Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 03 September 2014), December 1757 (17571207).

Old Bailey Proceedings, 7th December 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 Goal Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 7th, Thursday the 8th, and Friday the 9th of DECEMBER,

In the Thirty-first Year of His MAJESTY'S Reign. NUMBER I. for the Year 1758. Being the First SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE Sir CHARLES ASGILL , Knt. LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by M. Cooper, at the Globe, in Paternoster-Row, 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 Sir CHARLES ASGILL , Knt. Lord-Mayor of the said City; Sir MICHAEL FOSTER , Knt. one of the Justices of his Majesty's Court of King's-Bench; *Sir SIDNEY STAFFORD SMYTH , one of the Barons of the Exchequer; + Sir WILLIAM MORETON , Knt. Recorder; ++ and others his Majesty's Justices of Oyer and Terminer for the said City and County.

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

London Jury.

John Charlton

William Peachey

James Cox

John Shedon

John Barron

James Lane

William Smith

John Smout

George Carbold

Benjamin Daniel

Stephen Edwards

Thomas Brown

Middlesex Jury.

James Bagnall

Daniel Mason

John Thorne

Matthew Wall

Zechariah Carleton

Joseph Sutton

William Potter

Francis Deschamps

John Owen

John Millan

William Kitchen

William Simpson

I. (M.) Mary, wife of John Franklin , was indicted for stealing two silver tea spoons, value 4 s. the property of Joseph Isaac , August 6 . ++

Joseph Isaac . I lost a tea-chest and six silver teaspoons, two of which were stop'd at Mr. Fell's, a pawnbroker. ( Produced in court.) I think they are mine; here is I. I. upon them, the same as on the rest I lost.

Q. Did the prisoner live with you?

Isaac. No; I know not how they were lost.

John Fell . On the 6th of August, in the evening, the prisoner pledged these spoons with me for 4 s. On the 4th of November she came again, but having seen an advertisement, on the 8th of August, of a chest and such spoons, I asked the prisoner if these spoons were her own. She said they were. I secured her, and took her to justice Fielding's, where she said she had bought them of an old cloaths man; but she made an attempt to run away.

Prisoner's Defence.

I told him I was sent with them to pawn by a young woman, who said they were her own; she lives in St. Giles's: I believe she is an honest body, but I have not seen her since. Please to ask the prosecutor if I said I bought them.

Prosecutor. I was not before the justice the first time she was there.

Acquitted .

2. (M.) Mary Lawson , spinster , was indicted for stealing two linen aprons, value 12 d. and one linen handkerchief, value 8 d the property of Francis Higgins , November 25 . ++

Margaret Higgins . I am wife to Francis Higgins . I lost two handkerchiefs and two aprons, but can't say who took them. The prisoner was my servant about a month or six weeks. I left her in the room by herself when I went out, and when I returned the things were gone. I never saw them again.

Q. When did you miss them?

M. Higgins. It was on a Friday night, but I don't know the day of the month; she went away at the time.

William Werry . I am servant to a pawnbroker. A person brought a handkerchief to us to pawn, in the name of Mary Lawson , but I am not sure it was the prisoner. (Produced in court.)

Prosecutrix. (Looks upon it.) I can't swear that this is mine; I lost such a one, but there was no mark upon it

Thomas Branning. This apron (producing a cheque one) was pawn'd to me by a person, in the name of Mary Lawson . I can't say the prisoner is the person.

Prosecutrix. This is not my apron, neither is it the same that was brought by this man before Mr. Welch.

Branning. This is the very same.

Prosecutrix. That was a new one, and this is not.

The prisoner had nothing to say in her defence.

Guilty, 10 d.

3. (M.) Robert Humphrys was indicted for stealing one pair of cloth breeches, value 9 d. one pair of worstead breeches, value 9 d. and two linen aprons, value 9 d. the goods of James Black , Nov. 9 *

James Black. I had missed one pair of breeches and the two aprons two or three days. I took the prisoner up, and charged him with taking them. He own'd he had taken them out of a two pair of stairs room in my house, and went with me to the pawnbrokers, where he had pawn'd them. ( The goods produced in court, and deposed to.)

George More I took in these stocking breeches and a colour'd apron of the prisoner at the bar.

Elizabeth Mhansey . I took in a pair of blue grey breeches, The these, of the prisoner at the bar.

Prisoner's Defence.

I went and err'd myself to go to sea, at justice Fielding's, and the prosecutor took me up, and put me into New-Prison.

Guilty .

[Transportation. See summary.]

4. (M.) Lawrence Farnham was indicted for stealing twenty eight yards of shalloon, value 4 s. and 6 d. the property of Charles Orchard , Nov. 9 *

Charles Orchard. On Tuesday the 9th of November, betwixt one and two o'clock, I was at dinner backwards. Hearing something fall in the shop, I went and found three or four pieces of cloth on the ground, but saw nobody. Soon after I was informed there was a man gone up into a coach-maker's yard, where was no thorough-fair. I went and there was the prisoner, who shoved this piece of shalloon into my hand, and said, '' If it is '' your's, take it.'' (Produced in court.) After that he got away, but was soon secured, and brought to me. This is my shalloon, and was taken out of my shop.

Dorothy Southy . The prisoner came into my passage with this shalloon in his hand. I asked him where he was going. He said to ease himself. I said, you have stole that shalloon, and shall give an account of it; how did you come by it? He said, '' Ask my a - se,'' and gave me a great deal of ill language. Then he push'd up the yard. The prosecutor came, and I saw him take the shalloon of the prisoner.

Prisoner's Defence.

I found the piece of cloth in the street.

Guilty .

[Transportation. See summary.]

5. (M.) Margaret Patton , widow , was indicted for stealing twelve silk handkerchiefs, value 12 s. eight linen handkerchiefs, two holland shifts, one flaxen shift, one duffil coat, twelve metal spoons, one holland sheet, one flaxen sheet, one flannel petticoat, one linen gown, two linen aprons, one copper tea-kettle, and 22 s. in money numbered , the goods of Mary Mansfield , widow , November 21 .*

Mary Mansfield. I live in St. John's, Wapping . On the 21st of November I went out, on the other side of the water, for about three hours, and left the prisoner at the bar to take care of my house. She lodged and lay with me. I had taken my cloak out of a wainscot chest to put on at the time, and then saw the great coat lying in the chest. When I returned I missed the coat; 22 s, in silver out of that chest, and a flaxen shift. After that I examined a chest of drawers, out of which I missed several things, as a pair of sheets, some handkerchiefs, and caps. Then I examined a deal box, out of which I missed a shirt, some shifts, and handkerchiefs; a dozen of hard metal spoons out of a little trunk, and a tea-kettle out of the chimney corner. The prisoner was combing her head when I returned, which she soon did up, and was gone in an instant. I took her up about three days after in Shadwell, and charged her with taking the things, but she denied it. She had brought a man to my house on the Friday night before, whom I left in the house with her when I went out that time. When I returned I asked her where that man was. She said he had been gone ever since I went out, but when she was taken up she laid it to him.

Q. What man was that?

M. Mansfield. I don't know. She told me he was her brother-in-law's shipmate, that he was afraid of being impress'd, and desired he might lodge at my house, saying, he was a very honest man. She was very great with him.

Q. from prisoner. You have known me a long time, did you ever know any ill of me?

M. Mansfield. She lodged with me about six or seven years ago, at which time she behaved as an honest woman.

Q. How long had she been at your house the last time?

M. Mansfield. About two or three months.

Prisoner's Defence.

She desired me to speak to any body that I knew to get her a lodger. I met a man, who told me he was a seafaring man; that he came from the Downs, and wanted to be private, for fear of the press; so I took him to my landlady, and she was well pleased with him He rob'd her house, and she has swore it was me. I took all the pains I could to find him, but could not.

To her Character.

Elizabeth Richardson . I have known her not two months; I never heard any ill of her.

Prosecutrix. I desire Giles Savage may be examined.

Giles Savage . I am a headborough. When I served the warrant on the prisoner I ask'd her how she came to leave the house, when she had the charge of it. She said the man had wrote a letter to a merchant for 20 or 40 s. and sent her with it, and while she was gone he took the things out of the house. When I was taking her to Bridewell I said, why do you not tell the truth, and get admitted king's evidence. Then she said, if she old get a sheet of paper she would write to the man. Then I said, you know where the man is. After that she said she did not know where he lived.

Acquitted .

6. (M.) Solomon Peters was indicted for that he did falsly and feloniously make, forge, and counterfeit a certain promisory note, for the payment of 33 l. 13 s. to himself, with the name James Bell subscribed thereunto, and publishing the same, knowing it to be falsly made, &c. with intent to defraud the said James , Oct. 10 .*

John Peirt sworn.

Q. Are you bail for the prosecutor James Bell , in an action brought against him by the prisoner at the bar?

Peirt. I am.

Q. On what account is that action?

Peirt. On a note.

Q. For how much money?

Peirt. For 33 l. 13 s.

Court. He cannot be a witness, he is interested in the event of this trial with the prosecutor; had that bail been taken off, he had been a good witness.

Council for prosecutor. Then we are deprived of our principal evidence. We say the prosecutor did borrow three guineas of the prisoner, and gave him a promisory note for it in figures. After which this note now depending was forged, and the money demanded by the prisoner.

Hugh Scot I never saw Mr. Bell write but once, which was this receipt (producing one.)

Q. Can you say you are acquainted with his hand writing?

Scot. I can't say I am.

Q. Look at this note for 33 l. 13 s. and compare it with that given to you, see if the hands agree or not.

Scot. There is some difference.

Mrs. Lewis. I went up stairs to Mr. Bell for change for a guinea; there were Mr. Peters the prisoner and he in a little room together.

Q. Where was this?

Mrs. Lewis. This was in Mr. Bell's house. I ask'd Mr. Bell for a silver for a guinea; he said he was about a little business, that he had borrow'd three guineas of Mr. Peters unknown to his wife, and he would pay him it, but Mr. Peters being going into the country, rather chose to have a note of hand than the money. Mr. Bell said this is 3 l. 3 s. Peters said yes, this is all one to me. Mr. Peters was writing.

Q. Had you the note in your hand?

Mrs. Lewis. No, I had not.

Q. When was this?

Mrs. Lewis. This was on the Monday before Mr. Bell was arrested.

Acquitted .

The note was deposited in the hands of the clerk of the arraigns to be produced on the trial.

7, 8. (M) John Page and Sarah his wife were indicted for stealing three blankets, value 3 s. two linen sheets, one bed quilt, one copper tea kettle, one pair of tongs, one trevit, one bolster, one brass fender, one pair of bellows, and one curtain, the goods of James Case , the same being in a certain lodging room let by contract , &c. Nov. 5 . +

James Case . I live in Dean Street, High Holbourn . I let a lodging-room in my house ready furnished to the prisoners at the bar, on the 23d of September. On the 5th of November they went out, I had a mistrust they had taken away some of the goods. We went in and missed the goods mention'd in the indictment.

Q. Have you ever seen them, or any of them since?

Case. I have most of them. I took up the woman, who confessed she had pawn'd them at several pawn brokers, where I went and found them pawn'd in her name. I have heard a very good character of the man, but a very bad one of the woman.

Q. What is his employ?

Case. He is a labourer in the farming way.

Q. Did she say she pawn'd the goods by the order of her husband?

Case. No, she did not mention him.

Ann Case , wife of the prosecutor, confirmed the evidence of her husband.

John Fryer . I am a pawnbroker; the woman at the bar brought a sheet to pawn with me about the latter end of September, and a tea kettle, which my brother took in. I heard her own since that she brought them, and Mr. Case has had them out.

Anthony Desolor . I am a pawnbroker. The woman at the bar brought me a quilt, two blankets, and a curtain.

Jane Ramsey . I am a pawnbroker. There was a bolster brought to me by the name of Mary Jones , the woman that brought it is not here: ( Produced in court and deposed to by the prosecutrix.)

John Page 's Defence.

I never was in the pawnbrokers shops.

Sarah Page 's Defence.

My husband went along with me, and staid at the doors while I pawned these things, who was then sick and out of work.

To his Character.

William Thorp . The prisoner John Page was servant to me (I am in the coal business) more than seven years. He has been gone from me about four years. He behaved very honestly while with me.

Q. Do you know the woman?

Thorp. I know nothing of her.

James Page . I am nephew to the prisoner. and have known him all my life time. I would trust him with a million of money if I had it, but to the woman she is very bad.

Catherine Burcher . I have known John Page about four years. He was servant to us, and drove a cart for us within a month or two ago. My husband is a farmer. He has been trusted to bring money home for hay, and he has brought it very honestly; he is a very honest man.

John acquitted .

Sarah guilty .

[Branding. See summary.]

9. (M.) William Green was indicted for that he, together with Thomas Green, on Thomas Manners , clerk , on the king's highway, did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two guineas and ten shillings, in money number'd, his property , Nov. 11 . ++

Thomas Manners . On the Friday after the king's birthday I went from London, being the 11th of November, in a one-horse chaise, a lady with me, and a servant before. I stop'd at the Old Hat, on this side of Southwell, about seven miles out of town, where I had order'd a toast and some eggs; it had rained. Presently I changed my resolution, the storm going off, and order'd my chaise out, and near the turnpike, on the otherside Southwell , two men met me on horseback.

Q. Was this in Middlesex?

Manners. Yes. They bid me stop; one went on one side me, and the other the other; one held a pistol while the other held his hat to take the money.

Q. Look at the prisoner.

Manners. It is he that had the pistol, and bid me stop; he bid me deliver my money: I put my hand into my poket, and gave two guineas and some silver, more than ten shillings, into the other's hat. After that the prisoner ask'd me for my watch. I told him I had none.

Q. Was you put in fear?

Manners. To be sure I was, to see a pistol pointed at me, I had given my watch to the lady before, so I shew'd him I had none. Then he said is this all the money you have? and added d - n you, don't make any words; I offer'd to turn my pocket. I put my hand into my pocket and pull'd out a gun flint, and said here is all; will you have this? He said, no, I might have that myself. I had preserved some silver in my other pocket, which I did not shew him.

Q. What hour of the day was this ?

Manners. Betwixt twelve and two in the day. I went on to the turnpike, and ask'd my servant what I had best do. He said, pursue them. I said, he might pursue them, but he would not. He was sitting on horseback before me at the time I was rob'd.

Q. What is his name?

Manners. Thomas Pain .

Prisoner. His servant said yesterday, at Mr. Fielding's, he would not swear to me.

Prosecutor. There is a ring which he took from the lady at the time, which I can swear to; it was found upon the prisoner when taken.

Q. Was you present when he was searched?

Prosecutor. No, I was not.

William Parsons . I am Mr. Fielding's servant, and was sent in pursuit of the prisoner by my master; I took him at a place call'd Hockley, beyond Dunstable. We searched him, and found a watch and a ring. (He produced the ring.)

Q. to Manners. Do you know this ring?

Manners. I bought this ring, and gave it to the lady, who was in the chaise with me, and was rob'd of it at the time that I was.

Prisoner's Defence.

I was at the time that the gentleman says he was rob'd in Oxfordshire. I think his servant ought to be here.

Prosecutor. He can't be any positive evidence, because he was before the chaise, and the prisoner's back was towards him.

Guilty , Death .

