Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 December 2014), October 1757 (17571026).

Old Bailey Proceedings, 26th October 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 26th, and Thursday the 27th of OCTOBER.

In the Thirty-first Year of His MAJESTY'S Reign. NUMBER VIII. Being the Eighth 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; the Right Honourable Lord Mansfield, Lord Chief Justice of the Court of King's Bench;* Mr. Justice Clive, one of the Justices of the Court of Common Pleas; + the Honourable Mr. Baron Legge , 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 Haydon

John Barnard

Francis Leach

Richard James

James Green

Robert Osley

Saunders Davenport

Richard William Seal

John Wellbourn

Thomas Eades

John Spendilow

James Hopkins

Middlesex Jury.

Richard Mount

Christopher Jackson

William Jones

John Burrell

John Speller

Thomas Deming

Thomas Pike

ThomasNoy

Blackgrave Gregory

Thomas Dormer

John Mills

Thomas Lynall

375. (M.) Elizabeth Thatcher , spinster , was indicted for stealing one pewter chamber pot, value 2 s. the property of LancelotDobison , Oct. 21 . ++

Lancelot Dobison. I am a publican ; the prisoner came into my house last Friday, and call'd for a pint of beer.

Q. Where do you live?

Dobison. I live in Beech lane ; the pot was missing as she was going away, and Elizabeth Green went after her, and took her with the pot upon her that is mentioned in the indictment.

Elizabeth Green. I live with Mr. Dobison. I had been cleaning the chamber pot, and had set it out at the back door to dry; the prisoner came into the house, and I went to draw a pint of beer to carry out to a neighbour; when I came back I missed the chamber pot, and suspecting the prisoner had taken it, I went after her and asked her for it; she drop'd it down, and said if it was mine I might take it. It is a pewter pot.

Q. How far had she gone?

E. Green. This was within a little way of my master's door.

[ The pot was produced in court, and deposed to by the prosecutor.]

Prisoner's Defence.

I know nothing of it.

Guilty .

[Transportation. See summary.]

376. (M.) John Savage was indicted for stealing one silver watch, value 20 s. one pair of buck skin breeches, value 10 s. and one linen shirt, value 2 s. the property of John Lloyd , Sept. 24 ++

John Lloyd . The prisoner was my lodger; I lost the things mention'd on a Saturday night, but don't know what day of the month.

Q. From whence did you lose them?

Lloyd. The watch was in a drawer, and the other things were in the same room.

Q. Was the drawer lock'd?

Lloyd. No, it was not.

Q. Did you ever find the things again?

Lloyd. The prisoner was gone when they were missing. I went after him and took him in Broad St. Giles's, at which time he had my watch in his pocket, my breeches on, and my shirt was in his bundle.

Q. What did he say for himself?

Lloyd. He own'd he took them.

Q. In what room where the things, where you or where the prisoner lay?

Lloyd. They were in the room where the prisoner lay.

Q. How long had he lodged with you?

Lloyd. Not above nine days or a fortnight.

Q. How long had you known him?

Lloyd. I had known him no longer. I thought him to be a very honest man.

The constable produced the things.

Prosecutor. These are all my property.

Prisoner's Defence.

On the Saturday night I paid my prosecutor's wife for my lodging. I ask'd her where my shirts and stockings where. She said my stockings lay on a chair, and my shirts were in a basket in the room where I lay, which stood on the chest of drawers; there were three in number; I took them up and thought they were all my own; these breeches lay on my bed, which I took and put on instead of my own, by mistake: As for the watch that never was his, it is my own, and he had lent me two guineas upon it.

Q. to prosecutor. Look at this watch again, whose is it?

Prosecutor. I bought this watch of the prisoner for two guineas and a half, and was to have it a week upon trial. I paid him two guineas, and was to give him half a guinea more if it pleased me; if not, I was to have my money again, and he his watch.

Q. Were these breeches lying on the prisoner's bed?

Prosecutor. No, they were not; they were hanging on a nail.

Q. Where was the shirt?

Prosecutor. That was in a basket on the chest of drawers.

Q. Did your wife wash his linen for him?

Prosecutor. She did; he had but three shirts of his own, which he took, and mine too.

Q. Did he leave his breeches behind him?

Prosecutor. No, he did not; his breeches were in his bundle when we took him; he had cut the buckle and strap off my breeches behind, that I should not know them, and tied them with a string. ( The buckle and strap produced.)

Guilty of stealing the breeches .

The prosecutor paid the prisoner half a guinea and took the watch.

[Transportation. See summary.]

377. (M.) John Hall was indicted for stealing one linen shirt, value 4 s. the property of Robert Willett , October 3 . +

Robert Willett . I lived fellow servant with the prisoner at Mr. Gold's, in Bloomsbury-Square .

Q. In what capacity did you live there?

Willett. I am a coachman . The prisoner had lived there four years. I know nothing against him. I have trusted him with things in common. I did not know that I had lost any thing till I found this shirt, which is mention'd in the indictment, at a pawnbroker's. ( Producing one.) This is my property.

Q. Where was it taken from ?

Willett. I can't tell that.

Q. By what do you know it to be your's?

Willett. By the mark, a letter R. and a figure of 6 under it; the rest of my shirts are mark'd the same way, only different numbers.

Samuel Spencer . On Monday the 3d of October, about six in the evening, the prisoner brought this shirt to me.

Q. Where do you live?

Spencer. I live in Holbourn, and am a pawnbroker. I asked him what he wanted upon it. He said, three shillings, or three shillings and six pence. I look'd at him, and by his dress I thought him to be a hackney coachman. I said, whose property is this - It is my own. - What is your name? - John Hall. I open'd it and saw the letter R. and No. 6 under it. I said, I suspect you did not come honestly by it, I must stop it; where do you live? - I live in the neighbourhood. I said, if you will bring any body to prove you came honestly by it I will lend you the money, or you shall have the shirt again. He went, and said he'd come back again. The next morning he came with a neighbour, who keeps a publick-house. I asked him if he knew the prisoner. He said he did, and that he used his house, but he knew nothing of the shirt. I said, that is not sufficient for me, I will advertise the shirt to-morrow, so you had better tell me whose it is; then he said he wish'd he had been whip'd round Bloomsbury-Square before he had meddled with it. Then I bid him go and fetch somebody that could give an account of it. He did not bring any body. Then I went and took him up and carried him before justice Welch, where he confessed it was the coachman's property, and that he took it out of the stable. The prosecutor came and swore it was his shirt. and described it by that he had on his back.

Prisoner's Defence.

I was a little in liquor and did not know that it was the coachman's shirt. I took it, and never open'd it till I got to the pawnbroker's house. I thought it was my own.

Guilty .

[Transportation. See summary.]

378. (M.) Jane Hickey , spinster , was indicted for stealing one silver spoon, value 5 s. the property of Thomas Baynham , one silk gown, value 8 s. and one pair of jumps, value 2 s. the property of Mary Jones , widow , July 23 . +

Mary Jones . On the 23d of July the prisoner came and ask'd me to let her lie with me one night.

Q. Where do you live ?

M. Jones. I live in King-Street, Bloomsbury . She had lived fellow servant with me some time before this.

Q. Do you keep a house?

M. Jones. No; I am a servant to Mr. Thomas Baynham . The prisoner being a good workwoman with her needle I employed her to work for my master, having never heard any ill of her before.

Q. Did she lay at your house only one night?

M. Jones. She lay there several nights, best part of a month.

Q. Did your master know that?

M. Jones. No, but he saw her at work in the house. I missed a silver spoon of my master's on the 24th of July, but did not suspect her. After she was gone I missed my silk gown and a pair of jumps.

Q. From what part of the house did you miss the spoon?

M. Jones. From out of a closet in the kitchen, and my things from out of a garret where I lay.

Q. How do you know she took them ?

M. Jones. They were found at Mr. Spencer's, pawn'd in her name, and I had them again on my paying for them.

Q. How much did you pay for them ?

M. Jones. Seven shillings and two pence halfpenny.

Samuel Spencer . Mr. Baynham came to me and ask'd me if I had taken in a silver spoon, mark'd J. B. I looked in my book and said I had, but had delivered it again a few days before to Jane Hickey. There was 5 s. put down against it, which she had on it.

Q When was it?

Spencer. It was delivered on the 27th of July, and she brought it on the 23d. As I had deliver'd it I cannot swear to it now. The prosecutrix and Mr. Baynham's son came and ask'd me if I had ever a silk gown or jumps of any body's bringing. I looked, and found that on the 28th of July I had taken in such things of the prisoner. I went and brought them down, and the prosecutrix own'd them. She ask'd me what I lent upon them. I said I lent her 7 s. upon them, which she paid me, took them away, and has had them in her custody ever since. (The things produced in court.) As to the spoon, that which I h was like it, but I can't say this is it. The gown and jumps are like what I took in, and I believe they are the same.

Q. Are you certain the prisoner is the woman that brought the things you mention?

Spencer. I am.

Q. How long have you known her?

Spencer. I have known her six or eight months.

Joseph Pecker . I am servant to Mr. Watson, a pawnbroker, at the corner of Leather-Lane. I took in this silver spoon here produced of Jane Hickey , the prisoner at the bar, on the 27th of July, and lent her 8 s. on it.

Q. Where has it been since that time?

Pecker. We have had it in our custody ever since.

The prisoner had nothing to say in her defence.

Guilty .

There was another indictment against her for a single felony.

[Transportation. See summary.]

379, 380. (M.) Henry Bates , and Elizabeth his wife , were indicted for stealing twelve pounds weight of silk, value 18 s. four gold rings, value 10 s. one crystal seal set in gold, value 5 s. one pair of diamond ear-rings, value 10 s. one silver locket, value 1 s. one silver mug, value 10 s. six silver tea-spoons, one pair of ruffles, eight muslin and lawn handkerchiefs, two muslin aprons, two linen caps, one linen shift, and one napkin, the goods of Peter Le Magnian , in the dwelling-house of the said Peter , Sept. 25 . ++

Peter Le Magnian being a foreigner, and not speaking English, an interpreter was sworn.

Peter Le Magnian . I live in White-Row, Spital-Fields, at No. 7. I had a maid that had a child, and Mrs. Bates came very frequently to my house to see her, and after our house was rob'd we suspected her, they going very fine all at once, after we had been rob'd last Christmas; we were rob'd twice.

Q. Was your house broke open?

Le Mugnian. No; we suppose they got in by a false key, by the door being shut to and lock'd. In the morning we found near the drawers, from whence the things were taken, in one of my rooms, a piece of a striped handkerchief, which was torn off. We got a search warrant to search Bates's house, but found none of my goods, only a small piece of silk, part of which I lost, and the woman prisoner had the handkerchef round her neck, which we have here, her own property, which tallies exactly with the piece torn off and left in my room. ( Produced in court the silk deposed to, the piece and handkerchief compared, and the piece exactly suited the handkerchief.

James Turner . I was at the taking of the prisoners. We knock'd at his door the over night, and he would not answer, so we nail'd up the door, which open'd outwards, having strong suspicion he was within.

Q. What time did you nail it up?

Turner. About nine at night. Then the prosecutor was resolved to watch the house all night, fearing he should get away. We knock'd at the door several time and call'd him by his name, but he would not answer. At six o'clock the next morning the prisoner tap'd at the window, and said he'd come out if I would come to the window. We ask'd him if he did not hear a knocking at the door and his name called. He said, yes. We said, then why did you not let us in. He said, because he did not think proper to be put in the hole in the watch-house all night. Then the officer told him he had a search warrant to search the house. He said, he did not know where the key of the door was, he believed his wife had it. We ask'd him where she was. He said in Crooked Lane. We sent a watchman for her thither, as he had directed. Then we were informed that she and her daughter were in his own house, striving to open the door to get out. (A hammer and chissel produced, that were left in the prosecutor's house.)

Isaac Scandal . I am a constable. I found this piece of silk in the prisoner's house.

Q. In what part of the house?

Scandal. I took it out of Henry Bates 's hand. We looked about but could not find any of the goods which are mention'd in the indictment, besides this small piece of silk.

Both acquitted .

381. (M.) Henry Clark was indicted for that he, on the king's highway, on Thomas Parker did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one silver watch, value 3 l. one half guinea, and 5 s. in money, the property of the said Thomas , Sept. 19 . +

Thomas Parker . On the 19th of September last I was going in a post chaise from London, to a place call'd Thorp, about fifty yards on this side the Bohemia's-Head , going to Turnham-Green, I was stop'd by a single highwayman on horseback. I did not hear any body call to the boy that was driving me, but the boy told me afterwards that the man call'd to him twice to stop.

Q. What time was this ?

Parker. This was but a little before twelve at night.

Q. Was it light or dark?

Parker. It was very dark. I asked him what he wanted (I am one of his majesty's messengers, and I thought it was somebody come to counter-order me in the duty I was sent upon.) It was some time before he answer'd me. Then he said he was necessitated and must have my money. I told him my money that I had about me was very little, I was only going to Hounslow. I had half a guinea, five shillings, and some halfpence, which I gave him. After that I said to the boy go on, but he being surprised, did not stir with the chaise. Then the prisoner said to me, I believe you have given me only halfpence. Then I told him distinctly what money it was; I suppose he then had pocketed it. He came up again and said, I must have your watch. I said, my watch will be but of little service to you, it is an old silver one, and my name and the date of the year are engraved on it, and it may only deceive you; he swore then his necessity was such that he must have it.

Q. Have you seen the watch since?

Parker. It is here in court.

Q. Can you swear to the man that rob'd you?

Parker. It was so dark I cannot.

Thomas Bishop . On Tuesday the 20th of September last, between the hours of twelve and one at noon the prisoner came into my shop.

Q. Where do you live?

Bishop. In Holbourn; he offer'd me this watch to sell.

Q. What is your business?

Bishop. I keep a sale shop, and buy and sell watches, swords, &c. He asked me 4 guineas for it. He said he was going where he should have no occasion for it, therefore he would sell it. I ask'd him if it was his own. I saw a different name on the inside the outside case, but on the work of the watch there was, '' Jason Cox , Long-Acre.'' I asked him how he came by it, and he said it was made for him by Mr. Grigg, in St. Giles's Street. I said if he could prove it to be his own property I would buy it, but to me it did not appear to be made by Mr. Grigg, for the reason before mention'd. I called one of my men down, and bid him go to Mr. Cox, in Long-Acre, to desire him to step to me directly; to which the prisoner complied very willingly, to outward appearance, but the man had not gone past 8 or 10 doors before he went out of the shop and walk'd off. Mr. Cox came, and I shew'd him the watch, desiring him to tell me who he made it for. He said he believed he could tell by his book at home. I waited on him thither, and found it was made for a person that lived with the duke of Newcastle. I went to the duke's house, and on inquiry found out the prosecutor, who had formerly lived servant there. When I asked him if he had been rob'd, he said he had been rob'd (he thought ) by a girl in breeches.

