two years and upwards. He always was a very honest lad.

Mr. Best. I have known Roberts about three years. His behaviour was very good as far as I know. I never heard a bad thing of him before this time.

Mr. Pitts. I have known Roberts near seven years; he has been at my house a great many times. He is a very honest sober young fellow. I never heard any dishonest thing of him till this time.

Mr. Pemberton. I keep the Queen's Head Tavern, Queen-street. I have known Roberts seven or eight years.

Q. What is his general character?

Pemberton. As good as any man need to have. He has been in my house to shave people when money has lain on the table. I never knew him do any ill thing. He was a diligent lad in his master's business.

Mr. Bailey. I live in Great Queen-Street, and have known Roberts from the first day he came apprentice. He always behaved sober, and in as good a manner as any young fellow in the world.

For Gregory.

Edward Ward . I have known Gregory some years, and I always took him to be a very honest man.

Thomas Knight . I have known Gregory from a child; he was always an honest young man. I never knew him to go before a justice in my life before.

Daniel Loveless . I have known Gregory between eight and nine years. He has a good character.

John Bredau . I have known him between six and seven years. He always had a good character till now.

Thomas Camden . I have known Gregory from between four and five years of age. I never knew any harm of him till now.

For Pettit.

Mr. Addington. I know Mr. Pettit, he is a housekeeper and a man of credit. I have dealt with him for hundreds of pounds, and I would trust him with a thousand pounds tomorrow.

Coleman and Gregory

Guilty , Death .

Roberts acquitted .

Jacobs guilty .

Pettit acquitted .

[Transportation. See summary.]

(M.) Brent Coleman and John Roberts were a second time indicted, for that they in a certain field or open place, near the king's highway, on William Saunders did make an assault, putting him in corporal fear and danger of his life, and taking from his person one silver watch, value 10 s. and 12 s. in money, his property, and against his will , August 27 . +.

William Saunders. On the 27th of August, a little after ten, I was coming from Highgate to London, through a field where is a gravel path, near the Half-way House, called Mother Red Cap's .

Q. Was it light or dark?

Saunders. It was a very moon-light night.

Q. Was you in company or alone?

Saunders. I was alone; there were four men one of them came up, laid hold of my collar, and demanded my money; two of them drew out a pistol; I beg'd of them to put the pistols aside, for I could not bear to be in such fear; they laid them on the ground while they took the money out of my pocket; two or three of them had their hands in my pocket.

Q. What money did you lose?

Saunders. They took about 13 s. from me, and unbuckled my shoes, but seeing my buckles were not silver they did not take them. Then they took my stock off, and after that my watch out of my fob. Then they cut my breeches down at the waistband, and went off towards Mother Red Cap's. I beg'd and pray'd of them to give me my watch again. They ask'd me where I lived. I told them. They said they would send it me very soon, so I went home.

Q. Have you seen your watch since?

Saunders. I have. I went the next morning and gave a description of the men, and the colour of their cloaths to Mr. Fielding.

Q. How did you describe them?

Saunders. Two in dark, and two in light brown cloaths, with clean shirts and cravats on, and all sticks in their hands; and some of the sticks had knobs to them.

Q. Did you see them before they attacked you?

Saunders. I saw them all coming up the field very clearly before they came to me; three of them were taken the same night, that I gave information of them in the day. Last Tuesday was a week I saw them before justice Fielding, where they were in the same cloaths that they had on when they rob'd me. I can take upon me to say that two of them at the bar are the men; they appear to be like two of them, and Gregory as another.

Q. Why is he not at the bar?

Saunders. He is in the indictment by a wrong christian name; it was a mistake in drawing it up. Edward instead of Richard, so he is not put to the bar now.

George Grace . Mr. Saunders came to Mr. Fielding's last Sunday was a week, in the morning, and gave a description of four men, that he said rob'd him the night before; the justice had sent out men, and they were quite tired, so he desired I would go out on this occasion, which I did; it was on a Sunday night. We met them in the second field from Mother Red Cap's, and went directly up to them. As soon as they saw us they drop'd down one pistol.

Q. What time of the night was this?

Grace. It was near eleven o'clock.

Q. Was it light or dark?

Grace. It was duskish. We took three of them, Roberts made his escape.

Q. What three?

Grace. Coleman, Gregory, and Eddows. We carried them to New-Prison, and the next morning to justice Fielding. Coleman was dressed as he is now, and I believe Roberts was dressed then as now. Two men set out after him the next morning, and took and brought him to the justice. I went to Pettit's house, where I found Gregory lived, and thought to find Roberts there. Pettit ask'd me if I would see Gregory's lodging, which was in a cellar. I went into it, and there I found this watch (producing a silver watch) under the bolster of his bed.

Q. Who was with you when you found it?

Grace. Nobody but Pettit. Gregory was then in New-Prison. (He produces a borse pistol also.) This one of them drop'd, but I know not which.

Q. to prosecutor. Look upon this watch.

Prosecutor. This is the very same watch that I lost that night.

Q. What Gregory was that which you took?

Grace. It was that Richard Gregory who was cast upon the other indictment.

Cross Examination.

Q. What was your business out that night?

Grace. I was sent with others in order to apprehend these people which were described, that committed the robbery in these fields.

Q. How often had you gone out on such occasions?

Grace. I never went before in my life.

Q. Who did you say ran away?

Grace. Roberts did.

Q. How far was you from the man that ran away ?

Grace. I was about eight or ten yards distance from him.

Q. Are you sure it was he ?

Grace. I think I am certain of him; he was in the same dress as when at Mr. Fielding's, and the same as now.

Richard Eddows . I was in company with the two prisoners at the bar and Richard Gregory on a Saturday night the day before we were taken. Gregory, Coleman, and I met Saunders in the field coming from the Half-way-house, call'd Mother Red Cap's; he was coming to London about ten o'clock at night. I held him. Gregory and Coleman pull'd out two pistols, and held them to his breast. Gregory pull'd 13 s. out of his pocket, and Coleman took his watch. Roberts unbuckled his shoes, but the buckles were not silver, so he let them alone. Then he unbuckled his stock buckle, which was silver, but he begging hard for it he gave it to him again. There were two handkerchiefs in his pocket, which, I believe, Gregory and Coleman took out. We cut his breeches down and left him. He ran after us with his breeches about his heels, and ask'd us to let him have his watch again, which we told him he should have on Monday. The next morning we all four went on board a ship, but did not stay long there. We took a coach and came to Pettit's, where we had two or three pots of beer, and shared the remainder of the money that was left. Gregory had the watch of Coleman, and left it in his cellar, where we were that afternoon. I saw it put under Gregory's pillow, and then Gregory ask'd us to go along with him on the same account again that night, so we were taken.

Q. to Grace. Who took Roberts?

Grace. Mr. Marsden took him.

William Marsden . I live with Mr. Fielding, and was sent with Mr. Grace in order to apprehend four persons which the prosecutor had described, at about half an hour after ten, on a Sunday night.

Q. Was it light or dark?

Marsden. It was as light almost as noon day. It was agreed upon amongst us for one of us to be rob'd, and I was the person pitch'd upon for that purpose. I was the first person that came up with them. There were Gregory that has been tried, Coleman, Roberts, and Eddows. Roberts ran away, and we took the other three.

Q. Are you sure it was Roberts that ran away?

Marsden. From the first time I saw him I knew him ever after. Eddows's father applied to me and said, if his son could be admitted an evidence, he would apply to the taking the other that had ran away; so he gave information where he was to be found, and that his mother had been seen at the Magpye near Bishopsgate, where I went and saw Roberts sitting in the corner of the room. He had a coat on with brass and steel buttons, and in the cellar, under Pettit's house, I saw the waistcoat that fellow'd it. I went and sat down by him and said, you are one of the persons that got away last night, and if you will go quietly with me, I'll call a coach and take you home.

Coleman's Defence.

I never saw Saunders before I saw him at Mr. Fielding's, nor the watch neither; I was not in the fields the night Saunders mentions, nor was I in company with Eddows.

Robert's Defence.

I never saw the watch in my life. This young fellow, the evidence, has swore to save his own life. I never saw the prosecutor before I saw him at justice Fielding's. I never was concerned in any robbery.

To Roberts's Character.

Mr. Penford. I live next door to Roberts. I have known him ever since he was apprentice, and he has behaved himself all along very well. I never heard any thing amiss of him till lately. My boy and he were very intimate, and he used to come to my house every day.

William Keith . I have known him ever since he was seven years old; he had an exceeding good character. I never heard any thing amiss of him in my life.

Daniel Cooper . I have known him eight years; his behaviour in his apprenticeship was very industrious, always in his business. I never knew him out of the way in my life. His character was universally good.

Leonard Keith . I have known him about six years; he is as industrious a lad as any in the world. I never heard any thing amiss of him till this affair.

Both Guilty , Death .

335. (M.) Brent Coleman and Richard Gregory were a 3 d time indicted with Thomas Price , for that they on the king's highway, on Thomas Allen , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one silver watch, value 5 l. one pair of silver shoe buckles, value 15 s. one hat, value 7 s. one handkerchief, value 6 d. one horsewhip, value 3 s. and 20 s. in money numbered, his property , August 3 . ||

Thomas Allen . Coming from Barnet races on horseback, on the 3d or August last, in Pancras Wash , between ten and eleven at night, by moon shine, I being in a bottom as it were between two lights, saw a man coming. He catched hold of my horse's bridle. I was surprised. He was on foot. I received a box on the left ear with a hand; then I saw four men all on foot. I had a brace of pistols put to me, one on each side.

Q. What was said to you?

Allen. I can't recollect any words said. The fourth person pull'd my watch out of my pocket, and my buckles out of my shoes; after that my money out of my breeches pocket, and some halfpence out of my coat pocket, and one single farthing out of my waistcoat pocket, and my whip. He went to give me a stroke with it over my face. I held up my left arm, and it went under my arm. Then they dismounted me by the right arm, and gave my horse a stroke with the whip, and sent him down the lane. Then they cut my breeches down, and one of them said d - n him take his hat; then they left me. When I was putting my breeches up I found this hat ( producing one) lying by my foot, which at that time I did not know but it was my own, but found it out next morning. Bell the evidence says it is his hat.

Q. What sort of a watch was it?

Allen. It was a silver one. I bought it in June last, the name William King , No. 65.

Q. Did they say any thing to you when they put the pistols to you?

Allen. It was something like (Baw-waw) what I could not understand.

Q. Do you know either of the prisoners?

Allen. I cannot say whether these are the men or not.

Q. How were they dress'd?

Allen. I can't tell how. I was in a hollow place, and the moon did not shine into the wash; it was so dark I could not tell their dress. This was on the Wednesday. On the Thursday I went to justice Fielding's, and gave an account of the robbery; and after that he sent me a letter that the rogues were taken, and the watch found.

Q. How long was that after the robbery?

Allen. That was about a month after. I went and saw them at the justice's last Tuesday was se'nnight.

Robert Bell . I was in company with Gregory, Price and Coleman, the prisoners at the bar, in Pancrass Marsh, one day of the Barnet races.

Q. Where did you meet them first ?

Bell. We all met together, and consulted in the day time. I believe it was in Exeter-street, I think sitting at the Swan alehouse door. We were all of us to meet at the Crown, almost opposite Hungerford Market; we met all of us, I can't be positive as to the time, it was dark, I believe it might be near nine o'clock; then we set out to go a robing. We went up into Hampstead road, and met a great many people, but rob'd nobody, till at last the prosecutor was coming from the races. He turn'd down a road that went towards Pancrass Church from Hampstead way. When we first saw him we were in Hampstead road. We made the best expedition we could cross the fields, all four of us, to meet him in the wash; we met him there, I can't be positive who laid hold of his horse's bridle, but I laid hold of him by the arm, and put a pistol to his side, I could not reach his head. I believe Price took the watch out of his pocket. (The watch produced in court.) This is the very watch, I pawn'd it myself. Somebody else took his shoe buckles out, and his money out of his pocket, but who I can't tell. I believe Price took the whip out of his hand. He made some resistance, and Price thought he would not let it go, so Price cut him cross the face. He had a hat on his head, which we imagin'd to be better than mine, which Coleman had on at that time, I am not positive who took it. After that they whip'd his horse away, and we made the best of our way cross the fields for town. This hat that the prosecutor has produced here was my hat, and what Coleman had on at that time, and Coleman put his hat on.

Q. from Price. What day was this, or what time of the day ?

Bell. To the best of my knowledge it was between ten and twelve. I do not know the day of the month. We went to a publick house near the edge of the town, I think it was the Robin Hood in Holbourn, just by Little Queen street. We found some half crowns, some shillings, some halfpence, and a silver groat. I can't be positive to the sum, because those that took the money out of the prosecutor's pocket, sunk some of it; we had each of us about half a crown. Then we went to our lodgings. I then lodg'd in Bolton-street, at a coach-maker's.

David Spires . Bell brought a silver watch and pledg'd it with me on the 4th of August; the same that is here produced.

Q. Did he come alone, or was any body with him ?

Spires. He came alone.

Q. Do you know any of the prisoners ?

Spires. I know none of them but Coleman; I have seen him.

Q. Did you know Bell before he brought this watch to pawn?

Spires. No; I never saw him before that time.

Thomas Street. I was at the taking of Coleman, and in searching his pockets I found this seal. ( Producing one.) It is a very remarkable seal.

Q. to prosecutor. Look at this seal.

Prosecutor. This seal was belonging to the watch which I lost that night.

Price's Defence.

I know nothing at all of the robbery any more than of my dying day; as to Bell I never saw him till at justice Fielding's. I was drinking in Hedge-Lane, at the Two Chairmen, with two young fellows, but they are out of town with their masters.

Gregory's Defence.

I know nothing of the affair.

Coleman's Defence.

I know nothing of the affair I assure you.

Q. to Bell. What is Price?

Bell. He was coachman, as I have heard say, to my lord March; I have been acquainted with him some-time. Price and I were in company at the Red-horse, and there came in a bailiff and arrested him. I made some opposition, and said it was a pity the man should go to gaol for three pounds. Price got up and walk'd out, and the bailiff did not offer to touch him. Then they came and secured me, and I was sent to New-Prison.

Q. How long is this ago?

Bell. It is between three weeks and a month ago.