10. (M.) John Weaver was indicted for stealing a silver tankard, value 5 l. the property of Mary Bridge , widow , December 1 . ++

Mary Bridge. I am a dyer in Panton-Street . I missed a silver tankard on the first of December in the morning. I had it in the house at ten at night on the dresser in the kitchen, and it was heard of again in Wapping. We suspected the prisoner; he was a daily servant to me about six months, and had been discharged three weeks.

Q. Have you seen it since?

M. Bridge. No, I have not. The person that bought it is here. I suspect it was taken by coming in at the top of the house.

Mary Smith. I keep a goldsmith's shop in Wapping, opposite King Edward's Stairs, for an uncle and aunt. The prisoner at the bar came into our shop on Thursday morning, about ten o'clock, the first of December.

Q. Did you ever see him before?

M. Smith. No, never. I bought a silver tankard of him, and gave him 5 s. per ounce. I paid it away to a workman on the Friday, being the next day.

Q What sort of a tankard was it?

M. Smith. An old fashion tankard, without any arms, cypher, letter or crest.

Prosecutor. My tankard had no mark upon it. I bought it at an auction, there had been a coat of arms on it, but it was taken out, and a piece put in very nicely.

Q to Mrs. Smith. Did you observe such a piece.

Mrs. Smith. No, I did not. The prisoner had in change two large spoons. It weigh'd twenty-one ounces, thirteen penny weight. I paid 5 l. 8 s. 3 d. for it, I paid the money down, and he paid me 1 l. 3 s. 6 d. for the two spoons.

Q. to prosecutrix. Did you ever weigh your tankard?

Prosecutrix. No, I never did.

Mrs. Smith. The prisoner said the tankard was his sister's, who wanted to part with it, and have some spoons.

William Harrison . I received this tankard, and other silver, in part for goods deliver'd, of Mrs. Smith. It was an old silver tankard, without any mark on it, only fit to be melted down. I received it last Friday, and melted it down since.

Roger Boshie . I am a constable; these two spoons I took out of the prisoner's pocket ( producing two new spoons.)

Mrs. Smith. These are the two spoons the prisoner had of me at the time.

Prisoner's Defence.

As I was coming along Panton-Street that morning, a woman came and tap'd me on the shoulder, and said if I would step with her, she had got a job for me to do. I went with her a little way, then she shew'd me a silver tankard; she wanted me to go and sell it, saying she was afraid to sell it her self. I told her if she would satisfy me for my trouble I would, and she consulted which was the best place to sell it at. We went together from place to place, till we came to this gentlewoman's shop. I sold it her, and bought two spoons at the time. I had for my trouble a guinea, three shillings, and the two spoons, and the woman had the rest of the money.

To his Character.

John Doleman . I live in St. Luke's Parish ?

Q. What are you?

Doleman. I am teacher of a dissenting congregation. I have known the prisoner about fourteen years. I liv'd within a few doors of him in Bristol, where he liv'd with a great deal of reputation. He was a master silk dyer; he would at times get drunk, and then he acted like a mad-man, more than any thing else. My acquaintance with him was through his wife's relations, people of character.

Guilty .

[Transportation. See summary.]

11. ( M.) Robert Campbell was indicted for stealing twenty gallons of oil, value 16 s the goods of Elizabeth Ward , widow , Nov. 17 . ++

Elizabeth Ward . The prisoner was my servant . I am a lamp lighter . I was told that my lamps used to be burnt out before eleven at night. I knowing I allow'd a sufficiency of oil, suspected the prisoner made away with the oil. I took him up, and before the justice he confess'd he had sold oil several times to John Richardson , Mary Price , and Charlotte Leith .

Q. Had you no other person that lighted lamps for you?

E. Ward. He was the only person that lighted the lamps where the complaint was made.

Q. How much did you miss?

E. Ward. I went round to see, and there was scarce any oil in the burners.

Q. How much did you measure out to him?

E. Ward. I measured out thirteen quarts every evening, which would continue burning till six in the morning. He said he sold five quarts at a time to one Richardson, who keeps a chandler's shop; and two quarts a day to Mary Price , for three days, who keeps a chandler's shop and sells oil; and a pint and half to Charlotte Leith , that keeps a green shop; that he had four-pence half-penny a quart of Richardson, four-pence a quart of Price, and three-pence of Leith.

Q. What is it worth a quart?

E. Ward. It stands me in betwixt 10 d. and 11 d. per quart by the ton.

William Ward . The prosecutrix is my mother. I always used to measure the prisoner out thirteen quarts every evening. The complaint was from the second or third day, for eight or nine days, the time he was employ'd by us.

Q Did you ever see him in Mary-bone Fields?

Ward. I watch'd him from his first lamp; there was a man with him that we had employed, who had rob'd us before. I went from lamp to lamp, and followed them over the fields, to the last lamp in Marybone-Fields. I look'd at the measure, and found he did not put in half the quantity that he should have done. When he had done the last lamp he put the ladder up, and the other pull'd out a bladder to put the oil in. As they were putting the oil in I went to detect them, and the other man ran away. I took the prisoner to the Round house that night, and the next day before the justice, where he confessed he had sold our oil to Charlotte Leith , John Richardson, and Mary Price ; I had warrants granted to take them up. The prisoner was a second time examined, when he said a cousin of his was concerned with him; that he sold Price three quarts one day, two another, and two another, for a groat a quart.

Prisoner's Defence.

The man that was catch'd with me behind the church shew'd me these people where to sell it to.

Guilty .

He received sentence to be branded in the hand, which was done immediately .

12, 13, 14. (M.) John Richardson , Charlotte Leith . and Mary Price , were indicted, the first for receiving five quarts of the said oil , the second one pint and a half , and the third seven quarts, each well knowing it to have been stolen , &c. Nov. 17 ++

Robert Campbell was sworn, and deposed, That he was directed to the three prisoners at the bar, by the person that fled at the time he was taken, who had been a servant in the place he then was; that he sold to Richardson five quarts of his mistress's oil, at 4 d. halfpenny per quart, and that he bid him to bring no more in the day time the first time he sold him some, but come in the night, and he would take it, if it was ever so much, and that he knew he was a lamplighter; that he sold Charlotte Leith three half pints for three pence, and she told him she would buy more of him if he brought any; that he sold to Mary Price seven quarts, three the first time, two the next day, and two the day after, for a groat a quart; that she bid him come again if he had any more; that he went in his lamp lighter's dress, set his ladder at the door, and pour'd it out of his tin pot.

Samuel Hacket the constable deposed, That he took up the prisoners by the evidence Campbell's direction. The prisoner Richardson offer'd him two guineas it he'd make the affair up.

William Ward deposed, That the prisoner Richardson offer'd him five or six guineas to accommodate the matter, that he own'd before the justice he gave four-pence halfpenny a quart for it to Campbell; that he heard Charlotte Leith say she bought three half pints of Campbell for three pence; that he was also at the taking up of Mary Price, and that she acknowledged before justice St. Lawrance she knew Campbell to be a lamplighter, and that she sold oil

Richardson in his defence said, he thought there was no harm in it, and that he was innocent.

He call'd to his character John Dodd , who had known him three years; Thomas Wood three years; Samuel Boucher , three years; Richard Cotterell , three years; Mr. Clear, three years; Benjamin Boyden , seven years; Richard Dixon , three years; Thomas Footing, about three years; Mr. Ascue, three years; William Stone about three quarters of a years; Mr. c, re years; Isaac Clark , three years; and Richard Appiton , about a year, who all gave him the character of an honest man.

Charlotte Leith call'd six witness to her character, who all give her a good one.

Mary Price call'd ten witnesses to her character, who all give her a good one

Richardson guilty .

Leith and Price acquitted .

[Transportation. See summary.]

15. (L.) Mary Day , widow , was indicted for stealing ten yards of lawn, value 3 l. the goods of William Wiseham , privately in his shop , November 24 . ++

John Higgens . I am an apprentice to Mr. Wiseham, a linen draper , at the Three Nuns, in the Poultry . The prisoner came into our shop, and wanted some clear lawn; I cut her off a quarter of a yard.

Q. When was this?

Higgens. I believe it was the 23d or 24th of last month. She wanted some cheque. I went to go to the other end of the shop, and she was going to the other side of the counter. Seeing a ticket, belonging to a lawn, hang below her cloak I ask'd her what she had there. She said, she had nothing. I put my hand under her cloak, and took the lawn from under her arm; there were ten yards of it. I got a constable, and she was put into the compter. The next morning she was taken before my Lord-mayor. ( Produced in court, and deposed to as his master's property.)

Prisoner's Defence.

I bought a quarter of a yard of lawn. Then I wanted to look at some cheque. He said, what have you got under your cloak. I never saw the lawn, till I was before my Lord mayor.

Guilty, 4 s. 10 d.

[Transportation. See summary.]

16. (L.) Ann Samuel was indicted for stealing a silver watch, value 40 s. the property of William Musgrove , privately from his person , November 1 . ++

William Musgrove I was in Petticoat lane, November 1. I met with this woman in the street, about five minutes past ten at night, we stood together, and we had not talked together above four minutes in an alley, call'd Harrow Alley , before she ran away. I was surprised at it. I rest and missed my watch. I ran after her, and call'd the watch. I took hold of her in a minute or two after. She had got to another woman, her companion, to whom I saw her deliver something; the other went away. She was called to Aldgate watch-house and searched, but no watch was found. We took her before Mr. Clear an Alsop, where she denied it. The next day I heard I might have my watch again, on paying half a guinea, and saying nothing about it; I sent the half guinea, and had it again.

Q Are you sure you had the watch when you was with her?

Musgrove. I am positive of it, because I look'd at it when I first went into her company. ( The watch produced in court, and deposed to.)

Prisoner's Defence.

I had been drinking at the Three Pidgeons, and coming out I met this man, who laid hold on me, and call'd watch, and said I had got his watch. I said, sure the man is mad! and said, I'll go to the watch-house, or any where with you. They searched me there, but found nothing. I am as innocent as a dove, and never saw the watch with my eyes.

Acquitted .

17. (M.) Thomas Crosby was indicted for feloniously committing a rape on the body of Mary Reynolds , an infant, under ten years of age , November. 9 . ++

Judith Reynolds . I am mother to the child Mary Reynolds . On Saturday after my Lord-mayor's day I found in the bed a water from my child; I asked her what was the matter, and whether she wanted to make water. She said, no, mama, my private part is sore. I took no farther notice of it then. On the Sunday night I found her much in the same way again, and thought it might be from the heat of her water, but on Monday morning I examined her, and found a sort of corruption coming from her. Then I said I must know who hurt you. She said, mamy, don't beat me, and I will tell the truth. I said, I would not. Then she said, Mr. Crosby did it, the day his wife went to the hospital, and left me there; he got into bed, and call'd me to him. I went to him. Then he pull'd me to him, and put his c - k to me there, and hurt me sadly; she often went there. I carried her to Mr. Bruce, to know what was the matter with her.

Q. How long was it after the injury received before she complained to you?

J. Reynolds. This was done on my Lord mayor's day. She told me she was afraid of telling me, fearing he should beat her.

The child being but nine years and three quarters old, and not being examined upon oath, he was acquitted ; but detained to be tried next sessions for an assault upon the child, with an intent to commit a rape, &c.

18, 19, 20. (M.) Ann More , widow , Mary Purcer , spinster , and Mary Wilkerson , spinster , were indicted for stealing one brass candlestick, value 12 d. one pair of brass scales, value 6 d. one pair of copper scales, one copper coffee pot, one copper tea-kettle, one copper saucepan with a copper lid, one copper tankard, one cloth coat, one poplin gown, one linen cap, one linen shift, one pair of worstead stockings, one cloth cloak, one feather bed, one flock bed, one bedstead, one pair of beilows, two oak tables, and one worstead cover-lid , the goods of Arthur Couch , October 3 . ++

Sarah Couch . I am wife to Arthur Couch , who is on board the Essex man of war. I lost the goods mention'd in the indictment. I keep a chandler's shop, and being in trouble I left these goods in the care of Mary Wilkerson , and gave her the key of the street door; I gave More the key of my chest, where my husband's cloaths were, to keep for me. When I went to go home I had no home to go to; the goods were all moved away.

Q. Why do you charge Mary Purcer ?

S. Couch. She went and pawn'd some of my goods.

Q. How do you know that?

S. Couch. Mary Wilkerson and Ann More own'd before the justice, in my hearing, that they went with her to the pawnbroker's house, and staid at the door while the pawn'd some of the things; they both own'd that they sold some, and Mary Purcer own'd she pawned some of them while the other two stood at the door.

Wilkerson. She was in New-Prison, and sent word to me to sell or pawn the things, for money to supply her there.

Q Is this truth ?

S. Couch. I gave no such orders, neither did they give me any money.

William Humphrys . Ann More pawn'd a coat with me ( Produced in court.)

Prosecutrix. This is my husband's coat, which was lock'd up in a chest in my room, of which Ann More had the key.

John Ashbourner . I am a pawnbroker. All the coppers mention'd in the indictment were pawn'd with me, and also a pair of brass scales and candlestick, by Mary Purcer , who said she brought them from Mrs. Stiles, her mistress, in Salisbury-Street, in the Strand; I lent her 7 s. on them all.

Prosecutrix. I did not leave Mary Purcer in the care of any of my goods. ( The copper goods, brass scales and candlestick produced in court, and deposed to by the prosecutrix )

Mary Anderson . I keep a broker's shop. Ann More came for me to go and look at a few goods, in King-Street; there were two old flock beds, a bedstead, three old chairs, a bit of a table, and a pair of old bellows; I bought them there of Ann More for 12 s.

Prosecutrix. I live in Mercer's Street, Long-Acre. I saw in Mrs. Anderson's custody the bedstead, but she told me she had sold the other things.

Q. to M. Anderson. What is that bedstead worth?

M. Anderson. It is worth about 6 s.

Ann More's Defence.

She sent for me to New Prison, and order'd me to pawn these things for her, to supply her in the prison.

Prosecutrix. I did send her to pawn some things for me about two years ago, but not since.

Purcer's Defence.

Ann More said she could not pawn these goods, so she desired me to go to my mistress's pawnbroker to pawn them, which I did, and I delivered the money to her, who stood at the door till I came out.

To Purcer's Character.

George Daniel . I have known her six years; she works at making of gloves. I never heard any thing amiss of her.

William Roberts . I have known her above ten years; I always look'd upon her to be a very honest woman.

Isaac Barnes . I have known Mary Purcer about twenty years, and never heard any ill of her in my life.

Francis Walpole . The prisoner Purcer work'd for me, and I have known her seven years; she has behaved well and honestly, and has been in my wife's service about twenty-seven years.

More and Wilkerson guilty 10 d.

Purcer acquitted .

[Transportation. See summary.]

21. (M.) Jeremiah Bailey was indicted for that he on the king's highway, on Ann Royston , widow , did make an assault, putting her in corporal fear and danger of her life, and taking from her person one serge gown, value 5 s. six linen aprons, five linen caps, value 2 s. one ivory comb, two ribbons, two ounces of worstead, two pair of worstead stockings, two pounds weight of sugar, one quarter of a pound of tea, one half pound of butter, two linen handkerchiefs, one half guinea, and 8 s. in money number'd, her property , November 18 . ++

Ann Royston . I live at Southgate, and knew the prisoner before he rob'd me, and also when he did rob me. On the 18th of November I was going home from Edmonton, about six in the evening. At the upper end of a place call'd Hedge Lane the prisoner met me; I was going to give him the right hand, to let him pass by me. He went to go by my left side, put his hand up my coats, threw me down, and wanted to lie with me, but I resisted him. He said three or four times over that he would murder me. I beg'd very hard for my life. When he used his pleasure, as far as he thought proper, he rob'd me.