Q. What did he mean by that?

Bishop. He said because when he tap'd at the chaise door, he tap'd like a lady with a fan. I asked him if he had been rob'd of a watch; he said he had, that there was a green string tied to it, and his name on the inside case (but that had been rub'd out since) then I shew'd it to him, and he own'd it.

Q. When did you see the prisoner after that ?

Bishop. He was taken by means of the advertisement the Thursday after, and I saw him that afternoon at justice Fielding's.

Q. You say there was a different name on the inside case ?

Bishop. It was on a bill on the inside the case, Richard Grigg . (The watch produced in court.)

Prosecutor. This is my property, I carried it in my pocket 25 years.

George Cox sworn.

Parker. May I be admitted to speak a word or two before this man gives his evidence. When I found the bill at Hicks's-hall, this Cox now sworn came and hector'd, and swore in a bad manner that he would have his name put down as an evidence. I asked him if he knew either the horse or the man; he said he knew the horse by a cough that he had. It appears to me he only wants the reward, if the poor fellow is convicted.

George Cox . About eight at night, on the 19th of September, as I was driving a post-chaise with a gentleman and lady in it, opposite the four mile stone by Hammersmith (coming towards London) a gentleman met me, and order'd me to stop.

Q. Did you know him?

Cox. No; I can't say it was the prisoner.

Q. Did you drive Mr. Parker that night ?

Cox. No.

William Edwards . I am ostler to Mr. Beekford, who lets our horses and post-chaises. I deliver'd a horse which we call Black-Jack to the prisoner at the bar, who had hired him about three or four in the afternoon, to be ready at six, at which time he came and I deliver'd him to him.

Q. What day was this?

Edwards. It was on a Monday in September, but I don't know the day of the month.

Q. Whither did he hire the horse to go to ?

Edwards. To go to Croydon.

Q. to prosecutor. Did you observe any thing of the horse?

Prosecutor. All I can say of him is, I believe he had a swish tail.

Q. Was you put in fear ?

Prosecutor. I can't say I was much in fear.

Q. Did you observe any instrument he had?

Prosecutor. When he demanded my watch the second time, I perceived something like metal shine in his hand, which I thought might be a pistol.

Q. to Edwards. When did the prisoner return with the horse?

Edwards. I took the horse of him about 2 o'clock on the Tuesday morning.

Q. Can't you recollect what day of the month it was ?

Edwards. It was the same night that Mr. Parker was rob'd.

Q. Where is the horse now?

Edwards. He is in my master's stable now.

Q. to prosecutor. What day of the week was you rob'd ?

Prosecutor. On a Monday night.

Q. to Edwards. How came you to know Mr. Parker was rob'd that night your horse was out?

Edwards. I was told there had been a robbery that night, by a post boy that return'd at the same time.

Q. Then why did not you stop the prisoner?

Edwards. Because I was alone when he came back.

Prisoner's Defence.

I hired the horse he speaks of on a Tuesday evening, and when I came home about two the next morning there was a watchman by the gate, who took the horse of me, and I gave him three pence. Mr. Bishop says I told him I bought the watch of Grigg, it was not so; I bought it of a sailor on the road, who wanted money, and told me he was going to Portsmouth. He said I should have it for a guinea and a half, or two guineas, he wanting money to bear his expenses. I was about buying a watch before, so bought that.

Guilty , Death .

382. (M.) Elizabeth Watkins , spinster , was indicted for stealing one linen bed quilt, value 4 d. two blankets, value 1 s. 6 d. and two linen sheets, value 6 d. the property of Jonathan Smith , Oct. 1 . ||

Jonathan Smith . I was not at home, so know nothing more of it than what I learn'd from the witness who stop'd the prisoner. I went out and lock'd my door, and was sent for and told what had happen'd.

Elizabeth Knight . I live opposite Mr. Smith's house. I saw the prisoner come out of his house, at the back door, with a bundle of things; I stop'd her, and went to my neighbour, desiring him to examine her.

Q. When was this?

E. Knight. This was the first day of this instant October. I asked her where she was going; she said to Kingsland-road.

Q. Did you see what she had got?

E. Knight. No, she threw them down in the road when she was stop'd.

Thomas Milican . I live opposite to Mrs. Knight, and heard her say, that woman has got something that is not her own. I went and laid hold of the prisoner, and said she must give me an account of what she had got about her. She endeavour'd to get away, but I stopping her she threw the things down on the ground, and said, d - n you, there they are.

Q. What things were there ?

Milican. There were a quilt, 2 blankets. and 2 sheets (produced in court.)

Prosecutor. These are my property, and were taken out of my house.

George Beeson . I heard my neighbour Knight call out; I ran and saw the last evidence had hold of the prisoner, who threw the things here produced down, and I took them up; we brought her and the things back.

Charles Tollet . I am a constable; these things were deliver'd to me on the 1st of October, and have been in my custody ever since I was sent for to take charge of the prisoner.

Prisoner's Defence.

As I was going to Islington to work, I met a woman big with child, who said she'd give me two pence to carry her load to Kingsland-Road for her; it was as much as ever she could do to stand under it. I being willing to earn the two pence took and carried it for her, and these people came and hawl'd me about, drag'd me, and push'd me up against a wall; I never was so used before in my life.

Guilty .

[Transportation. See summary.]

383. (M.) Margaret Nowland , spinster , was indicted for stealing one woman's silk capuchine, value 20 s. the property of Carey Boucher , October 3 . ||

Christopher Alderson . I live with Carey Boucher; the prisoner came into our shop.

Q. Where does Mr. Boucher live?

Alderson. He is a mercer in Bridge-Street, Westminster . I was serving a customer while my master and mistress were at dinner, in a parlour behind the shop. The prisoner said she wanted some stuff to make her a gown, but did not know what to pitch upon, and said she must see several pieces. When I had served the other person I attended on her. There were some ready made goods, scarlet and black cardinals and capuchines, lay on the counter, which I went behind, opposite to her; she pointed over the counter to a piece of stuff, which, she said, she wanted to see. I laid hold on it, and in the mean time there was a capuchine lay upon some other goods, which I saw her take and put it under her cloak. I shew'd her several pieces of stuff after that. She said she liked one piece very well, but we could not agree for price, so I went backwards to my master to know if he could take the money, and told him she had put a capuchine under her cloak. My master came out and shew'd her several more pieces. Then I went to my mistress, a kinswoman of my master's. and asked her if she did not know of such a capuchine lying on the other goods. She said, she did. I said, the woman now has it under her cloak. She came out, went to the prisoner, who was sitting, and took it from under her cloak.

Q. Had she gone out of the shop ?

Alderson. No, she had not. (Produced in court.)

Q. Where has it been since ?

Alderson. In the hands of the constable, who deliver'd it to me to day, and said he should not be wanted, so is gone home.

Q. What is his name?

Alderson. I don't know.

Hannah Triscom . The prisoner came into the shop, and was there some time.

Q. Look at this capuchine here, do you know it?

H. Triscom. I do; it is Mr. Boucher's property. I took it from un der the prisoner's cloak.

Q. Do you live there ?

H. Triscom. I do; I keep his house.

Q. By what do you know it ?

H. Triscom. It is a new one; I made it myself, and I can swear to the silk.

Q. Did you make no others of the same sort of silk?

H. Triscom. We had no others made of the same silk then; this was made for a lady at Hampstead, and I expected her to call for it every minute; the prisoner had it under her cloak all of a wisp.

Prisoner's Defence.

I went to buy a gown, something of a brown stuff, when the man was serving two customers. He ask'd me what sort of stuff I wanted I said, something very dark for a winter gown; I pointed to a piece and sat down in a chair; I did not know that any thing lay on it. He asked me 14 d. per yard for it, and then 13 d. I had a guinea and 13 d. in my pocket. We could not agree for price. The gentlewoman came out of the room and said, get up. what is this under you? I got up, and the capuchine was under me. I said, I beg your pardon, I did not know that I sat upon any thing. She said, I stole it. I said, I will go any where with you, for I know myself innocent. My husband is on board one of his majesty's ships, and I have three small children to maintain. I buy and sell old cloaths.

Q. to H. Triscom. Are you sure it was not under her?

H. Triscom. It was not. I took it from under her left arm, under her cloak; she was sitting on a stool in the shop.

To her Character.

Mary Riley . I live at St. Giles's, and have known her six or seven years.

Q. What is her general character?

M. Riley. I never knew any ill of her in my life.

Q. What business does she follow ?

M. Riley. Making shirts and shifts.

Acquitted .

384. (M.) Robert Lowman was indicted for stealing one pair of marble ships, value 6 s. one pair of marble noses, value 3 s. and one marble slab, value 10 s. the goods of Mary Perkins , widow , October 1 . ||

Mary Perkins. The beginning of last week my man came and told me he had found out my marble that I had been rob'd of.

Q. What are you ?

M. Perkins. I am a mason , and live in Goswel-Street .

Q. How long had the marble been lost ?

M. Perkins. About two months ago; two slips, two nosings, and a slab, which is part of a chimney piece. He told me Mr. Allen, of Islington, had bought them of the prisoner at the bar.

Q. Was the prisoner your servant ?

M. Perkins. No; he had work'd with us about fourteen or fifteen years ago, and he used to come about our store yard; I never liked him. I order'd my man to go to Islington to see it, as he was the person that cut it all out, which he did, and swore it to be mine.

Q. Was you before the justice with the prisoner?

M. Perkins. I was, before justice Chamberlane, where he own'd the taking them to me, and said, he hoped I would be merciful to him.

Q. Do you know the marble?

M. Perkins. To the best of my knowledge I can swear to it to be my property.

Prisoner. As for the slips I took them, but the slab I did not; I had that by me four years ago.

John Insel . A man came into my mistress's yard in Wood's-Close, and told us of this marble. I was sent by my mistress to Islington to see it, and I can swear to it as her property. I cut it out myself, and was present before the justice, where the prisoner confessed, in my hearing, that he stole it, and also in going along he own'd that he stole it.

Q. Where was it ?

Insel. The prisoner had sold it to one Mr. Allen at Islington. ( Produced in court.) This is the very same, my mistress's property.

Guilty .

[Transportation. See summary.]

385. (L.) Catherine, wife of Edward Faulkner, was indicted for stealing one Common-Prayer-Book, value 1 s one Bible, value 2 s. and seven other books, value 7 s. the property of John Jeferys , Sept 28 . ||

James Maryot . I am a pawnbroker; the prisoner at the bar brought me a book to pawn on the 9th of April, on which I lent her 2 s.

Q. What was the title ?

Maryot. A Common Prayer-Book. I ask'd her if it was her own. She told me it was her own property, and I never knew to the contrary till this thing happen'd. (Producing it.) The prosecutor came to me to enquire after it, and I deliver'd it to him.

Q. Did you know the prisoner before?

Maryot. She lives opposite to me; I had not been there above five days before she pledg'd it with me.

John Brooks . I am servant to Mr. Crofton, a pawnbroker, in the Broad-Way, Black-Friars; the prisoner has used our shop very frequently for these ten years. She brought and pawn'd these books (producing seven books) for a shilling each.

Q. What are they?

Brooks. They are Common-Prayer-Books.

Q. Have you known her ten years?

Brooks. No, I have not; but the persons that belong to the shop have.

Q. Are they new or old books?

Brooks. They are new ones.

Q. Could you think they were her own?

Brooks. I thought she might deal in them very largely.

Q. Did she bring them all at one time?

Brooks. No; she brought them at several times.

Q. Is she a bookseller?

Brooks. No.

Q. When did she bring them?

Brooks. I can't answer that, it is so long ago.

Q. Who took them in?

Brooks. The person that took them in is gone to sea.

Q. Where did you bring them from?

Brooks. From Mr. Crofton's house now.

Q. How long have you been there?

Brooks. Better than 3 months.

Q. How long have these books been there?

Brooks. Ever since January and February last.

Q. Did you take in any of them?

Brooks. No.

John Jefferys . (He look'd at the book produced by Maryot) This is my property; I finish'd it myself. I had it to bind for the trade, with others, and when they were to go home there was one short, and I sent one in the room of it, so this is my property; the cuts are different from that which I sent.

Q. What is the prisoner?

Jefferys. She work'd with me; she came to me about January last. I was at Mr Hadley's a bookbinder, where I saw this Bible. I said before it was open'd, if it was mine it was sprinkled on the title. I look'd and found it so (it was done by my boy by mistake.) I ask'd him how he came by it, and he told me; but he is here and will give the court an account.

Mr. Hadley. This Bible was brought to me by Abraham Burt , who keeps a stall in Moorfields. Mr. Jefferys happen'd to come to my house afterwards and saw it.

Q. Was it brought to be bound?

Hadley. It was part of it bound when brought to me. Mr. Jefferys open'd to a place directly, saying before-hand it was torn in such a place. We found it so.

Q. Where has it been since?

Hadley. It has been in the constable's hands ever since.

John Jackson . I am a constable. Mr. Jefferys swore to this Common prayer-book and Bible before the sitting Alderman, and I have kept them ever since in my custody.

Jefferys. When that Common-prayer-book was found, the prisoner confess'd there were seven more at a pawnbroker's in Black-friars. She went with me thither, they were produc'd and she confess'd they were mine.

Brooks. She confess'd the same to me, and desir'd I would conceal it from Mr. Jefferys.

Q. to Jefferys. Can you say whether they are yours or not?

Jefferys. I can swear they were bound at my shop, but I might sell these books and she might have stole them from other persons.

The prisoner had nothing to say in her defence.

To her Character.

William Craven . I have known the prisoner 3 or 4 years.

Q. What is her general character?

Craven. I never knew any ill of her in my life, her husband is a shoemaker, and she is what they call a sewer of books.

Mary Honiby . I have known her between 5 and 6 years. I lived right over against her.

Q. What is her general character?

Honiby. A very industrious woman, one that, work'd very hard, and took a deal of care and pains for her children.

Mary Gibson . I lived next door but one to her, and have known her between 5 and 6 years.

Q. What is her general character?

Gibson. She is a very hard-working endeavouring woman to bring up her 3 small babes.

Guilty, 10 d.

[Whipping. See summary.]

386. (L.) Cornelius Braden was indicted for stealing 4 lb of sugar, value 12 d. and 4 lb of ginger , the goods of persons unknown, Oct. 24 ||

John Pyke . I saw the prisoner come out of our warehouses on the key. I observ'd his cloaths, and thought he look'd stiff and round. I call'd him, and he came to me. I search'd him, and found both ginger and sugar upon him. I ask'd him how he came by it He said it was the first time, and that he would do so no more if we would let him go.