Q. How long was this after the robbery?

Bell. I can't say; I know it was after the robbery. The bailiff is here that arrested Price; his name is Rudge.

James Rudge . On a Thursday night, this day three week, I arrested Price at the Red-horse, Bell was in company with him at the time. My brother officer wanted to get more assistance. They hustled me. Bell said he should not go with us if I was to bring more officers, for he said he had got a rare chieve in his pocket. Price proposed Bell for one of his bail, but in the midst of it Price got away.

For Price.

Francis Row. I keep coaches and horses. I have known Price from a child. He was brought up a coachman, and has lived in several good gentlemens families. I never heard any harm of him in my life before this.

Q. Did you ever hear any ill of him in August last ?

Row. No.

Q. Do you know Bell?

Row. I did not till he was in prison.

Q. How long has Price been out of employment?

Row. I cannot say.

Q. Can you take upon you to say you have known him employed within this half year.

Row. No, I cannot.

Mr. Hanson. I have known Price about eight years; I never knew any harm of him in my life.

Q. What are you?

Hanson. I am a chimney-sweeper. Price lodged in my house about a month ago.

Q. What place was he in while he lodged with you?

Hanson. He was out of place.

Q. Do you know either of the other prisoners?

Hanson. I do not. I reckon Price a very honest man. He always kept good hours.

Q. Do you know Bell the evidence?

Hanson. No; I never saw him till he was in confinement.

Benjamin Brown . I live at the Two Brewers in Hedge-Lane, and have known Price some time. He has been coachman to my lord March. He used my house.

Q. Do you know Bell?

Brown. No, I do not; I don't know that I ever saw him before.

Q. Was he never at your house?

Brown. I can't recollect seeing him there. I remember I saw Price at my house one night when I came home from Barnet races, but I can't tell the particular day. I was there three days, and I remember it was the very last day of all the races.

Q. What time did you come home?

Brown. I came home between ten and eleven at night. Price and two or three others came into the house after I came home.

Q. Did you know the others?

Brown. I did not take much notice of them; I did not know who they were.

Q. How long was it before twelve o'clock that they came in?

Brown. I am positive it was before twelve. I can't tell how long before; it might be a little after eleven.

Q. What time did they go away?

Brown. I believe they staid till almost twelve. Price has used my house almost two years.

Christopher Spate . I have known Price from a little boy; I never knew or heard any ill of him before now.

Q. Have you known him lately?

Spate. I have not lately.

Thomas West . I have known Price five or six years.

Q. Where did he live within this half year?

West. I can't say. I have sold him a hat or two. I never heard any thing bad of him till now.

Q. Do you know Bell?

West. I do, very well.

Q. How long have you known him?

West. A great many years.

Q. Have you seen Bell and Price in company together?

West. I have once. I saw them coming from Westminster together. I stop'd and spake to them.

Q. How long is that ago?

West. That is about two months ago.

Q. Was you ever with them together at a publick house?

West. No.

John Robertson . I have known Price two years; he is a very honest man for what I ever heard.

Q. Have you known him lately?

Robertson. I only knew him when he lived with my lord March, about two years ago.

Q. to prosecutor. What day of the races was it that you was rob'd ?

Prosecutor. It was on the 2d day of the races, being the 3d of August.

Q. Was the second day the last day of the races?

Prosecutor. No; I know I was not rob'd on the first or last day of the races.

All three guilty , Death .

(M.) Thomas Price was a second time indicted for that he in a certain field or open place, near the king's highway, on James Labross did make an assault, putting him in corporal fear and danger of his life, and taking from his person one metal watch with a shagreen case, value 3 l. one guinea, one half guinea, and 5 s. in money number'd, his property , July 22 . ||

The prosecutor being a foreignor , and not speaking English, an interpreter was sworn.

James Labross . As I was going home, about a quarter after ten at night, over the fields, there came two men; I went out of the path to let them come by, but they attacked and rob'd me of a green purse, a guinea, half a guinea, five shillings in silver, and a metal watch with a shagreen case.

Q. What field was it?

Labross. In the first field, near the King's-Arms, going from Cavendish-Square to Marybone. I was coming from the Queen's-Head, Oxford-Road.

Q. Did you observe their persons?

Labross. It was dark, I could not observe them: but I saw one was taller than the other.

Bell the evidence was much taller than Price.

Q. Did you ever get your money or purse, or watch again?

Labross. No; but the watch is in court.

Robert Bell . I can't say I know the gentleman; I believe it was about two months ago. Price and I had been to a French house at Marybone, where they sell a'amode beef. We staid there pretty late playing at cards, till it was dark. Coming along from thence, in the path way, between Marybone and Cavendish-Square, in the first field, we met a single gentleman, and passed by him. Price turn'd about and said, ''Bell, let's do that man.''(meaning rob him.) We turn'd back, walk'd very fast, and overtook him as he was about the middle of the path. I took hold of him by the collar, and only held my knife to his neck, for I had never a pistol; he making some resistance I flung him down, took out his watch from his sob, and, I believe, half a crown or three or four shillings in silver; we left him on the ground, and made the best of our way to town.

Q. Did you take no gold from him?

Bell. If Price took any he kept it to himself.

Q. What sort of a watch was it?

Bell. It was a Pinchbeck watch in a shagreen case. I tried the metal with aquafortis, and am sure it was not gold. In pulling at it to get it out of his pocket, part of the pendant came off with the string; so I was obliged to put my finger into his sob to get it out.

Q. Did you strike him?

Bell. No, we neither of us struck him. I knock'd up his heels. After that Price and I were at the Blue Boar's-Head, in King-Street, Westminster, and being short of money he ask'd a person to lend him a guinea on this watch; we were playing at cards. The gentleman being an acquaintance of Price's, he said to me let him have the watch, he will lend you a guinea on it, the man imagining it to be my watch. I pull'd it out, and Price took it out of my hand, an d in a hurry gave it to him.

Q. What did Price say when he gave it to him?

Bell. I can't say: Price took the guinea of him.

Q. What is the man's name?

Bell. His name is Chapman Horner.

Chapman Horner. Bell and Price came to me to hire a horse; I keep a livery stable.

Q. What day was this?

Horner. I can't tell the day; we went and drank a tankard of beer together in King-street. I believe Price first mention'd this watch, and desired me to lend him a guinea on it for a week.

Q. Who gave it into your hands ?

Horner. Price did (producing the watch.)

Prosecutor. This is my watch, which was taken from me that night.

Horner. I lent Price a guinea on it.

Q. from prisoner. Did not Bell desire you to lend him a guinea on it?

Horner. I can't say I knew Bell at that time. Price said he'd give me the guinea again. I met him after that, and ask'd him why he did not come for the watch, it being useless to me; he said, if you are going home I'll come down to you this evening and fetch it away.

Q. to Bell. Did not you take a purse from the prosecutor?

Bell. I never saw any purse.

Prisoner's Defence.

I know nothing at all of it, nor ever saw the man in my life. I saw Bell have that watch in his pocket above a fortnight or three weeks before he offer'd to make away with it I was at the Lebeck's Head in the Strand at the time this man swears he was rob'd, where I quarrel'd, and am in recognizance to appear at Hicks's Hall for striking a man there.

Guilty , Death .

336, 337. (M.) James Cooper and Elizabeth Lawrence spinster , were indicted for stealing 6 hollandshirts, value 30 s. three linen shirts, value 8 s. two muslin neckcloths, two lawn neckcloths, and one Irish stuff gown , the property of Thomas Simpson , July 24 . ||

Thomas Parker . I live in Wych-street, and took a stuff gown in pawn of the prisoner Cooper, about 7 or 8 weeks ago.

John Ashburner . I live in the Strand, and took in a shirt of Elizabeth Lawrence on the 25th of July last.

Isaac Miller . I live in Princess-Street, Drury-Lane. I took in two shirts, one of Cooper, the other of Elizabeth Lawrence , both on the 25th of July last.

Q. Did they come together?

Miller. No.

Catherine Simpson . I am wife to Thomas Simpson ; we live in Duke-Street, St. James's . I lost six holland shirts, five made and one partly made, and an Irish stuff gown, on the 24th of July. I went out at about half an hour after twelve, and return'd and missed them about nine at night. I know nothing of the prisoners, I never saw them before to my knowledge. I double-lock'd my door at going out, and it was only upon the spring when I return'd; but there was no violence done to the lock. I found two shirts in another place. [Six shirts and a gown were produced in court and deposed to.] Elizabeth Lawrence own'd that she pawn'd one of the shirts to Mr. Ashburner before justice Fielding. She was stop'd, going to pawn other things, on the 15th of August. I saw them both on the 16th; Cooper own'd he had the things, but said he did not steal them.

Q. Did you mention them all particularly?

C. Simpson. I did.

Mr. Woodward. I am a constable. The two prisoners were stop'd at a pawnbroker's in Long-Acre about the middle of last month. I took Cooper to the Round-house, and next morning I saw two keys lying in the area belonging to the Round-house. I searched Cooper, and found three other keys in his pocket (5 chamber door keys produced) these are the keys; he own'd he threw the two keys where I had found them. The prosecutrix produced the key to her door, which exactly agreed with one of the five for wards and size. At last Cooper confessed he had taken the things, and that he had given some of them to the woman to pawn.

Cooper's Defence.

I told Mr. Fielding the man that gave me these goods was gone on board a privateer.

Cooper guilty .

Lawrence acquitted .

(M.) They were a second time indicted for stealing eight linen aprons, value 6 s. one lawn apron, value 2 s. one silver table spoon, value 9 s. one pair of shoe buckles, three tea-spoons, and one linen gown , the goods of Mary Newton , August 3 . ++

It appeared that this was perpetrated in the same manner as the former fact; one of the five false keys found upon Cooper agreed with that of the prosecutrix's key to her door, and some of the goods were found pawn'd by Lawrence. Cooper confessed this and divers robberies of the same sort.

Cooper guilty . Lawrence acquitted .

[Transportation. See summary.]

338, 339. (L.) Ann Gibbs and Mary Pearcy , spinsters , were indicted for stealing three pieces of foreign gold coin, call'd 36 s. pieces, three guineas, one half guinea, and 7 s. in money number'd, the property of John Lowe , privately and secretly from his person , August 22 . ++>

John Lowe . I live at the Axe Inn, Aldermanbury.

Q. In what capacity?

Lowe. I am an hostler . I happen'd to be with Mary Pearcy on the 21st of August, at night, who ask'd me to go with her to her lodgings, and she took me to a place where I never was at before, call'd Blackboy Alley ; there we went to bed together.

Q. Was you in liquor?

Lowe. Not a great deal in liquor; I had had a pint of beer.

Q. What time of the night did you get there?

Lowe. It was eleven o'clock when we went into the house. I was awaked at two o'clock by a girl's coming up to ask me whether I had been asleep. I said, yes. She said, what have you done with your bedfellow? I looked and said, here is the nest, but the bird is flown. She said, then, I believe, your money is gone. I made the door fast when we went into the room, so that nobody could get in. I found she had left her stays upon the bed, and my breeches were pull'd from under my head, and part of them hung down on the bedside. When I went to bed I had my money in my pocket; three thirty-six shilling pieces, three guineas, one half guinea, and seven shillings in silver, which I found was all gone. I went down stairs, and there was another young man with another girl in a room there. I call'd him by his name, and said, come get up, for all my money is gone; I have lost more than I ever had in the world, for some of it is not mine. He felt in his pockets, and said his was safe. The people of the house would have turned me out, saying I had no business there. I staid till it was light, between four and five in the morning. Then I went home and told my fellow servants of the misfortune I had had. I got a man to attend in the stable, and took my fellow servants to the house with me, when the people and girls that were there, were for putting us out of the house again; then we inquired where the constable lived. A man opening his shop windows said, what do you want a constable for? I fancy I know your misfortune, you have had your pocket pick'd by two girls; I fancy they are just gone down the street drunk, with two or three thirty-six shilling pieces and some silver, I saw it in one of their hands. We went and inquired about, and found they had been buying some stockings in Field-Lane. I went to the shop, and was there told they had bought two pair of stockings, and that the girls were gone down towards the Fleet-Market but two or three minutes before. We went down the market, some on each side and some in the middle, but we could not find them. Then I went to the stocking shop to know what money they had changed, where the boy said it was half a guinea. I asked him to describe it, which he did, and I knew it to be mine. We went about and found them buying shoes and pattens at a shoemaker's shop on Snow-Hill. We took them, sent for a constable, and carried them before the sitting alderman. In searching them some money was found upon Gibbs, a thirty-six shilling piece, and some silver.

Q. Which of them went to bed with you?

Lowe. Pearcy did.

Q. What do you charge the other with?

Lowe. All I know against her is, she was with Pearcy when I took her up.

Q. Did you know Pearcy before?

Lowe. I never saw her before that night.

John Burton . I am a hosier. These two prisoners at the bar came to our shop to buy some stockings, on the 22d of August. I chang'd a half guinea for them.

John Williamson . I am a corn chandler. I changed half a guinea for John Burton on the 22d of August After the two girls were secured, the prosecutor came to the hosier's where John Burton is servant, and asked to see the money that they changed. I having changed the half guinea for Burton, the prosecutor said he could tell it from a hundred. I desired him to describe it, he said it was a crooked one, and plain on one side. I took out a half guinea, he said that is not it. Then I took out some money with a half guinea amongst it, he said that is it, I can swear that was mine before you turn it; it lay with the head upwards in my hand. He said the scepter side was quite plain, which it was. It is a very remarkable one, (produced in court.)

Lowe. This half guinea was amongst the other money in my pocket when I went to bed that night. I took it on a Monday in the afternoon of Mr. Scot, a Yorkshire gentleman.

Q. What are the particulars of it?

Lowe. It is a king Charles's head, plain on one side, and not a letter to be seen on the other. The bench and jury look upon it. I disputed taking it, and was for returning it, but as my mistress knew the gentleman, I thought there would be no dispute.

Q. to Burton. Look at this half guinea, is this the half guinea you received of the prisoners to change?

Burton. This is the same, I received it of Gibbs, and she gave the change to Pearcy. I was very scrupulous of taking it.

Pearcy's Defence.