Q. Did he lie with you?

A. Royston. No. he did not. I had in the bundle the goods mention'd in the indictment ( repeating them all ) which he took, also half a guinea in gold, and 8 s. in silver, that was in my bundle. There were two parcels.

Q. Did he put you in fear?

A. Royston. Yes, in a good deal of fear.

Q. Had he any pistol or sword ?

A. Royston. No; I saw no such things.

Q. Was this in the road or fields?

A. Royston. It was upon the high road. He made towards his own home at Edmonton, and is a day labourer there.

Q. How long have you known him?

A. Royston. These four or five years. I went and told my neighbours of it the same night, at Keys's, but did not tell the man's name that rob'd me, fearing he should go off.

Q. Did he ask you to deliver the bundles to him?

A. Royston. No, he did not, but he took them away. I went to Edmonton on the next morning, being Saturday. I ask'd for his christian name, that I did not know. I found he was come to London. I went to Mr. Colebrook on Sunday evening for a warrant.

Q. Why did not you go before?

A. Royston. Because the prisoner was not come home; by that warrant he was taken on Monday morning, and brought before the justice. He declared he was innocent there.

Q. Did he own that he had seen you that night?

A. Royston. No. He said he was that night in Tottenham Street, at a public house.

William Weaver . I was coming from my daily labour at night. I live at Palmer's Green, in the parish of Edmonton. I know the prisoner at the bar very well, he lives at Tanner's end, Edmonton. It was moon-light. I heard a woman's voice, but did not know the words. I made up, and saw the prosecutrix stand stamping and crying. I ask'd her what was the matter. She said she was rob'd.

Q. When was this?

Weaver. On Friday night, the 18th of November. She told me what she was rob'd of, mentioning a gown, aprons, 10 s. 6 d. in gold, and 8 s. She did not tell me who rob'd her. She was going home to Southgate.

Q. Did she describe what sort of a man he was?

Weaver. She named no name. She described him.

Q. Look at the prisoner. Did she describe such a sort of a man as he is.

Weaver. She did. She said she was afraid to go home. I told her she had better go along with me, which she did, as far as the Fox at Palmer's Green. There we parted.

Q. Did she tell you the person that rob'd her had made an attempt to lie with her?

Weaver. Yes.

Q. Did you know her before?

Weaver. I did very well.

Thomas Stanley . I know the prosecutrix to be a very honest woman, she had been nursing my wife, and was going home at this time. I live in Silver Street, Edmonton. She went from my house about half an hour after five o'clock. My wife gave her two half guineas, and would have had her stay all night, but she said she was not afraid, she having gone that road so often.

Q. to prosecutrix. Did you ever get your things again?

Prosecutrix. No, I never did.

Stanley. I saw her the next morning about ten o'clock, I had heard before I saw her that she had been rob'd I said I was sorry for her loss. She said she knew the man as well as she did me, that he was about my height, with a flap'd hat on, his eyes a little sunk in his head, a black beard, a great coat, darkish hair or wig. I have known the prisoner about ten years. I never knew him to be deaf before. [The prisoner appear'd very deaf on his trial.]

Q. What is his general character?

Stanley. Within these two months it has not been so good as before.

John Newland . I am headborough of the parish. The prosecutrix came to me on the Saturday, and told me she had been rob'd of two bundles, and about 18 s. in money. I ask'd her if she had got a warrant, she said no. I said do you know the person that rob'd you. She said yes I do, but Mr. Colebrook is not at home. I gave her a great charge to be sure that she knew him. She said she was confident she knew him very well. On the Monday morning the warrant was brought to me, I went and serv'd it on the prisoner, and took him into custody at his own house. He said for what is this warrant. I told him a woman had swore a robbery against him. He asked where the woman was, I said she is behind. The woman came, and the moment she saw him she said that is the man that rob'd me. The prisoner said he was at the Bull at Tanner's End. I took him there to see if any of the people knew him; the people said he came in there about seven o'clock at night, and staid till ten.

Q. How far is that from the place where the woman was rob'd?

Newland. It is almost a mile distance. Then we took him to the justice, who examin'd the prisoner. The woman was sworn, and said the same as here. The prisoner said he was at Tottenham in the dusk of the evening, that is about three quarters of a mile from the Bull, on the other side. The justice order'd me to take him there, and inquire, and then bring him before him, or some other justice. I took him there, the people said he was there about five o'clock, and that they lighted the first candles to give him change by. After that I inquir'd about of all I could, to here where he was about six o'clock, but could get no account of that. After that I took him before justice Galiand, he living near. There the woman said the same as now. The justice committed the prisoner. He own'd nothing.

Prisoner's Defence.

The woman came to my house on the Monday, and searched my house. I never saw her before in my life.

Guilty , Death .

22. (M.) Mary Dannely , widow , was indicted for stealing two linen sheets, value 3 s. one blanket, value 1 s. and one callico coverlid, value 1 s. the goods of Lawrence Dunn , in a certain lodging-room, let by contract , &c. Dec. 1 . ++

Mary Dunn . I let a lodging room to the prisoner, with the goods mention'd in the indictment in it. My husband's name is Lawrence Dunn . I missed the goods about ten days ago. She was taken up.

James Forsoe . The prisoner pawn'd a blanket and a callico coverlid to me for two shillings (produced in court, and deposed to by the prosecutrix. )

Prosecutrix. The pawnbroker that has one sheet is not here. I went twice for him, and he would not come. His name is James Gilbert M'Murdy.

Q. Is he bound over to appear here?

Prosecutrix. He is.

Prisoner's Defence.

I paid her till at last I could get no money, and she lock'd me out, and I was oblig'd to be in the street.

Prosecutrix. She paid me the 18 d. per week for five months. There are now three weeks due, but I never lock'd her out. She always had the key in her possession.

James Gilbert M'Murdy was call'd upon his recognizance, but he did not appear.

Acquitted .

23. (L.) William Black was indicted for wilfull and corrupt perjury, in swearing there was 2 l. due to him from Stephen Lavour , with intent to vex and aggrieve him , &c.

No evidence appearing, he was acquitted .

24. (L.) Thomas Lyon was indicted for stealing one watch, with a metal box, and shagreen outside case, fudded, value 40 s. the property of Thomas Prescot . It was laid over-again to be the property of Charles Bowles , Esq ; Nov. 30 .*

Thomas Prescot. I took in the prisoner to be my servant .

Q. How old is he?

Prescot. He says he is between 12 and 13 years old. I had hung up my watch on a looking glass in the room where I lie. The boy had been with me about seven or eight days. I missed the boy and watch together, last Tuesday was a week. I was going to advertise it, but upon hearing Mr. Abrahams had stop'd a watch, I went to him, and found it to be mine. The boy was committed to Woodstreet Compter. I went to him, he cry'd, and acknowledg'd he had stole the watch from out of the room. I bought the watch for two guineas and a half, of a man that at that time kept a public house, but he is since broke. He said he had it in pawn for two guineas, and I might have it upon trial for a week. I went to his house, and took the watch who two watchmakers in Fleet-street afterwards, who said I gave the full value for it. I took the prisoner before my Lord-mayor, where he own'd before me and Mr. Bowles that he stole it from out of my house ( the watch produced in court.)

Charles Bowles . This is my watch ( taking it in his hand.) I was going down Ludgate Hill last February, on a Saturday night. The frost and snow lay in the gutters. A man came behind me, and cross'd his arms to mine. There were two women with him in cardinals who came up close to me, as if they would kiss me. The man said make room for the ladies; and some how or other they snatch'd this watch out of my pocket. I went to justice Fielding, and order'd it to be advertised. I heard nothing of it till Mr. Fielding sent for me, and told me to go to Mr. Abrahams, where it was to be seen.

Abraham Abrahams . The boy at the bar and another boy came to my house last Wednesday night; they offer'd me this watch to sell. I keep a watchmaker's shop in Dukes Place. The prisoner said it was his, that he found it in the road coming from Baldock. I suspected, on questioning him, it was stolen. I charg'd a constable with them both, and took them before my Lord-mayor. Then the prisoner said a man gave it to him to sell. My Lord committed them both for further examination to the two Compters. In the mean time I look'd over the papers, and found such a watch advertised, on the 7th of Feb. last, to be brought to justice Fielding. I went to the justice, and he told me it was the property of Mr. Bowles, While I was Mr. Prescot came and claim'd it. Then I fought to him Mr. Bowles My Lord-mayor committed the boy, and bound the two prosecutors over to prosecute.

Prisoner. I own I went into my master's room and took the watch.

Q. to Prescot. Where did you buy this watch?

Prescot. I bought it of a man that kept an alehouse in Old Street. I have been there since, but there have been two men who kept that house since.

Q. Was his name Swift ?

Prescot. That is the name.

Guilty .

The watch was ordered to be delivered to Mr. Bowles.

[Transportation. See summary.]

25. (M.) Mary Scott , spinster , was indicted for stealing three pewter plates, six pewter dishes, one copper stewpan, three pillowbiers, four aprons, and two flat irons , the goods of Philadelphia Curry , Oct. 10 . +

Philadelphia Curry. The prisoner lived with me. The goods mention'd in the indictment were missing, and I suspecting the prisoner took her up, and charged her with taking them. She own'd the fact, and likewise where she pawn'd them.

Thomas Markwate and Elizabeth Hudson , two pawnbrokers, confirmed the evidence of the prosecutrix, producing part of the goods, which were deposed to by the prosecutrix.

The prisoner in her defence said, that the prosecutrix sent her with them to pawn; but upon the prosecutrix being ask'd. she said she never sent her with them, neither did she receive any money for them.

Guilty .

[Transportation. See summary.]

26. ( M.) Thomas Rose was indicted for stealing one silver watch, value 30 s. the property of James Hurd , Nov. 7 . +

James Hurd . I left my watch in my bed chamber on Monday morning, the 7th of November, and missed it about an hour after. I took up the prisoner on suspicion, and before the justice he own'd he had taken and pawn'd it at one Mr. Coy's, where I went and found it.

Q. What are you?

Hurd. I am a hostler out of place; the prisoner and I lodged both in one house.

William Ward . I am apprentice to Mr. Coy, a pawnbroker, in Leather-Lane. The prisoner pawn'd this watch to me. (Producing one, and deposed to by the prosecutor.)

James Newhouse . I heard the prisoner own he had taken this watch, and pawned it in Leather-Lane.

Prisoner's Defence.

I have had the misfortune to lose my arm, and am destitute of friends; I never did such a thing before, and hope you will pardon me.

Guilty .

[Transportation. See summary.]

27. (M.) Mary Arnold , widow , was indicted for stealing one piece of linen cloth, value 3 s. the property of Jonathan Weetch , Nov. 21 . ++

Jonathan Weetch . I am a linen-draper , and live near Ratcliff-Cross . The prisoner came into my shop on the 21st of November, about eleven o'clock in the day we were then very busy. She look'd at some linen, but never ask'd the price of any; she staid about ten minutes, and then went out of the shop I having a suspicion of her, followed her about fifty yard and od upon her a piece of Irish linen, she had it in her hand, which she put behind her, under her long red cloak. ( Produced in court, and deposed to.) I took her before justice Berry, and he committed her.

John Powel. I am servant to the prosecutor; I did not see the prisoner in the shop, but I saw her as she was going out, and saw my master bring her back with the piece of cloth.

The headborough deposed the cloth was deliver'd into his custody, where it had been ever since.

Prisoner's Defence.

I did not bring any of my friends here, because I did not know when my trial would come on.

Guilty .

[Transportation. See summary.]

28. (M.) Sebisa Hewett , spinster , was indicted for stealing eighteen pounds weight of fat, value 3 s. the property of Mary Bates . widow , November 28 . ++

Mary Bates. The prisoner was my servant , and had been with me a fortnight and one day. I missed some fa of house. The prisoner had been gone When she came in I taxed her with it; she had been to carry some shavings out.

Q. What is your business?

M. Bates. My business is melting down sat, to sell to the tall chandlers. I went out among the tallow chandlers to see if I could find it, and found it at Mr. Hewett's tallow chandler, whose servant told me gave three halfpence a pound for it to a girl that had brought it there. I desired him to let his servant come to my house, to see if he knew the prisoner. He came and said that was she. The girl said she could swear against Mr. Huggins, for he encouraged her to take it, and own'd before the justice she had sold eighteen pound of it to him, at five different times, for three halfpence a pound.

Q. What is it worth a pound?

M. Bates. I sell it to the tallow chandlers for 3 d. a pound.

Esther Webb . I am servant to the prosecutrix and saw this fat at Mr. Huggins's; it was of a particular fat hog and beef fat together.

Guilty .

[Branding. See summary.]

29. (M.) Samuel Huggins was indicted for receiving the said fat, knowing it to have been stolen , Nov. 28 . ++

Mary Bates was sworn and deposed, That Sebisa Hewett was convicted for stealing this fat, and without her evidence she should not be able to convict the prisoner; upon which Hewett was order'd to be branded in the hand, which was done accordingly.

Sebisa Hewett. I took eighteen pounds of fat, my mistress's property, and went to sell it to a tallow-chandler, at the corner of Bull-Inn Court, but he would not buy it.

Q. For what reason would he not buy it?

S. Hewett. Because it stunk so. Then I went to Mr. Huggins's house, and he gave me three halfpence a pound for it, which was four pence halfpenny for three pounds; I carried some twice, and his boy bought and paid me for it; and another time the maid give me three pence for two pounds.

Q. Had you ever any discourse with Mr. Huggins abous fat?

S. Hewett. No, never.

Q. What was this fat made of?

S. Hewett. It was the trimmings of hogs and bullocks bladders, fat and skin together.

Cross Examination.

Q. What is your mistress's business?

S. Hewett. She sells bladders to apothecaries and oil shops, and the fat that comes off them she sells to tallow-chandlers.

Q. Does she make gold-beater's skin?

S. Hewett. No, she does not.

Q. Is this all her business?

S. Hewett. It is.

Q. Do you imagine Mr. Huggins apprehended you stole it?

S. Hewett. I only sold him some once; he did not ask me any questions.

Q. Is he a housekeeper?

S. Hewett. Yes, and lives in great credit.

Mary Bates . I missed my sat last Monday morning, so ask'd the girl when she came home what she had done with it. She was very angry with me. I put on my hat and cloak, and went and found it in the scale, in Mr. Huggins's shop. I asked his servant who he bought it of, and he described the prisoner at the bar. Then Mr. Huggins came into the shop. I asked him to let his servant go with me to my house, to see my servant. He said he should go with me. The boy went with me, and fix'd upon the prisoner as soon as he saw her, and said, to her face, you brought me four pounds in the morning, and four pounds just now. Then I went to Mr. Huggins's shop, and took Esther Webb (one that cleans my bladders for me) along with me. I said to him, how could you be so hard hearted to buy this sat? I think he said his shop was his market, but I will not be positive.

Q. What do you value the sat at?

M. Bates. At two pence halfpenny per pound.

Cross Examination.

Q. Did you find the sat in his publick shop?

M. Bates. Yes.

Q. What is your business?

M. Bates. I deal in bladders of bullocks and hogs.

Q. Do you deal largely?

M. Bates. I deal for 400 l. a year. I sell to apothecaries, tobacconists, oil-men, and the like; I don't keep them to eat and drink.