Q. Was he employ'd there by you?

Pyke. No, he was not's the porters employ people, he might be employ'd by them.

Q. Do you belong to the key?

Pyke. I do.

Q. In what part about him did you find the sugar?

Pyke. He had seven or eight pockets about him, properly fix'd for that purpose, and there was sugar or ginger in them all.

William Oxley . I am trusted with merchants goods at Summer's Key, in the warehouses; the prisoner was detected by Mr. Pyke, and had seven or eight pockets in which there was sugar and ginger.

Q. Whose goods were in the place the prisoner came out of?

Oxley. There were goods belonging to several merchants.

Q. Had you missed any goods from thence ?

Oxley. We have lost goods several times, but could not charge the prisoner.

Q. How much sugar and ginger was found upon him?

Oxley. I can't say that, it was not weigh'd; there was the quantity laid in the indictment, or more. I saw the prisoner down on his knees to Mr. Pyke, saying it was the first time.

Prisoner's Defence.

These parcels of sugar and ginger I pick'd up from off the ground, before I went up into the warehouses to work. I went up with the other men and came down with them.

Q. Who employ'd you?

Prisoner. I don't know, nor whom I was at work for; I never work'd along with them before.

Acquitted .

387. (L.) Samuel Drybutter was indicted for stealing two tortoishell snuff boxes unmounted, value three pounds three shillings , the property of James Cox and Edward Grace , Sept. 3 . ++

Edward Grace . On the 19th of September Mr. Allen call'd upon me, saying he had something to shew me; he shew'd me two snuff boxes, and I immediately said they were our's.

Q. Have you a partner ?

Grace. James Cox is my partner. I asked him where he had them, and he said he had them of Samuel Drybutter (the prisoner at the bar) to mount for him.

Q. By what do you know them?

Grace. I can swear to one of them, because the mark on the inside is my own figuring of what it cost me; as to the other, the mark was rob'd out. Being sure I had never sold it myself, I asked my Partner whether he had or not, and he said no. Then I asked Mr. Allen to go with me to justice Welch. We went thither, and his worship granted a warrant for the prisoner. I went and served it, and took him before Mr. Welch, where I charged him with stealing the two boxes. Mr. Drybutter said that Mr. Cox had deliver'd them to him.

Q. Was Mr. Cox present at the time ?

Grace. He was, and took his oath that he never deliver'd them to him. (The boxes produced in court. He takes up one of them. ) This I can swear to be my property.

Cross Examination.

Q. How long have you known the prisoner?

Grace. I believe about two years.

Q. Did you look upon him to be a master or a servant ?

Grace. I always look'd upon him to be a servant to his mother.

Q. Does not she keep a reputable shop somewhere?

Grace. She does, in Pall-Mall.

Q. Does she follow the same trade as you?

Grace. We are in the wholesale way, and she in the retail; she deals in some articles that we do.

Q. Does she not likewise keep another shop in Westminster Hall, on the left hand?

Grace. I always look'd upon it that she kept that shop.

Q. In whose name do you make your bills our ?

Grace. In the name of Jane Drybutter .

Q. Do you not know that she keeps another shop at Tunbridge?

Grace. I do, by hear-say.

Q. Whether they have not laid out a great deal of money at your shop?

Grace. I believe about sixty or seventy pounds.

Q. Whether, supposing goods are ask'd for at one of these shops, and the party has not such goods, it is not customary for the wholesale dealer to let the retail dealer have goods to shew?

Grace. Sometimes it is.

Q. Don't the retail customer sometimes desire a thing to shew, when you don't know whether they will buy it or not ?

Grace. Sometimes we do let them have them so, and sometimes not.

Q. Whether you or your partner have not let Mr. Drybutter have jewels, such as a diamond ring, worth thirty or forty guineas?

Grace. My partner may, but I have not.

Q. Do you deal largely ?

Grace. We have a very considerable business.

Q. Has he been frequently at your house?

Grace. He has.

Q. Whether the delivery of these boxes might not have slip'd out of your partner's head?

Grace. I apprehend not.

Q. Whether you do not, from your own knowledge, know several instances of that fallibility of your partner, as you sell large quantities at a time ?

Grace. Sometimes we sell a box alone to them that sell again, and sometimes many articles in a parcel; sometimes a hundred pounds worth at a time, and perhaps a hundred articles for it.

Q. Do you keep an open shop?

Grace. No, we do not.

Q. Whether it is not probable your partner might make a mistake?

Grace. He has sworn he has not made a mistake in this.

Q. As to a note of eleven hundred pounds, did he not make a mistake once ?

Grace. He once did drop a note of eleven hundred pounds upon 'Change, but that is nothing at all to the purpose, as to such an affair as this.

Q. Upon settling accounts with the prisoner once, whether there was not a book, mounted with gold, omitted, which you should have charged?

Grace. I do not remember such a thing.

Q. Did he not come and return you a book worth seven guineas and a half, that you had not mention'd in your account?

Grace. No; I do not remember any such thing.

Q. Is it usual upon surmises of this sort to go and take out a warrant, without calling upon the man to talk with him first ?

Grace. I don't know whether it is usual or not; but when a person loses a thing and thinks he is rob'd of it, he has a right to do himself justice.

Q. Whether you don't know that the prisoner at the bar was well acquainted with your dealing with Allen ?

Grace. I suppose he knew that, but I am not certain; I will go so far as to say I believe he did know that.

Q. Whether, if the prisoner had feloniously taken these boxes, he would have sent them there with the marks on them?

Grace. I apprehend he thought they never would have came to our sight again.

Q. Whether a man could not, with the least trouble in the world, take that mark of your's out?

Grace. He might easily have taken them out; I could rub them out with my finger, and the mark was rub'd out of one of them.

Q. How can you say the mark was taken out of one of them, when you can't swear to it.

Grace. Mr Allen told me his servant rub'd out the mark from that, and was going to rub out the other, had he not forbid him.

Joseph Allen . I was sent to by Mr. Drybutter, to know if I could mount him these 2 boxes; I was very ill then. About a week after I sent my servant to know what price he would go to, and how he would have them done? He sent word he bought them cheap, and he would have them done cheap.

Q. Do you know this of your own knowledge, or by hear-say?

Allen. He said so since to me, and that was his answer he sent me; they were good boxes, and I did not think the order was sufficient, so I mounted them well, that is, my servant did for me. Mr. Cox having some time before spoke to me to mount some of the same kind, I call'd upon him and said I had something to shew him, saying, they were like such boxes as he wanted me to mount. He and his partner looked at them and said, where had you these boxes, they are not gold, they are not such as we want; who are they mounted for? I said, for Mr. Drybutter. They said one to the other, these are our boxes, and there was their mark upon one of them; and Mr. Grace insisted upon my going with him to Westminster-Hall, which we did. Mr. Drybutter saw me at a distance, and when I came up to him he said, have you brought my boxes. I said, I don't know: I have brought the boxes your servant brought to me, if they are your's. He said, they are, so I delivered them to him. He asked me what I must have for doing them. I said, 12 s. a piece. He said, he would give but 4 s. a piece. I had a constable along with me. I would not agree to take 8 s. for them both. He said, I should take one into my possession, and he'd keep the other till he inquired the price. I said, I should keep them both, so took them, and gave the constable charge of him, he having the warrant.

Richard Finch . I am servant to Mr. Allen. My mistress told me Mr. Drybutter's servant brought these two boxes to be mounted (looking upon them.) In two or three days after I went there, in order to know in what manner he would have them done. He shew'd me an oval green box, and said he would have them done in that manner. I said, they were very good tortoishell boxes, and would afford a better mount; he said, it did not signify, for he bought them cheap, and he intended to have them mounted cheap.

Cross Examination.

Q. Did you carry the boxes back and shew him them?

Finch. No, I did not.

Robert Wright . I am apprentice to Mr. Drybutter, and carried two boxes to Mr. Allen's, to be mounted, by my master's order [he looks at them] these are I believe the very same.

Q. Who did you see there?

Wright. I saw Mr. Allen.

Q. Did you see the last evidence there?

Wright. No, I did not; I deliver'd them to Mr. Allen.

Cross Examination.

Q. Is it not usual for all such boxes to be mark'd by your master, or the owners of them?

Wright. It is.

Q. Look at this that is marked, and see if it is your master's mark or not.

Wright. It is not marked with any mark that I know.

Q. Are there any goods brought into your shop that are not marked?

Wright. Yes, there are.

Q. Do you remember your master's bringing these goods home?

Wright. No.

Q. Did you hear your master say there was a lady wanted to look at some boxes ?

Wright. I heard him say a gentleman and lady wanted to look at some.

Q. Were they put in a place where unmounted boxes are put?

Wright. They might be for what I know.

Q. Has not Mr. Allen worked for your master some time?

Wright. He has.

Q. How do you know that?

Wright. I have carried him things to do?

Q. What is this mark made with?

Wright. It is made with ink, I fancy.

Q. If a person was conscious he had stoln that box, might he not easily rub that mark out by weting his finger?

Wright. Yes.

Q. Did he send you in the ordinary manner as with other goods, or did he give you any particular caution?

Wright. He gave me no particular caution, but sent me as he does with other goods in the course of trade.

Q. Did he give you any order of secrecy?

Wright. No.

Q. Did you go in the day or night?

Wright. In the day-time.

Q. Does Mr. Allen work for other people besides your master?

Wright. I believe he works for a great many of the trade.

Q. How long have you been at the business?

Wright. About half a year.

Q. Is it not usual in trade of fancy to have goods upon sale or return?

Wright. Yes, my master has.

Q. Has he had any of Mr. Grace or Mr. Cox in that manner?

Wright. I can't say.

Q. Has your master now any goods of other people on sale or return?

Wright. My mistress has I believe, but I can't say.

Q. Is it your master's or mistress's shop?

Wright. I fancy it is my mistress's.

Q. Were these as publick in the shop as any others.

Wright. They were as far as I know.

Henry Blake . I am the constable. When I came into Westminster-Hall to serve the warrant on the prisoner, Mr. Allen and he were talking about the price for mounting them. The prisoner was unwilling to give him 12 s. a piece for mounting them. Mr. Allen said they were very pretty boxes, and he should be glad if he would tell him where he could meet such. The prisoner answered, he bought them of a Frenchman. He would have had Mr. Allen take one of them for the security of the 24 s. till he inquir'd whether it was the usual price to pay so much money. When I had him in custody he said he bought them of Mr. Cox. I ask'd him if Mr. Cox was a Frenchman? He said, what is that to you?

Cross Examination.

Q. Is it not customary for people in that trade to conceal places where they buy such things from others of the trade?

Blake. It may for what I know.

Q. Did he insist upon concealing where he had them ?

Blake. No, he did not; as soon as he found the inquiry was for another purpose, and I had sent Mr. Allen to fetch Mr. Grace, then it was he told me he had them of Mr. Cox. We took him to Mr. Welch, and he was committed to Newgate.

Q. Has he continued there till now?

Blake. No, he has been bail'd out these 3 weeks.

John Cayter . Mr. Cox and Mr. Grace apply'd to me, and mention'd the circumstances of this affair.

Q. What are you?

Cayter. I am a tobacconist and snuff-maker, and live in Fleet-street. They desir'd I would accompany them to Justice Welch's. I went with them to Westminster-Hall, but was not in the hall till after the prisoner was in custody of the constable. The constable, prisoner, and Mr. Grace went in a coach to Mr. Welch's. I walk'd it there. The prisoner said he had the boxes of Mr. Cox. Mr. Cox was sent for. It took up a considerable time. The Justice wanted to go to dinner, after a short examination of the prisoner. He was told he might send for his friends, and the Justice would be ready at 5 o'clock to hear the case. We went to dinner, and soon after Mr. Cox came to the publick house, where the prisoner said to him, pray Mr. Cox recollect your memory, you deliver'd these things to me, pray consider my character.

Q. Where was this?

Cayter. In Long-Acre. Mr Cox said, Mr. Drybutter I am extremely sorry for you, could I recollect any thing of that nature I would, but I can recollect no such thing, What was you to have given me for them? - 27 s. said the prisoner for one, 32 s. for the other. Mr. Cox reply'd, one of them cost me above two guineas. Well I don't know, said the prisoner, the price exactly, but pray recollect yourself. I will all I can, said Mr. Cox, alledging that he could not then recollect any transactions concerning them, and moreover saying, we never sell these boxes unmounted. Mr. Drybutter desired the privilege to speak to Mr. Grace and Mr. Cox in an adjoining room, which was granted. What passed there I can't tell, but they went from thence to justice Welch, for farther examination.

Q. Did they seem well acquainted with one another?

Cayter. They knew one another as persons know their customers.

Q. What passed before the justice?

Cayter. The prisoner declared he had the boxes of Mr. Cox, and that the price for one was 27 s. and the other 43 or 45 s.

Cross Examination.

Q. At the time the prisoner was talking to the prosecutors, did he speak to them as a man that had stoln any thing, or as one that desired Mr. Cox to recollect himself?

Cayter. If I could tell the look of a thief, I should take more care myself, and be able to give you an answer.

Q. Do you not know of your own knowledge, that he has frequently sup'd at their house?

Cayter. I don't know that he ever did.

Q. Nor breakfasted?

Cayter. I know of no such thing.

Q. Did you ever hear he has been there two or three times a week?

Cayter. I never heard it, but I believe I have seen him there as often.

Prisoner's Defence.

There seems to be great weight laid on my saying I had these boxes of a Frenchman. I some time before this had some India boxes seized in Westminster-hall, and I apprehend they came to seize these. They were found in my custody, and I spoke out of tenderness to Mr. Cox, to conceal where I bought them, for they are really French manufactury. I always lived in great friendship with Mr. Cox, and have frequently dined and sup'd at his house. I have known him five or six years, and have been trusted with things to a large amount by him; I was trusted by him lately with a ring of 32 guineas value. If I had been minded to defraud him, I could have done it in jewels and things much more considerable than these 2 boxes. I was apply'd to by a lady now in court for a box, in order to set a picture in, and I was obliged to get one unmounted to have it put in first, or it must have been taken to pieces again. I had these boxes of Mr. Cox on the 3d of September last in the evening; there was nobody but him in the warehouse at the time. If he recollects himself, he said they are inlaid with gold; said I, there is some silver; no, said he, it is all gold, but some of it is colour'd to represent the flower. As to the price I mention'd I was in such a flutter that I could not so well recollect it; and besides I very often do forget, and am forced to send back to the party, to know the price I am to give for things. It is not to be supposed, that if I had stoln these boxes I should have sent them to a man who (I knew) work'd for Mr. Cox, without rubbing out the marks. There was no friendship between Mr. Allen and me, and a to the answer from whence I had them, I had a very good right to keep that to myself; neither had he a right to ask me, it was an unfair question.