I met this man, he ask'd me to drink; I would not, and he followed me quite home. He carried me into this house, and gave a shilling for a bed, and gave me another. He bid me undress myself, I did so, and went into bed; he sent a woman for a pot of beer, and change for a shilling. I drank a little of the beer, and he went to sleep. About twelve o'clock came in a young woman, and said, here is the watch and constable coming. I got up and dress'd me, but in the fright I left my stays on the bed, and went down stairs. I never saw a farthing of the money, only that shilling he gave me.

Gibbs's Defence.

My father sent me up a 36 s. piece, and a golden guinea. I went up the market, and met with Mary Pearcy . I ask'd her to go with me to buy some stockings, and after that a pair of shoes.

Both acquitted .

340. (M.) James Swaines was indicted for that he on Ann Griffith , spinster , did make an assault, on the king's highway, putting her in corporal fear and danger of her life, and stealing from her six yards of woollen cloth, value 7 s . August 9 . ++

Ann Griffiths . On the 9th of August I came by the Cambridge waggon to the Bell at Edmonton, it was about eight at night when I got there. I was going to Southgate, and proposed to walk on foot from thence. The waggoner directed me which way to go. The prisoner at the bar came to me as I was getting out of the waggon, and hearing me say where I was to walk, ask'd me if he should carry my bundle for me.

Q. Did you know him ?

A. Griffiths. I never saw him in my life before. I told him no. I did not want him nor any body she to carry it. I was very able to carry it myself the little way I had to go. He said no more but went his way; and met me a little beyond Wyre Hall .

Q. How far is that from Edmonton ?

A. Griffiths. It is about a mile; there he insisted upon carrying my bundle, I said he should not; he said he would, and took it away by violence. I was much affrighted. He swore he would lie with me, I said he should not. Then he said d - n you, you eternal bitch, what was man and woman made for, but to make use of one another, and I'll make use of you, or I'll lip you from shoulder to flank. He wanted me to go over a field out of the path, and I would not; he threw me over a gate twice, then he drag'd me about, and threw me into a ditch. I was bruised all over my stomach. legs and thighs, he tore my handkerchief and things, and said d - n you I'll have my ends of you, and if you don't let me the next time I meet you, I'll murder you by G - d, and made many attempts to lie with me.

Q. What was in the bundle?

A. Griffiths. It was a stuff gown, not made up, for my next door neighbour. When I came up to the bridge at the New river. I call'd out murder as loud as I could; he said d - n you, you bitch, if you speak a word I'll throw you into the river. Then I durst not speak for my life, but sob'd much. Then he said if you sob or offer to cry, you shall go into the river. Then I durst not look one way nor another. I got an opportunity and ran from him. There was a butcher came out hearing me call murder. I said for God Almighty's sake come here, for I am rob'd, and expect to be murdered. He ran away up a lane, the people took me into a house, where I staid all night, and in the morning I sent word to my mistress what had befallen me.

Q. Who is your mistress?

A. Griffiths. I am servant to Mrs. Bristin of Southgate.

Q. Did you meet nobody on the road?

A. Griffiths. I met a man and a woman as the prisoner was coming after me. I ask'd what that man was that followed me. The woman said to the man, do you think this young woman can trust herself with that man; the man said yes, he is a very honest man; they were turning to go towards Winchmore Hill. My mistress sent a person to Winchmore Hill to inquire for these people, by which means we found out the prisoner, as I perceived they knew him. I described him so plain, that the constable John Newland brought him to me. We went before justice Colebrook, where he was examined. He confessed he took the piece for a gown, but said he did not use me so ill as I said.

Q. from prisoner. What field was it that I wanted you to go into ?

A. Griffiths. I don't know exactly, because I am but a stranger there.

Q. from prisoner. What ditch did I drag you into ?

A. Griffiths. Into a ditch between here and the Fox. (The cloth produced) This is the cloth he took from me.

John Nowland . I am headborough. The prisoner was taken by one John Bellows , who is not here. He delivered him into my custody. I examined the woman what she had to say against him, and to the best of my knowledge she said the same as now. I asked the prisoner how he came to do so. He said he had got the stuff, and it was at his house; that as they were going over the fields, after he had taken the handkerchief from her to carry, he lost it out of the handkerchief, and he went that way as he came back and found it. I took him before Mr. Colebrook, who examined him, and the young woman charged him in the same manner there as now. The prisoner was very insolent, and said he had as lief go to gaol as to go home, for he had done nothing that he was ashamed of. He was ask'd if he had any body to speak in his behalf, and he said he wanted nobody. He was committed to New Prison.

William Green. I saw the prisoner along with the prosecutrix, at a place call'd Tanner's-End, going to Wyre-Hall. She ask'd me if I knew that man before he came up to her. I told her I did, and he had work'd with me many a day.

Q. Who was with you?

Green. My wife was. I told her I thought she might go home very safe with him, and I wish'd her a good night.

Q. to prosecutrix. Is this the man you mention'd that met you?

Prosecutrix. This is the man, and his wife was with him; he told me he knew the prisoner, and he thought I might go home with him very safe.

Sarah Man . I saw several marks of violence on the prosecutrix when she came home.

Q. Where do you live?

S. Man. I live next door to where she lives. She told me she had been very ill used by a man, and that he had drag'd her over a gate twice.

Q. Did she say who it was?

S. Man. She said it was the prisoner.

Q. Did she name his name?

S. Man. She did.

Q. Was this assoon as she came home?

S. Man. It was after she had been before the justice.

Q. Where were her bruises ?

S. Man. There were bruised places on her arms and thighs as broad as my hand; she told me of it the day she came home, but did not then say what the man's name was.

Q. Where did she say she had been used thus ?

S. Man. Between the Bell at Edmonton and Southgate.

Prisoner's Defence.

I was at the Bell corner, when the woman got out of the waggon; she came up to me, and asked me if that was the way to Southgate. I said I would shew her the way, and she said she should be obliged to me. She gave me the bundle to carry. I overtook that man and his wife. We walked together as contented as any two in England, till we came to Wyre Hall, where I open'd a place for her to go through. She said she would not go that way, and after she had gone three parts up the field she came back again. Then we went on to Mr. Bellows's, just beyond which we met a man driving a calf along. When we came to the New-River there was a butcher. She took hold of my arm, and said she would not have me go any farther. I kissed her and parted, and she immediately said I had rob'd her. I said to her stay, if I have lost any thing I'll go and see for it, and ran back. She came hollowing after me. This bundle was drop'd where I open'd the gate twice for her. I took it to my house, and about one o'clock the next day she and two men came. I went with them to the sign of the Bell, where they open'd the door and said, do you know that young woman. I said I don't know, but if it is she that I walk'd with, I have a bundle of her's that I lost last night. They would not let me fetch it, but took me into custody. This past on till the Sunday se'n night, and then they took me up with a fresh warrant.

Q. to Constable. How long after this charge of the robbery was it that the man was taken up ?

Constable. We took him up the next day after the robbery, and carried him before justice Tashmaker. He examined the woman, and heard a little of what she had to say, but he made slight of it, and bid the prisoner give the woman her stuff again; and go home about his business. About nine or ten days after came a warrant from Mr. Colebrook to take the prisoner up.

Q. How came this about?

Constable. I gave the prosecutrix her stuff upon Mr. Tashmaker's order. She returned me the stuff again to keep till it was try'd, and said she would have a warrant from justice Colebrook.

Q. How long was this after you had been to justice Tashmaker ?

Constable. About two or three days after; she said justice Colebrook was in London, and when he came home she would go to him.

Q. to Green. How long have you known the prisoner?

Green. I have known him about twenty years.

Q. What is his general character?

Green. I never knew any harm of him.

Q. Was he reckon'd an industrious man?

Green. He was not reckon'd an idle fellow.

Q. What then?

Green. A drunken fellow.

Q. Had he the character of an honest or a loose man?

Green. He had not a good character; but I never knew any harm of him.

Acquitted .

341. (L.) Ann Goldwell , spinster , was indicted for stealing three silver tea spoons, value 5 s. the property of William Titcome , August 3 . ++

Margaret Titcome . My husband's name is William, we live in Vintry Ward ; he is a fruiterer . The prisoner at the bar was servant to me, her time was up, and she was going away.

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

M. Titcome. Five months and four days. I search'd her box and found three silver tea spoons tied up in a cloth, ( produced in court and deposed to.) I turn'd to the light, and read W. M. T. I said how came you by these. She said they are none of yours. I said most certainly they are mine. She snatch'd them out of my hand, and d - n'd me for a bitch, and said I had put them there, and threw them at me. I charged the constable with her, and she was ball'd; while she was in my service I missed several things, and Mr. Titcome insisted upon my looking into her box, but I found none of them.

Cross Examination.

Q. Had not the prisoner two or three times given you warning?

M. Titcome. Once she did, but then she desired to stay again as I lay in; she said as she had liv'd with me before, there might be some advantage, and she might as well have it as a stranger.

Q. Did you ever search her box before?

M. Titcome. No.

Q. Did you never see it open?

M. Titcome. No, never in my life before.

Q. Had not you words together ?

M. Titcome. No, never. She had words once with my husband on a Sunday, which is a very improper day.

Q. Did you never call her names?

M. Titcome. No.

Q. Did you never call her harlot?

M. Titcome. No, nor never had such an expression in my mouth.

Q. Do you know Mr. Gaston?

M. Titcome. I do, he is a lodger of mine.

Q. Did she not mention something about him to you?

M. Titcome. No, never till after she had stolen the spoons. I told her of a man that came after her in a morning several times. She said she might as well be intimate with a single gentleman as I that was married with Mr. Gaston, that was a batchelor; these were all the words that I had with her, good, bad, or indifferent.

Q. Did you ever charge her about a napkin?

M. Titcome. I lost a great many, and when I lost them she said she should give herself no trouble about them.

Q. Was not you in a passion with her about them?

M. Titcome. No.

Q. How many tea-spoons had you?

M. Titcome. I had no more than five in the kitchen.

Q. When did you see these three spoons before?

M. Titcome. They were at my table at breakfast that day.

Q. Immediately before this was there any quarrel or words past between you?

M. Titcome. I was in no passion with her.

Q. Did she not say, upon her being charged with the napkin, she would not stay any longer with you?

M. Titcome. No.

Q. Did she not, upon these words, send for a porter to take away her box?

M. Titcome. She herself went for a porter at seven o'clock at night, and she drag'd the box out of her room, to have it taken away unknown to me.

Q. Did the porter come?

M. Titcome. Yes.

Q. Where was you then?

M. Titcome. I was drinking tea in the kitchen.

Q. Who was with you?

M. Titcome. A girl that attended my child.

Q. Was nobody else there?

M. Titcome. No.

Q. Was not Mr. Gaston there?

M. Titcome. He came in after tea.

Q. Was he not in the kitchen before the porter came in?

M. Titcome. He was.

Q. What is the porter's name ?

M. Titcome. His name is Augustine Strickson.

Q. Was not the trunk brought down for you to search it?

M. Titcome. No; the girl told me where she had drag'd it, so I desired the prisoner to leave it, till I had time to look over it.

Q. Upon your oath whether you saw her offer to take it away ?

M. Titcome. The girl call'd and told me she was going to take it away, and I found it on the top of the stairs, moved out of her room.

Q. Did she desire you to open her box?

M. Titcome. She did.

Q. Did not you kneel down on your knees to open it?

M. Titcome. No, she opened it herself in my presence.

Q. Did you search it?

M. Titcome. I took out gowns, petticoats, and other things, till I came to the middle of the trunk; where I found these spoons, wrap'd up in some old stockings, with a forehead cloth.

Q. Was your back towards her or your face, when you took them out?

M. Titcome. She stood facing me.

Q. Did not she herself say, if they were your spoons, you had put them there?

M. Titcome. Yes.

Q. Had you missed them?

M. Titcome. No, I did not miss them, till I found them.

Q. What was done with them after breakfast?

M. Titcome. She put them in the corner cupboard herself.

Q. Did you drink tea that afternoon in the kitchen?

M. Titcome. I did.

Q. Did you miss them then?

M. Titcome. No; I had two more spoons.

Q. Who drank tea with you?

M. Titcome. The girl that attended my child.

Walter Gaston . I am a coal merchant. On the 3d of August I came home about seven in the evening, to my lodgings, at the prosecutor's, where I saw the maid's trunk standing on the top of the stairs. I enquired who belong'd to it, and they told me the prisoner had convey'd it there. While we were talking in came the prisoner with a porter. Mrs. Titcome told him he should not carry the box out without its being searched. Said the maid I will not have it searched without the constable. We told her, as she said she had nothing in the box but what was her own, she had better let it be searched. She offer'd me the key. I said, Naney, you had better do it yourself. The lid was thrown open, and Mrs. Titcome took out gowns, petticoats, and many-things, till she came to these stockings. Seeing them done up at the ends, and bulky in the middle, she open'd them, and there were three silver tea spoons in the middle. She turn'd herself to the light and read the letters which were on them. Said I, Naney, how came you by these spoons? She said they are none of her's. Said she, here is my name upon them. Then the prisoner in a great rage took them and threw them in the middle of the kitchen, and said, d - n you for a b - h, you put them there to make me a thief.

Cross Examination.

Q. Was you at tea with Mrs. Titcome?

Gaston. I saw the tea things standing when I came in, but whether she had drank tea or not I don't know.

Q. Did you come of your own accord, or was you sent for?

Gaston. I was sent for home, but by whom I don't know.

Q. Where was you when you was sent for?

Gaston. At the Castle-Tavern, in Lombard-Street.

Q. Where was the husband when you came home?

Gaston. He was in the warehouse below.

Q. Was not the husband as proper a man as you to be sent for, on this occasion?

Gaston. Yes.

Q. Do you think the prosecutrix would be guilty of putting these spoons into her trunk, in order to charge her with a robbery?

Gaston. Very far from it. She is as sober and modest a woman as any living.

William Richards . I am a constable. Mr. Titcome came for me. I went to his house, and he told me the maid had rob'd him of three silver spoons. All was over before I came there.

Cross Examination.

Q. Was you with her before my Lord-mayor?

Richards. I was.

Q. Did my Lord-mayor or admit her to bail?

Richards. Yes.