Q. Do you remember you said before justice St. Lawrance, that you did not believe he knew that fat was stolen?

M. Bates. I don't know.

Q. Will you swear you did not say so?

M. Bates. I will not swear that. I remember I beg'd of Mr. Huggins to make it up, and said I would be at half the charges.

Prisoner. This woman came to my shop and said her servant had rob'd her, and had brought some sat to my shop. I said I was very sorry for it, and would send my boy to her house, to see if he could find it out; but the woman was extremely insolent to me and used me very ill.

M. Bates. When I had the girl before the justice, he said what do you bring her here for. I said, I would forgive her, if Mr. Huggins would; but he would not, and insisted upon her being prosecuted. I could not help prosecuting her, upon his threatening her and me too.

Q. For what reason did you prosecute her?

M. Bates. Because he insisted upon it that I should prosecute her.

Q. to Hewett. Where did Mr. Huggins buy that three pounds of sat of you?

S. Hewett. In his own shop.

Q. Did he buy it publickly, or in a secret manner?

S. Hewett. No, he bought it publickly.

Q. Did he weigh it in the publick shop?

S. Hewett. He did.

Esther Webb . I clean the bladders for Mrs. Bates, and went with her to Mr. Huggins, where the fat was then in his scale. We desired him to let his servant go with us to see the prisoner. He said he should, and sent him with us; I knew the sat as soon as I saw it.

For the Prisoner.

Mr. Kempster. I am a tallow-chandler, and have bought many a hundred weight of this fat when I was apprentice: My master took all they made, and he never gave more than a penny a pound for it, when candles were as dear as they are now. I would not give a penny a pound for it. I have turn'd such out of my shop, and would not take it in at all, it is so nauseous and sinking.

There were many other witnesses of the trade to give him a character, but the court thinking it needless to examine them, he was honourably acquitted .

It was ordered to be so inserted as the opinion of the court and the jury.

John Thorp , one of the jury, before the trial came on, told the court Mr. Huggins was his acquaintance, and that he believed him to be as honest a man as any living; and desiring the court he might not be of the jury, that he might not be charged with partiality, George Carbold was sworn in his stead.

30. Mary Peck was indicted for stealing two bobbins of silk, value 5 s. the property of Joseph Chandler , Oct. 1 .

To which she pleaded guilty , and was branded immediately .

31. (M.) Elizabeth, wife of Henry Titchbourn , was indicted for receiving the said silk, well knowing it to have been stolen by Mary Peck , October 1 . +

The record of the conviction of Mary Peck was read in court, wherein was mention'd, that she confessed the fact, was order'd to be branded, and was branded accordingly.

Mary Peck . I stole these two bobbins of silk from Elizabeth Lewin , and sold them to the prisoner at the bar, who said it was very fine, and fit for her business, and ask'd me when I would come again. Last Saturday night she sent two men to me, who wanted to persuade me that Mr. Chandler offer'd to give me a guinea to b uy me a new gown, to swear I sold it to her.

Q. What is the prisoner?

M. Peck. She works upon an engine, and her husband weaves silk handkerchiefs.

Q. What did she give you for it?

M. Peck. She gave me a shilling a bobbin for it.

Q. What are the two bobbins of silk worth?

M. Peck. They are worth about a crown.

Q. Did she know, at the time she bought them, that they were stolen?

M. Peck. I told her they were not my own.

Q. Did you tell her whose they were?

M. Peck. No; but she guess'd it.

Joseph Chandler . I deliver'd a parcel of bobbins of silk to Elizabeth Lewin , and when she brought it home there was a considerable deal wanting; I told her if she had been rob'd, and would endeavour to find out the thief, I would endeavour to do her justice. She came after this and said she had received intelligence of the two bobbins. I went and got a warrant, and search'd the prisoner's house, where we found abundance of bobbins of divers gentlemens, some in one place, and some in another; amongst which were two of mine. ( Produced in court, with silk upon them.) These I deliver'd to Elizabeth Lewin . There were two looms, and variety of materials to carry on business in a clandestine way; they keep no open shop, but, we are informed, they have sold goods for ten years past.

Q. What are these two bobbins of silk worth?

Chandler. They are worth about six shillings.

Q. What is Mary Peck ?

Chandler. She is a doubler of silk.

Q. Is she in such a way of business, that she can be mistress of two bobbins of silk?

Chandler. No, not to come honestly by it.

Elizabeth Lewin . I am a doubler. I had thirty bobbins of silk of Mr. Chandler, to draw them into silver silk. I lost two bobbins of it. I had mark'd them, and they were found again at the prisoner's house. Mary Peck own'd in my hearing she took them out of my room.

John Chapman . I am a constable. I search'd the prisoner's house, and found several bobbins of other persons, among which were these two that the prosecutor has sworn to.

Q. to E. Lewin. Look at these two bobbins, do you know them?

E. Lewin. These are the two bobbins and silk upon them that were taken out of my room.

John Benington . When Mary Peck was in custody, she offer'd to go to the prisoner's house, and sell her another bobbin for a shilling, to convince us she did receive and buy stolen silk. We deliver'd a bobbin of silk of another person's to her. I went with her, and staid without. She went in and came out with a shilling in her hand, and had left the silk there, which I have great reason to believe the prisoner bought.

Prisoner's Defence.

I am not guilty of what is alledged to me. She never told me they were not her own, neither did I know the silk was stolen.

Guilty .

[Transportation. See summary.]

32. (M.) John Lawrence Murphy was indicted for stealing one silver spoon, value 14 s. the property of John Bird , Dec. 1 . ++

John Bird I am a hatter , and live in Popin's Alley, Fleet-street . The prisoner was recommended to me by a friend of mine to buy a hat. I left him up stairs for pretty near an hour, I know not the day, it is not a fortnight ago. After he was gone I missed a silver spoon, and could not suspect any body but him. I got a warrant of justice Fielding to search his lodgings. Then the prisoner own'd he had taken it, and open'd a drawer; he took it out, and gave it to the constable, and fell on his knees and ask'd pardon (produced in court and deposed to.)

Q. Has it any mark on it?

Bird. No, it has not.

Q. How do you know it to be yours?

Bird. Mine had no mark upon it, and the prisoner own'd it was my spoon.

Thomas Dawson . I am a constable and search'd the prisoner's room; he acknowledg'd this spoon to be Mr. Bird's property, and own'd the taking it out of his house.

Q. Why is this tried by the Middlesex jury, seeing the robbery was in London?

Dawson. The spoon was found in Middlesex, the prisoner's lodging was in Soho.

Prisoner's Defence.

I eat some beef steaks for my dinner at the prosecutor's house, and by mistake put the spoon in my pocket, and as soon as he ask'd me about it I gave it him.

Guilty .

[Transportation. See summary.]

33. (M.) Elizabeth Chariton , spinster , was indicted for stealing one silver watch, value 4 l. and four guineas, the property of George Vicot , privately from his person , Nov. 12 . +

George Vicot . I met the prisoner by Buckingham Gate, on a Saturday between five and six in the evening, about three weeks ago. I went with her to a tavern by the waterworks.

Q. Did you know her before ?

Vicot. I did. After I had paid the reckoning and paid her, I asked her if she was pleased, she said yes. Then we went from thence to a public house, and drank two tankards of beer, and after that to another public house.

Q. Was you not in liquor?

Vicot. I was at this second public house. She ask'd me what it was o'clock. I felt and found I had neither watch nor purse in my pockets.

Q. What money was in your purse?

Vicot. Six guineas in gold.

John Craven . I keep the Black Boy, in the Broad Way, Westminster. The prosecutor and prisoner came into my house, and call'd for a tankard of beer, and staid in the tap room an hour and a half; they were fuddled. The woman reach'd, and was sick. I bid them to pay their reckoning, and go about their business. Then she ask'd the man what it was o'clock. He went to pull out his watch, and said it was gone. Then she said he brought it into the house with him, and it should be found. She made many words about it, and insisted upon searching all the people. I then said I would search her first. I saw her put her right hand under her petticoat, and then was going to put something behind her. I laid hold of her hand, and took the watch out of it, and shew'd the prosecutor it. He said that was his watch (produced in court and deposed to by the prosecutor.) I gave it into the constable's hands, and charged him with the prosecutor and prisoner both.

Cross Examination.

Q. What time did they come into your house?

Craven. They came in about a quarter after ten o'clock.

Q. How long did they stay?

Craven. About two hours.

Q. Were either of them sober enough to know what they did?

Craven. I believe neither of them knew what they did.

Q. Were they in a publick or private room?

Craven. They were in the publick tap-room all the time.

Francis Norris . I am a constable. The prisoner and prosecutor were brought to me at the, watch-house, where I had the woman search'd, as the man said he had lost five or six guineas. We found five guineas in the foot of her stocking.

Q. Was it in a purse?

Norris. No, it was not; we found no purse.

Cross Examination.

Q. Was the prosecutor in liquor?

Norris. He was more than the woman, I thought the next morning.

Q. to prosecutor. Was you acquainted with the prisoner ?

Prosecutor. I only knew her as a Buckingham acquaintance.

Q. Did you give her this watch or money for any favour granted you?

Prosecutor. No, I did not; I had paid her before.

Q. Had you been often in her company before?

Prosecutor. About a dozen times; she always behaved honestly to me before.

Q. Are you sure you did not deposit the watch in her hand?

Prosecutor. No; I did not.

Q. Have you had your money again?

Prosecutor. I have.

Prisoner's Defence.

When I met the prosecutor at Buckingham-Gate, he told me he would bring me a piece of velvet to make me a pair of shoes; he had given me a piece before. He ask'd me to go and drink, and gave me his watch and money to take care of, he being very much in liquor. I knew him a year ago.

For the Prisoner.

John Brown. The prisoner and prosecutor were at the place where I am hostler, at a house near Buckingham-Gate, and staid till a little after ten o'clock; they had a pint of wine when they first came in: I sat just by them in the tap-room. She ask'd me to have a glass. I thank'd her, and drank with them. The gentleman paid for it. After that he said, '' My dear, will you have any more '' wine, or will you have a little punch?'' She said, '' I don't care for drinking any more.'' Then he said to my mistress, '' Make half a crown '' bowl, but I have not got silver enough to pay for '' it.'' He took out his purse, and changed a guinea. When my mistress brought him the change she said to me, seeing he was in liquor, '' Take notice that I give him his change.'' The prisoner said to him, '' You are almost fuddled, '' let's see that the money be right.'' He said, '' You may take it, but, I think, I can tell it a '' well as you.'' She said, '' What, do you mistrust '' me my dear?'' No, said he. She took and counted the money, saying, '' It is all right,'' and gave it to him. Then he gave her a green purse, and she put it in her bosom.

Q. Was this after or before she gave him the change?

Brown. This was after she had given him the change.

Q. What was in the purse?

Brown. There was gold in it, I believe. She wanted to know what o'clock it was, so he pull'd out his watch and look'd, but could not tell. Then he said to to her, '' You may as well take it, you '' can take care of it for me,'' and she put it into her right hand pocket.

Q. What time was this?

Brown. This was about nine at night; they went away a little after ten.

Q. Did he give it her to take care of for him, or to keep?

Brown. I understood they were man and wife, and thought he gave it her to take care of as his wife.

Q. Was any body else by at the time?

Brown. Roger Clift , a soldier, was, and two or three more people.

Q. Did he put the silver in the purse where the gold was?

Brown. No, he did not; he put the silver in his pocket.

Q. Did he give her the watch and purse together?

Brown. No, he did not.

Q. When did he take the purse out of his pocket first of all?

Brown. He took it out to take out a guinea to change.

Q. How long was it from the time he took his purse out to the time the landlady brought him his change?

Brown. But a very little time.

Q. Did he give her the purse before the landlady brought him the change?

Brown. To the best of my remembrance it was after, but I can't justly say whether it was before or after.

Q. What was said at the time he gave it her?

Brown. There was a dispute.

Q. What about?

Brown. The woman at the bar said, let me see that the money is good. He said, he could tell it as well as she. Do you mistrust me said she? - No, my dear.

Roger Clift . I came to my quarters at the White-Horse at Buckingham Gate, about eight o'clock, on that Saturday night the prisoner and prosecutor were there, drinking a bottle of wine. He ask'd her if she would have any more liquor. She said, just as you please. Then they call'd for half a crown bowl of punch. He said he must change, and pull'd out a green purse from his right hand pocket, took a guinea out, and gave it to the landlady, and she gave him change. The landlady made words because they were both in liquor. The prisoner said, since you scruple, and fear we should not pay you for it, let me see if your money is good; it was put into the man's hand. Let me tell it says the prisoner, which she did, and gave it him again. He said, is it all right my dear? Yes, it is, said she. Then she said, my dear, let me keep the money for you, there is no odds, we have known one another these seven years. He was a long while in putting it into his pocket. Then he took it out, gave it her, and put the change into his pocket. Then he pull'd out his watch, to know what o'clock it was; but, being so much in liquor, he could not see. The prisoner took it, and said, it was betwixt nine and ten, and gave it him again; he was a long time trying to put it into his pocket. She said, my dear, let me have it. He gave it her, and said, here, my dear, you may have any thing in the world that I have got, and she took it; they then drank up the punch.

Q. Was the landlady by all the time they were there?

Clift. She was about the house, amongst her customers; she was only out of the room about five minutes, for the change.

Q. What became of the purse?

Clift. The gentleman was fumbling to put it into his pocket, so she said, let me have it, there is no odds between you and I; and he gave it her.

Q. Was this before the landlady came with the change?

Clift. The landlady brought the change just afterwards.

Q. How came you to come here to give evidence on this affair?

Clift. I was sent to this day about it.

Q. How came it you did not go before the justice about it ?

Clift. I did not know where she was confined; we heard the next day she was taken up about it.

Q. Who did you first tell this story to?

Clift. To my landlady the same night, and the next morning.

Q. How came you to tell her before you heard she was charged with the fact ?

Clift. I only told what past betwixt the gentleman and the prisoner.

Q. to Brown. When did you first of all speak of this to any body?

Brown. I told it to the man that serves the house with milk, when he was in the house.

Q. Did you hear she was taken up when you told him?

Brown. No; I had not heard it then.

Q. How came you to speak of it?

Brown. My head ached the next morning, and I was saying I had two or three glasses of punch over night with a man and his wife.

Q. How much punch did they call for?

Brown. They had two half crown bowls, and some wine.

Q. When did you hear of your coming to give evidence here?

Brown. I never heard any thing of it till today.

Q. What reason had you to think they were man and wife?

Brown. Because he call'd her my dear, and she him.

Q Upon your oath, did you never see the prisoner at your house, before that day, with other men?

Brown. No, never.

Q. Nor never walking the street, or Park, near your house?

Brown. No.

Q. Did you hear her say, '' Let me have it; '' we have known one another these seven years?''

Brown. Yes.

Q. Is that talking like man and wife?

Brown. She was very well dressed, and so was he.

To her Character.

Samuel Collins . I keep a publick-house in Tothill-Fields, call'd the Two-Brewers, and have known the prisoner seven years; I never knew any ill of her.

Q. What is she?

Collins. Her husband is a glover, and she works in that way.

Q. Upon your oath, don't you believe her to be a woman of the town?

Collins. I never heard she was.