Q. to Allen. Do you work for Messieurs Grace and Cox ?

Allen. I do; I have known them about three years.

Q. Do you for the prisoner ?

Allen. Very little.

For the Prisoner.

Mrs. Margaret Fitzberbert . I remember I was at Mr. Drybutter's shop, wanting a snuff box; he told me, he believed he had some better than ordinary.

Q. Look at those boxes, did you ever see them before?

M. Fitzberbert. I don't remember ever seeing them before now.

Q. When was you there?

M. Fitzberbert. It was about the latter end of August.

Q. Did you want a particular box ?

M. Fitzberbert. I wanted a picture to be set in one.

Q. Don't you know that in such a case, the box must be approved of, before it is mounted, by the customer?

M. Fitzberbert. No; I don't know any thing of that.

John Jacobs . I am a shagreen case maker, and have known the prisoner ever since the year 1754.

Q. What is his general character?

Jacobs. All I know of him is, I believe him to be a very honest man. He has been a very good customer, and has always paid me very honestly: His mother keeps the shop, and he has acted as manager; I believe he has laid out near 200 l. with me, but I am not positive.

Q. Has he came frequently to your shop ?

Jacobs. He has.

Q. Has he ever had an opportunity of defrauding you?

Jacobs. I never thought of such a thing, neither had I the least suspicion of him in the world.

Q. Has he never been in your house, when he has had an opportunity of taking things?

Jacobs. No doubt but he has.

Q. Is it usual for you tradesmen to let one another have goods, to shew to a customer ?

Jacobs. I have done it frequently, but he generally bought what he wanted.

Q. What do you call that way of trade?

Jacobs. That is called sale or return.

Q. Do you think he'd be guilty of stealing a couple of tortoishell boxes ?

Jacobs. I can't say nothing to that.

Q. Whether it is customary, upon sale or return, to let the person that fetches them alter them, and after that take them again?

Jacobs. If he makes an alteration according to his own humour, the goods are his.

Q. Supposing the goods were taken to shew a customer, is it not customary for you to fix a price what he shall pay for them, if he sells them?

Jacobs. I always fix a price, and mark it on them.

James Johnson . I have known the prisoner about three years; I am a jeweller, and have had dealings with him; I always apprehended he took goods on his own account.

Q. How many shops have he and his mother ?

Johnson. I know they have two, one in Westminster-Hall, the other in Pall-Mall, and I have heard say they have another at Tunbridge.

Q. Throughout the course of his dealing with you, in what manner did he behave himself?

Johnson. He always paid me for every thing that he contracted for.

Q. Has he been often in your shop?

Johnson. He has been often in my house, but not in my work-shop; I have shew'd him goods in the parlour.

Q. If he had been of that disposition, had he an opportunity to have taken goods ?

Johnson. He had an opportunity if he had been so minded.

Q. Whether in your business you do not assist one another with jewels, to shew to customer?

Johnson. Yes, all jewellers do.

Q. Don't you very frequently let people have goods upon sale or return?

Johnson. He has goods of mine now upon sale or return.

John Jefferys . I have known Mr. Drybutter five or six years. I am a bookseller. He keeps a shop in Pall-Mall, another in Westminster-Hall, and, in the season, another at Tunbridge, but I know nothing of that shop; I think I seldom see a shop better stock'd than that in Westminster-Hall.

Q. What has been his behaviour ?

Johnson. He has bought books of me several times; during the course of our trading together I believe I may have taken of him about 150 l. and what he contracted for he always paid me; there is now about 1 l. 5 s. between us for goods which he had about a month ago. I always look'd upon him to be a very honest man.

Q. Who did you look upon to be debtor, Mrs. Drybutter or he ?

Jefferys. I always look'd upon her to be debtor, but I always received my money of him; I did not know but what they were partners.

Q. In whose name did you carry the account in?

Jefferys. In her name, as she first contracted with me, but had he came on his own account and said he wanted ten or twenty pounds worth of goods, he should have had them.

Joshua Pickersgale . I am a silk weaver, and have known the prisoner at the bar four or five years; I have dealt with Mrs. Drybutter for that time in ribbons, and the prisoner transacted the business, all but the first parcel, which she came and bought.

Q. What is his general character?

Pickersgale. I always look'd upon him to be a very honest man; I never knew to the contrary.

John Garset . I am a weaver, and have known the prisoner about seven years; he used to come frequently and look goods out for his mother. I always took him to be an honest man.

Eliezer Chayter. I have known him near two years, and have had dealings with him.

Q. What is your business?

Chayter. I am a watchmaker, and have sold him things of value.

Q. What is his general character ?

Chayter. I never found any thing to the contrary but that he was an honest man.

Stephen Wooderfield . I am a pocket book maker; I have known him three years, and have had dealings with him, to the amount of 40 l.

Q. What is his general character ?

Wooderfield. A very honest man for what I ever heard or knew.

Michael Parsons . I have known him four or five years, and am a linen-draper; he has often been at my shop to chuse goods for his mother, to go to Tunbridge. I always consider'd him as a very honest man.

John Watson . I live in Pall-Mall, and have known him pretty near his infancy; I never heard any ill of him till this thing happen'd.

Michael Conner . I am a taylor; I had an apartment of his mother's, from September 1755, till March 1757, in Pall-Mall.

Q. What is the prisoner's general character?

Conner. I always look'd upon him to be a man of more honour than to pilfer.

Court. This is a prosecution against the prisoner for stealing these goods, the property of Mess. Cox and Grace; why was not Cox examined, as his name is so often mention'd ?

Cox. I am sworn, and can say no more than what Mr. Grace has already said.

Q. to Grace. Did you ever trade with the prisoner in the way of sale and return ?

Grace. I believe we have let him have a thing, and the next day he was to bring it again, if he did not sell it.

Q. Suppose he had kept it, how then?

Grace. Then we should have charged him a certain price for it, but we admit no alteration in our goods; if we deliver goods to him on this consideration, then we set them down; but these two boxes are not enter'd in my book.

Q. Does Mr. Cox make entry of all his goods?

Grace. There may be some omission.

Acquitted .

388. (M.) George Hall was indicted for stealing one copper boiler with a brass cock, value 12 s. and one copper saucepan, value 2 s. the goods of Mary Chapman , widow , October 18 . ++

Mary Chapman . I live at Islington . The prisoner had lodged with me twice, but he did not at the time I was rob'd. The things mention'd in the indictment were in my warehouse; and on the 18th of October at night the tiles were taken off and a place open'd big enough for a person to get in, and the things were taken away.

Q. Have you seen them since?

M. Chapman. I have.

Q. Where ?

M. Chapman. They were found upon the prisoner. When he was taken by Thomas Chappel , he and they were brought to me, and he own'd they were my property.

Q. Was you with him before a justice?

M. Chapman. I was, but don't recollect what he said there.

Thomas Chappel . I am an officer in the parish of St. Leonard Shoreditch. Last Tuesday was se'n-night in the morning, the prisoner was observ'd by one of the watchmen to be lurking about with a copper boiler and saucepan; he watch'd him into the Bull alehouse in Kingsland road, and then came and told me what he had seen. I went and found the prisoner there, and ask'd him where he got these things from? he said he had them at Hackney, of a person that was in necessity, and in fear of being seiz'd by his landlord. I went with him thither, and found what he said was false. Then he said he had them at Islington. I went there, and enquiring about found they belong'd to the prosecutrix. She saw and swore to them. (Produced in Court.)

Q. Where have they been since?

Chappel. They have been in my custody ever since.

Prisoner's Defence.

I had them of a man that is not to be found. He took them from Mrs. Chapman.

Guilty .

There was another indictment against him for a single Felony.

[Transportation. See summary.]

389. (M.) William Gilham was indicted for stealing one silver spoon, value 10 s one linen shirt, value 5 s. one guinea, and one shilling , the property of Patrick Kelly , October 21 . ++

Patrick Kelly . On the 27th of September I went and dined with a friend at Rotherhith, and told him I wanted a boy very much.

Q. What business are you in?

Kelly. I keep a publick house . My friend recommended to me this boy at the bar I there agreed to give him 5 pounds a year. He came the next morning about 8 or 9 o'clock. I had put a shilling in the till, and miss'd it that day, but had no suspicion of him. On the Sunday following Joseph Russel pull'd off a ruffled shirt and deliver'd it to my maid to lay by for him, which she did. I saw it lying in the place. On the Tuesday following his mother and brother came to my house. I desir'd them to dine with me on a leg of mutton and turnips. After dinner he call'd me out at the door and said, master I shall take it as a favour if you'll lend me 20 s. which I did, looking upon him as an honest lad. I went up for the money, and as I was counting it he was soon at my heels. After I had lent it him he went with his mother into the Borough. This was the 5th day of his being with me. On the Thursday following I sent him up to clear the club room, and I went out at the same time. When I came home at night I found the pots were not fetch'd in. I ask'd my maid why the boy had not fetch'd them in, and she told me he had not been in the house half an hour. I call'd him but he made no answer. At last he came and took his hat and away he walk'd; after which I went up stairs and found the beaufet door open, where I miss'd a guinea. The next morning my maid miss'd a silver spoon, and the shirt I mention'd. The boy was not to be found

Q. In what condition did you find the beaufet ?

Kelly. The lock was tried at very much on one compartment in it, but was not open'd. I sent two men to his mother's, to know if he was there, who return'd and said he was not; then I went, and found he was there. I left word, that if he would come again I would take no notice of what was past, but in the mean time I went and got a warrant from justice Fielding, and when he came I took him before the justice, where he own'd the silver spoon and shirt, and that he had pawn'd them with Mrs. Edwards, and also that he had taken a guinea out of the beaufet, before the constable and myself.

Joseph Russel . The shirt was my property; I heard the prisoner own before the justice that he took it.

Elizabeth Edwards . I am a pawnbroker; the prisoner at the bar pawn'd with me a silver spoon and a ruffled shirt.

Produced in court, and deposed to by their respective owners.

Q. How came you to take in goods that you did not know to belong to the person that brought them?

E. Edwards. The prisoner used to come with goods belonging to his mother; and at this time he told me he lived servant with a doctor, that his master had given him two shirts, and this was one of them.

Prisoner's Defence.

I did not know what I did, for I was in liquor; I did not try to break any locks: As I was sweeping the room the door of the beaufet came open, and I saw the guinea lying, so I took it.

Guilty .

[Transportation. See summary.]

390. William Towdron was indicted for stealing 50 lb. of lead, value 4 s. belonging to Richard Seccombe , being fix'd to a dwelling house , &c. October 21.

No evidence appearing he was acquitted .

The recognizances were ordered to be estreated.

391. (M.) Richard Mason , late of the precinct of the Savoy , in the county of Middlesex, clerk , was indicted for unlawfully, wilfully, knowingly and feloniously solemnizing matrimony between John Gibson and Elizabeth Snape , then a widow , without publishing of banns, or any licence first had or obtained of a person having authority to grant the same, in contempt of our lord the king, and against the statute in that case made and provided , Sept. 4, 1754 .

Elizabeth Gibson . I am a widow.

Q. What was your husband's name?

E. Gibson. John Gibson .

Q. What was your name before you was married to him?

E. Gibson. My name was Elizabeth Snape ; I was a widow then.

Q. Where was you married?

E. Gibson. I was married at the Savoy chappel.

Q. When was you married?

E. Gibson. I don't know the day of the month, but I have a certificate of the marriage.

Q. Where had you that?

E. Gibson. It is sign'd by Mr. John Wilkinson .

Q. How long is it ago since you was married?

E. Gibson. It is about two years ago; to the best of my remembrance it was on Bartholomew day, in 1755.

Q. Who was present?

E. Gibson. There was but one gentlewoman with me, whose name was Ellis, the parson and clerk, and Mr. Gibson; there were two other people in the church, who, I believe, belong'd to the Savoy.

Q. Who performed the ceremony?

E. Gibson. The prisoner does not appear to be the gentleman; he that married me had a smoother face, without any pockfrets, but I did not take particular notice of him at that time.

Court. If you do know him, and say you are not sure, you act contrary to your oath.

E. Gibson. I know it, my Lord.

Q. Upon the oath you have taken, do you believe him to be the man?

E. Gibson. I don't believe him to be the man; he may, but I have no knowledge of his face.

Q. Where is the certificate ?

E. Gibson. I gave it to Mr. Pridle yesterday.

Council for the prisoner. I believe Mr. Pridle will not appear.

Q. Have you any reason for so believing?

Council for the prisoner. I have.

Q. to the clerk of the arraigns. Is Pridle's name on the back of the bill of indictment?

Clerk of the arraigns. It is.

[The evidence is ordered out of court, and to be kept alone.]

Richard Philips . I was clerk of the Savoy chapel about six years, till September last was a twelve-month.

Q. Do you remember any marriages solemnized after the late act of parliament?

Philips. Yes.

Q. Did Mr. Grierson officiate there?

Philips. He did.

Q. Who solemnized marriages after he was under a prosecution?

Philips. Mr. Mason, and several others.

Q. Where was Mr. Wilkinson then?

Philips. He kept out of the way.

Q. What number might the prisoner have married there?

Philips. I can't tell; he married a great number by publication of banns, and some by licence from the Commons.

Q. Upon your oath, did he marry any without publication of banns, or licence from the Commons?

Philips. He married by Mr. Wilkinson's licences.

Q. Did he in the year 1755?

Philips. He did; sometimes he, and sometimes one Bailey, and another, named Brooks.

Q. Do you remember the marriage between John Gibson and Elizabeth Snape ?

Philips. I do not.

Q. Was you in court when she was examined ?

Philips. I was.

Q. Can you recollect her?

Philips. I don't remember I ever saw her in my life before.

Q. How long did the prisoner officiate there?

Philips. I can't tell exactly.

Q. Say as near as you can recollect.

Philips. About half a year; he married none after the trial of Grierson.

Q. Did he marry there when Grierson was under prosecution?

Philips. He did.

Q. Upon your oath, can you or can you not recollect Mrs. Gibson's being married ?

Philips. I cannot recollect her at all.

Q. If you had the certificate here, should you know Mr. Wilkinson's hand writing?

Philips. Yes, I should.

Q. Is your hand to the certificates, as a witness?

Philips. Some I fill'd up, and some Mr. Wilkinson himself did, I very seldom sign'd them; some times I did, when desired.

Q. Who is the attorney that attends this prosecution?

Council for the prisoner. Mr. Pridle is the attorney.