Mr. Titcome. I am a fruiterer and dealer in cyder. I am often in town and often out. I came home, and my wife satisfied me she had lost several things. I told my wife to discharge the maid at night. After dinner I sat down in a chair, between sleeping and waking, but I really think in my heart I saw the silver tea spoons in my maid's hands, as she sat by the dresser, on the farther side of the kitchen, about three in the afternoon.

For the Prisoner.

Augustine Strickson. I am the porter that was sent for to carry the prisoner's things away. I went with her into the room, there were Mrs. Titcome, Mr. Gaston, and herself; there was a debate between them some time before the box was look'd into; either the prisoner or Mrs. Titcome desired me to draw the trunk to the window. Mrs. Titcome said she would see it search'd, and I drew it thither.

Q. Where did you first see it?

Strickson. I first saw it in the passage, at the head of the stairs.

Q. What were the words that passed between them ?

Strickson. There was an accusation concerning Mr. Gaston and Mrs. Titcome.

Q. What did the girl do or say about the key?

Strickson. She laid the key on the trunk, and said, there is the key if you will open it. Said Mrs. Titcome, I shall not open it till such time as a constable comes. I made answer, I imagine there is no call, madam, for this trouble, for I believe the girl has nothing there that she is afraid or ashamed of; said I to the girl, open it yourself immediately, which she did willingly.

The Remainder 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 14th, Thursday the 15th, Friday the 16th, Saturday the 17th, and Monday the 19th of SEPTEMBER.

In the Thirty-first Year of His MAJESTY'S Reign. NUMBER VII. PART III. Being the Seventh 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.

Q. DID the girl take out any thing?

Strickson. No, not one single thing. Mrs. Titcome come either knelt or squatted down at the end of the trunk, Mr. Gaston on her left hand, and the maid on her right. Mrs. Titcome's pretence was, to search after napkins. She took out petticoats, aprons, shifts, and a great many things, till she came to a small bundle, seemingly to me to be a pair of stockings. She arose from her knees, turn'd her back to me and the girl, and read over W. M. T. W. M. T. W. M. T. Then she turn'd about and said, Nancy, how came you by these spoons? The girl immediately dashed them out of her hand, and said, you b - h, do you want to make me a thief, as you have the rest of your servants. I observ'd she never offer'd to open the bundle till she turn'd her back upon us.

Q. Do you think she could read the letters without turning her back?

Strickson. I really think if she had missed napkins she would have looked for them, but instead of that she said, I have f ound enough to hang you, so I shall look no farther; it is possible she might turn herself to the light, to have the benefit of it.

Q. Did she search no farther?

Strickson. She search'd no farther, neither did she attempt it, till her husband desired it to be open'd again.

Q. to Gaston. Did she say, now I have found enough to hang you, I'll look no farther?

Gaston. I heard no such thing.

Q. Should you have heard it, had she said so?

Gaston. I certainly should if she had.

Q. Do you remember the expression of the prisoner's damning her and saying she put it in, in order to make her a thief?

Gaston. Yes; Mrs. Titcome fell a crying immediately and sent for her husband, and he charged the constable with her.

For the Prisoner.

Mrs. Chitty. I have known the prisoner above seven years; she was servant to me about a year and a half, and behaved extremely well; I look upon her to be an honest person, very much so. I trusted her with every thing in my house.

Q. How long is this ago?

Mrs. Chitty. It is about two years ago. She has bore a very good character ever since. I don't think her guilty of such a crime as this.

Mr. Chitty. I never heard any complaint of her while she lived with me. I believe her to be a very honest person. She has lain in my house ever since this accusation, and might have taken any thing, for nothing was put out of the way on her account. She lay in my house last night.

Mr. Butler. The prisoner lived servant with me near a year and a half, since she came from Mr. Chitty's. She is a very honest faithful servant, and is as good a girl as ever came into a house. She has been at my house several days and nights since. I would trust her with any thing.

Mrs. Butler. She behaved very honestly with me, and had the care of every thing. I have been out a considerable time together, and never missed any thing.

William Bell . I have known her seven or eight years, ever since she came to town. She has been at my house frequently, and lain there several times. She has a very good character.

Mr. Dunce. She was servant to me near a year. She is a very honest, sober, quiet girl, as ever came into a house.

Acquitted .

342. (L.) Robert Hawley was indicted for stealing four pieces of tann'd hides of leather, call'd half backs, value 40 s. the property of Richard Strowd , July 20 . ++

The leather was lying in Leaden Hall Market , under the care of Richard Strowd the watchman . The prisoner was stop'd with the leather on his shoulder in the street, and brought back with it and secured.

Guilty .

[Transportation. See summary.]

343. (M.) Mary wife of Edward Roberts was indicted for stealing one linen shirt, value 2 s. and one linen shirt, value 1 s. the property of Robert Lewis , July 20 . || Acquitted .

344. (M.) Ann wife of William Lee was indicted for stealing one pair of silver buckles, value 12 s. two hats, value 14 s. one linen apron, one cotton handkerchief, and six pence in money numbered, the property of Ann Madston , widow , and one camlet gown, one pair of pumps, and three pair of worsted stockings , the property of William Glover , August 17 . ||

Ann Madston . I live in Lumbert Court, Seven Dials , I sell fish . I let the prisoner lie along with my daughter Mary Glover and I on the 17th of August, my daughter and I went to sleep, and the prisoner did not come to bed. In the morning she was gone, and the things mention'd in the indictment, our wearing apparel, with six-pence in a pocket apron. I could find none of my things, only when we took her up she had the shoes and stockings on her legs and feet, which was about a fortnight after. We took her before justice Welch; she said nothing there, only that she was going a shopping.

Mary Glover . I was asleep when the prisoner went away. When I awaked the things mention'd were all gone. We took the prisoner with the shoes and stockings on ( produced in court and deposed to.)

Prisoner's Defence.

They had got a man in bed with them that night, he stole the things, and now they lay them upon me.

Acquitted .

345. (M.) Catherine Nowland , spinster , was indicted for that she, on the king's highway, on Thomas Trevor did make an assault, putting him in corporal fear and danger of his life, and taking from his person one 36 s. piece, and 8 s. 6 d. in money numbered, his property , August 24 . ||

Thomas Trevor . I am servant to a gentleman in Crown Court, Westminster. On Wednesday the 24th of August I was going to the Bolt and Tun in Fleet-street, to send a 36 s. piece by the coachman to my mother in the country; and going down Wych street I met a man in the middle of the street, I run against him, he d - n'd my eyes, and said can't you see your way.

Q. What time of the night was it?

Trevor. The clock at the New Church in the Strand had just struck eleven. He gave me a push as I past him, and gave a sort of a hem; then up came a man and woman together.

Q. Did they follow or meet you?

Trevor. They met me, the man stop'd me and bid me stand. She took hold of my collar, it was the prisoner at the bar. I push'd my fist to her breast to get rid of her. She had on a long cardinal, there was a lamp just by. She said d - n his eyes, knock his brains out, he has struck me on the breast. Then I received three blows with a great stick, one on my head, another on my shoulder, and the other on the side of my neck.

Q. Who gave you them?

Trevor. The man that stood fronting me. He was a well set man in a light colour'd coat; the other man came behind me, and held me fast by my two arms, I cannot describe him; he swore if I made any resistance he'd knock my brains out. I had a pair of leather breeches on, and my money was in the right hand pocket; the prisoner put her hand in my pocket, and took out a 36 s. piece, half a crown, and 6 s. in silver; they rifled every pocket, then spoke broad Irish for her to go off.

Q. Are you an Irishman?

Trevor. No.

Q. How long did they keep you there?

Trevor. About three or four minutes. They swore if I made any resistance, or call'd out, or followed them, they'd knock my brains out, so I return'd back again; there was never a watchman came near me. The next day I went to send a letter down to my mother, to let her know what had happened, and that I could not send the money down as I intended. Going along the Butcher-Row about nine at night, I saw the woman at the bar coming along with the same hat and cardinal on, and a man on the other side of the way, they were falling out. She said she had given him the 36 s. piece, which she had of a man the night before, and had got no more money to give him. I followed her till she came to the cook's shop, I got along side her and laid hold of her hat, and look'd in her face. She d - n'd my eyes, and ask'd me what business I had to meddle with her hat; the man, seeing me, ran away. I took hold of the woman, and carried her to justice Fielding.

Q. How near was you to them when you heard her say those words?

Trevor. I was walking after them some time before she said the words.

Q. Did she speak very loud ?

Trevor. No, not very loud. They were quarreling and d - ning one another. They spoke so loud that people that took any notice might have heard them.

Cross Examination.

Q. What part of Wych Street;

Trevor. About the middle of the street.

Q. How long before the woman came up was it that you ran against the man?

Trevor. It was about a minute before that.

Q. How far was you got from the place ?

Trevor. I was got about ten yards nearer Temple Bar.

Q. Did not you meet somebody in the street?

Trevor. No, I did not meet one man, nor watchman in the street.

Q. Did the man lay hold of you before the woman came up?

Trevor. He did. He laid hold on the breast of my coat, and stood before me.

Q. How near to a lamp was you?

Trevor. It was within three or four yards of a lamp, it was before me. The man was on the right side of me, and the woman on the left. She had a red cardinal and muffatees, and a black hat flap'd. The light of the lamp came clear between them both. I look'd her very hard in the face, she stood upright, and held up her face.

Q. How long did the man hold you?

Trevor. I believe for the value of five minutes.

Q. How long were they in committing the robbery ?

Trevor. I believe they were about ten minutes committing it and keeping me there.

Q. Were there no doors open?

Trevor. No, there were not.

Q. Did not you call out when they said they'd knock your brains out?

Trevor. No, I did not.

Q. Did not you go to a justice of the peace to make information?

Trevor. No, I did not.

Q. Were the shops open at the time you took the prisoner ?

Trevor. They were all open. She was very much in liquor.

Q. What was it you heard them say?

Trevor. When he ask'd her for money she d - n'd him, and said, she gave him the six and thirty piece she took the night before.

Q. How was she dress'd ?

Trevor. She was in the same dress as before, the same muffatees, cardinal, hat, and no stays on.

Q. How do you know she had no stays on when you was rob'd.

Trevor. Because I struck her on the breast, and the cardinal flew back, and all her breast was open.

Q. Which hand did you strike her with?

Trevor. With my right hand, but had not much use of my hand, being held behind.

Q. Where abouts did you strike her?

Trevor. A little above her breasts. She had a little white handkerchief that flew on one side.

Q. How did you get her to justice Fielding's?

Trevor. In a coach, as soon as I had taken her.

Q. Did you tell the justice the same as now?

Trevor. I did.

Q. Whether since her being committed you have not had conversation with any body, about what reward you shall get?

Trevor. No, I have not. I want no reward.

Prisoner's Defence.

I never saw that man till last Thursday was three weeks. He met me just by Clare Court, Clare Market; there was a little boy with me, we were going to the market. He stop'd me, and wanted to kiss me, and put his hands under my cloaths. I bid him get away, and said I was not for his purpose. Then a parcel of little boys got about me, and mob'd me. Then he told the people I had rob'd him. He got me into Bow-street, and after that to the Round-house, and I charged him as I was coming cross Covent Garden. I asked what sort of a man was my prosecutor, they shew'd me this man, and said he charg'd me with robbing him of a 36 s. piece, and half a crown. I wanted to send home for the people that were with me the night before, but they would not grant it.

For the Prisoner.

John Hussey . On the 24th of August last, to the best of my knowledge, the prisoner call'd upon me at Mr. Wilson's chambers, in Lincoln's Inn. She was with me about three or four in the afternoon, she dined with me there, and told me she was going to the sign of the Fox and Goose in Drury Lane, and desir'd I would meet her there about nine or ten o'clock. I went there about half an hour after nine, and she was there at the time.

Q. Who keeps that house?

Hussey. One Carlisle. I staid there with her till twelve o'clock. She was in company with me all the time in that house. I am sure she was not out of the house ten minutes together in that time.

Q. What makes you certain of the day?

Hussey. What makes me certain of it is this, because the day following I was told she was taken up the day before.

Q. What day of the week was it that you heard it?

Hussey. To the best of my knowledge it was on a Saturday.

Q. What day of the month ?

Hussey. It might be about the 26th day of the month.

Court. That was after she was committed.

Hussey. I am not sure of the day of the month. I minuted down the time, fearing I should be call'd upon. I was told that an accident had happen'd to Mrs. Newland, being charg'd picking a man's pocket of a piece of gold and half a crown.

Q. What is her general character?

Hussey. I never heard any thing that was had of her, as to being guilty of theft or any thing of that kind.

Q. Where do you live?

Hussey. I live at Mr. Wilson, No. 16 near the pump; I am his clerk.

Q. Which Wilson?

Hussey. Mr. William Wilson, an eminent attorney.

Q. Where is your master now ?

Hussey. He is in Yorkshire.

Q. Do you bring women to dine in your chambers ?

Hussey. I am to tell the truth, and it is true, it happened so, I had a great many briefs to draw up then.

Q. How long have you been clerk to Mr. Wilson?

Hussey. About four.

Michael Brown . I have known the prisoner fourteen.

Q. What character ?

Brown. thing laid to her charge to be very honest as to any thing.

Acquitted .

346. (L.) Andrew Scott was indicted for that he did feloniously and falsly make and counterfeit, or cause and procure to be feloniously made, forged and counterfeited, and did willingly act and assist in falsly making and counterfeiting an indorsement on a certain promisory note, signed by, and under the hand of Robert Drummond , bearing date October 9, 1756. purporting to be a promisory note for the payment of 25 guineas to Thomas Boone , Esq; or his order, on demand, and for publishing the same, well knowing it to have been falsly forged and counterfeited, with intent to defraud Robert Drummond and Co . October 9, 1756 . ++

Thomas Boone , Esq. The prisoner at the bar lived with me about a year ago. He left me July was twelve months.

Q. Did you ever after that time send him for any cash any where?

Boone. I don't know from the time I discharged him my service that I saw him till now.

Q. Did you use to keep cash with Messieurs Drummond?

Boone. I did.

Q. Look at this note ( he takes the note in his hand.)

Boone. I believe I have seen this note before.

Q. Did you ever send the prisoner to Messieurs Drummond for money ?

Boone. I may have sent him there for money, but I don't know that I have.

Cross Examination.