Lawrence Smith . I live in Petty-France, and keep a chandler's shop. I have known her six years. Her husband is a glover, and I have seen her go backwards and forwards with his work.

Q. Does she live with her husband?

Smith. She does, just by me.

Q. What is her general character ?

Smith. I never heard any thing of her, but that she is a very honest woman. She has used my shop these six years. I have trusted her, and found her honest.

Robert Swinley . I keep a publick-house, in Grig-Street, Petty-France, and have known the prisoner these seven years. Her husband is a glover.

Q. Do they live together?

Swinley. They do. She has made use of my house, and paid me for what she has had. I have seen her carry work home for her husband, to his master.

Q. Is her husband a soldier?

Swinley. No, he is not.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

34, 35. (L.) Elizabeth Campbell , and Elizabeth Creed , spinsters , were indicted for stealing one silver spoon, value 3 s. and one silver salt, value 3 s. the property of AEneas M'Miller , December 5 .*

AEneas M'Miller. Last Monday, in the afternoon, Elizabeth Campbell came to my house, and ask'd for my maid servant, saying, she wanted to speak with my wife. My maid told her my wife was not at home. Then she went away, and presently after she came again, and asked the maid to give her some bread and meat.

Q. Do you speak this of your own knowledge?

M'Miller. I came home before she went out of the house. When I came in she ask'd me how I did, and went away. As soon as my wife came I told her who had been there, and said I did not like her by the company she keeps. I desired her to see that she had not taken any thing away. She looked, and soon missed a silver spoon and silver salt; they were afterwards stop'd by the constable.

Campbell. This woman Creed is intirely innocent. I put the spoon into her hand to go and pawn for me.

William Humphrys . On Monday last the prisoner Creed brought the silver spoon to me. I asked her how she came by it, and she said it cost her 14 s. I asked her how it was marked, when she hesitated very much, and said a milkwoman sent her with it to pledge. I stop'd it, and bid her go and fetch the milkwoman. The milkwoman came, and said she sent her with it. I asking her what it was marked with, she said she would go and fetch her husband, who could tell. She went away, and never returned.

Q. Who is this milkwoman?

Humphrys. She lives in St. Giles's, she was not detained.

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

Mary Lee . This silver salt [ holding one in her hand] was brought to me by Elizabeth Creed . I asked her how she came by it, and she said it was her sister's. I went to see if it was advertised in any of the Bills of warning, when Campbell came in, and said it was the property of the prosecutor, and that his wife had given it her to pledge; and Creed said she was with Campbell when the prosecutor's wife gave it her to pledge.

Q to Prosecutor. Look at this salt.

Prosecutor. This is my property

Campbell. I brought this other prisoner very innocently into it.

Creed's Defence.

This pawnbroker has known me ten years, ask him my character.

W. Humphrys. I have known her ten years, but never had any dealings with her; I never heard any thing amiss of her before this.

Campbell Guilty .

Creed Acquitted .

[Transportation. See summary.]

36. (L.) Samuel Webb was indicted for stealing three glass decanters value 3 s. the property of Thomas Anson , Dec. 1 .*

John Hopton. I have the management of the business for Mr. Anson, at the glass house in White-Friars . We missed three glass decanters on the morning of the second of December. and the prisoner being suspected we took him up, when he confessed he committed the fact at 11 o'clock overnight; he said he broke three of the bars where was a hole, that he put in his arm and took them out, and that he was drunk at the time; but then he was sober, and knew what he said.

Q. Where did he make this confession?

Hopton. This was at an alehouse, near the glass house. He was asked what he had done with them. He said, he was affrighted afterwards, and he had broke them, and threw them down a bog-house. I set some people to searching that bog-house, which they did, and brought me the bottoms of four decanters.

Q. Where were these decanters taken from ?

Hopton. From out of a warehouse belonging to the glass-house.

Q. Did the prisoner work in that glass-house ?

Hopton. No; he was an apprentice to a person that did keep that glass-house, but he has been a very bad boy, and would not attend to business.

Richard Alexander . I am a constable, and was call'd upon by Mr. Hopton to take the prisoner into custody, which I did, and carried him to an alehouse, where I asked him how it was. He said, I will tell you the truth, if I am hang'd for it; I did break the iron bars, and put my hand into the window, and took out three decanters, after I had watch'd the people from work. He said he was drunk when he did it, but was sober when he told it to me, and knew what he said.

Guilty .

[Transportation. See summary.]

37. (M.) Samuel Franklin was indicted for stealing two cloth coats, value 40 s. two pair of leather boots, value 10 s. and one pair of stockings , the goods of Henry Lisle , Esq ; Nov. 1 +

Thomas Williamson . I am coachman to Henry Lisle , Esq. On the first of November I lost two cloth coats from out of my master's stable in White-Horse-Yard, King-Street, Westminster ; and the prisoner having been seen to go into the yard, I charged him with taking them.

Q. Describe the coats.

Williamson. They were blue lined with yellow; the great coat had plain yellow buttons, the other had yellow buttons with crosses on them like a harrow.

Richard Perfect . I am servant to Mr. Lisle, and lost a pair of stockings at the same time from out of the stable; they were found afterwards at the prisoner's lodging.

Williamson. I searched the prisoner's lodging where he was quarter'd (he is a soldier) and found the stockings; they are very remarkable ones, being black mended with purple worstead.

Robert Wyn . I keep a publick house in Buckingham Court, Charing-Cross. The prisoner came to our house on a Tuesday night, the beginning of November, about 7 or 8 o'clock, with a coat on his back which I know to be Mr. Lisle's livery; he asked me to pull it off (it was over his regimentals) and put it by for him till he called for it, which I did; he called for it next morning, bringing another man with him, who bought it of him for 7 s. and 6 d. and changed a 9 shilling piece with me to pay for it.

Q. What sort of a man was it?

Wyn. I took the man to be a Jew, he was an old cloaths man.

Q. Why did you not detect him, as you knew the coat?

Wyn. I did not suspect it then to be Mr. Lisle's livery, but knowing his livery well I afterwards thought of it, it was a blue coat lined with yellow and brass buttons.

Q. What is the prisoner?

Wyn. He belongs to the guards.

Elizabeth Lamb . On the first of November at night I followed the prisoner down King-Street, he was very much in liquor. I sat down on the next steps to the White-Horse-Inn, and he went down the yard, where the stables are, but there is no thorough fare. I was there above twenty minutes, and did not see him come back.

Q. Was you waiting for him?

E. Lamb. No.

Q. to Williamson. Is that a thorough-fare?

Williamson. It is not.

Q. to E. Lamb. What time of the night was this?

E. Lamb. The clock struck nine before I left the place.

Q. to Williamson. Was the stable door lock'd at that time?

Williamson. It is very seldom or ever lock'd, the yard is a close yard, and he must get in before the gates were shut; the gates were found open the next morning.

Prisoner's Defence.

An old cloaths man brought a coat to me, the button holes were not lined with yellow; I bought it of him for 5 s. We had a man deserted, and I bought it to put on, that he might not know me when I went to take him; I was out several days after him, but could not find him.

Guilty .

[Transportation. See summary.]

38. (M.) Margaret, wife of Daniel Rose , was indicted for stealing three linen shirts, value 20 s. one shirt, value 4 s. four linen aprons, one cambrick handkerchief, one muslin handkerchief, three cambrick caps, one pair of stockings, and one tablecloth , the goods of Joshua Goodwin , Nov. 5 +

Ann Goodwin . I am wife to Joshua Goodwin ; we live in Drury-Lane . On the 5th of November at night I was gone up stairs, when the prisoner was coming up the lane; I watched to see which way she went, and saw her turn in at our entry; I went down, and saw her with the key of my door in her hand, and her apron full of my cloaths. I spoke to her, but she made me no answer. I then went into my room, and missed the things mentioned in the indictment ( naming them.) Then I followed her to her lodgings. I then called her husband down stairs, and said, Go and follow your wife, for she has rob'd me of all my cloaths. He said, God forbid, but did not go after her. I went round among the pawnbrokers, but could not meet with the things. I took her up, and she was brought before the justice; she was very drunk. I pull'd this cap out of her bosom (producing one) it is my property.

Q. What do you know it by?

A. Goodwin. By my own work and cutting out. This is one of the three I lost.

Q. Did she confess any thing?

A. Goodwin. No, she did not.

Henry Adams . The prisoner's husband works in the same shop where I do; we are looking-glass polishers. The prosecutrix called him down, and said, your wife has robbed me; he said no, she has not. She staid about five minutes, and insisted on his going to look for his wife; he would not go, but said he was certain she had not got her things.

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

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON, And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 7th, Thursday the 8th, Friday the 9th, and Saturday the 10th of DECEMBER,

In the Thirty-first Year of His MAJESTY'S Reign. NUMBER I PART II. for the Year 1758. Being the First SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE Sir CHARLES ASGILL , Knt. LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by M. COOPER, at the Globe, in Paternoster-Row, 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.

Prisoner's Defence.

I AM not guilty of the fact. I know no more of it than the child within me, and I have not three days to go as I know of.

Prosecutrix. She has no more a child within her than I have.

For the Prisoner.

Michael Brumley . I am a gold beater, and have known the prisoner about a week before she was committed. I have known the prosecutrix about as long. Last Saturday was a month the old gentlewoman came into my room, went down stairs, and cried out death alive.

Q. What did she mean by that?

Brumley. She is an Irishwoman, and talks pretty much so. She swore she was job'd. Then she came up-stairs, and seemed to suspect a taylor's wife that lodged in the garret. Then she came down again, and said, it must be this Rose, saying, she knew her to be a villain. Then I said, go and look after her, for I don't like you to be here. Then she went and look'd for the prisoner, returned, and said she was absconded from her lodgings; but she had not been come back above ten minutes before Rose came to her. The old woman said she would go and advertise the things, saying nothing to her about her taken them away. She soon returned, and challenged Rose with them. Then Rose went to justice Welch, and took out a warrant against her, for scandalizing her. When she was gone the old woman said to my wife and I, What a bullocking did I make to affrighten that devil, to see if she was the woman or not. Presently a constable came and took this old woman up. If the court pleases to enquire into the two womens characters, I believe the prisoner's is the best; but they are both, as it were, strangers to me: From the character I have had of the prosecutrix, she is a very bad woman.

Prosecutrix. They have kept this man all day, and fed him with beer, in order to swear against me.

Brumley. I came freely and voluntarily to speak the truth.

Acquitted .

39. (M.) William Doley was indicted for stealing ten pounds weight of sugar, value 3 s. the property of John Woodward , Nov. 7 . ++

John Featherstone . On the 7th of November, or thereabouts, in the evening, after leaving work, I found ten pounds weight of sugar, or upwards, on the prisoner at the bar.

Q. What are you?

Featherstone. I am mate of the ship called Harrison. The prisoner was one of the labourers , call'd lumpers, that deliver the ship's cargo, which was loaded, chiefly, with sugar.

Q. Where had he this sugar ?

Featherstone. I found it in a bag under the prisoner's coat, tied over his shoulder, with a string. He own'd he took it out of the ship. ( Produced in court.)

John Woodward . I am captain of the ship Harrison. I heard the prisoner own he took the sugar, and was carrying it off, but my mate stop'd him with it upon him. I am accountable for what is taken away.

Acquitted .

40. (M.) Martha Tilman , spinster , was indicted for stealing one pair of stays, value 5 s. and one linen apron, value 12 d. the property of Elizabeth Honour , spinster , November 17 . ++

Elizabeth Honour . The prisoner and I lodged together. On the 17th of last month she went out of the room, and fasten'd me in. She took away with her my stays, and an apron from off the bed. I found them again at a pawnbroker's, named Brown.

Q. How came you to go there?

E. Honour. Justice Welch ordered me to go to all the pawnbrokers, and enquire for such things. I took her up, and she confessed she stole them.

Q. What were her words?

E. Honour. She said she did not know how she came to do it, and that the devil was in her.

Prisoner. She lent me the stays and apron to go to market with.

Q. to prosecutrix. Upon your oath, did you lend her these things?

Prosecutrix. I did not. I am a poor girl come up from Scarborough, in order to get a service.

Q. Did not you give her authority to wear them?

Prosecutrix. No, I did not.

George Brown . I am a pawnbroker. I took in there stays of the prisoner at the bar, the same evening the prosecutrix came and ask'd me if I had taken such in, and I produced them. ( Produced in court; and deposed to by the prosecutrix.)

John Melvin . (Produced an apron.) This I took in of the prisoner at the bar.

Prosecutrix. This is my apron.

Prisoner's Defence.

The prosecutrix lent them to me to go to market with. She came home about six that morning; she gets her bread by street walking, so do I; there are two beds in the room, and other people lie in the other bed, and did so that night.

Q. to prosecutrix. How many beds are there in the room you lay in?

Prosecutrix. There are two, but nobody lay in that other bed that night.

Prisoner. There were a woman and two children lay in that other bed, but they were beggars.

Guilty .

41. (M.) Sarah Lawrence , spinster , was indicted for stealing one linen sheet, value 1 s. 6 d. and one bed quilt, value 1 s. d. the property of John Shires , and certain lodging room, by contract , &c. November 1 . +

Elizabeth Shires . My husband's name is John and we live in Diet-Street . I let a ready furnish'd lodging to the prisoner at the bar, out of which I missed a sheet and bed quilt. I took her before justice Welch, where she confessed, in my hearing, that she had pawn'd them; the constable went with her, and found them at the place the mentioned.

Thomas Creswell . I am a constable, and took the woman at the bar into custody, who was charged with taking a sheet and quilt one of her lodging. She said she would go along with me to the place where they were pawn'd; so I went with her to Mr. Brown's, a pawnbroker, on Snow-Hill, where she called for them, and he delivered them to me. I brought the things to produce here, and have. been waiting all, this day, at the Bishop's-Head, since eleven o'clock, for the trial being call'd on, and while I came over here, to see when the other trial would be ended, they were stole away from the alehouse, and a good silk handkerchief of mine, that they were in. The prosecutrix swore them to be her property before the justice, and the pawnbroker said the prisoner was the person that brought them to him, but he is not here.

Prisoner's Defence.

I always got my bread very honestly; I am very big with child, and in great distress.

Guilty, 10 d.

[Whipping. See summary.]

42. (M.) William Williams was indicted for stealing one pound weight of mixed metal, value 6 d. the property of George Thornbourough and Joseph Tiston , Nov. 16 . +

Joseph Tiston . On the 16th of November last the prisoner came to our shop for some goods, which he was sent for; I being told he had taken a pound weight away with him, call'd him back and search'd him, but found nothing upon him, and he denied it. At last he drop'd it on the floor. We had lost weights several times, and we had mark'd them lately, so as to know them. (Produced in court, and deposed to.)

Prisoner's Defence.

I had a ream of paper under my arm and some bottles when I went into the shop; I was afraid of breaking them: I laid my ream of paper on the counter, and when I went to take it up, a weight stuck to it; how it came there I dont know.

Guilty .

[Whipping. See summary.]

43, 44, 45, 46. James Wright , John Ambury , Samuel Finder , and Francis Bellamy , were indicted for feloniously making and counterfeiting, and causing or procuring to be falsly made and counterfeited, a certain promisory note, with the name Edward Journegan thereunto, for the payment of 65 l. and for uttering the same, well knowing it to have been forged, with an intent to defraud the said Edward .

No evidence appearing, they were acquitted .