Prisoner. Within these twelve months it has been six or seven hundred pounds detriment to me: there is a prosecution before your lordship in the King's-bench; he has sent somebody to me almost every day, and promised not to appear against me at the Old-Bailey, if I would forgive him. He likewise would leave it to any two of my acquaintance, and give me 50 l. to make me amends for the injuries I receiv'd from him. I sent this answer, '' That whatever was the consequence of it to me, I had no malice against the man, but owed such justice to society, that if it cost me even my life I would bring him to justice.'' It has cost me near 20 l. to remove myself here. I am informed he has sent one Mrs. Pritchard, otherwise Gordon, otherwise Pridle (she went under three denominations) to Mrs. Gibson, to get her to swear to me as the person that performed the ceremony; but upon her asking her, she said she could not swear that I was the man that married her; then she said to her, write him a letter, and say you can swear to him. The injuries I have received will come before your lordship in your lordship's court the 2d day of next term. It was to have come on before, but he has been always out of the way, and we never could come at him to serve him with the order.

Q. Where does Pridle live?

C. for prisoner. He is an attorney in the Temple.

Gertrude Pritchard . I have known the prisoner two or three years.

Q. Did you know John Gibson that is dead ?

G. Pritchard. I was acquainted with him and Elizabeth Snape twenty years.

Q. Were they married?

G. Pritchard. They were Mr. Mason used frequently to come to our house, and Mrs. Snape, then a widow, used to come too. I apprehended she and Mr. Gibson were going to be married.

Q. Had you ever any conversation with Mr. Mason about the marriage after it was over?

G. Pritchard. She came and told me she had been married at the Savoy. I used to see Mr. Mason two or three times a week: when he came to my house two or three days after the marriage, I said, So Doctor, you have tacked two old acquaintances of mine together, mentioning them; he said, why don't you come with Mr. Pridle that I may do you the same office? I ask'd Mr. Mason what made him venture to marry, as there were two gentlemen liable to be prosecuted; he said, he had married a great many hundreds of couples, and that Mr. Wilkinson's licences were as good as the archbishop of Canterbury's.

Q. Did he say he did marry them?

G. Pritchard. Yes, he remembered he did marry them, and that by Mr. Wilkinson's licence.

Q. What time was this?

G. Pritchard. This was at the latter end of the summer, about two years ago last month.

Q. What month?

G. Pritchard. About August or September.

Cross Examination.

Q. Where do you live?

G. Pritchard. I live in Buckingham-Court, Charing-Cross.

Q. Did you once live with Mr. Pridle?

G. Pritchard. I did. I tell the truth.

Q. When did you see him last?

G. Pritchard. I saw him to-day.

Q. When was you at his chambers?

G. Pritchard. I called there last night.

Q. Did you never go by the name of Gordon?

G. Pritchard. I have. I do now.

Q. What is your real name?

G. Pritchard. My real name is Pritchard. My father was rector of Spitalfields.

Q. Was you not once tried in this court?

G. Pritchard. I was with Mr. Pridle, and the court was very well satisfied that we were used very ill.

Q. By what name was you indicted?

G. Pritchard. The prosecutor put in all the names.

Q. Did he not put in Gertrude wife of William Pridle ?

G. Pritchard. I always answer'd to that name then.

Q. When did you see Mrs. Gibson last?

G. Pritchard. I saw her last night.

Q. How came you to see her?

G. Pritchard. She desired me to call upon her. I have known her from a child.

Q. Had you no conversation about what was to be done to-day?

G. Pritchard. No.

Q. Did you talk to her about writing a letter?

G. Pritchard. No.

Q. Did you never talk to her about this affair?

G. Pritchard. Yes, she told me she was very sorry her name was brought in question about it.

Q. Did she say she knew Mr. Mason ?

G. Pritchard. She said she did not recollect him.

Q. from the prisoner. The very day or two before you went in order to obtain this indictment against me, did not you send me a letter that you desired me to come; did I not come, and was not the conversation in regard to the injustice you know I have received from Mr. Pridle; and did not you tell me whenever I should call upon you to give your affidavit, you would make oath of the truth of what you then told me?

G. Pritchard. Yes, Sir.

Q. from the prisoner. Did I not ask you, in order that you might do me that justice that you proposed you would, against Pridle and Hodle, in regard to the injustice I have received from them?

G. Pritchard. No, Sir, I was out; when I came home I was told there had been two or three constables to take me up, and a gentleman in the appearance of a clergyman was with them. I sent to Mr. Mason to know what he meant by it; he came, and told me he had a warrant against me for taking from him a steel screw (which was my own) to hang a watch on. I said, Mr. Mason you use me vastly ill, but I'll absolutely appear against your; he put me in defiance. Mr. Pridle and he lived together then.

Prisoner. This cannot be unfolded till the answer is made, whether or no it was not your own motion to me that Pridle and I might make up all matters, if not you knew two persons that could swear to the identity of my person in marrying unlawfully.

G. Pritchard. That was in regard to myself, but not Mr. Pridle.

Q. When was this conversation ?

G. Pritchard. It was a few days before Mr. Mason was indicted. I told him I should be very sorry to appear against him, but he knew he had done it, and that I should appear and give all the evidence I knew.

Q. Did Mrs. Gibson tell you that Mr. Mason had married her ?

G. Pritchard. No.

Q. Do you remember the prisoner's officiating to marry there?

G. Pritchard. I do.

Q. Was you ever in the chapel to see him?

G. Pritchard. No; I only heard him acknowledge he had done so. He said his profits were about four guineas a week.

[She is sent out, and Mrs. Gibson call'd in]

Q. to E. Gibson. Was you acquainted with Gertrude Pritchard ?

E. Gibson. I was; I employed this Pridle whom she lived with.

Q. Did you tell her anything of your marriage?

E. Gibson. I don't remember I ever did.

Q. Are you sure you did not?

E. Gibson. I am not positive; he and she have been with me several times about this affair, and would have had me go with them in a coach to see the prisoner, but I did not go.

Q. Did you ever meet with a parson at her house before your marriage?

E. Gibson. No; neither before nor after my marriage. I remember Mrs. Pritchard said the certificate was not Mr. Mason's hand-writing; Pridle said, he knew that very well.

The prisoner's defence consisted of two parts; one, on supposition the facts were proved, regarding the matter of law; and the other, objections to the evidence upon which the charge is supported. He admitted he did officiate and celebrate marriages at the Savoy chapel without publication of banns or licence properly obtained; but that he did not do it knowingly and wilfully, for Mr. Wilkinson had shew'd him a letter from the bishop of London, and told him an instance of his marrying a certain barrister at law. and that he had some opinions that it was lawful for him to celebrate matrimony under the authority of Mr. Wilkinson's licences; that he never married any minor, but always tendered to them an oath, and if they did swear they were under age he refused to marry them. but if they did swear they were of age, he did marry them without either publication of banns or licence.

He called no body to his character, but desired to ask Mr. Philips some questions.

Q. from prisoner. Did I not, on my first engaging at the Savoy, tell you I never would do any one act inconsistent with my conscience ?

Philips. Yes.

Q. from prisoner. Did I not, as often as any persons presented themselves who appear'd to be minors, deny them?

Philips. Always.

Q. from prisoner. Altho' they said they were not minors, before I proceeded to the marriage, did I not first order a Bible to be sent for, and make them swear that they had no parents, that they were not under the court of chancery, and that they were of age?

Philips. Yes.

Q. Did he marry them if they said they were of age?

Philips, Yes.

Prisoner. If they swore it I did.

Court. Then you acted contrary to law.

Q. When was Wilkinson indicted ?

Philips. I can't tell.

Q. Who officiated in August, 1755?

Philips. Mr. Mason and Mr. Brooks.

Prisoner. We did. I attended the trial of Mr. Grierson, in order to prove the Bishop of London's hand-writing. Ask Philips on his oath whether I married after that.

Philips. Not once.

Acquitted .

My Lord mayor issued his warrant during the trial, to apprehend and bring William Pridle before his Lordship, who was brought in by a marshal's man before the verdict was given; when Pridle's recognizance was order'd to be estreated, and Mr. Mason was bound in a recognizance of one hundred pounds to appear and give evidence against him at the next sessions.

392. (M.) William Stratton , otherwise Strutton , was indicted for stealing one globe lamp made of glass, with a head and burner made of tin , the property of Robert Murden and Thomas Tallwood , churchwardens of the parish of St. Leonard Shoreditch , Sept. 29 . +

John Walker . I have known the prisoner three or four years. On the 29th of September, as I was going to my daily labour, about a quarter of an hour before six, I saw the prisoner at the upper end of Morefields.

Q. In what parish?

Walker. In the parish of St. Leonard Shoreditch ; I knew he had no business there. He went up a ladder to a lamp, put the burner on his head and the lamp under his arm, and I walked on by him looking at him, that I might be sure of him. I observed him to carry it out of that parish into St. Luke's, but did not follow him to see where he put it.

Q. Who are churchwardens of the parish of St. Leonard Shoreditch?

Walker. Mr. Robert Murden and Mr. Thomas Tallwood .

Q. Who was at the charge of putting up these lamps?

Walker. The parish. I gave information to the gentlemen that very day.

Robert Murden . I and Thomas Tallwood are churchwardens of the parish of St. Leonard Shoreditch.

Q. Who provides the lamps in your parish?

Murden. The parish. Our lamps being destroy'd we proposed to give a guinea to any person that discover'd the offender.

Prisoner's Defence.

This Mr. Walker met me on Michaelmas-Day, and ask'd me if my name was not William Strutton. I said, it was. He said, you must come along with me. I said, for what? He said, I will let you know presently. I said, I will not go till I have done my lamps. He left me, and the next day after, coming home, I was charged with this thing, which I know nothing of.

For the Prisoner.

James Beastman . I have known the prisoner at the bar three or four years.

Q. What is his general character?

Beastman. He is a very honest man, as far as ever I knew.

Ann Ripley . I have known him six years; he is a very honest hard-working man.

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 26th, and Thursday the 27th of OCTOBER.

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

Ann Slade . THE prisoner lodg'd in my house about ten years, and I never heard any ill thing of him; I have trusted him with money and plate, and he never wrong'd me.

Edward Hottering . I have known him ten years, and he always bore the character of an honest man.

Mary Burton . I have known him ten years; I have trusted him ten or twenty shillings at a time, and he always paid me to a day.

Mary Beaston . I have known him two or three years; and he has a very good character.

John Whitby . I have known him about two months; he is a very honest man as far as I know.

Q. to Murden. Did you miss a lamp from the place the witness Walker mentions?

Murden. It was taken away.

Guilty .

[Transportation. See summary.]

392. (M.) John Newton was indicted for stealing four cheeses, value 20 s. and one ham, value 5 s. the property of Ann Readman , widow , privately in the shop of the said Ann , Sept. 30 . +

Ann Readman . I live in White-Chapel , and am a cheeesemonger ; the prisoner was discharged from my service on the 29th of September last, being Michaelmas-Day.

Q. How long had he lived with you?

A. Readman. Two months and about three or four days. On the 3d of October Mrs. Hill came and told me they had stop'd some cheeses, and asked me if I had been robbed. I said that I did not know that I had, and asked what sort of a person brought them; she said there were two men and a woman brought three cheeses and a ham to her house in Little-Britain, and described a man in such cloaths as the prisoner usually wore. I ask'd if he was cross-ey'd [the prisoner was such ] she said he was; I went there and saw the cheeses; they have been there ever since, 'till this day. [Produced in court.] As to the ham I can't swear to that, but these cheeses were bought for me by Mr. Robert Palmer at Burton upon Trent in Staffordshire; by the look of them, I have the rest of the same dairy at home. Here is my mark plain on one of the Cheshire cheeses; and here is one of them a Gloucestershire cheese, of which I have some of the same at home, but cannot be positive to that. I cannot say when the prisoner took them: It might be while he liv'd with me for what I know, but whether he took them out of the warehouse, cellar, or shop, I know not.

Q. Do you ever sell cheeses in the cellar?

A. Readman. We take people there to look at them.

Martha Hill. On the morning after last Michaelmas-day a woman came to me and told me she had four cheeses sent her out of the country, and she wanted to dispose of them; the next morning my maid told me two men and a woman brought them after my shop was shut up.

Q. Where do you live?

M. Hill. I live in Little-Britain, I sell grocery ware, cheese, and other things; I thought it was a bad affair; so desired Mr. Prentice, a very large dealer near Smithfield-Bars, to come and look at them, to see whose mark was on them.

Q. Who brought them?

M. Hill. I can't tell that, only by what the prisoner said; he said to me he brought them. They were left in the passage, the shop being shut up.

Q. When did you see them first?

M. Hill. The next morning about seven o'clock in the passage: Mr. Prentice came and looked at the cheeses, and took the marks on a piece of paper, in order to shew amongst the trade in the afternoon. The woman spoke to me about buying them. I said to her here are not all the cheeses you mentioned to me; she said she had disposed of one. I asked her how she came by them, she said they came by sea, consign'd to her cousin Readman. I asked her if she had any letter of advice, and desired her to fetch it. She went and did not return. After that came a man with an order for us to deliver them, there was no name to it. A little after came the prisoner at the bar, and asked if a porter had not been for them; we said yes, he said why did not you deliver them, we said we had some reasons for stopping them; after that came a person from Thames-street and desired to look at them, he did, and said they were Mrs. Readman's cheeses.

Q. Did you stop the prisoner?

M. Hill. No; he went away again. We acquainted Mrs. Readman of it, and she came and owned them.

Q. When did you see the prisoner after this?

M. Hill. I don't exactly know the time, but when I did, I heard him confess he stole them from the prosecutrix.

Barnaby Campbell . I am servant to Mrs. Readman, the prisoner was servant to her two months within a few days.

Q. Look at these cheeses. [He looks at them.]

Campbell. I firmly believe these cheeses to be my mistress's property.

Prisoner's Defence.

I have witnesses here to prove I was hired to carry them.

For the Prisoner.

Mary Lamb . I saw a sack in the prisoner's lodging room, but what was in it I don't know.

Q. How came it there?

M. Lamb. I know not.

Q. How long have you known the prisoner?

M. Lamb. Not a great while.

Q. Where did you know him?

M. Lamb. I knew him at the Bedford-Arms, portering about.

Q. Did he lodge with you?

M. Lamb. No; he did not.

Q. What about seeing a sack in his room?

M. Lamb. A woman pulled it out of a closet that lodged in the house.

Mary Lamb . I am daughter to the last witness. I know no more than seeing a sack pulled out of a closet on the floor.