Q. How did he behave while he liv'd with you?

Boone. I never had an occasion to charge him with a fact of which he now stands indicted.

William Ben . I live with Mr. George-Retherdon, a goldsmith, at Aldgate; on the 9th of October last the prisoner came to our house to bargain for some jewelling goods, to the value of 7 l 14 s, stone buckles and other things. Here is the bill or parcels (producing it.) When he had look'd them out, he said to me, I have got a note of Mr. Drummond, payable to Thomas Boone , or order, for twenty-five guineas, and produc'd it.

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

Ben. This is the very note member. He ask'd me if I could give him, change for it. I said I could not. I said I'd step to a person (Mr. Wise) to see if he could for me. I went, and Mr. Wise said he would not advise me to change it. but send it to Mr. Drummond's. I came back, and said to the prisoner, I don't chuse to change this note without you'll give me leave to send it to Mr. Drummond's. He said, could not you have told me this before, without giving me the trouble to wait all this time. I had a porter call'd, named Pool, but before the porter came the prisoner said to me, Sir, you should put your name at the back of the note. No, said I, it a name should be put there, you should do that, Sir; said he, my name is Thomas Boone .

Q. Was this indorsement there at that time?

Ben. It was. He said his name was on the back of it, and his name was Thomas Boone . I said is this the name. Yes said he.

Q. Did you then look upon the name of Thomas Boone .

Ben. Yes I did. The porter came, I said give me your ticket, and go with this note to Mr. Drummond's. He went, and return'd in an hour's time with the money. When he was gone the prisoner said I am going farther, and I'll call as I come back; he went away and never return'd again.

Q. Then he was not there when the porter came back?

Ben. No, he was not.

Q. Did he offer this note in payment for the goods he had look'd out?

Ben. He did, and desir'd me to get it paid, in order to receive the 7 l. 14 s.

Q. When did you see the prisoner after this?

Ben. I did not see him till I saw him at justice Fielding's.

Cross Examination.

Q. Did you ever see the prisoner before the 9th of October last?

Ben. No.

Q. How came you to be so particular, as to his being the person?

Ben. I took notice of him in respect of his saying, '' I have got a note, but I don't know '' whether you will chuse to take it;'' because a gentleman never says so. I took notice of him on his saying those words.

Q. What does a gentleman say on such an occasion ?

Ben. '' Here is a note, give me the difference '' of it.''

Q. Did Mr. Drummond readily pay the note?

Ben. He did. I sent a bill of our shop.

Q. Did you apprize Mr. Drummond of it?

Ben. No, I did not. I apprehended the prisoner might be a gentleman, and was going out of town.

Q. How long was it after this that you repaid the money?

Ben. It was three months after.

Q. Did you publickly speak of this at that time?

Ben. I spoke of it to several people, but not publickly.

Q. Did you acquaint your master with it?

Ben. I did, the moment he came home.

Q. How came the discovery to be made?

Ben. Mr. George came to our house about three months afterwards.

James George . I live at Mess. Drummond's, at Charing Cross, bankers.

Q. Look on this note.

George. (He takes it in his hand.) This note was paid.

Q. When?

George. About dusk in the evening, on the 9th of October last.

Q. To whom?

George. It was brought by a porter that plied at White Chapel, as he said.

Cross Examination.

Q. What circumstances induced you to pay it?

George. There were some. It is wrote upon the indorsement: '' Please to pay the bearer on '' demand twenty-five guineas, Thomas Boone . '' October 6, 1756.'' The porter brought a bill of the shop of George Retherdon .

Q. Did you suspect the name?

George. No, I did not; he saying the gentleman was waiting for the money. I thought the name Thomas Boone was not so good a hand as he usually writes; I was a little suspicious, but I did not know but what it might be his hand-writing; there were some of the letters, in Boone especially, which I thought he wrote.

Q. Have you often drafts of Mr. Boone?

George. We have.

Q. to Ben. Did you deliver the goods the prisoner chose out to him?

Ben. No, I did not.

Q. to George. How was the matter traced to the prisoner at the bar?

George. There were two notes issued on the same day, the 1st of October, and both those two to Mr. Boone.

Q. Who are partners with Mr. Robert Drummond ?

George. There are Mr. Robert Drummond , Mr. Andrew Drummond , Mr. John and Mr. Henry Drummond partners.

Q. Look at the note, is this the usual way of subscribing ?

George. It is, by Mr. Robert Drummond . The two notes that were both dated one day were for twenty-five guineas each; this was paid before the other was brought. When the other was brought in there was some suspicion it was not Mr. Boone's hand-writing on the back of it.

Q. When did that come in?

George. About three weeks or a month after this, which gave us the suspicion.

Mr. Robert Drummond . (He looks upon the note.) This was sign'd by me. It is a promisory note for twenty-five guineas.

Q. Are you one of the partners?

Drummond. I am.

Mr. Swag. I know Mr. Thomas Boone .

Q. Do you know his hand-writing?

Swag. I do. I was concerned for him in estates abroad, and have seen him write a hundred times since I have been in England.

Q. Look upon this name Thomas Boone .

Swag. It is a different sort of a T. I should never have thought this Mr. Boone's hand-writing.

Q. to Mr. Robert Drummond . Look upon this name Thomas Boone .

Drummond. I have seen Mr. Boone write very often. I believe this is not his hand-writing.

Cross Examination.

Q. Was you at home when this note was brought?

Drummond. No, I was not.

Q. Had you been at home should you have paid it?

Drummond. I think I should not.

Q. to Mr. Boone. When did you first see this note with the indorsement?

Boone. Not till after the money was paid.

Q. to Mr. George. What do you think of the hand-writing now?

George. I think it is not the hand-writing of Mr. Boone.

The note read in court:

A promisory note, sign'd Robert Drummond , dated October 1, 1756, to pay twenty-five guineas, upon demand, to Thomas Boone , or order.

The indorsement read to this purport:

'' Sir, please to pay the bearer, on demand, '' twenty-five guineas.

THOMAS BOONE ''

October 6, 1756.

Prisoner's Defence.

Mr. Ben has made himself an evidence, and it is impossible for me to prove a negative where I was at the time. If a thing of that kind falls in any honest man's hands it should be made publick. It was his duty to have published it in the papers. I know my own innocence, therefore can speak very freely. I may be like another man, and another man may be like me.

Q. to Ben. The prisoner says one man may be like another, look at him again, and determine, upon your oath, whether you take him to be the man, or whether you can swear positively that he is the man that brought this note so indorsed to you?

Ben. I really believe him to be the very man. I am sure of it.

Q. What was your opinion when you saw him at justice Fielding's?

Ben. I knew him plainly the first moment I saw him there.

Prisoner. On the first examination he did not speak positively, but said I was very much like the man.

Q. Was you ever dubious as to his being the man?

Ben. No, I was not; the moment I saw him I told justice Fielding he was the man.

Prisoner. I can say no more than that I am innocent. He accuses me very unjustly.

Guilty of publishing it . Death .

347. (L.) Mary, wife of Andrew Scott , was indicted for endeavouring to facilitate the escape of Andrew her husband, he being at that time committed to Newgate for a felony , September 11 . ||

Mr. Akerman. (He produces the original detainer.) This was sent to me by Mr. Fielding, which was in order to detain Andrew Scott in my custody.

Q. Have you seen him write?

Akerman. I have. I am certain it is his handwriting.

Q. Is it seal'd?

Akerman. It is.

It was read in court to this purport:

Middlesex, to wit,

To the keeper of his majesty's gaol of Newgate, or his deputy.

'' Detain in your custody the body of Andrew '' Scott, charged upon oath of Robert Drummond , '' for publishing as true a forg'd indorsement of a '' promisory note, for the payment of twenty-five '' guineas; drawn by Mr. Drummond and Co. '' payable to Thomas Boone , Esq; with an intent '' to defraud the said Mr. Boone, and him safely '' keep in your custody, till he shall be discharged '' by due course of law. Given under my hand '' and seal, September 7, 1737.

Sign'd Fielding.''

He was a prisoner before this warrant of detainer came to me, on suspicion of robbing the mail, and is now convicted for the crime here mention'd.

Q. When was he originally committed?

Akerman. On the 19th of August.

Q. Upon whose oath?

Akerman. Upon the oaths of Robert Lovelace and another, on suspicion of his having rob'd the Portsmouth mail. He was ordered at first to be kept without any body's seeing him, but his wife took on very much, and I was really sorry to see a woman so unhappy as she appeared to be. I kept him from seeing any body, according to the order that I received from Mr. Fielding and the solicitor of the Post-Office. After he had been examined two or three times, I asked it I might admit his wife to him. They said I might admit whom I thought proper with safety. I really had a good deal of compassion on her, and consented to her being there two or three hours in a day.

Jane White . I live servant with counsellor Lofts. Last Saturday, in the afternoon, Mrs. Scott came to me, and said Mr. Scott intended to make his escape, by disguising himself, and wanted me to lend her a red cloak. I said, I had no such thing. As she was going out, she saw my master's red roqueleau hanging up behind the door, which she ask'd me to lend her. She took it away with her.

Q. Did you know her before?

J. White. I lived two years and a half with her at Mr. Newman's.

Q. What time of the day was this?

J. White. This was about five in the afternoon.

Q. Did she say where he was?

J. White. No, she did not; I knew he was in Newgate. I saw him there.

Q. Did she know you knew where he was ?

J. White. Yes, she did; I saw her there with him.

Elizabeth Day . Mrs. Scott came to me last Sunday about noon, and desired me to go of an errand for her.

Q. Where do you live?

E. Day. I live in Cock-Alley, Norton-Falgate.

Q. What are you?

E. Day. I am a servant out of place, but at that time I was very ill, and she did not tell me her errand till I came into Newgate-Street, which was about seven o'clock. I had got some oysters. She desired me to go to Newgate and enquire for Mr. Graham. [ See his trial, No 252, in last sessions paper.] I went first, as she desired, to her sister in Primrose-Street, named Hays, who gave me a groat, a basket, and a handkerchief; and another of her sisters, named Brown, came to me and brought this bonnet. I bought a groatsworth of oysters in Chiswel-Street. Mrs. Scott put this cardinal on me in Newgate Street. I went and enquired for Mr. Graham, saying, I had some oysters for him. When I came to him I told him they came from Mrs. Hays, in Primrose Street.

Q. Where was Graham?

E. Day. He was in a room in Newgate. He desired me to stay the value of five or ten minutes, till Mrs. Scott came. I delivered the oysters to him. While I was there, there was a noise about Mr. Scott making his escape. Mr. Graham went out of the room two or three times, during the little time I was there. I saw Mrs. Scott go into Newgate, but did not take any notice of her, nor she of me. I know no farther. I never saw Mr. Scott.

Q. Had she any thing with her?

E. Day. I did not see that she had. I was laid hold on in the press-yard, and have been detained ever since.

Thomas Eaton . I am servant to Mr. Akerman. I went up stairs and missed Mr. Scott out of the cell where he lay, about five o'clock last Sunday evening. I was a little affrighted, and thought he had made his escape. I went about the gaol and look'd for him. I went into Mr. Graham's room. I saw this woman there, sitting at a table with some oysters by her. I took her bonnet off, and look'd at her, and found it was not Scott. Then I went and look'd in the yard, and could not see him. I went up to the woman again, and pull'd her about; and after I found she was not he, I went down to the gate, where was a girl that draws beer, who said, Tom, here has been a gentlewoman ringing at the bell to get out this half hour. I said what gentlewoman; she said this, pointing to Scott in women's cloaths; he held down his head, I took hold of his honest and held it up, and laid hold of a cardinal that he had on, and thought I saw a stock buckle on the side of his neck; then I had a great suspicion it was Scott. I pull'd him about, but he never spoke, nor said a word. I took him by the arm and threw him against the wall. Then directly he struck me over the eye with his fist, and the lamp was blown out at the gate; then I laid hold of him, and we had a tustle about a minute in the dark before any body came. When the light came I had hold of him, but he got away from me. I either knock'd or threw him down, I think I knock'd him down and fell over him; he got up and ran to his own apartment, and drop'd the apparel he had on in three or four different places. I went directly up into the place where he lay, where he stood in his own cloaths, with a book in his hand. The cloaths must be but slightly put on over his own cloaths, for he drop'd them as he ran.

Q. How long was it after the tustle you had, that you saw him with the book in his hand?

Eaton. It was out about half a quarter of a minute, it was but up fifteen stairs. I took up all the things he had drop'd, and we went and chain'd him down to the floor. He was cloathed just as the woman was that came with the oysters to Graham.

Q. Did you see his face, when at the gate?

Eaton. I did. His hair was tied behind, and a curl on each ear. I told him he was Scott, but he said not a word. ( The cloaths produced.)

Q. to E. Day. How was you dress'd?

E. Day. I had a red cloak, a black cardinal, a black bonnet, and a black quilted petticoat. (They were produc'd and compar'd with what Scott had on, and agreed: he having a red roqueleau instead of a red cloak under his cardinal, which was turn'd in, and stitch'd up to as to be just the length of the oyster woman's cloak.) I saw Mrs. Scott in the gaol about an hour or three quarters of an hour before; she gave two prisoners in the Press yard a glass of red wine each, but she was gone at the time he was ringing the bell at the gate.

Q. Did you see any body bring these things into the gaol?

Eaton. No, I did not. The two glasses that the two men drank had a great effect on them, one of them was very bad for half an hour.

Q. Did you let in Elizabeth Day ?

Eaton. No, I did not.

Q. to Jane White . Look on this roqueleau?

Jane White . This is the same I lent to Mrs. Scott on the Saturday.

Nathaniel Streeton . I am servant to Mr. Akerman. I was going to lock up the debtors, and heard it rumour'd that Scott who was committed for robbing the mail, had like to have got out.

Q. When was this?

Streeton. Last Sunday. Mrs. Day was in the lodge, detected. I went to get a constable in Ivy-lane, in order to carry her before a magistrate. I got Mr. Venables, and coming back there were three women standing together by Gray-Priars Gate in Newgate-street, about forty yards distance from the gaol, and within sight of the door that comes out from the Press-yard. I left the constable and went over the way to see who they were. I saw Mrs. Scott among them. I clasp'd them all three to me, and call'd Mr. Venables. He came, and we took them all three to Newgate. Then there came an order by Mr. Newman from Mr. Fielding to bring them all before him. I went up with the four women, two were sent to the Round-house, that was Mrs. Scott and one of her sisters, Day came back with us to Newgate, and the other was discharged.