47, 48. (M.) Joseph Wood , otherwise James Collins , carpenter , and Jemima Wilcox , single woman , were indicted for that they feloniously and traitorously, with certain files and other instruments, one piece of good and lawful money, of the current coin of this kingdom, call'd a guinea, did unlawfully file and diminish, against the statute in that case made and provided , Oct. 1 .*

Council for the crown. In order to shew the trade and partnership that the prisoners have been engaged in, we shall first shew to the court and gentlemen of the jury, that Mrs. Wilcox went on the 1st of October, to Mr. Honeywood's, a banker, and paid in 100 l. for which she took up bank notes, and afterwards, it will appear, how they were changed at the Bank.

James Blackburn . I am cashier at Mr. Honeywood's. Mrs. Wilcox, the prisoner at the bar, came to our office on the 1st of October, and paid in 100 l. and had five 20 l. bank notes. I have here the numbers and dates, but not the years.

He read,

20 l. No. 152 6th of June.

H 20 l. No. 78 7th of Sept.

20 l. No. 807 30th of Sept.

C 20 l. No. 101 9th of August.

B 20 l. No. 207 26th of Sept.

Q. Did she come frequently to your office?

Blackburn. She did, and sometimes took notes of the house; but more generally she took bank notes for money which she paid in.

Q. What money did she bring in common ?

Blackburn. It was generally best part of it gold. Sometimes in 100 l. there might be 10 l. or 11 l. in silver.

Q. Is it common in the course of your dealings, to give bank notes in that way?

Blackburn. Sometimes people desire bank notes, and sometimes our own notes; but to people we do not know, we do not, because it is troublesome; but any people that brought so much silver, might have bank notes.

Cross Examination.

Q. Are bankers as careful, at looking at their money, as the bank of England are?

Blackburn. We are not quite so, because they will not take them at such a weight; but we could not possibly weigh or object to every piece, but if we see any piece remarkably light we object to it.

Q. What do you call remarkably?

Blackburn. A 36 s. piece to want 2 s. or 2 s. 6 d. or a guinea to want more than 18 d.

Q. Supposing a guinea should want 18 d. would you take it?

Blackburn. We should take it of a customer, but of a stranger we should not.

Q. Are the bank more careful than you?

Blackburn. The bank, I apprehend, in taking large sums of money, are more careful; they take more at a time.

Q. What money was that she paid you on the 1st of October?

Blackburn. There were 81 l. in ports, 11 l. in silver, and the other 7 l. in guineas, or thereabouts.

Robert Bell . I am a teller at the bank: I know both the prisoners at the bar. I remember the prisoner Wilcox coming there frequently, but I have paid her but once to my knowledge, which was on the first of October last; on that day between the hours of nine and twelve she presented two bank notes for 20 l. each. I gave her 38 guineas and two shillings, which she received. Not two minutes after came in Mr. Wood with three 20 l. bank notes. He ask'd for ports. I gave him 33 36 s. pieces, half a guinea, and 18 d. which was 60 l. He objected to none, but went away immediately.

Q. Did you take the numbers of the notes?

Bell. No, I did not. We only take the name it is payable to, and the person's name that receives. The numbers are taken in another place.

Sheefe. I belong to the bank of England.

Q. What is your employ there?

Sheefe. When bank notes are paid, they are put in my custody ( He produced some notes.)

Court. Read the numbers and dates.

Sheefe. No. 152. June 6.

James Blackburn . That is right.

Sheefe. H No. 78. September 7.

Blackburn. That is right.

Sheefe. No. 807. September 30.

Blackburn. That is right.

Sheefe. C No. 101. August 9.

Blackburn. That is right.

Sheefe. B. No. 207. September 26.

Blackburn. These are the numbers and dates I deliver'd to the prisoner Wilcox, two of them had no letters to them. It is possible there may be some notes of the same numbers some years before.

Edward Lambley sworn.

Council. This evidence was a money taker in Smithfield, who, while Wood liv'd at Birmingham, used to transact business in town, and was a fit person to indorse bills of exchange for him.

Q. Do you know the prisoner Wood's hand writing?

Lambley. I do.

Q. Do you know Wilcox's hand writing?

Lambley. I do. I have seen them both write.

Q. Look upon these five notes, see whose names are to them, and by whom wrote.

Lambley. The two first have Wood's name to them, his own hand writing. Here is Jemima Wilcox on the two next. I believe it is her hand-writing. Here is Wood's name on the next, I believe it to be his hand-writing.

Q. Is it always usual to write the name on the face of the note?

Lambley. It is.

Each of them read in court.

No. C. 101 mark'd Wood.

No. 801. mark'd Wood.

No. 152. mark'd Jemima Wilcox .

No. H. 78. Jemima Wilcox .

No. B. 207. mark'd Wood.

Matthew Fretwell . I am a teller at the Bank. I know the two prisoners at the bar. I have seen them come to the Bank for money several times. I have, with concern, for many years, observ'd the increase of diminish'd guineas to grow upon us, which made me take particular notice of persons that came. I observed one Bell, who is absconded, and after that Mrs. Wilcox, she came often; at first her appearance was not so genteel as afterwards. She ask'd for ports, which lead my curiosity to inquire farther about her; soon after she came to me. I took the opportunity to ask her where she liv'd, she said by London Wall. I ask'd her who she received the money for, she said for a brother of hers, who negotiated bills of exchange in the country, and was then ill. Upon that I took no farther notice, till one of my brother officers happened to make a mistake with her, and paid her a hundred pounds instead of ninety. She was particularly taken notice of by every one of our sellers. In consequence of this mistake he apply'd to me to direct him where she liv'd. We found she had lodg'd at that place, but was remov'd. I acquainted Mr. Chamberlayne the solicitor of the Mint of it, who desired me to make a discovery of it if possible. It happened that the porter of the Mint was with me the morning Mrs. Wilcox came to receive the money for two of these notes. I said to him, Mr. Kemp, here is Mrs. Wilcox, I wish you would dodge her, to see where she lives, and accordingly he did. He came again and told me where he had seen her go in. On the Sunday after he and I went to remark the place, and saw her and Wood both looking out at a window together, at the house she went to. Then we went to inquire what their characters were, in which we were cautious and tender, fearing our business should be suspected.

Q. Where was this house you saw them at?

Fretwell. It was in Charles Square, Hoxton. Then we went and informed Mr. Chamberlayne of it. He order'd us to go to justice Fielding, where we had warrants. We went to Hoxton the next morning, with one of Mr. Fielding's officers with us. We went in, and up stairs, I imagin'd there might be other conveniences of manufacturing their work, so ask'd the maid servant if there were any other places that belong'd to them; she said there was a garden at the end of Haberdashers alms houses, where they used to go to, in which were some secret places, which the carpenter told her no body could find out but himself. I was desirous to go directly to rummage this garden, as soon as I had done up stairs.

Cross Examination.

Q. What was the reason of your asking where she liv'd.

Fretwell. On the account of her asking for ports.

Mr. Kemp. I am porter to the Mint. I was at the Bank on the first of October, betwixt eight and ten in the morning. Mr. Fretwell was endeavouring to trace some of the notes back, and desired me to stay. After that he came to me, and told me Mrs. Wilcox was just come, and desired me to follow and dodge her, and observe and find out the house where the liv'd. I followed her out. She went under the piazzas, where stood Mr. Wood; she convey'd something to him, I supposed it to be the money she had taken. They talked together some time, and then they both went to Leaden-Hall market. They went round the market a good many times, at last they went to a poulterer's shop and cheapen'd a turkey, they bought it for a crown, and changed a 36 s. piece to pay for it, and order'd it to be sent. I could not hear where. I ask'd a friend I saw there if he knew that poulterer, who said yes; I said, if you'll inquire of him where that turkey goes to, you will oblige me. He said he would, and he would leave a line with his mother, where I might call and receive the paper. The two prisoners went round the market two or three times more, and at the upper end of the market they talked a quarter of an hour. Then he went towards the Exchange. I thought the woman was my mark, so I followed her down Bishopsgate street; she said about a quarter of an hour in a tobacconist's shop, and look'd suspiciously about her, from thence she went to another shop, and cross'd the way; from thence to Shoreditch Church, and led me round to Charles Square, Hoxton. She knock'd at the door as if she was mistress of the house, and was let in. I took notice of the house. When I came back to Leaden Hall Market, that person had left a direction with his mother, that the turkey was gone to Mr. Wood's, in Charles Square, Hoxton. The next day, being Sunday, I and Mr Fretwel well went to inquire after them, and at that same house we saw the two prisoners. Wood was in his night gown, and she was behind him looking out at the window. Then we came back and inform'd Mr. Chamberlayne of it. That evening Mr. Fretwell and I had some intelligence of their using the Star in Aldersgate Street. We went there, and got in company with White. After that we went to justice Fielding, on the 6th of October, that remarkable dark Thursday, and then we went with Mr. Chamberlayne, and some proper assistance, to the house, and up stairs. We ask'd the maid where Mr. Wood lay, she said on the right hand side; we went and knock'd at the door, no body would answer; the door was immediately broke open, bat there was no body there. Then we went to the door on the left hand and knock'd there, Mrs Wilcox said no body was there; we said we wanted Mr. Wood, and burst open the door; one of Mr. Fielding's men went down into the yard, and saw Mr. Wood thro' a back window in his shirt; we in the room rummaged their pockets, and took some gold out of each of their pockets; I think we returned Wilcox all hers again. We took five guineas and a half from her, and five guineas from Wood, out of which we returned him two.

Q. Why did you give her her money again ?

Kemp. Mr. Fretwell look'd over it, and supposed it to be good, so deliver'd it her again; we kept two guineas and two half guineas of Mr. Wood's, which we supposed to be light.

Q. Did you keep their money separately ?

Kemp. No, I am uncertain who the light money was taken from, for we put it all together. (Two guineas and two half guineas produced in court.)

Q. Were these weigh'd ?

Kemp. They were. Here is one, a queen Ann's guinea, wants ten grains, one of George the first, ten grains, that is 1 s. and 8 d. each. The two half guineas want eleven grains each, that is 1 s. and 9 d. each.

Q. Do they appear to have been fresh diminished?

Kemp. Mr. Fretwell is the best judge of that, he said they did appear so to him.

Q. to Fretwell. What is your opinion?

Fretwell. I thought then they were lately done, (be takes them in his hand ) and I think so now.

Q. Give your reason for your belief?

Fretwell. They seem to have a shining upon them, as if they had not been negotiated; they have a wax, with which they rub them over to dull the shining. These seem to have been fresh and recently done.

Council for prisoners. By recently do you understand they have never been in any other hands at all, will not that freshness remain upon them after having past thro' two or three hands?

Fretwell. I can't say really. (The jury look at them. )

Council for prisoners. Do you speak of some or all?

Fretwell. I speak of them all.

Q. to Kemp. Where did you take this money from?

Kemp. From out of the room on the right hand. After that we open'd the chest of drawers, and found two pair of shears, and a three corner'd file, ( produced in court with gold on the file.)

Q. Was that drawer lock'd?

Kemp. It was.

Q. Where had you the key ?

Kemp. I had it of Mrs. Wilcox, I ask'd her for it.

Q. Are these instruments fit for the purpose of diminishing?

Kemp. They are. We proceeded then to the next room, that is, the left hand chamber, supposed to be Wilcox's room.

Q. Where did you find Wood?

Kemp. They were both in the left hand room when the door was broke open; in the other room were found promiscously lying in a drawer, which was lock'd, in a sort of a chest of drawers, two three corner'd files, a pair of scales, some clippings of gold, and filings of gold, some shears and money, some weight and some light. Here is a quarter of a moidore ( producing one ) it is 1 s. 9 d. too light, it seems to have been fresh taken off.

Q. to Fretwell. Look at this money.

Fretwell. I saw them before, I remember this 6 s. 9 d. two half guineas and two guineas (he looks at them.) Here is the same freshness on them all, and here is some of the black wax upon the edge of one.

Q. to Kemp. Did you find any wax ?

Kemp. We found a piece of wax, and marks of gold on one part of it. ( Produced in court, and examin'd by the court and the jury with the money.)

Q. to Kemp. Did you weigh the gold?

Kemp. I did, and put it down; he reads, here is a guinea, George the first, wants 13 grains, that is 2 s. 2 d. a George the second wants 7 grains, a George second wants 8 grains, a ditto 8 grains, a ditto 9 grains, a Charles the second 6 grains, a William 4 grains, two half guineas want 14 d. each, a quarter of a moidore wants 14 d. in all eight guineas, two half guineas, and a quarter of a moidore. Here are some gold filings, and some clippings (producing them in the papers) the clipings are supposed to be the clippings of guineas and half guineas.

Q. to Fretwell. What do you suppose these clippings to be taken from?

Fretwell. Mr. Kemp and I separated the clipings from the filings, and after that sorted the clippings, because some of the clippings I was sure were from ports, and of the others we were doubtful; some of them I thought by their having a flope upon them might be from guineas. Here is one clipping (taking it between his thumb and finger) that has a diagonal slope upon it, which I apprehend may be from a guinea.

Council. Then you are certain some are from ports, and doubtful as to others.

Fretwell. Yes. (The jury look at them. )

Q. Look at the other paper.

Fretwell. (Takes it in his hand.) Here are some of these that I take to be from guineas or half guineas. Ever since the year 1745 they have made the letters on guineas and half guineas nearer the edge, and put another sort of an edge upon them. This is what I call a comb turn'd circular. This clipping I believe to be of that sort of guineas or half guineas.

Q. Then you take all the clippings in the three papers to be from some sort of coin or other.

Fretwell. I do; some I am sure to be from ports.

Kemp. Here are more clippings (producing some.) These I take to be from ports, which I found also in the same drawer with the rest. (The jury look at the clippings, supposed to be from guineas.)

Fretwell. Guineas in any reign are with a slant stroke on the edge.

Council for prisoners. Do you speak from a perfect satisfaction, or is it your belief?

Fretwell. I believe it.

Council for prisoners. For instance, are you able to tell the different edges of a guinea from a moidore ?

Fretwell. Some moidores are the same as the old guineas, but none have the same edge as a new guinea since the year 1745. Some ports have feathers upon them; a 3 l. 12 s. and some 36 s. pieces have.

Council for prisoners. Can you tell the difference between a moidore and a guinea?

Fretwell. I cannot say.

Council for prisoners. Have you look'd at these through a magnifying glass?

Fretwell. No, I have not.

Council for prisoners. I have two guineas here of my own; one of the year 1752, and the other before; one is sloped more than the other; they are both George II.

Fretwell. (He looks at the clipping through a glass.) Now I see the comb larger; I believe this to be from a guinea.

Council for prisoners. Does it appear to be from an old or a new guinea?

Fretwell. It appears to be one of the guineas since the year 1745; it has a semicircle thicker in the middle than on the edge.

Council for crown. Have you seen louis-d'ores ?

Fretwell. I have.

Council for prisoners. Are you acquainted with the effect that the cutting a piece of gold will make upon the milling; as suppose a piece of money is mill'd strait, and a pair of shears being put to it, cut very thin upon the edge, are you capable to form a judgement what effect it will have upon the metal, so as to alter the form of the milling; because the edge turns up and thickens?

Fretwell. I can naturally conclude there is no effect that the clipping could have to make it not appear as the clipping of a guinea; it may make it bend round, but the edge may plainly be discovered.

Kemp. Here are some files with gold on them all ( producing them ) which I found in the same drawer.