Q. from prisoner. Do you know Charles Percival and Ann Carnal ?

M. Lamb. I do.

Q. from prisoner. What discourse did you hear between them and me?

M. Lamb. The prisoner ask'd the weight of it. She said something about a hundred.

Q. from prisoner. Did I say nothing about a shilling ?

M. Lamb. The prisoner said it was worth a shilling.

Q. To whom was this answer made?

M. Lamb. To Ann Carnal , she gave him 6 d.

Q. What was in it?

M. Lamb. I saw nothing that was in it.

Q. At whose house was this?

M. Lamb. It was where the prisoner lodg'd, but I do not know whose house it was.

Sarah Dixon . I don't know the prisoner any farther than that he was my servant.

Q. When was he your servant?

S. Dixon. About two years ago.

Q. What is your business?

S. Dixon. I keep a chandler's shop.

Q. How did he behave with you?

S. Dixon. Sober and honest as far as I know.

Guilty 4 s.

[Transportation. See summary.]

393. (M.) Elizabeth Letter , spinster , was indicted for stealing one shagreen box, value 1 s. ten seals set in gold, value 3 l. twelve pieces of metal made in the similitude of a fish gilt, value 24 s. seven gold rings, value 20 s. one metal boot, value 3 s. one metal leg gilt, value 3 s. one silver boot, value 3 s. one metal anchor, value 3 s. the property of Andrew Adams , privately from his person , Sept. 14 . ||

Andrew Adams . On the 14th of September about nine at night, as the prisoner and a soldier were coming and talking with me along Holbourn , they ask'd me if I would treat them with a pint of beer; I said with all my heart, I would treat them with two, and asked them if they knew an honest public-house; the woman said here is one over the way. We went in there and called for some liquor; there were two other men in the room.

Q. Did you know the prisoner or soldier before ?

Adams. No, I did not; I called for a of beer, but did not sit down. As we stood talking the prisoner felt at my pocket. I thought may be you will pick my pocket. I had a box in it, but felt and found it safe there.

Q. Did you say any thing to her?

Adams. I said you must not pick my pocket madam: I said I had no handkerchief about me. As we were talking after this, I felt and found my box was gone; then I said my box is gone.

Q. How did you stand at that time?

Adams. She stood facing me, and the soldier on one-side.

Q. In which pocket was your box?

Adams. In my left side pocket.

Q. Did you see her take it?

Adams. No, I did not.

Q. Did you perceive it go?

Adams. The soldier put his hand under my left elbow and lifted it up, and when I put my hand to my pocket my box was gone, but I did not perceive it taken; as soon as I said my box was gone the prisoner flew out at the door, I ran to go after her, the soldier came to the door and stop'd me, saying you shall not go after her, and held me fast. I saw her in the street and said, there she goes.

Q. When did you see her after this?

Adams. She was taken into custody two hours after by the constable.

Q. What was in the box?

Adams. It was a shagreen box, and in it ten French horn gold seals, some blood stone, some cornelian and agate, 12 metal fishes gilt, seven stone rings with gold shanks, the stones were set in silver, and one in gold, two boots and a leg; they are all trinkets for watches. One boot and leg were metal gilt, and the other silver gilt, and a metal anchor; after this there was an advertisement for me to go to justice Welch's, I went, and there was the prisoner.

Q. How long was this after you had been robbed?

Adams. It was about ten or twelve days after I was robbed when I read the advertisement, but the constable had advertised them before twice in the Public Advertiser.

Q. Did you ever find the soldier?

Adams. No.

Q. Are you sure this is the woman?

Adams. I told the justice I should not know the woman if I was to see her.

Court. Why then do you charge her?

Adams. She said before the justice that she drank with me and a soldier. The justice ask'd her how she came by the things, she said a gentleman gave her them as a present; he ask'd her what sort of a gentleman, she said a little man, a foreigner. [Such was the prosecutor.]

Q. Did you hear her tell the justice this?

Adams. No; but I heard the justice say she told him so.

Q. Was she by then?

Adams. She was; he told her of it in my hearing.

Q. What answer did she make?

Adams. She did not confess it, but cry'd.

Prisoner. That man gave them to me.

Henry Cooley . I am a constable. [He produced the box and things mention'd].

Prosecutor. These are the things I lost that night, they are my property; here are all only one agate seal that she has made away with.

Q. By what do you know them to be your's?

Prosecutor. They are of my own making. I am a jeweller.

Q. to Cooley. How came you by these things?

Cooley. The woman where the prisoner did lodge came to me, it happened to be my watch night. She told me she had a suspicion this person had committed a robbery. I went home with her and found the prisoner much in liquor on a bed with one of these French horn seals on her finger. I ask'd where she got it; she delivered it to me. I made her get up and found this black shagreen box in her pocket with the other things in it.

Q. When was this?

Cooley. It was at eleven at night or thereabouts, on the 14th of September; the next day I carried her before Mr. Welch, who committed her to Newgate. I advertised the things in the Daily, Public, and Gazetteer papers. Some time after this the prosecutor applied to justice Welch to whom the advertisement directed, where he saw and swore to the things. The prisoner was asked which way she came by the things, she said a gentleman gave them to her.

Q. Was the prosecutor by at that time?

Cooley. No; this was at her being first brought there.

Prisoner's Defence.

I was coming down Holbourn, when this gentleman was near Hatton Garden raving in the street with two or three people round him. I never saw him in my life; people were advising him to go home, and there was a soldier advised him so too; he said no, shew me the beer-house; then he said you had better come and have some beer. I will not go in said I, but at last I did; we had a tankard at one house (he was very drunk) and the people turned him out and would not draw him any more; then he went into another house and said he would have some beer (this was near Holbourn-Bars ) they said he should have none. A woman was coming out of the cellar with some beer, which he took out of her hand; she said if she had known it she would not have drawn it. He said I was his wife, but I never saw him before; he said to the soldier, you I go along with us; the soldier said to me do not you go. I being in liquor went out of the house, the prosecutor gave me the things and said he'd go with me; so I went home with them, but did not know what was in the box till I came almost home, when I open'd it at a lamp and put one of the things on my finger; my landlady went and fetched Mr. Cooley, I told him the things were given me, and he should have them all.

Guilty of felony only .

[Transportation. See summary.]

394. (L.) Abraham Bareive was indicted for stealing three dozen of silk handkerchiefs, ten yards of dimity, eight yards of printed linen, and one cheque handkerchief , the property of David Davis , July 25 . ||

David Davis . On the 25th of July last I had some business at Wapping. As I was coming by Iron-gate to Tower-hill, I saw a great mob of people, so I went a little way round because I would not go through them: I saw a foreigner pretty much beat and abused, and happened to say to the person that was using him ill, it, it is a pity that you don't use the man better, you would not like to be used so was you abroad; the man stepped up to me and said, if you speak another word we'll throw you into the ditch; I said no more, but was soon knock'd down and received several blows about my breast and stomach. I had a bundle of things, such as dimity, handkerchiefs, muslin, and other things in a handkerchief. When I got up and out of the croud I went back towards Iron-gate; the prisoner overtook me and said, Sir you have been used very ill; I said do you know the fellow that beat me, for I design to take a warrant for him. Said the the prisoner, I'll tell you who and what he is, and where he lives. I said if you do I'll be oblig'd to you. We went together to the sign of the Ship, called for a pot of beer, and drank it. I ask'd the landlord to let me leave my bundle for a little while. The prisoner said I had best go to justice Rickards for a warrant; we went there, but he was not at home; then we went to justice Gower's and got a warrant for the man that abused me; after that we went for a constable to serve it. The prisoner all this while pretended to be my friend; but while the constable and I went to take the man up we lost the prisoner. He went back to the publick-house in Tower-street, where I had left the bundle (as I found afterwards) and took it away; presently after I went there and asked for my bundle, the landlord said I had sent a man for it, I said I never saw the man before. Soon after I advertised the goods with two guinea reward, and heard the prisoner was frequently about the streets. About a month or five weeks after I found him in Spitalfields. and took him in custody, when he acknowledged he went without my leave for the bundle, in my hearing, and in the hearing of other witnesses.

Q. Did he confess he was guilty of stealing the things mention'd?

Davis. He did, and said. '' Please your worship '' I can inform you of a great many crimes '' that I have committed, and by a gang that I '' belong to.''

Q. What was in the bundle?

Davis. There were three dozen of silk handkerchiefs, eight or ten yards of printed linen, ten yards of dimity, some muslin, a cheque handkerchief, and other things which I have not laid in the indictment; I have not mention'd half the things: I did not take particular notice of them all.

Q. What are you?

Davis. I am a linen-draper, and was carrying them to a gentleman.

Q. What is the landlord's name that keeps the Ship alehouse?

Davis. His name is Charles Forrest . The prisoner proposed to help me to the things again, if I would acquit him.

Q. Did he know of your leaving the bundle there?

Davis. Yes; he was with me.

Q. From prisoner. Did not the landlord refuse to take charge of the bundle?

Davis. The landlord said, '' Sir, here seems to '' be some valuable things in this bundle, which '' I will take care of, but I will not take charge of '' what is in it.''

Charles Forrest . I live at the ship, in Tower-Street. About three months ago the prisoner and prosecutor came into my house and call'd for a tankard of beer, which was drawn them. My boy came into the bar and said, the gentleman desired I'd take a bundle to keep for him. I went out, and, having never seen either of them before, told him I would not be accountable for any thing that was in it, searing it might be suspected I should take any thing out of it. They pressed me very hard, and said they would come back again in about an hour and half. I sent the boy up with it into my room, and in about an hour after that the prisoner came in a great hurry, and said he wanted the bundle his master left here. I sent the boy up for it, which he brought, and deliver'd it to the prisoner, who went away with it. In about an hour after that came the prosecutor. and ask'd for the bundle. Then I said here is some cheat in this. He said it was his own property. I said, I don't know but what you are as bad a man as the other, and I'll send for a constable and make you let us know who you are. He went away, and after that came again with a constable, and wanted to speak with me. Then, after he had told me the affair, I said, if you have been rob'd. I'll appear for you any where. He said, be should be obliged to me if I saw the prisoner if I would take him up. I think it was this day six weeks the prosecutor and two or three men came, and told me they had taken the prisoner, and desired me to go with them to justice Fielding. I went with them to the Brown-Bear, in Bow-street, and in a back room there was a good many people. I immediately went to the prisoner, laid my hand on his shoulder, and said he was the man, and ask'd him if he knew me. He said, yes; you keep the Ship in Tower-Street, where I fetch'd the bundle from. After that we went to justice Fielding's, who committed him to the Gatehouse; but before that he said, if the prosecutor would go along with him he would tell him of two or three of his gang, and also a pawnbroker, in Houndsditch, that bought the things they got this way.

Prisoner's Defence.

On the 16th of August I went to receive some money of my father, in St. Catherine's; there happen'd to be a mob so that I could not come by, which was occasioned by a soldier's striking a foreigner over the head, and beating him all of a gore blood. This David Davis , that has swore against me, said to the soldier, how came you to serve the foreigner so? he said, what is that to you, you rascal, struck him on the breast, and was going to put him into the ditch. After that Davis saw me talking with the Turk; he came to me, and said, did you see the blow given by the soldier? I should be glad if you would go with me. I said, if you will call upon me I will tell you where I live, and go with you. We went to the ship, in Tower-street, where he call'd for a tankard of beer. After that he call'd to the landlord to take the reckoning, and ask'd him to let him leave the bundle while we went to the justice. The landlord said, I will take no charge of the bundle, because I don't know who you are. The boy took the bundle, and we went away together to the justice's, to get a warrant. Justice Richards was ill. Then we went to Sir Samuel Gower , who granted us a warrant to take the soldier up. We went to the constable's house, who was at dinner. After dinner he went along with us to the Rosemary Branch , in Rag Fair, to see if the man was there. We walked backwards and forwards to see for him. Then we went into a Jew's house, where we sat down, and call'd for two tankards of beer. I told him I could not stay any longer. Said he, go you to the place where I left my bundle and fetch it. I said, Sir, I can't say I know the publick-house, but I know Tower-Street very well. Said he, go to the landlord, say you come from your master, and desire him to deliver the bundle to you, which I did, and he delivered it to me. I brought it to the house where the prosecutor was, delivered it to him, and he gave me a shilling for my trouble. There is a man in court that saw me deliver the bundle to the same man, my prosecutor; his name is Moses Henericus .

Moses Henericus . About July or August my master, who is father to the prisoner at the bar, sent me to look for him, for he wanted him. Coming through Houndsditch I happen'd to see him with a bundle under his arm. I said, where are you going? He said, to carry this bundle to a gentleman. I went with him to a disorderly house. in Partridge-Street, where was this gentleman; he took the bundle, and said he should come along with me directly. On the 15th of September the prisoner was taken up, and carried before justice Fielding.

Q. Did you take notice what was in the bundle ?

Henericus. No. I did not.

Q. Are you certain it was the prosecutor he deliver'd it to?

Henericus. I saw him deliver it to a man in a linen waistcoat; to the best of my knowledge it was the prosecutor.

Q. Will you swear it?

Henericus. I will not be positive.

Q. At whose house was it?

Henericus. At the house of one Benjamin, a Dutch Jew. The prisoner was taken up on Thursday the 15th of September, by Stanley and Plump, and carried before justice Fielding, when he was remanded back for farther examination; but in the afternoon the prosecutor came to the prisoner's father, and offer'd to take five pounds to discharge him.

Q. When was this ?

Henericus. This was the same day. The Monday following the prosecutor, in company with Stanley at the Bear, told him, if he would turn evidence he should get the reward and be clear'd The prisoner said he knew of no felonies, so could not turn evidence. Then Stanley said he should not be clear'd for ten pounds.

Q. Who is this Stanley ?

Henericus. He is a gentleman thief catcher; it is but three or four days ago since he sent another letter to the prisoner's father, to make it up.

Q. Are you sure it was the prosecutor that came to the prisoner's father, and offer'd to make it up for 5 l.

Henericus. I remember he came there and offer'd to take 5 l.

Q. How do you know it was him?

Henericus. Because he said he was the man that was rob'd and ill used; I am positive of that: he said he was the prosecutor.

Q. Are you sure it was him that the bundle was deliver'd to ?

Henericus. I remember the glimpse of him then.

Q. Is this the same man?

Henericus. I can't tell; I will not be so exact.

Q. Can you swear he is the man that came for the 5 l.

Henericus. I swear he is the man that came for that.

Nathan Bareive . I am father to the prisoner. On the 15th of September I was in the Synagogue saying my prayers (it was New-Year's Day with us). when the gentleman came in, and enquired for me.