Prisoner's Defence.

I don't know any thing of it, I never brought in any thing but the cloak, that I don't deny; my husband desir'd me to borrow that cloak, but did not tell me for what; I ask'd him for what, he said go and do as I bid you; when I came back I gave it him, he said it was to keep him warm.

Q. to White. What did she say when she came for this roqueleau?

J. White. She came and ask'd me for a woman's cloak. I said I knew no body in the world where I could get one. She was going out of the passage and said there is one hangs, I said it is my master's; she said, I'll bring it back again to night as I am a living woman.

Q. What did she say it was for ?

J. White. She said it was to disguise her husband.

Prisoner. She had often been with Mr. Scott, they have been together many times, and they would not let me come to them in the cell. When I have gone to go up, he has offer'd me down again; he desir'd I would ask him no questions. He bid me go to Jenny, and ask her for what she had promised him.

Q. to Jane White . How often have you been with Scott in Newgate ?

J. White. I have been with him twice in the cell. He had sent me a letter, and desir'd to see me, if I could reconcile myself to see him there. When I came it was to go to Mrs. Newman and desire her to contribute to him in his distress. Mrs. Scott was in the room with him when I went both times.

Prisoner. When they seized me it wanted a quarter of ten, my sisters were with me, we were waiting for Betty Day . I had sent her to Mr. Graham with some oysters.

Acquitted .

348. (M.) Philip Riley was indicted for stealing four pair of buckskin breeches, value 3 l. 3 s. two silk handkerchiefs, value 7 s. three 36 s. pieces, one 18 s. piece, five guineas, and 12 s. 6 d. in money numbered, the goods and money of John Perkins , in the dwelling house of John Duglass , Aug 3 . ++

John Perkins . I live with Mr. Duglass. He keeps livery stables. I lost four pair of buckskin breeches, my money, and all that I had.

Q. Why do you charge the prisoner?

Perkins. He was a bricklayer's labourer there.

Q. Why do you suspect him?

Perkins. He had no money when he work'd in our house, but after my things were lost he was full of money. I took him up on suspicion, and carried him to the Round-house, and the next morning before justice Fielding, where I charg'd him with taking my boxes and money. The justice said, Riley what have you been doing; he answer'd, I have been doing that which I shall never do any more, and he acknowledged the whole affair.

John Lewis . I am one of the beadles of the parish of St. George's. On the 4th of August it happen'd to be my watch night. Humphry Hyate, the constable, desir'd me to go with him to Hide Park Corner, where a robbery was committed, at the house of Mr. Duglass. We found the prisoner, and brought him to the watch-house. Then the prosecutor with some others went out, and found out the house where the prisoner lodg'd, at one Bowyer's in Brig-street; we went there about twelve o'clock, and found the two boxes, and brought them as we found them, with the woman of the house, to the watch-house. We open'd the boxes before the prisoner in the watch-house. Then he confess'd the fact, that he was the person that stole the things mention'd.

Q. What did you find ?

Lewis. We found three 36 s. pieces, one 18 s. piece, five guineas in gold, two crown pieces, and half crown, four pair of buckskin breeches and two handkerchiefs. In the morning we took the prisoner in a coach to Mr. Fielding's; he told us going along he had pawn'd half the things. [There were many things which he own'd he had taken, that are not in the indictment.]

Q. Where did you find the things and money you mention?

Lewis. In the boxes. The prisoner acknowledged before justice Fielding that he was employ'd as a night watcher at Mr. Duglass's, and that he took the boxes from thence, and carried them to his lodgings, and said he was just come from Ireland.

Q. to prosecutor. Was you by at the time all was said and done, which this evidence has mention'd.

Prosecutor. I was, and it is all truth.

Q. to prosecutor. Where did you keep these boxes?

Prosecutor. In my own room, at Mr. Duglass's, in a garret in his dwelling house.

Humphry Hyate. I am petty constable of St. George's, Hanover-Square. On the 4th of August, about half an hour after nine at night, I fetch'd Mr. Lewis to Mr. Duglass's, the prosecutor having charg'd the prisoner with having rob'd him. I left the prisoner in custody with two or three labourers, and we went and found the boxes at the prisoner's lodgings. I open'd them at the watch house, and after the prisoner saw them open, he own'd he was the person that brought them from Mr. Duglass's.

Q. from prisoner. Did not I tell you that Rogers brought the boxes at ten o'clock to me?

Hyate. No, I don't remember that.

Christian Gwyre . On the first of August the prisoner brought the little box into my house, this was on a Monday night, and he came to lodge with me but the Saturday before. (One box produced in court.) On the Tuesday morning he came to me, and ask'd me if I had any thing that would break open his box, for he had lost the key. I let him try my key, and it would not do; then he took a hammer and went to break it, but whether he did or did not, I can't say.

Prosecutor. My linen and stockings were in one box, they are not found; the breeches and money were in another, that box is here.

C. Gwyre. I saw him bring only one box, but there were two found when the constable came.

Elizabeth Venables . I saw the prisoner bring one box to the house of Christian Gwyre .

Prisoner's Defence.

I never took the things. if I suffer for it; the man is here that gave them to me, but I don't want him here. If I had but a little time, I could make it appear that my character is as good as the best man's in court. I serv'd my time with the earl of Kildare. I'll tell the truth, I can't be worse than I am: This Rogers brought the box to me about four o'clock in the afternoon to my lodgings, and bid me keep it till the morrow. The next day was a rainy day; he said he would not be kept under by his brother, and so brought his things away. He lay in my bed that night. Then he said he had lost the key of his box, and did not know how to get at his things, and desir'd me to get a hammer. I did, and he bid me tell my landlady it was my box; she gave me the hammer and I took out the things; said he, this woman may make a discovery that I am going to pawn my things. I said I'll take and carry them out. I went with them to the pawnbroker's; and he said he'd go and stay in the cook's cellar till I return'd, and said I might put them in either his or my name. The pawnbroker ask'd me whose goods they were, I said they belong'd to another man that had need of money. He said you must come and release them, then I said he might as well put them in my name. On the Wednesday following Rogers came again, and said, will you take care of the watchman till I pass him, for fear he should take me up with this box. Said I what are you afraid of; he said it was his own box, and he wanted to lodge with me that night. I said I could not carry the box in, they were all in bed. He came and gave me the box at the door, and left it in the room. The next day he came with a hatchet in his hand, and said, now Riley I have a secret to relate to you, if you will keep it I will make a man of you, and you will live well. Said he, I saw the ostler taking out money from a purse in a box, and I thought the first box was it, but now I have it, and there are a great many cloaths in it, and you and I will go away to Portsmouth, and I'll be under no dread of my brother. He fell on his knees to me, and prevailed on me not to tell; said I, see and get some money that will redeem the things already pawn'd, and carry them back. He said he brought them down a ladder three story high, and would not carry them back: I would not have brought the boxes down that ladder if you would give me twenty thousand pounds.

Guilty , Death .

349. (M.) Robert Murray was indicted for the wilful murder of Edward Clark . He likewise stood charged for the said murder on the coroner's inquest, July 24 . +

Thomas Russel . I can't tell the day of the month, it was on a Sunday morning; as I was coming down the back lane the clock struck six: This was about a quarter of a mile from the prisoner's cellar door, in the back lane. When I came there I heard a noise. There was a man about buying of a shirt of the prisoner.

Q. What is the prisoner?

Russel. He sells shirts and old shoes, and such things . Hearing a great noise I stop'd. I heard the man that is dead say, '' If you did not like '' the money that I bid you, you might have bid '' me go about my business, and said, you rogue, '' you have done me an injury, which, I think, I '' shall never get over; you had no occasion to '' use me so ill; here is money if you would have '' taken it.'' There was a sort of a skirmish in the cellar. Clark the deceased made haste up out of the cellar. Murray followed him, and push'd him with his right elbow several times in the stomach and bowels in the street. Clark said he would make him pay for it the next day. As the prisoner was following him I went away, and was absent the best part of half an hour. After that I saw the deceased, about a quarter of a mile from Murray's cellar, heaving up blood. I saw him do it three times.

Q. In what place was he then ?

Russel. I can't tell the name of the lane. He turn'd himself round, and I said, God bless me have you received some inward blow? He made me no answer. In a quarter of an hour after that he was dead.

Q. Whether Clark made any resistance when this elbowing was?

Russel. No, he made none.

Cross Examination.

Q. Are you a coal-heaver?

Russel. No, I am not. I am a craft.

Q. Who was there besides you?

Russel. There were several people, but all strangers to me. I neither knew Murray nor the deceased before.

Robert Burcher . I was taking a walk by on a Sunday morning, and heard a noise in this cellar. I stood at the door, being willing to see what it was. Presently the deceased came up out of the cellar, pretty much in a hurry. The prisoner at the bar followed him, and said, this fellow pretends to buy a shirt, and at the same time comes to steal one, meaning the deceased, and swang his hand about. The deceased said, did you see me offer to lay my hand on any thing. The prisoner answer'd, you dog, if you don't go along, I will beat your head into the channel, making all the tricks and game on the deceased he could, and pelting him with several things.

Q. What did he throw at him?

Burcher. I do not know what they were. I think one thing look'd like a piece of bone, and he followed him as far as the Bull and Butcher door, which is about fifty or sixty yards from his cellar door. Murray came and faced him opposite that door, and set another man to laugh at him. I being dry, went in at the Sun and Sword, facing Murray's. While I was drinking my pint of beer the prisoner was taken up, and Clark was dead.

Q. In how long time was this ?

Burcher. I believe all this was within half an hour. There were some people that stood by who knew I knew something of it, so they desired me to go before the justice.

Q. How far was he from the deceased when he threw at him?

Burcher. About thirty yards distance, following him.

Q. Did any thing hit the deceased.

Burcher. I did not perceive any thing did. I saw the prisoner offering his elbow to the deceased, but whether his elbow touch'd his body I was not high enough to see.

Robert Mackloney . I was drawing a pint of beer at the Sun and Sword, for a gentleman that was going by on horseback. I heard a noise, and heard Mr. Murray bid the deceased go two or three times, but he would not. Mr. Murray give him a push with his elbow. The deceased gave Mr. Murray several words of ill language, but I do not remember what.

Q. Where was this?

Mackloney. It was at Mr. Murray's cellar door in the street. He only gave him a push, and said, go away you scoundrel.

Mary Tompson . I was going to drink a pint of beer at the Bull and Butcher, when I saw the prisoner come out of his cellar, and give the deceased a knock on his side with his fist.

Q. Was it with his fist or elbow?

M. Tompson. With his fist, which was the first thing I saw. He call'd him Munster man before he struck him. The deceased went away two or three doors beyond the Horns and Horshoe. The prisoner followed him, and gave him a kick with his foot. I know no more, only I saw the deceased after he was dead.

Cross Examination.

Q. How near was you to the prisoner when he gave the deceased that blow ?

M. Tompson. Within three yards of him.

Q. What did the deceased say ?

M. Thompson. He said, what are you going to kill me?

Q. Did he call Murray any names ?

M. Tompson. No, he did not.

Q. How far is the Horns and Horshoe from the prisoner's cellar ?

M. Tompson. It is about as far as cross the Court-yard.

John Newton . I keep the Bull and Butcher.

Q. How far is that from the prisoner's cellar ?

Newton. It is about sixty yards. The deceased came into my house and call'd for a pint of hot, which, I imagine, was after all was over. He came in a stooping posture, with his hands on his breast, saying, he had been used very ill by a man where he had been to buy a shirt. I believe he was not in my house above five minutes, and in about five minutes after a man came in and said, the man that had a pint of hot was d ead. He drank about a gill of the hot, or a little better. Then I went to the prisoner and said, it is a pity you should use any man so ill.

Samuel Darkin . I am a surgeon, and was call'd in by the parish to inspect the body of the deceased. We open'd him, and found a large quantity of extravasated blood in the thorax, which proceeded from the large artery, leading directly to the heart, being burst, and was sufficient cause for the man's death. It is the greatest artery in the body.

Q. Which way do you imagine that might come ?

Darkin. It might be by a blow or a fall, or any external violence on the part. If by a fall, it must be by pitching on a post, or such like thing.

Q. Did you see any bruise on the out-side of the body?

Darkin. No.

John Holsford . I am a surgeon. The prisoner employed me to inspect the body of the deceased. We found a large quantity of coagulated blood upon opening the thorax. We removed the blood and examined the lungs, and found them in a sound state. We found the large blood vessel, leading to the heart, was ruptur'd, with which it is impossible for a man to live.

Q. Can you form any judgement which way that vessel came to be ruptur'd ?

Holsford. It might be by some violent blow just as the vessel was extended by the motion of the body.

Cross Examination.

Q. Supposing a man was to give a person a push with his elbow, could that burst that vessel ?

Holsford. Not without great violence.

Prisoner's Defence.

I never meddled with the man any more than your Lordship, nor never left my own door. The poor man was almost dead when I saw him down in my cellar; to look in his face you would not think he could live half an hour. I think it a sin to strike a man in his health, much more so when he is almost dead. He was hardly able to go up-stairs.

Q. to Newton. Did you know the deceased before ?

Newton. I did.

Q. In what condition was he before, in regard to his health?

Newton. He was a sickly ailing person.

For the Prisoner.

Edward Moreton . The deceased work'd for me on board a ship, in taking coals out of her. He had work'd the 23d of July, which was the day before he died, and not being well, he did not work his time by an hour.

Daniel Brian . The deceased work'd one week along with me on board a ship, call'd the Bee. I am a coal-heaver. There were three of us in the hold together that Saturday, and every one of us were to do our share. He did not work all the day. Between ten and twelve he complained he was not able to do his work as a man ought to do. He could not fill the basket. Then he ask'd us to crane it up, for he could not. When we were coming up out of the hold he fell down, and by and bye he began to spew blood. He said the man had kill'd him that went to help him up out of the hold. He vomited a great deal of blood, about a quart. A man had trod upon him as he was getting out of the hold. I offer'd a crown on deck that he might have the benefit of clergy. I thought he would die in less than half an hour.