Q. What did you discover besides?

Kemp. I found in the same drawers, in a lower drawer, four guineas.

Q. Are they diminished?

Kemp. They are. ( Produced in court)

Q. to Fretwell. Look at these four guineas.

Fretwell. One of them appears to be fresh done.

Q. to Kemp. Have you weighed them?

Kemp. I have not. There was a secret place in the window, in which was a bundle of letters, which I gave to Mr. Chamberlayne. After this we went into the garden, and broke open the summer-house, in which were a fire place, a closet on each side, a proper board fix'd to work on, and a sash window done up so high that nobody could over look them; the top part of the window came out, and a board slipped up, where were abundance of drawers concealed, in which I found more files and gold meltings, a piece of an ingot, and other gold mix'd with borax; to the left hand was another of these rooms, much in the same manner, and over a cock-loft we found some gold, nine crucibles, a moveable vice, weights, scales, chistel, six files, an old tobacco box with gold filings, a piece of an ingot, and two pair of shears.

Q. Describe the garden and place.

Kemp. When you go in there is a high walk; the garden is low, and encompassed round. I heard it was done by the prisoner Wood. The door is very strong, and a window with a blind nail'd to it. This hole is the place where we put our hands' up into the cock-loft, where we found crucibles and other things; every thing was concealed. There was a work shop on each side the fire place; one of them, we suppose, was for White to work in.

Q. to Fretwell. Was you with Mr. Kemp when he found all these things?

Fretwell. I was.

Q. to Kemp. Did the place look like a workshop?

Kemp. Any mechanical people would have said it was like a place where people had been at work.

Council for prisoners. Recollect to yourself Mr. Fretwell the piece of clipping, that you are most satisfied to be from a guinea. ( Fretwell takes up a piece, and the jury look at it.)

John Spencley . I am a constable, and was concerned in searching the prisoner's house, at Hoxton, along with Mr. Kemp, Mr. Fretwell, and two or three others. I can say no more than what has been said as to the place and things found, which have been in their custody. When we went first we knock'd at the room door, supposed to be the prisoner Wood's.

Q. Why did you suppose it to be his room?

Spencley. The maid told us it was his room. We broke the door open, found Mr Wood there, and some implements, as two pair of shears, and some files. After that we went into the other room, and found the guineas, and filings of guineas in a sheet of paper in the drawer. I went with them into the garden, and in a building we found several materials concealed in a cock lost, where we could put our hands up. We came back to the house. After that it was imagined better for me to go back alone to the garden, because White was expected to come to work. I went, and was there alone, but nobody came. I wanting some amusement, being alone, pull'd more of the cieling down, got into the cock lost, and could find nothing but this thing ( producing an ingot) two pair of shears, some files, and some crucibles. Then I came back, and that night I went to his former lodgings in Spital-fields, having a search warrant from justice Fielding. When I came there I ask'd if he lodg'd there, and was told they had not seen him lately, although he had not quitted his lodgings. I asked for his room. They shew'd me his apartments, where was a buroe, of which we asked the landlady for the key, who said, she imagined, Mr. Wood had it. There was another constable along with me. We got a little bit of a chissel that was brought us, and broke the lock open, where we found five pair of shears, some files with gold upon them, and, in the drawer, we found a great quantity of papers, which we delivered into Mr. Chamberlayne's custody, at Mr. Fielding's; some of them are of a very late date, in which Mr. Wood's and Mrs. Wilcox's names are mention'd.

Susannah Ingoe . I live in Red-Lion-Street. Mr. Wood lodged with me there about a year and three quarters.

Q. When did he take the lodgings?

S. Ingoe. He took them this Christmass will be two years,

Q. Who do they belong to now?

S. Ingoe. They belong to him at this time.

Q. Who did the lodgings belong to at the time the search was made?

S. Ingoe. To him.

Thomas Dun . I live in Old Street, I know there garden at Hoxton.

Q. Who does the summer house belong to ?

Dun. To Mr. Wood, the prisoner at the bar.

Q. How do you know that?

Dun. I work'd for him in the gardens last May.

Q. Did they belong to him last October ?

Dun. They did.

Cross Examination.

Q. Did you receive money of him for your work?

Dun. I did.

Q. Did you ever receive any that was deficient ?

Dun. No, nor bad to my knowledge ?

Q. What is your business ?

Dun. I am a gardener.

Q. to Edward Lambley . What is your business ?

Lambley. I am a seeds man. I keep an inn now, the Bear and Ragged Staff, in Smithfield.

Q. Do you know White ?

Lambley. I do.

Q. You know something of the prisoner Wood and White's transactions, do you not ?

Lambley. I do.

Q. Did Wood live at Birmingham once?

Lambley. He did; my first correspondence with him was through White

Q. Which did you know first ?

Lambley. I knew White a great many years before I did Wood; White was Wood's agent. Mr. Wood, at that time, follow'd his own business, that of a carpenter, and bought a good deal of timber; they used to have a great many bills transacted in town. The first of it was, White used to borrow a little money of me, about five or ten pounds, for four or five days, or a week. I once borrowed 50 l. of him. He said, at the same time, a gentleman had bought a large quantity of timber in Wales, and wanted me to indorse some bills. I indorsed some, drawn by my brother upon me. I borrowed that 50 l. and suffered him to draw upon me real bills. I accepted them, and by that means, I believe, he got about 400 l.

Q. Who do you mean got it?

Lambley. I mean White; it was money that was raised for the prisoner Wood, White was his agent. This was for some time. Sometimes they paid me pretty well, and sometimes I was forced to pay the money out of my own pocket. Wood's real name is Collins; after he failed in Birmingham he came away, and changed his name.

Q. Have you seen him write ?

Lambley. I have, and Wilcox too.

Q. Can you swear to the hand writing of Wood?

Lambley I can; he has drawn many fictitious bills on abundance of people that were his acquaintance and lived a little in credit, made the bills payable to them, and raised money by that means. I was frequently with Wood at that time. There were some good bills came up from Birmingham, but after he came away there came up very few; afterwards they told me they had got a new trade.

Q Who told you that first ?

Lambley. White told me that first; after that Wood told me White and he had consulted about it, and began a good trade.

Q. What was that trade ?

Lambley. That was filing 36 s. pieces and moidores, and paring them with shears.

Q. Did the prisoner Wilcox assist in any thing ?

Lambley. She used to put the money off, pay the bills, and such as that.

Q. Look at this paper, whose hand writing is it ?

Lambley. I really believe it to be Mrs. Wilcox's hand-writing

Q. Have you seen her write ?

Lambley. I have; she used to draw as well as the rest.

Q. What time was it that Wood told you of this new trade ?

Lambley. It w as before he came quite away from Birmingham; he used to come very often to town: it is rather better than two years ago.

Q. How long did he stay at Birmingham after he told you he had got a new trade ?

Lambley. About two or three months. I believe, or rather more.

Q. How long is it since he came to London to reside?

Lambley. It is about two years.

Q. Did you see Wood when he came to town, while he was resident at Birmingham ?

Lambley. I did, and had settled bills to the value of 400 l. when they told me of the new trade.

Q. Confine your evidence to the fact, that may affect Wood; what kind of correspondence or trade was carried on by him, in which you was concerned ?

Lambley. They used to clip and file 36 s. pieces and moidores.

Q. Did you ever see them clip any ?

Lambley. I have seen them clip both.

Q. Where?

Lambley. The first place was in Tokenhouse-Yard, at White's house; then at Wood's lodgings, in Red Lion Street, Spital-Fields; and in the gardens I saw Wood and White both clip them.

Q. How often have you seen them clip money ?

Lambley. I believe it may be about half a dozen times.

Q. Where, in the garden?

Lambley. In the summer-house at Hoxton, and in Red-Lion Street.

Q. Did you know of his living in Charles-Square, Hoxton?

Lambley. No, I did not; they told me their trade was to be confined to clipping ports; the reason they told me was, that guineas were so dangerous they would not attempt it: I told them if they did I would detect them, if I knew it; but I did agree to assist them with some ports, till I could get my money.

Q. Here are some of the letters that were found in Wood's lodgings, which are directed to Dixon, who was meant by that?

Lambley. They used to direct so, in Tokenhouse-Yard, where was nobody of that name; it was White that took them in, and open'd them: all the letters that I saw were directed there.

Cross Examination.

Q. At the time they mention'd that new trade, were both of them apprised of the consequence of guineas and ports ?

Lambley. I believe so.

Mary Boucher . I lived servant in the house six weeks where Mr. Wood and Mrs. Wilcox lodged.

Q. Have you been often up-stairs there ?

M. Boucher. I have, and Mr. Wood and Mrs. Wilcox were together; but I never was in their room when they were at work; the door was sometimes open and sometimes shut.

Q. When you was in the room did you ever observe some part of the room dirty, and the other part clean?

M. Boucher. Sometimes.

Q. Did you ever see any working tools upon the table?

M. Boucher. No.

Q. Was you ever sent out by either of them to change any money at chandlers shops?

M. Boucher. Yes, with ports, guineas, moidores, and 6 s. 9 d. pieces.

Q. Were any of them scrupled ?

M. Boucher. Only one person scrupled taking one.

Q. What piece of money was that?

M. Boucher. A 36 s. piece.

Mr. Chamberloyne. These are the letters that the constable deliver'd to me, which he said he found in Red Lion Street. These I selected out from a great number of letters found there (producing several letters.)

One of them was put into the hands of the clerk of the arraigns.

Q. to Lambley. Whose hand writing is this letter?

Lambley. It is the hand writing of the prisoner Wood.

It is read in court (dated Birmingham, October 17, 1755, and directed to James Dixon , at the shoe warehouse, in Token House Yard, London) as follows: I would have you send me down a set of tools for the new trade immediately, it will do better here than there. You may give me instructiors sufficient I dare say, therefore think of that; be sure let me know by Tuesday's post if you can send them.

Another was put into the hands of the clerk of the arraigns.

Lambley. This is the hand writing of Wood.

It is read. Dated Birmingham, October 18, 1755. Directed to Dixon, &c. in which are as follows:

The two bills upon Thorne be sure give him the money on Monday. I would have sent it him, but would have you exercise your new practice upon it first; but be sure don't be covetous, 18 d. is sufficient, and do it well; I hope that will turn out well towards some of the expence.

Another Lambley deposed to be the hand writing of Wood. dated Birmingham, Nov. 17, 1755. in which was (upon complaining of bills return'd,) You will at last load me with ignominy and the gallows.

Another Lambley deposed to be the hand writing of Wood. Dated Nov. 22, 1755. In which was: For the sake of the trade no one bill must be unpaid. I have got about 4 l. this week, but gave Ward 20 s. for a 64 l. bill; think the expence, &c. (Then, giving an account of bills, says ) Bill upon capt. Ward, in a particular hand, due Monday, pay that as soon as you get this; if you borrow, give Mr. Hall good money.

Another Lambley deposed to be Wood's hand writing. Dated Birmingham, Nov. 20, 1755. After an account of variety of bills sent out of the country, he then goes on: You may get all these bills accepted in half an hour, so you may get them all into cash Monday afternoon, and, then you will have time to do them over against' Tuesday. I have made this week 7 l. 10 s. and have received 150 guineas this week, so judge what you may do; but' don't fail to send by the coach all you have done.

Another, dated Birmingham, Dec. 2, 1755. Lambley deposed to be Wood's hand writing, in which was: Get good cash ready to pay Ward, get all you can ready, and send me by the coach. For the sake of the practice you must not let any bills be unpaid.

Another (no date) Lambley deposed to be Wood's hand writing, containing an account of bills, &c. and these words: Be sure don't fail to send to-morrow the breeches and a small file or two, a small punch, a graver, an ingot and a crucible.

Another, dated Jan. 14. 1756, Lambley deposed to be Wood's hand writing, in which was: Give a porter a shilling to get the two forty pounds accepted, and then you may get them into cash by Friday evening, for it must be paid away on Saturday, done or undone; be sure get the gold sold directly. I have pack'd up the gold in three ingots and stuff for your bed, get it run into one, it weighs by gold weights two ounces and three quarters, two penny weights and six grains. So be sure get it into cash Monday or Tuesday; (mentions five bills and says) if you look sharp you may get them into cash by Friday, and make your advantage at night, but upon no consideration, done or undone, let any of these bills be unpaid on Saturday night.

Another, dated December 17, 1755, Lambley deposed to be Wood's hand writing, in which were inclosed three bills: For fear you should not have got the gold into cash on Saturday, or indeed on Friday, I have remitted to you as my letters will shew to last Saturday 2179 l. 1 s. gold, &c. 102 l. 10 s. 3 d. this post 108 l.

Another, dated Feb 16, 1756, Lambley deposed to be Wood's hand writing, with these words: I have made about 5 l. 10 s. to day my self, so I hope I shall have a large cargo for you; be sure be industrious, and take care of all the - , and don't let the Welch bills go back.

Another, dated Feb. 21, 1756, Lambley deposed to be Wood's hand writing, with these words: Your's I got this afternoon, and am surprised there was no more; mine was ten ounces one half, and yours but nine ounces three quarters, and I have been half my time out. I have seat twenty ounces and eleven penny weights of - which at 3 l. 14 s. comes to 76 l.

Another, Feb. 22, 1756, Lambley deposed to be Wood's hand writing; with these words: By the coach as I said you have twenty ounces and eleven penny weights, which get cast into one, and get into cash directly; but it is strange to me that you have got but about 27 l. in a month, as you said you had 12 l. the first week, when I do much more myself.

Another, Sept. 17, no date, Lambley deposed to be Wood's hand writing; with these words. The inclosed take to Mr. Elton's, and desire them to give you guineas for it, perhaps you may make some advantage of the guineas, and then change some of them.

Council for the crown. We will now produce a letter that relates to Mrs. Wilcox.

Mr. Chamberlayne. Some papers were taken out of the window at the house, Mrs. Wilcox was in the room at the time. She said they were only private letters that past between Mr. Wood and her, they don't regard the affair, and desired I'd let her have them.

Another letter produced, which Lambley deposed to be Mrs. Wilcox's hand writing.

It is read. Directed to Mr. Thomas Hodson , at the George in Steel House Lane, Birmingham. I went to the garden on Saturday morning by six o'clock, and got some pease, they were very good. I went so soon because: would not see any body, for I thought I was pretty safe so early. I was at home by eight o'clock, and saw no body, but it was as much as I could do to get enough for out dinners.

Council for crown. There was found among these papers an account, which will be proved to be the hand writing of the prisoner Wood; on one side he charges White, and on the other it is discharged; and it will appear that, between the 28th of December, to the 12th of February following, there were three thousand pounds circulated in this manner.

Lambley. This is Wood's hand writing.

It is read:

The contents were an account of bills received by William White , and cash paid; the first side containing an account of bills sent to White, the first dated November 10, 1756, and the last dated January 17th following, amounting to 2242 l. 16 s. 2 d. underneath that, after the total, So when ever the bill due (and to be due Saturday, as advised of) is paid, he should have in hand (if all the bills sent were got into cash 64 l. 12 s. 8 d. that makes another total of 2307 l. 8 s. 10 d. Then he goes on with bills returned, which makes the total in January 13th, 2909 l. 18 s. 10 d. This is the increase on the first total.

On the other side the account is of cash and bills to answer these bills; the first article thereof is January 11, and ends February 11, and amounts to 2307 l. 8 s. 10 d. Then there are five more bills added, which makes the total 2319 l 9 s. 10 d. Then come four more articles:

l. s. d.