Q. What gentleman ?

Bareive. Mr. Davis. I said, Sir, what will you please to have? let me say my prayers and I'll come out to you. He said, your son is under misfortune, for he has dealt very roguishly with me, but if you will I'll make you easy. I said, I want to know what it is. He brought me to the Black-Horse, Rag-Fair, and said, sit down; they were all together. I ask'd my boy what was the matter, who told me this story, that the gentleman employed him for a shilling. The thief catchers said, if you please to deliver 5 l. he shall discharge the boy, for he has got no warrant. I said, I am a poor man, and if the boy has done any harm he must suffer the law. I went away again to the Synagogue, and about three o'clock the gentleman came in at the door, and said, if you'll give me 5 l. I'll discharge him. I said, I'll give you nothing. The Monday morning he was going to carry him to the justice, at which time he demanded of me 10 l.

Q. Are you sure of that?

Bareive. The thief catchers said he will not discharge him under that. I said, I will not give a farthing.

Q. to Davis. Do you know any thing of this; did you go and offer to make it up for 5 l.?

Davis. I never saw this man ( meaning Henericus) before to day, as I hope to appear before God, to my knowledge.

Q. Did you ever receive your bundle again of the prisoner ?

Davis. No. I never did.

Q. Did you ever offer, in the presence of Henericus, to make up this matter ?

Davis. No, never in my life; justice Fielding gave me street charge to the contrary.

Q. Did you ever propose, if he would turn evidence against the rest of the gang, this matter should be made easy; but, if not, you would not acquit him for 10 l.

Davis. The prisoner had pitch'd upon half a dozen people that, he said, were concerned with him in taking this bundle, which, he said, were all Jews, and that one of them was worth four or five thousand pounds, whose chief employ was to buy stoln goods, and send them to Holland. I said, if you do bring these people to justice I'll be as easy as I can with you, but you shall come before the justice; but nothing of five or ten pounds was mention'd.

For the Prisoner.

Moses Torics . I have known the prisoner twenty years.

Q. What has been his behaviour?

Torics. I know him to be a very honest young man; his father is a butcher, and he receives money for him.

Moses Carvanca . I have known him about fifteen years.

Q. What is his general character?

Carvanca. I have always known him to be a very honest young man; I have left him in my shop several hours together, and I never lost any thing by him.

Joseph Israel . I am a peruke-maker, and have known the prisoner fifteen years; I always knew him to be a very honest creditable young man: I never knew any harm by him.

Q. to prosecutor. Did you ever receive your things again?

Prosecutor. No, never.

Guilty .

Moses Henericus . committed to be tried for perjury.

[Transportation. See summary.]

395. (L.) Mary Williams widow , was indicted for stealing six yards of linen lace, value 12 d. ten yards of lace, value 20 d. and one quarter of a pound of sewing silk, value 2 s. the property of William Flint , Sept. 26 . ++

William Flint . I am a haberdasher ; I was not at home at the time this robbery was committed: I can only swear I believe the goods to be mine. ( The goods mention'd in the indictment produced in court.) Here is my mark at the end of each piece of lace.

Q. How came you by them now ?

Flint. Mr. Bennet. deliver'd them to me.

Edward Bennet . I am a haberdasher, and live at the corner of Tooley street. Mr. Flint lives two doors higher than me, on London Bridge. The prisoner came into my shop to match this lace, a piece of which my people suspected she intended to take. I was at home at the time, though not by. They thought proper to search her. I desired a constable might be sent for, and order'd my maid to search her, which she did, and took out of her bosom these two pieces of lace here produced. She was resolute, and would not let them search any farther. I went to them, hearing a screaming, and took this silk from under her arm; I believe it was next to her flesh.

Rebecca Shollis . I am servant to Mr. Bennet, who desired me to take the prisoner into the dining room and search her, to see if she had any lace about her. We desired her to take it out, if she had any. My mistress saw some lace in her bosom, and took it out. Then we desired to know if she had any more. She said, she had no more. I ran out and told my master what we had found, who came, and said we should strip her. She went to beat me, and being very obstinate two other maids came up. Then we found the sewing silk, a piece of black lace, and a piece of ribbon under her arm.

Q. Look at these things produced here.

R. Shollis. I believe these are the same; there was about this quantity of silk.

Q. Where has it been since?

R. Shollis. It has been in my master's custody ever since, whose name is James Bennet .

James Bennet . The things have been in my custody ever since, till to-day.

Q. What kin is Edward Bennet to you?

J. Bennet. He is my son; we live together.

Isaac Peirce . The prisoner came into Mr. Flint's shop (I am his servant) and desired my master to match some edging.

Q. When was this ?

Peirce. This was the day she was taken up, before she went to Mr. Bennet's. There was a box shew'd her, but she could not match it. She desired me to shew her another box. I had some time before this a suspicion of her, and would shew her no more. Then she desired to know how we sold our sewing silk, and desired to have a single dram, which was reach'd down to her. After she had been gone some time they sent from Mr. Bennet's, to know if we had lost any thing. I described the woman before I saw her. When we went to look on our silk the boy that reach'd the box to her said, before the silk was open'd, there should be three parcels, but when open'd, there were but two. (He looks at the silk produced.) This answers to the silk that was missing.

William Pratt . I live with Mr. Flint. The prisoner came into our shop on the 26th of September, and ask'd for raven grey silk. I took it down and shew'd it her, of which she had a dram. I did not serve her any thing else. She paid me, and went about her business. About three hours after I missed a parcel.

Q. Did you see the parcel that was found upon the prisoner?

Pratt. I did, which answers to it; I believe this is the same here produced.

Q. Do you know anything of the lace?

Pratt. No, I do not.

Q. to Peirce. Did you miss any lace?

Peirce. No; I missed none, till such time it was brought in.

Q. Look at this lace here produced.

Peirce. I believe this lace is the property of Mr. Flint.

Q. Why do you believe so?

Peirce. We cast up the stock in the shop once a year, and the last year what was left we seal'd with wax at the end, and this has wax upon it.

Q. from prisoner. Whether the silk did not lie open on the counter for three hours after I went out of the shop?

Peirce. It was rolled up, and put by directly.

Q. Was any other person looking at silk?

Peirce. No, nobody but the prisoner.

Prisoner's Defence.

As to the lace it was none of Mr. Flint's, it was my own, I have dealt in the holland trade ever since I was fifteen years of age. A man owed my husband 70 l. which he made a demand of, and got 20 l. and the remainder in remnants of silks, stuffs, and lace; he is dead since. I went into the Borough to buy a leg of beef, so went into this shop, and ask'd if they could match a piece of lace. The man said, no, he could not I never laid a finger on his goods. I had a dram of silk, and went away directly. Then I went into the other shop, and they could not match it; there was a piece of lace lay on the counter, by the edge of the box. As soon as I moved my basket they said they had a suspicion of me, and began to search me: all sorts of people came in, and they began to pull me; the shop was as full as possible. They had me up into the dining room, and bent my neck quite to my toes. I said if they would let me alone I would undress myself; there was one behind me cutting my lace, one pulling me one way, another another way. I lost a guinea out of my bosom; she talk was put into my bosom by some body that came into the shop.

For the Prisoner.

Sarah Smith . I have known the prisoner as long as I well can remember, that upwards of twenty-five years; I have known her to live in credit. I never knew her to be guilty of any fault in my life.

Q. What are you?

S. Smith. I keep a cook's shop in White-chapel.

Jane Pedreny I have known her about ten years.

Q. What is her general character?

J. Pedreny I have a very good opinion of her. I never heard a bad character of her in my life.

Margaret P I have known her seven years; I never heard a bad character of her.

James Lewis I have known her thirty years.

Q. What is her general character ?

J. Lewis. I never heard any thing amiss of her till now.

Guilty .

[Transportation. See summary.]

396. Elizabeth Dyer was indicted for stealing two blankets, value 10 s. and one scarf , the property of the Rev. Doctor John Thomas .

To which she pleaded Guilty .

[Transportation. See summary.]

397, 398. (L.) Terence Shortney and John Frip were indicted for publishing a libel in order to prevent justice . ++

[ See the trial of Capt. Morris, No. I in April Sessions.]

Wells Egelsham. I am printer of the Public Advertiser. There was an advertisement brought by the prisoner Shortney [He looks on a paper] I know this to be the same, because here is the mark of the business upon it, which we put upon all advertisements.

Q. What was it brought for?

Egelsham. To be inserted in the paper.

Q. Was it published?

Egelsham. It was, on Tuesday the 19th of April last.

Q. to Clerk of the Arraigns. Is this the same laid in the indictment?

Mr. Ford, Clerk of the Arraigns. It is the same.

Robert Spavan . As to this paper I know nothing of it; I did not take it in. I heard Shortney own he was the author of it, and that he brought it in order to be printed in the Public Advertiser.

Q. Who did he own that to?

Spavan. He own'd it to me.

Q. When was this?

Spavan. This was the Thursday after it was published; it was published on the Tuesday before.

Capt. John Morris . This advertisement was produced on my trial. Immediately after the trial the prisoner Shortney confessed he wrote it himself, and left it with the printer.

Q. When was this?

Capt. Morris. This was when I enter'd into recognizance to prosecute.

Q. Produce the paper which he said was his own hand-writing.

Capt. Morris. delivers a paper into Mr. Ford's hand.

The record of the trial and acquittal of Captain Morris was read in court.

Then the libel was read and compared with the indictment, viz.

' To the truly charitable and humane, friends of ' and enemies to the violaters of virtue.

' An unhappy gentlewoman, whose husband being ' under unavoidable misfortunes, was necessitated ' to be continually on the foot amongst ' her friends endeavouring to extricate him, was ' way-laid by a base and notorious villain, who, ' under pretence of assisting her husband, inveigled ' her into his power, and cruelly used and ravished ' her, for which he stands indicted these seven ' months past, ever since which he has absconded. ' But upon hearing that he was to be out-lawed, ' and that the poor woman was dangerously ill (as ' she has been for four months since this unhappy ' affair) he put the unhappy sufferers to great expences ' in attending several notices of his surrender ' to trial (at times that he was well assured ' that the poor woman was not able to sit up in her ' bed, much less to appear in court to try him) ' which expence, her sickness, and the loss of her ' husband's time, has rendered them objects of ' unutterable compassion. They therefore are indispensibly ' obliged thus most humbly to call upon ' the truly charitable and humane, to enable ' them to bring this vile offender to justice, who, ' from the strength of money, and the powerful ' friends that he ( vile as he is) has to stand by ' him, boasts that he'll get over this prosecution, ' which so loudly calls for the assistance of every ' virtuous lady, tender husband, and truly affectionate ' parent. This (now) unhappy couple, ' having nothing to back them in this melancholy ' prosecution, but the justness of their resentment, ' fear, that it is absolutely necessary for them to ' have proper council at the trial, to minutely examine ' his witnesses (as they are told he has a ' great many prepared) have it not in their present ' abilities to see council (as he too well knows and ' boasts of) unless charitably aided, as above requested; ' upon the strength of which he proposes ' taking his trial next sessions at the Old-Bailey, ' which begins to-morrow, and has given ' notice to the prosecutors, that he will surrender ' in court that day.

' Donations will be most gratefully acknowledged ' in this paper, or in person by the unhappy ' sufferers, if admitted, and will be received by ' Mr. John Frip , apothecary, in Carey-street, opposit ' to the Plough Inn, Lincoln's-Inn, who ' has attended the poor woman in her sickness ' these four months past, and still attends her, and ' who, in compassion to their deplorable situation, ' is pleased to take the trouble upon him.'

After which it was read and compared with the printed account in the Public Advertiser the 18th and 19th of April last.

Prisoner's Defence.

Without troubling the court I submit to the mercy of the court, and hope it will be considered I have suffered by two sits of illness since I have been in Newgate.

Frip's Defence.

The prisoner is the sole author of it, what I did was out of charity, he called upon me after he had left it with the printer, and told me he had made use of my name to receive donations for him; I consented to it, not thinking of the consequence.

Capt. Morris. I n regard to Mr. Frip, I believe he was really innocent, and was lead into it by the prisoner Shortney.

Q. to Egelsham. Did Mr. Frip come with Shortney when he brought the advertisement?

Egelsham. He did not; as his name was to it, to receive donations, I went to him and asked him whether he was the author of the advertisement, he told me no. (His wife had said the same to Mr. Spavan before.) Mr. Frip said it was one Shortney that told him he had brought it to our house to be inserted, and after he had left it he called upon him and acquainted him therewith, that he had used his name, and that it was without his knowledge his name was made use of; and he passed it off, thinking it was a good-natured action, and did not trouble himself about it.

Shortney Guilty .

Frip Acquitted .

[Fine. See summary.]

[Imprisonment. See summary.]

399. Thomas Flat was indicted for stealing four iron pots, value 4 s. the property of his Majesty , July 19 .

William Boyler , clerk to the commissioners for prizes deposed, That on July the 19th there was a vessel that came up from a French prize lying at the Hermitage stairs, which had on board 524 iron pots, out of which four were missing.

George Horsley deposed, That he saw the prisoner go on board a vessel which lay at the Hermitage, out of which he took two iron pots and carried them away.

The prisoner in his defence denied the fact, and called nine persons to his character, who all gave him a good one.

Guilty .

400. Ann Ward was indicted for stealing three silver tea 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 .

The prosecutrix deposed, She lived in St. James's street, Westminster , and the prisoner had been her servant about six weeks before. On the 10th of July when she got up she missed the prisoner, found her buroe broke open and the things laid in the indictment taken away; that the prisoner was taken up about a fortnight after that, who fell on her knees and beg'd for mercy, and owned the taking of the things. That the declared where she had sold them, and went with her to Mr. Dawson's at the Golden Cup, Holbourn-Bridge, and Mr. Gosling, a goldsmith in Cornhill, where she had sold some of the things, who appeared and confirmed her evidence.

The prisoner had nothing to say in her defence, but beg'd the mercy of the court.

Guilty .

401. Sarah Cross , spinster , was indicted for stealing one Portugal piece of gold value 36 s. one half guinea, and 13 shillings in money numbered, the property of Anthony Balendine , in his dwelling house , August 10 .

Anthony Balendine deposed, That he was a maker of instruments of music ; that the prisoner used to play with his children. On the 10th of August he heard it said that she had found a 36 s. piece, he then missed one from out of a box in a press by his bed's side; also a half guinea, two half crown pieces, and 6 or 7 s. in silver. He took the prisoner up, and the next morning the prisoner's master brought the purse that he used to keep his money in, and part of the money, and delivered it to him.

He being ask'd the age of the prisoner, said she was about eleven years of age.

Acquitted .

402. Richard Williams was indicted for stealing a pair of mens leather shoes, value 6 s. the property of Robert Franks , Sept. 1 .

Robert Franks deposed, That he keeps a publick-house. On the first of September the prisoner was drinking in his house; he did not see the prisoner take his shoes, but saw them found upon him.