John Garthwate . I was at work with the deceased on the Friday or Saturday, I can't say which. He was taken ill about two in the afternoon.

Q. Did you hear him complain of any illness in the hold ?

Garthwate. No.

Q. Did you upon deck ?

Garthwate. No.

Q. What do you know then?

Garthwate. I saw him vomit up a pretty large quantity of blood, about two o'clock in the afternoon. He left work about two hours before the rest of us, and was help'd into the boat by some of us.

Q. How did that vomiting of blood happen?

Garthwate. I do not know. I did not hear.

John Boyd . I knew Clark the deceased. He work'd on board the Bee with me on the Saturday before he died. I saw him dropping down, and his head came against the gunnel; whether it was owing to drunkenness I cannot tell, but he was spewing a large quantity of blood upon deck.

Q. Had he received any hurt that occasioned it?

Boyd. That I don't know.

Lawrence Demingh . I knew Clark, but don't know whether he is dead or not. I have heard say he is dead, and remember he was ill when at work with me on board the Bee. He could not come upon deck till he was helped up in the basket. He said he was hurt by one in the hold, that he thought to come up the first man, but another man got upon his shoulders, and he was forced to put his hands on his knees. He drop'd backwards on the deck. I had him by the forehead and back part of his head. He vomited much, and was not able to work.

Q. Did you see him get into the boat to come away ?

Demingh. No, I did not.

Mary Hackney . The deceased call'd the Sunday morning, about five o'clock, on which he died, for a pint of beer. I ask'd him how he did. He said he was not well. I said, I think you don't look well. He said he was very ill, that he had a bad fall on board a ship, and had been bleeding upwards and downwards all night; he was then very sick.

Joseph Moody . I never saw the deceased before he came into the house and ask'd Mary Hackney for a pint of beer. He said he had never been well since he had a fall on board a ship, and all that night had been bleeding upwards and downwards.

Edward Cashman. I was up that morning between five and six o'clock, and heard Murray and a man scolding in the street. Murray call'd him Munster thief. The man said he was no Munster man, he was a Connor man. Murray call'd him so still. The man walked away, and Murray took a bone and threw after him. The man turn'd about and said, I'll make you pay for that to-morrow. I said to Murray, was that man going to steal a pair of shoes? No, said he, I was only playing the joak with him.

Q. Did you see any struggling between them?

Cashman. No, I did not.

Michael M'Carty. I live just by Mr. Murray, I heard him and the deceased scolding at one another, but did not see Murray do any thing to him.

Mary Timmings . I saw Clark that day stand about six doors from Murray's, talking to him. Murray call'd him a Munster man. He said, he was a Connor man. I saw Clark go in at the Bull and Butcher. He had an ague upon him, and look'd like death. I never saw a blow given.

Mr. White. I have known the prisoner about eleven years.

Q. Is he a quarrelsome or cruel man?

White. I keep a publick house. He has been in it many a time, and I never heard him in any quarrel.

Acquitted .

350. (M.) Ann, wife of William Bear , was indicted for stealing six pewter plates, value 2 s. and one pewter dish, value 6 d. the property of John Armstrong , August 17 . ||

Acquitted .

351. (M.) Thomas Newman was indicted for stealing eighty pounds weight of lead, value 2 s. the property of a person unknown, August 1 . ||

Acquitted .

352. (M.) Esther Burch , spinster , was indicted for stealing one cotton gown, value 10 s. four silver tea spoons, value 4 s. one pair of gold ear-rings, value 3 s. one pair of cotton stockings, value 1 s. one flannel petticoat, value 1 s. two lawn aprons, value 2 s. two laced caps, value 1 s. one laced handkerchief, value 1 s. eleven guineas, two half guineas, and 28 s. in money numbered, the goods and money of Thomas Dawson , in the dwelling house of the said Thomas , August 4 . ++

Mary Dawson . I live in St. Giles's , my husband's name is Thomas, he is a house painter . The prisoner came to lodge with me. She came in the name of Hetty Pen. She told me she had brought her husband up to St. Thomas's Hospital, who was a shoemaker, to be cut for a fistula; but now I understand she has no husband. She continued with me three weeks. My husband was call'd to go out of town about business, and I let her lie with me for company for near a week. On the 4th of August I was washing. I went out to buy a bit of something for dinner, and when I returned she told me there had been a gentlewoman, an acquaintance of mine, had sent her maid for me. As I was going out the prisoner said, Mrs. Dawson, where are you going, you had better leave your rings at home, you may drop them off your finger. I said there is no danger of losing them. When I return'd it was near ten o'clock at night. I found the candle (lighted) close down by the drawers where my things were taken from, and my baby in the cradle close by it. I found the outward door shut to, but the prisoner was gone. I had left her in the house to take care of it. I missed eleven guineas, two half guineas, and 28 s. in silver out of the drawer. I look'd about and missed all the things mention'd in the indictment. I got up in the morning and went to a man that used to visit her at my house. He is an ostler at the Maiden-Head at Edgware, who she used to say was her brother; he directed me where to find her. Then I came home and went to justice Welch, and told him the case, and that I was inform'd she was bred at Aylesbury. He said Mr. Woodcock the gaoler there was his brother, and he'd give me a letter to him, who would endeavour to assist me in finding her.

Q. from prisoner. Whether there was not a strange man lay along with you that night, and you was rob'd by him?

M. Dawson. No, there was not upon my oath.

John Woodcock . I received a letter from Mr. Welch concerning the prisoner. I made inquiry, and found her at Missington; that was her habitation. When I took her she gave me these things. (Producing two caps, a handkerchief and an apron ) I ask'd her how she came by them, she said she believ'd they were Mrs. Dawson's.

Mrs. Dawson. These things produced here are mine, and were lost that night.

Woodcock. I brought her to Aylesbury, and confined her; this day sev'n night I brought her to London. I told the prisoner there were eleven guineas and two half guineas taken from the woman; she said she knew nothing of that.

Mrs. Dawson. She confessed she took only 8 s. I went where she said she had sold the cotton gown, in Cock-Lane, for 10 s. and where she said she had sold my child's ear-rings, to a woman in Holbourn, and she went with me; we demanded them, but I never got any thing again but these things that Mr. Woodcock has produced.

Prisoner's Defence.

I know nothing at all of these things. She keeps a very bad house. That very night a man lay in the room with her all night; the house is free for all comers and goers. The things here produced were given to me. I make lace, and work very hard for my living. Mr. Woodcock will give me a character. I come from Buckinghamshire.

Q. to Mr. Woodcock. How long have you known her?

Woodcock. I have known her from a child. Her father and mother were very honest people. Her father liv'd servant in my family some years, and till now I never heard any thing ill of the girl. I believe, had it been near her friends, she would have many witnesses to give her a character.

Q. Did she seem to be full of money?

Woodcock. No, she seem'd to be in a deplorable condition, and had no stockings to her feet; these things here produc'd she had pawn'd for 2 s. and I fetch'd them out for her.

Q. When did you find her?

Woodcock. On the 22d of August.

John Banbury. The prosecutrix owed me some money, I sent after her for it; one day in particular I went to her, and ask'd her for it; then she said she had been rob'd.

Q. What did she owe you?

Banbury. She ow'd me 13 s.

Q. What are you?

Banbury. I am a taylor. I ask'd her who rob'd her, she said the prisoner at the bar.

Q. Did you know the prisoner ?

Banbury. I did, I had seen her there, and they were very intimate. I ask'd what she was rob'd of; several things she said, and 8 s. which 8 s. she said she had saved for me. I reply'd to her, you suffer yourself to be rob'd rather than pay an honest debt. She asked me at the same time to write a letter to her brother that was at the camp, and to set forth the case and circumstance she was in, as to being rob'd; she never mention'd more than 8 s. in money.

Q. Is she a married woman?

Banbury. She is. Her husband is a painter, and was pressed on board a man of war, on an information, and Mr. Welch, upon an affidavit, had him discharged. The man is a very honest man; he was serv'd with four copies of writs, and I lent him ten shillings of the money out of my pocket, part of this that is owing, to make it up.

Q. to prosecutrix. You hear what this man says, is it true?

Prosecutrix. I never owed him a farthing in my life. I know no more of what he says than the child unborn; upon my oath it is all false. He came to me upon this occasion, and told me he could plead in any court in England.

Q. Did you ever tell this man you had saved 8 s. for him?

Prosecutrix. No, never.

Q. Did you ever desire him to write a letter for you to your brother?

Prosecutrix. No, I never did.

Q. Have you a brother at camp?

Prosecutrix. No; he has been abroad these two years. We have heard he was killed.

Q. Have you not another brother?

Prosecutrix . I had, but he has been dead these two years.

Guilty, 13 s .

The jury and bench declaring they did not believe one word that Banbury swore, he was committed.

[Transportation. See summary.]

353.(M.) Mary Ann Coleman was indicted for stealing one huckaback tablecloth, value 12 d two linen aprons, one linen shift, one lawn handkerchief, one silk and cotton handkerchief, one linen cap, and one stuff petticoat , the goods of Robert Mines , May 12 . ++

Guilty, 10 d .

[Transportation. See summary.]

354. (M.) Alexander Hooper was indicted for stealing one peruke, value 20 s. the property of John Gates , privately in the shop of John Clark , September 12 . ++

Acquitted .

355. (M.) Jane Davison , widow , was indicted for stealing one pewter pint pot, value 10 d. the property of Thomas Jones , and one other pewter pot, value 10 d. the property of Richard Evans , August 17 . *

Guilty, 10 d .

[Transportation. See summary.]

356. (M.) John Sutton was indicted for stealing one silver pint mug, value 30 s. the property of John Knott , July 23 . ||.

John Knott . I keep a publick-house . On the 23d of July, between ten in the morning and one at noon, I lost a silver pint mug out of my house, and the prisoner was in the tap room all the morning, till about eleven o'clock, or later. I can't be certain whether he had any beer or not. It was in use when I saw it upon the table about ten, but it was not brought to him.

Q. Was the prisoner there or gone when you missed it ?

Knott. He was gone.

Q. Have you met with it since?

Knott. I have some bits of it in my pocket now. I lost it on the Saturday, and I had the pieces on the Monday following. (Producing many small pieces of silver.) I was sent for to a house, where this was delivered to me. The prisoner was taken up, and the Tuesday following he sent for me in Bridewell. When I came there he said he would tell nothing but the truth, if I would clear him. I said, that is not in my power, the law must take place. Then he said he was not the man that took it out of my house, but laid it on one Swanney, and said it was my property; that that man call'd to him, and told him if he went down the road in Old-Street, he would find a silver mug, and he went and found it accordingly; that he went to a cutler, facing Charterhouse-Square, and sold the handle of it for seven shillings, and gave the man the money; that if I would come the next morning he would swear it before any justice of peace in the world. I went to him in the morning, when he said, if I would get an order, he would go with me to the man he sold it to. I went and got an order. Then he would not go with me, but said the man was innocent that he had charged, and he'd say no more to me about it.

James Bickley . The prosecutor told me on the Saturday he had lost a silver pint mug, and on the Sunday I went to him to enquire if he had found it. He said, no. On the Monday the prisoner and I, being both servants to a brewer, went out with beer to Hackney. I observ'd the prisoner was very liberal with his money, treating any body that would drink. I said to one of my fellow servants, I believe he has got Mr. Knott's pint mug. He told me he had got something like tin in his pocket. Then I went and told Mr. Knott, who bid me not grudge any expence, but get it out of him if possible. I went to the prisoner at the Bull-Head on Clerkenwell-Green, where he had a pint of beer before him. I sat down by him, and we had a pipe of tobacco. We had not sat long before he pull'd out a piece of leather from his pocket, where I saw a piece of something like silver. Then I sent for Mr. Knott, who came. I said to him, this man has got your property. I took him by the collar and pull'd it out of his pocket, cut into divers small pieces. He own'd it was Mr. Knott's property.

Q. Did he say how he got it?

Bickley. No. He own'd he had sold the handle for seven shillings, and gave another man three shillings, and kept four himself, but would say no further.

William Brine . On the 26th of July I went with the prisoner to justice Fielding, where he own'd nothing. When he came back to prison (I went there with him) I told him he had better confess the thing. He desired me to go and fetch Mr. Knott, saying, he'd tell him how he came by it. I went and brought Mr. Knott, who said, well Jack, will you tell me how you came by this mug? He said, it is your property, it was taken out of your house, and I sold the handle for seven shillings; but he did not tell who it was taken by.

Isaac Holroy . I went to see the prisoner in Bridewell with my fellow servant. He desired him to fetch Mr. Knott, saying, he would tell him when he came. He told him the pieces of silver were his property.

Prisoner's Defence.

Going to Hackney with some butts of beer I pick'd up those pieces of a pint pot , wrap'd up in a piece of leather. I put them in my pocket, but did not know whether it was silver or pewter . Bickley was with me at the time.

Q. to Bickley. Did you see him take them up?

Bickley. No, I did not.

Guilty .

[Transportation. See summary.]

357. (M.) John Hanby was indicted for stealing 5 l. in money number'd , the money of John Keeling , Esq; August 17 . ++

Mr. Cox. I am clerk to Mr. Keeling the brewer . On Tuesday the 16th of August, in the afternoon, I told up some halfpence, in five shilling papers, which was taken for yeast and small beer; the exact quantity I canot swear to, I believe there might be about six or seven pounds in halfpence, and near three pounds in silver, which lay loose on the table, at the end of the desk. In the evening I fasten'd the window shutters, and double lock'd the door between seven and eight, and left the money there. In the morning, between six and seven, I found one of the window shutters had been wrench'd open, and all the silver and halfpence, except forty shillings, were taken away. In the afternoon, on the Wednesday, my brother clerk came to me at a publick-house where I dined, and told me he had a suspicion of the prisoner at the bar. He did work at our house, as a trencer, last winter, in the room of a man that was ill, We got a warrant of justice Welch to take him up on suspicion, and took him up at his lodgings in Little Swan Alley. He and his wife made great protestations, upon our charging him, that they knew nothing of the affair. There was a chest in the room which we desired to see the inside of. They said they had lost the key, and would not by any means open it. Then I order'd the constable to break it open, which he did, and in it we found nine five shilling papers of halfpence. ( Produced in court.) I believe them to be the papers of my doing up, and which were lost that night; they are in the same package. Here is some silver which was taken out of his pocket. ( Producing eight shillings and six pence, and two pennyworth of halfpence.) We lodg'd him in New-Prison that night, and the next morning we took him before justice Welch. Going along we ask'd him how he came by these halfpence. He said, you know how I came by them. He confessed the fact before the justice, and said, he was afraid of being arrested, so he took them.