John Tipper deposed, That he was servant to the prosecutor. On the first of September he saw the prisoner go backwards into the kitchen (where none but the servants go) and take his master's pumps from out of a closet there, and put them under his apron and go into the drinking-room and put them under him, where they were found upon examining him.

Guilty .

403. 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 and property of Mary Boswell , spinster , July 14 .

Mary Boswell deposed, That the prisoner lodged along with her. She went away and the things were missing at the same time, that she took her up with the cloak and petticoat upon her.

The prisoner in her defence said the prosecutrix lent her them.

Guilty 10 d.

404. Sarah Pank was indicted for stealing 33 yards of crape, value 10 s. the property of Robert Howlet and Edward Williams , Aug. 9 .

Robert Howlet deposed, That he is an undertaker , and lives at the corner of Fleet-Lane, and Edward Williams is his partner. That he lost crape at different times to the amount of 32 yards within about six weeks time; that the prisoner worked for them by the week at shroud making, at their own house.

Sarah Marshall deposed, That she lodged with the prisoner, and said the prisoner had not a bit of crape in her room at one time, and after that she observed her to pull crape out of her pocket when she came home, and put it in her drawer; that in her absence she look'd into that drawer and found twenty-five yards and three quarters of crape in pieces. She measured it and put it in again: She suspected she did not come honestly by it, and so she discovered it.

Eleanor Ireland deposed, That she saw the 25 yards of crape, being with the other evidence when she took it out.

Francis Lane deposed, That the prisoner lodging in his house, the other two witnesses discovered to him the prisoner's having this crape in her drawer. He went and found it, and the prisoner owned before the constable and him that it was the two prosecutors crape. [ Produced in court in 17 pieces, and deposed to by Mr. Howlet as their property.]

Prisoner's Defence.

Mrs. Howlet swore to the notch of the scissars, which is very strange, it is my property, I always work for myself.

She called Henry Smith, who had known her two years and upwards. - Edward Chandler , who declared he knew but little of her - William Barber who had known her about three years, and Henry Bishop about ten years, gave her a good character; but upon being asked, neither of them could recollect her dealing in crape.

Guilty 10 d.

405. John Baptista Gorgone was indicted for stealing one linen gown, value 10 s. the property of Sarah Hutcherson ; and one smoothing iron, value 6 d. the property of Robert Swiney , Aug. 5 .

(The prisoner being a foreigner and not understanding English, and interpreter was sworn.)

Sarah Hutcherson deposed, That she lived in Swallow-street , and rented a room up two pair of stairs. She locked her door in the morning on the 5th of August, went out and returned about six in the evening; when she unlocked her door the prisoner started out of her room upon her and cried, hush hush, then pulled her gown out of his pocket and flung it on her bed. She endeavoured to run down stairs, but he clapt his hand upon her shoulder and said, d - n you hush, and put his hand to his breeches pocket; which so affrighted her that she thought he was going to cut her throat. She said, for Christ's sake don't murder me. Then he was going to salute her, and she said, pray Sir go along, what business have you in my room? Then he ran down stairs, and she cried out stop thief! He was taken in another house about three doors from her, with the smoothing iron in his hand, and pull'd out a parcel of false keys from his pocket. [Thirteen keys produced in court] She took one of them in her hand and said, this hath been tried, and will unlock my door.

Robert Swiney deposed, That he was abroad and sent for home, where was the prisoner.

Bridget Swiney deposed, That the prosecutrix lodged in her house. The prisoner came to her door and was looking at a bill put up Lodgings to Lett. Presently after her girl said there was some body gone up stairs, and after that she heard that cry of stop thief. Soon after the prisoner was taken, she sent for her husband the last witness, who made the prisoner turn his pockets, out of which came the keys; he had also this smoothing iron, my property. He said he went about with a strong Italian woman for a shew.

The prisoner in his defence said he found the door open and no body there, that he took the gown and put it in his pocket.

Guilty .

406. Eleanor Moore , spinster , was indicted for stealing 24 yards of linen cloth, value 20 s. the property of William Dawson and Isaac Walker , Sept. 10 .

William Dawson deposed, That Isaac Walker and he were partners (being wholesale linen drapers in Cornhill ) that the prisoner was his servant . On Sunday the 14th of September ( after she went out between 9 and 10 o'clock, and as she was to have gone on the Monday, they thought she was gone for good) he and Mrs. Dawson went up to see if she had taken her boxes away; they found her two boxes, one lock'd and the other open. The first thing they observ'd was a handkerchief with new linen in it, cut out into short lengths; upon which he was desirous of looking whether he could find any marks, and upon looking found one; there were 24 yards of it originally. He produced a piece of about three nails, and shew'd a mark that he said he could swear was his mark; that she had taken the key to let herself in. She having many followers he thought best to keep her out when she was out, upon which he fastened her out. She came that night, he look'd out and told her he did not look upon her as his servant, and desired her to call in the morning for her wages. When she came he desired her to walk up stairs that he might search her box. He shew'd her the linen and ask'd her how she came by it, she said she bought it of a linen-draper in Covent-Garden, but she could not tell his name, sign, or street. He sent a person with her to see if she could find out the shop, but they returned and she could not find it. He sent for a constable, and before the alderman she confessed the fact. He said she had been his servant about seven months, and had behaved well, till about the time she had warning given her, to go away.

John Bradley deposed, That he was servant to the prosecutors, and that he believed the linen, which was taken out of the prisoner's box, to be their property. It was their private mark, being I. N. with a figure under the two letters, their mark for fourteen-pence.

The prisoner in her defence said, she knew nothing of that cloth being put into her box. They told her if she would own where she had it from, they would forgive her, and, in her fright, she said she would pay for it, rather than be in trouble; that she did not say she bought it in Covent-Garden, and that her master said he would not pay her her wages, till he knew where the linen came from.

The prosecutor being ask'd if he had paid her her wages, said he had not, but was then ready so to do.

She call'd Mr. Shields and Mr. Miles, who both gave her a good character.

Acquitted .

407. Elizabeth wife of John Harrison , was indicted for stealing one cloth cloak, value 6 d. one silk, handkerchief, value 2 s. one linen shirt, value 2 s. and one linen sheet, value 1 s. the goods of Samuel Elkins , July 20 .

Samuel Elkins deposed, That the prisoner had lived with him, but had left his service before he missed any thing. He missed them the day after she was gone. He went and found her four days afterwards, when she told him, if he would forgive her she would give him the things again, and told him where she had pawn'd them, where they were found. (Produced in court and deposed to.)

The prisoner said she was so silly as to take the the things, but it was the first fact, and beg'd for mercy.

Guilty 10 d.

408. Mary Nocklis , spinster , was indicted for stealing one silver watch, value 10 s. the property of Bartholomew Devis , August 23 .

Mark Smith deposed, That he was a watch glass maker, and liv'd at the corner of Maidenhead-Hill, St. Giles's in the Fields; that his wife informed him that the watch, which was new, was brought to him to have a glass fitted to it, about three weeks ago, but he had never seen it; that the prisoner got up about five in the morning, came into his room, took the key of the street door, went down, and out. He got up. and this watch was missing. After that she was taken up at Deptford, but he had not seen her aid then at the bar. ( Thew watch produced.)

Bartholomew Devis deposed, That it was his watch, he having finish'd it himself.

John Maryote the constable deposed, That he lived at Deptford, where the prisoner offer'd that watch to sell, but it was stop'd; that he was sent for, and had charge of her, and the watch was deliver'd into his hands.

Mrs. Smith, wife to Mark Smith , deposed, That she took that watch in of Mr. Devis, on the Monday in the afternoon, the day before the prisoner went away, and put it in a table drawer.

The prisoner in her defence said, her mistress and she having words, she pack'd up her things, and went into the country, and when she got there, she found the watch amongst her things.

Guilty .

409. Mary Martin , spinster , was indicted for stealing two pewter quart pots, value 2 s. and 8 d. the property of George Robertson , August 24 .

The prosecutor lives in Rose Alley, Whitecross-Street, and keeps a publick-house. He was told a woman had melted some of his pots, so went, and found the prisoner in the hands of the constable. He being shew'd some melted pewter, ask'd her whose it was. She said it was his two quart pots, that she had taken them, carried them into her room, and melted them.

Guilty, 10 d.

410. George Cartwright was indicted for stealing three iron bars, value 5 s. the property of Richard Russel and Thomas Lawton , August 22 .

Richard Russel deposed, That Thomas Lawton and he were partners, in the glass making way; that they had lost a great many iron bars, which they use in their furnace, for five or six months, that they had found three of them again on the 22d of August, and that they had heard of the prisoner being about in their yard, at unreasonable hours, which made them suspect him.

Robert Brittle deposed, That he met Mr. Russel, foreman to the prosecutors, who desired him to follow the prisoner, who had got something on his shoulder, to see where he was going, and what he had got; that he followed him to Cow-Cross, and saw him go to the shop of one Sutton there, and put down three iron bars; that he desired Mr. Blunt to stay and watch him while he went to fetch Mr. Russel. When he came back again Mr. Blunt and another man had set him.

Edward Russel deposed, That he saw the prisoner on the 22d of August with something on his shoulder, and desired Mr. Brittle to go after him. After that he came for him. He went, and the prisoner was secured, who, upon being charged with stealing the bars of iron, own'd them to be the property of the prosecutors.

Benjamin Lane deposed, That he liv'd in the house where the prisoner did, and hearing a noise in the house got up, about eleven at night, and went to the window, in order to see what was the matters. While he was at the window he saw a man go out of the house, but who it was he did not know. In a little time he saw the prisoner come into the house. After that he went out to the pump, which was about five or six yards from the door, and wash'd his hands. Then he went in, and up to bed. The next morning he got up, and he soon was after him. Soon after the prisoner went upstairs. That he looked about to see what he had brought home in the night, and found three bars of iron in the cradle. That he went over to Mr. Russel and told him what he had seen, and said, if he would watch his going out he might see where he carried them. Being ask'd whether that might not be the prisoner that he saw go out before the prisoner came in, he said it was not the prisoner, he going one way, and the prisoner coming in about a minute after another way.

George Blunt . I live at Cow-Cross; I watch'd the prisoner till he took these iron bars into Mr. Sutton's shop.

The prisoner in his defence said two of these bars he honestly paid for to Joseph Pardor, for a penny a pound; the other he had of William Atak , and was to make him a grate, and he was to allow him a penny a pound for the iron.

Guilty .

411. Elizabeth, wife of William Courtney , was indicted for stealing 31 s. in money number'd , the money of Lewis Longworth , August 29 .

Isabella Longworth deposed, That she has a husband, named Lewis Longworth ; that she is a bandbox maker, and the prisoner work'd with her; that the prisoner and another of her servants had been in the country, and brought her home 31 s. which she put into a closet where she lay; after which she observed the prisoner flush of money, and talk'd of going to Gosport. She said, how can you go? it will be expensive. She answer'd the man would carry her down for nothing. Then she went to look for her money, and missed it. She challeng'd the prisoner with taking it, who own'd to her and others that she had taken it, and desired to work it out at 2 s. a week.

William Lee and Sarah Arnold deposed to that of the prisoner's confession.

The prisoner in her defence said, she found half a guinea on Richmond Green, and when they search'd her they found nothing but that upon her, and some halfpence. Then they said her mistress would take the money at 2 s. a week, and she said she'd do any thing, rather than go to gaol.

Guilty .

William Hadley and Stephen Harding , for a burglary; John Pritchard for returning from transportation before the expiration of his time, and Eleanor Eddows for publishing a forg'd bond,

capitally convicted in July sessions,

AND Andrew Scot , for publishing a forged indorsement; John Bradbury , for a highway robbery; Brent Coleman , Richard Gregory , John Roberts , and Thomas Price , for divers robberies; Barthel, Goodfield, for stealing goods in a dwelling-house; and John Long , for stealing a gelding,

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 1.

Henry Clark - 381.

Transported for seven Years 14.

Abraham Bareive - 394

Mary Williams - 395

Elizabeth Dyer - 396

Elizabeth Thatcher - 375

John Savage - 376

John Hall - 377

Jane Hickey - 378

Elizabeth Watkins - 382

Robert Lowman - 384

George Hall - 388

William Gilham - 389

William Stratton - 392

John Newton - 392

Elizabeth Letter - 393

To be whip'd 1.

Catherine Faulkner - 385.

Terence Shortney to be fined one shilling, and be imprisoned one month. - 397

A List of the Acquitted.

Henry Bates - 379

Elizabeth Bates - 380

Margaret Nowland 383

Cornelias Burden - 386

Samuel Drybutter - 387

William Cowdren - 390

Richard Mason - 391

William Hadley and Stephen Harding , for a burglary; John Pritchard for returning from transportation before the expiration of his time, and Eleanor Eddows for publishing a forg'd bond,

capitally convicted in July sessions,

AND Andrew Scot , for publishing a forged indorsement; John Bradbury , for a highway robbery; Brent Coleman , Richard Gregory , John Roberts , and Thomas Price , for divers robberies; Barthel, Goodfield, for stealing goods in a dwelling-house; and John Long , for stealing a gelding,

capitally convicted in September sessions, were all executed on Wednesday the 5th of October.

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:

BRACHYGRAPHY: OR SHORT-WRITING Made easy to the meanest Capacity:

The Persons, Moods and Tenses, being comprized in such a Manner, that little more than the Knowledge of the Alphabet is required to the writing Hundreds of Sentences in less Time than spoken. The whole is founded on so just a Plan, that it is wrote with greater Expedition than any yet invented, and likewise may be read with the greatest Ease.

Improved (after upwards of Thirty Years Practice and Experience )

By T. GURNEY, Writer of these Proceedings.

N. B. The Book is a sufficient Instructor of itself; but if any Difficulty should arise, the Purchaser, by applying to the Author, may depend upon all proper Assistance, without any further Expence. Also, I have Authority to direct such to divers of young Gentlemen, Ushers, Bookkeepers, &c. &c. in London, Westminster, and the Borough of Southwark; who are compleat in the Art, and will be ready to forward any that shall apply.

Sold for the Author by Mr. J. Clark, under the Royal-Exchange; Mr. Keith, Grace Church-Street, Mr. J. Robinson, Ludgate-Street; Mr. William Reeve , Fleet-Street; Mr. J. Buckland, Mrs. M. Cooper, and Mr. T. Field, Paternoster-Row; Mr. William Owen , Temple-Bar; E. Dilly, in the Poultry; Mr. Gretton, Old Bond-Street; Mr. William Lepard , Tooley-Street, Booksellers; and by himself, at his House, in Christ-Church Parish, Surry.