John Clark . I am a headborough. On the 17th of August I had a warrant brought me to take the prisoner up. I took him, and in his pocket found eight shillings and eight pence. I gave charge of him to another person that is here, and went to searching found the room, and in a little room, on the same floor, there was a chest, which I desired his wife to open. She began to shuffle, and said she had lost the key. Then I broke the chest open, and in it I found these halfpence. The next day, when he was charg'd with taking the money, he own'd he did not come honestly by it, and before the justice he own'd the fact; he said this money was the property of Mr. Keeling, before Mr. Cox, Mr. Brown, and me.

William Brown confirmed that of his confession.

Prisoner's Defence.

I had been drinking, and got a little more than what did me good; and coming home, whether I met with any friends or foes I can't tell, I happen'd to fall asleep by the place; somebody came and awak'd me, and in a hurry and fright I thought to get over the wall, and go to sleep in some of the stables. I some how or other got into this compting house, whether any body was with me or not I don't know, and how I got the halfpence that are alledg'd against me I can't say, nor I don't know the quantity; I put them in my apron, and got to my door, and fell asleep. The watchman came and awaken'd me. I went into my room and put the halfpence in my apron under my bed.

Guilty .

[Transportation. See summary.]

358. (M.) Rebecca How , widow , was indicted for stealing one dimity petticoat, value 2 s. four pair of pockets, value 2 s. one muslin apron, value 1 s. one muslin half handkerchief, six napkins, five linen caps, two lawn tuckers, one laced lawn handkerchief, one laced ruff, two pair of laced lawn ruffles, four pair of cotton stockings, and one pair of silk stockings , the goods of Elizabeth Hambleton , spinster , Aug. 22 . ||

Elizabeth Hambleton . The prisoner commenced servant to me about two months ago. I kept her out of charity. Before she had liv'd with me more than two years; I was to give her 8 l. per year. She had the care of all my effects. I had been continually losing for above half a year.

Q. What did you lose.

E. Hambleton. I lost a dimity petticoat, four pair of pockets, two pair of laced ruffles, a laced handkerchief, a laced ruff, two lawn tuckers, five caps, one muslin apron, four pair of stockings, one pair of silk ones, six napkins, and a plain handkerchief. I suspected the prisoner, she having a private lodging of her own. I got a warrant, and search'd for them near Turn Stile, by Little Queen Street, where I found several things.

Q. Was the prisoner by when you search'd.

E. Hambleton. No, she was not.

Q. When did you first miss the things you have mention'd.

E. Hambleton. Three weeks ago last Tuesday. I went home and brought her to town directly.

Q. What home ?

E. Hambleton. She was at my country lodgings at Lambeth. I asked her after several things, mentioning them by name. She said she knew nothing of them. I brought the bundle with me, and said they were in that bundle. I shew'd her them, but she denied taking all but the dimity petticoat. I carried her before a justice of the peace; all she said in excuse was that I had given them to her.

Q. Did you give them to her?

E. Hambleton. No, I never did.

Cross Examination.

Q. Had not you a lodging on this side the water?

E. Hambleton. I lodg'd at Mr. West's in Duke-street.

Q. Did she live with you there in the capacity of a servant or a companion ?

E. Hambleton. In the capacity of a servant, and did every thing I bid her.

Q. Did not she use go abroad with you?

E. Hambleton. Yes.

Q. Did not she use to dress better than ordinary at such times?

E. Hambleton. Very likely she did.

Q. Did not you use to lend her cloaths to dress in?

E. Hambleton. No. I might have lent her something when she went out along with me.

Q. How long did she continue with you before she left you the first time?

E. Hambleton. Above a year.

Q. How long did she continue in these private lodgings ?

E. Hambleton. I don't know.

Q. Did not you send for her when she came to you again ?

E. Hambleton. No, she came of her own accord.

Q. How long did she continue with you the second time of her coming ?

E. Hambleton. She continued with me to this time; it was then that I bargain'd to give her 8 l. per year.

Q. During this last time did not you use to go out with her?

E. Hambleton. She walked out with me in the country as I kept but that one servant.

Q. Do you know Mr. Douglas in Covent Garden ?

E. Hambleton. I do.

Q. Did not she use to go with you there?

E. Hambleton. No.

Q. Did not you lend her cloaths to go there?

E. Hambleton. No, never. She attended me at Mr. Douglas's two days when I lay in.

Q. During the last time she liv'd with you, did continue at these private lodgings?

E. Hambleton. No, she did not, she continued with me.

Q. Don't you know she had private lodgings all the time she liv'd with you last?

E. Hambleton. I don't know that she had, I believe she had a lodging where she put her things.

John West . Mrs. Hambleton lodg'd at my house, the prisoner was her servant.

Cross Examination.

Q. Do you know of her lending her servant Quarts.

West. I never trouble my head about those affairs.

Spencer. I had a search warrant to search the prisoner's lodgings, at Mr. Flannerkin's in Turn-Stile. I found she had two boxes lock'd up in his room; she very readily let me have the key of the closet, and we opened the two boxes, where we found the things that Mrs. Hambleton swore to before the magistrate, and the prisoner acknowledged them to be Mrs. Hambleton's in the coach going along, six napkins and some other things (produced in court and deposed to by the prosecutrix.)

Constable. Mrs. Hambleton brought her into my liberty in a coach; when we came into Westminster, I said it is needless to deceive you any longer, I have a warrant against you for such and such things, and desir'd her to acknowledge, and told her Mrs. Hambleton would be more favourable to her. She did acknowledge the taking the petticoat.

Q. Did Mrs. Hambleton promise her not to prosecute?

Constable. No, but she promised to be favourable.

Prisoner's Defence.

I was hir'd as a servant to this lady; she took me to Enfield to keep her house, with a gentleman that she kept company with, where she continued with him till New-Market races; after which they had some words and parted. She sent me to London, to another gentleman that she kept company with; some time after that gentleman (who kept her) and she quarrel'd; she was ill, and I was sent to Enfield to bring up part of her linen. I brought six china saucers pack'd up in linen at a time, till I brought all her things away. She went to live with another gentleman, and he and she could not agree. They parted, and she, wanted money. I lent her two 36 s. pieces, and three guineas. She paid me when she was with another gentleman, and discharg'd me, and said he would not allow me to be in his presence I parted with her in good will. She soon pack'd up her cloaths and came to London, from Hampshire, where she went with her gentleman. Then she gave me caps, handkerchiefs, a bed gown, ribbons, and other things. Then she was to go and keep a captain's house in the country; after that she went to live at Mr. Douglas's, and the night before she sent a boy home with a bottle of shrub, and desir'd me to put it by. Then she dress'd me in a gown of her's, and desired me to go with her to Vaux-Hall, when four gentlemen came and took her in a boat; I went, and return'd with her to her own house. The next morning she went to Cuper's Gardens. The next day we went to Mr. Douglas's, and some men abused us as we went along the Bishops walk at Lambeth. I carried a bundle of cloaths for her, and left her in company with a gentleman; after I took a lodging I was two or three times a day at her house; she has made me pull off my petticoat and put on a clean one of her's to walk out with her, and every thing was in my possession, so that I might put on what I would.

Court. What is this to the purpose; can you give an account how you came by these things charg'd upon you ?

Prisoner. She got the constable and broke open my box, and when she could find nothing of her's, then she swore to what she had lent me.

For the Prisoner.

Mrs. West. I live near Lincoln's Inn Fields. I have known Mrs. Hambleton between two and three years, and the prisoner going on of two years. She was a hir'd servant to Mrs. Hambleton when she came from France, and frequently went out with her, and used to be dress'd very often with Mrs. Hambleton's cloaths. She had the keys of the drawers, and the care of every thing.

Mary Forrister . I once liv'd with Mrs. West as a hir'd servant, I left her in January of February two years ago; Mrs. Hambleton liv'd there then. She came there as a widow lady from out of the country. I have frequently seen the prisoner dress'd in Mrs. Hambleton's cloaths, and said this Mrs. Hambleton dresses her maid in fine cloaths. When they went out they did not appear as mistress and servant, but as companions; you could scarce know mistress from servant; the mistress used to wear the cloaths first, till they were a little soil'd, then the maid used to wear them.

John Hines . I am apprentice to Mr. West, in Duke-street. I remember Mrs. Hambleton's lodging there and the prisoner. The prisoner used to go out dress'd with Mrs. Hambleton frequently in her cloaths.

Acquitted .

359. (M.) Mary Conduit , widow , was indicted for stealing one pair of linen sheets, value 4 s. one pair of bellows, one linen table cloth, one blanket, one fire shovel, one knife and fork, and one iron candlestick, the goods of Edward Saunders , the same being in a certain lodging, let by contract, &c . Sept. 5 . ++

Guilty .

[Transportation. See summary.]

360. (M.) Theodosia, wife of William Richardson , was indicted for stealing two blankets, value 6 d. one linen sheet, two flat irons, and one copper tea kettle , the goods of James Goodman , July 17 . ++

Acquitted .

361. Thomas Flatt was indicted for stealing four iron pots, value 4 s. the property of his majesty, July 19 . ++

Guilty .

[Branding. See summary.]

362. (L.) Mary Ingal , spinster , was indicted for stealing one linen tucker, value 10 d. the property of Westfield King , August 30 . +

Acquitted .

363. (M.) Ann Ward , spinster , was indicted for stealing three silver spoons, one pair of silver tea tongs, three gold rings, one gold ear-ring set with diamonds, one gold ring set with rubies, one gold ring set with sparks, one silver medal , one sattin bonnet, one cotton gown, and one linen apron , the goods of Nora Morffe , July 10 . +

Guilty .

[Transportation. See summary.]

364. (M.) Sarah Cross , spinster , was indicted for stealing one Portugal piece of gold, value 36 s. one half guinea, and 13 s. in money number'd, the money of Anthony Balendine , in his dwelling house , August 10 . ||

Acquitted .

365. (L.) Richard Williams was indicted for stealing one pair of men's shoes, value 6 s. the property of Robert Franks , Sept. 1 . ++

Guilty .

[Transportation. See summary.]

366. (L.) Mary, wife of Henry Rawden , was indicted for stealing one cloth cloak, value 2 s. one quilted petticoat, value 3 s. and one silk purse, value 12 d. the goods of Mary Boswell , spinster , July 14 . ++

Guilty 10 d .

[Whipping. See summary.]

367. (L.) Sarah Pank , spinster , was indicted for stealing thirty-three yards of crape, value 10 s. the property of Robert Howlet and Edward Williams , August 9 . +

Acquitted .

368. (M.) John Baptista Gorgone was indicted for stealing one linen gown, value 10 s. the property of Sarah Hutcherson , one smoothing iron, value 6 d. the property of Robert Swiney , Aug. 5 . ||

Guilty .

[Transportation. See summary.]

369. (L.) Eleanor More , spinster , was indicted for stealing twenty-four yards of linen cloth, value 20 s. the property of William Dawson and Isaac Walker , Sept. 10 . +

Acquitted .

370. (M.) Elizabeth, wife to John Harrison , was indicted for stealing one cloth cloak, value 6 d. one silk handkerchief, one linen shift, one linen sheet , the goods of Samuel Elkins , July 20 . ||

Guilty 10 d .

[Transportation. See summary.]

371. (M.) Mary Nocklis , spinster , was indicted for stealing one silver watch, value 10 s. the property of Bartholomew Devis , August 23 . ||

Guilty .

[Transportation. See summary.]

372. (M.) Mary Mantin , spinster , was indicted for stealing two pewter quart pots, value 2 s. 8 d. the property of George Robertson , August 24 . ||

Guilty 10 d .

[Transportation. See summary.]

373. (M.) George Cartwright was indicted for stealing three iron pots, value 5 s. the property of Richard Russel and Thomas Lawton , Aug. 22 . ++

Guilty .

[Transportation. See summary.]

374. (M.) Elizabeth, wife of William Courtney was indicted for stealing 31 s. in money numbered , the money of Lewis Longworth , Aug. 29 . ++

Guilty .

[Transportation. See summary.]

William Hadley , Stephen Harding , John Pritchard , and Eleanor Eddows , capitally convicted in July sessions, Andrew Scott , John Bradbury , otherwise Bradly , Brent Coleman , Richard Gregory , John Roberts , Thomas Price , Bartholomew Goodfield , and John Long , capitally convicted in September sessions, were all executed on Wednesday the 5th of October.

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

Received sentence of Death 9.

Andrew Scott , John Bradbury , otherwise Bradly, Philip Riley , Brent Colman , Richard Gregory , John Roberts , Thomas Price , Bartholomew Goodfield , and John Long .

Transported for fourteen Years, Michael Jacobs .

Transported for seven Years 34.

William Grimstead , Robert Hawley , Sarah Plank , Richard Williams , John Flatt , Jacob Optahem , Michael Curry , Robert Boyd , Thomas Cannon , Thomas Dumble , Susannah Fifield , Lewis Commington , John Baptista Gorgone , John Sutton , John Hanby , Ann Ward , Elizabeth Harrison , Daniel Lee , Mary Filton , William Moring , William Gilford , James Cooper , James Elkins , Ann Lucas , John Smith , Mary Nailiss , Mary Manton , George Cartwright , Edward Singleton , Elizabeth Courtney , Mary Condict , Esther Burch , Mary Ann Coleman , and Jane Davison .

To be whip'd 2.

Elizabeth Burton , and Mary Rawden .

To be Branded 3.

Jonathan Price , Thomas Flatt , and John Morris .

Just published, Price bound 8 s.

(The Third Edition corrected)

With additional Instructions to the Learner, ALSO Divers Chapters from the Old and New Testament

Engraved from the SHORT-HAND Writing of several Scholars that have learned the Art, with their Names and Places of Abode; an incontestable Proof that one may Read what another Writes with Ease:

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