The first is bills - 0

Gold - 6

The 23d ditto - 0 0

The 24th ditto - 13 6

Q. from Wood to Lambley. Did Mr. Wilcox carry out money for you ?

Lambley. I have known her carry out money for you; she has for me, no doubt of it.

The prisoner said nothing in his defence, but left it to his council, to ask what questions he thought proper.

Q. to Blackburn. Can you take upon you to swear these are the sirings of guineas ?

Blackburn. I cannot.

Q Whether any man can. from little bits like these, be able to speak precisely whether they are the borders of guineas or other money ?

Blackburn. I apprehend the gentlemen of the Mint are better judges of it than I.

Q. Have you ever made observations on the edges of money ?

Blackburn. I have frequently.

Q. Does more money go through the people's hands at the Bank than your's?

Blackburn. I believe more money goes through our hands than of any one teller at the Bank.

Council for crown. Can you swear there are not the clippings of guineas ?

Blackburn. I cannot.

Council for prisoners. Can any man say whether they are not?

Blackburn. I don't know that.

Council for prisoners. Have you any belief about in one way or another?

Blackburn. My belief, perhaps, may affect the prisoners.

Council for crown. Upon what do you ground your belief ?

Blackburn. One of them, I think, may be from half a guinea.

Council for crown. What is your reason ?

Blackburn. Because it is smaller.

Council for prisoners to Fretwell, Can you tell whether these are the clippings of guineas or half guineas ?

Fretwell. I cannot.

Council for prisoners. I, as your council, would advise you to rest the case on the evidence, as it now stands

Wood guilty Death .

Wilcox acquitted .

48. (M.) Richard Benham was indicted for stealing twelve ewe sheep, value 8 l. the property, of William Gammon , Nov. 19 +

William Gammon . I live at Clifton, in Oxford shire . I 10 d twelve ewe sheep on the or of November last. I had bought them the 14th of that month, five of which were the property of Mr. Saunders, and the other the property of a neighbour.

Q. Where did you lose them from?

Gammon. They were lost from out of a drove, going into Buckinghamshire

Q How were they mark'd ?

Gammon. Five of them were mark'd with the letter P. and a jag wheel round it, and the other seven with W. G. in a ring.

Q. Where did you see them again ?

Gammon. Mr. Saunders found them again on the 1st of December, but I never saw them till yesterday.

Q. Where ?

Gammon. At Hounslow, in the possession of Mr. Brooks, at the Red-Lion. I know nothing of my own knowledge, of the prisoner's taking them.

Q. Do you know the prisoner?

Gammon. Yes; he was born within two miles of me, and is a shepherd.

Robert Saunders . I live near Aylesbury, in Buckinghamshire I gave Mr. Gammon orders to buy sixty for me, after which he sent me word seven of them were warning, and five of my neighbour's. On this say I was at Hounslow Market Gammon having given a letter to a neighbour of his, and order'd him to get them adventured on the Monday) where I heard that a sheep stealer we taken up. I imagining it might be the man that had rob'd Mr. Gammon, went to see the sheep, and found five of them were mark'd with a mark belonging to me, and the other seven with a mark belonging to my neighbour.

Q. Where were the sheep ?

Saunders. They were in the sheep pens in the market. I went to see the prisoner, and asked him how he came by the sheep. He said, he bought them.

Q. Describe the marks.

Saunders. Five of them were mark'd with a jag wheel, and a P. in the middle and the others with a W. G. in a ring. The prisoner told the justice he bought them on the Sunday morning for twelve shillings each.

Q. What is the value of them?

Saunders. They cost me a great deal more than that. The sheep were left with William Brooks , my landlord, at Hounslow. Then I sent word to Gammon to come up to swear to them, who came, and was there when I was.

Q. When did you see them last?

Saunders. We both saw them to-day.

Prisoner's Defence.

I was going down to see my friends, and met with a man on the road, whom I bought these sheep of, and gave him twelve shillings a piece for them. My friends live in Oxfordshire, and I was going from Aimsworth, in Middlesex.

Q. to Gammon. What is the value of the sheep?

Gammon. I gave 19 s. for each of the five, and 14 s. a piece for the other seven.

Guilty , Death . Recommended.

49, 50, 51, 52. (L.) Terence Shortney , Mary Shortney , Fared Leigh , and Edmund Thomas Warren , were indicted for a conspiracy, for that they did unlawfully and wickedly contrive and conspire together to prosecute John Morris for a rape, pretended to have been committed by him, on the body of the said Mary Shortney , with intent to extort money from him , June 23, 1756 . ++

Captain Morris. I was recommended by my lord Mansfield to prosecute this affair, who tried me for a rape, pretended to be committed on the woman at the bar: That it may appear that I have no malice against the prisoners, but what I do is for the sake of publick justice, in prosecuting these people, the injury I received by that prosecution is notorious; the trial is printed, consequently every body must know it: I have suffered greatly by it. Now, in regard to the matter of fact, I will apply myself to it as soon as possible. On the 15th of July, 1750, the woman at the bar watch'd me to a publick coffee-house, call'd the Green Park coffee-house, Picadilly.

Court. Tell the beginning.

Morris. A few days before this I was sitting on a bench.

Q. Can you name the day?

Morris. The 10th of June, 1756, about two o'clock in the day, in the Green Park, before Mr Pelham's, now my lord Gower's. The woman at the bar came walking along, and sat down at the other end of the bench, where she began with a very lamentable story, telling her distresses, and mentioning she had been to see a member of parliament, who had been her very good friend a long time; but the family were gone out of town that had supported them in their distresses. She told me that she and her husband had not eat bread for some days, she had not shifted herself for a week, and that she was destitute of every necessary of life; her story was so moving that I thought to give her some trifle. I put my hand into my pocket, and told her I had no small money. She importuned me to give her something. I told her I lived near at hand, and would go home for some small money, but she still importuned me. I told her I had nothing about me less than a moidore (I look'd at it, and thought it was half a crown at first) so I told her I could not give her that, but if she would tell me who she was, that I could tell where to meet with her, if her distresses were so, I would relieve her. At length by her prevailing arguments, I lent her the moidore, and she promised me to send her husband to give me security for it. I really intended to give her a crown or half a crown. She gave me a direction that she lived in Chapel-Street, Westminster, at Mrs. Undthank's. Accordingly she went away, and promised she would send her husband to give me security that day, or the day following. I desired a gentleman that lived in the neighbourhood to inquire into their characters, and gave him a direction. He soon after told me the woman was next to a Park walker, and her husband a very dangerous man. Upon that I was determined I would never see her or her husband, if I could help it. From that time they kept writing me letters, both she and her husband; she for a long time, and, at last, her husband concluded it. I never saw her but twice after that, as far as I can remember. The letters were of such a nature, they are printed in the public trial. *When I had read the first, I plainly saw what they were; indeed, I threw some of them into the fire, but the first I read I kept. At last the woman, I think, on the 15th of July, watch'd me, as I apprehend, and have great reason to believe, to the Green-Park coffee house, about nine o'clock one morning, where I used to go.

[ *See capt. Morris's trial, No. 1. in April sessions.]

Q. Did you ever see her between the time you saw her first in the park, and that time she watched you into the coffee-house ?

Morris. I think I saw her once within that time, in the park, somewhere about the library. Nothing past material between that time and the 10th of July; then she beg'd of me to give her some more money, saying, her goods would be seized for rent. I told her I would have nothing to say or do with her. I was going out of town. The woman of the house sent up the boy to call me down, I came down stairs, and spoke to her at the door. She said, as I had reciev'd them, she hop'd I would bellow something upon them, as I was going out of town as she heard. I told her she had proposed to send her husband to me to give me security for what I had done, that she had wrote me such letters that I was ashamed to read, and that I would not give or lend her any thing, and that she was not the baronet's: eice she told me she was, but had deceived me, and that she was next to a park walker. She said will not you give or lend me one guinea? - no nor one shilling When she perceived I was absolutely determined to give or lend her nothing, the changed colour, and turn'd herself short round and went away. I saw her go towards Petty-France, where they lodg'd, and seem'd to be in a passion. About two o'clock the same day I was walking with Mr. Jones, secretary to the due of Newcastle. round the Rose within the park, almost before my own door, and as soon as we parted, this man at the bar, Shortney, came running up to me with a great stick in his hand, out of breath, and said, Sir, is not your name capt. Morris? - yes, Sir, - it is you that have made me the most miserable of men, or to that effect, - pray tell much how? - My name is Shortney said he. I co a little. I presume then, said I, I have behav'd your distresses; said he I am the man you gave something to the wife of, but have not you been with her at Marybone ? - no, never in my life. - did not you take her in a coach to Marybone and lie with her? - never in my life, I don't know what you mean, - d - n the bitch I drub'd it out of her, lifting up his stick. I told him I was surprised at his treatment, and apprehended he had conceived a very bad opinion of his wife, but I had never been in a room with her, or darken'd a door with her. I never spoke to her but twice, once in the park, and once in the street. He said, d - n the bitch, give me something to wast me over sea. take her and do what you will with her. I said I was astonish'd at his behaviour, it was a bad return, instead of giving me security for the money I had lent them. He followed me out of the park, and just before I came to the stables he got up with me, and said will not you give me a stinking guinea a honey ? no no said I, nor a single shilling, as I told your wife; upon that he lifted up his stick, and said, may perdition seize me, I'll follow you to the pit of hell.

Q. What do you apprehend he meant by this?

Morris. He wanted me to give him a single guinea, and to take the woman. He swore if ever he met me he'd do for me. I put my hand to my sword; it was in the public day, or I believe he would have done my business. He went away, and I never saw him afterwards till in this place as I remember. On the 27th of the same month I was sent for by two or three gentlemen to the Green-park coffee-house, the waiter that came for me mention'd Mr. Leigh and Mr. Warren. I went to them, it was about eight in the evening. I found three gentlemen sitting together, Mr. Leigh and Mr. Warren were two of them, the other was a stranger. When I went in the stranger offer'd me his chair, I refused it for some time, but at last they prevail'd with me to sit down in it. Mr. Leigh told me they had come to speak to me in regard to some gentleman I had prevented paying some money that was due to them.

Q. Who did he mean ?

Morris I believe he meant Mr. Warren and Duhamel from receiving some money; they mention'd it with some irony, and seemed to be excessively angry with me about it. I told them I thought I had done what I thought was just and right, as the gentleman had made it to appear to me and some others.

Q. Explain that of receiving of money?

Morris The person that was to have paid them had made it appear to me that the demand was exorbitant and usurous, and the treatment was very cruel: they said they would be up with me for it, or they should be very soon up with me for it.

Q. Which said so?

Morris. They both of them said so, the discourse was from both, the gentleman that was with them was gone from them; then I told them, gentlemen, if this is what you wanted with me, I am very sorry I can stay no longer with you, I am obliged to get out of town tomorrow morning, I'll take my leave of you. I was going to get up. Mr. Leigh then address'd himself to me in another tone, saying, captain sit a little closer to me, I want to whisper with you - don't you know one Mrs. Shortney. I recollecting myself a little. said, that is the woman I on that bench in the park, pointing out at the window. Said he, you was at Marybone with her, no said I never was, - no said he, you lay with her at Marybone, and carried her there in a coach, - no said I, - said he the coachman will prove it, and the people of the house will prove it, - that is impossible, because I never darken'd a door with her. He went on and said, it is true you relieved them in their distresses, you must give them something and make them easy. I said I would not give them a shilling, that she had deceived me, she had told me she was a baronet's neice, but she was a very bad woman, and I had learn'd the man was not much better, being a dangerous man. Upon this Mr. Warren said, not give them a shilling captain? - not a shilling said I. Well, said he, if you don't give them 100 l. she shall swear you forced her to lie with you at Marybone. Upon this I got from my chair, and felt into a good deal of warmth. Mr. Warren said, Poor Polly shall not suffer thus, if you don't give them a hundred pounds, she shall swear you forced her to lie with you at Marybone, meaning Mrs. Shortney.

Q. How do you know that?

Morris. Because I reasoned with them about it, I ask'd them both if they knew her family, and how they came to credit her before me. I told them I had many letters of theirs that I was willing to shew them, but time would not permit me. I began to speak very high, for before this we only whisper'd. Mr. Leigh got hold of my coat, and said captain, don't put yourself in a passion, nor speak so high, no body knows of this, but us and the two people; it shall go no farther if you'll pay the 100 l. - and if you will not, she shall swear you forced her, under or by my direction; upon this I fell into a violent passion.

Q. Did he say direction, or advice?

Morris. I think it was the word direction. I reduced it into writing as soon as I had an opportunity. I told them I thought they had been gentlemen, but I perceived they did not act the part of such, and I would stay no longer. I got to the room door to go down stairs, and Mr. Leigh call'd me back again, saying, he had something more to say. I turned round, and made use of this expression, very loud, Gentlemen there is no fencing against a stall, and I think myself in more danger with you, than with the man and woman you have mention'd. I turn'd my face back and saw the third person sat writing behind a table where I sat I could not learn who he was; I imagine they placed him there on purpose I went home and when I had been at home about an hour card with the of both them which I believe to be of their own hand writing; I have seen them both write. It was brought by the servant at the coffee-house, directed to me. I believe the body of it to be wrote by Mr. Leigh.

It is read to this purport:

' Sir, if you'll give your attendance a little at ' the coffee house, where you met us, perhaps ' you may save further consequences, that must necessarily ' arise.'

Your's, J. L. E. T. W. .'

To capt. Morris, in Bolton-Street, speed.

I went to the assizes the next morning with my lord Conyngham, and when I returned I received the letter by the penny post, which I believe to be the hand-writing of Mr. Leigh.

It is read to this purport:

'' To Capt. Morris, at his house in Bolton-Street, Piccadilly.

Wardrobe Court, August 30, 1756.

SIR, In the affair of Mr. Shortney I would recommend you to endeavour to redress him, and appease his wrath; I cannot without your resolute endeavour prevent a prosecution, which will certainly be carried on very soon.

As the crime is of so heinous a nature, against a man of your years and station, I need not expatiate thereon to you; I would only beg leave to assure you, that tho' the facts can be fully proved, yet I would lend you all the assistance in my power, and am, Sir, your very humble Servant, J. Leigh.

P. S. As some of his best friends have been consulted in the affair with me, they have thought proper to employ a fit person, experienced in these kind or prosecutions, to bring this on at the Old Bailey, so soon as possible.''

I staid in town, after I returned from the assizes, till the 9th of September, and laid this before my attorney, who told me to take no notice of it, saying, they wanted to excort money from me. When the sessions began at Hick's Hall, on the 15th, they then prefer'd two bills against me; one for an actual rape on the woman, committed at Marybone, and the other for an attempt, &c. On the 14th of the same month Mr. Leigh, in company with the man Shortney, came to my house, but I was not at home.

Cross Examination.

Council for prisoners. Are you a captain ?

Morris. I have been a captain of foot, and about sixteen years in his majesty's service.

Q. Was not you recommended to prosecute for a libel?

Morris. That was the case; my lord Mansfield told me I might prosecute for a libel, a misdemeanor and a conspiracy, or an action at law.

Q. If I understand you right, you say you saw this woman, the first time, on the 10th of June, and she began, of her own accord, to tell you her distresses.

Morris. I don't remember I spake a word to her till she began of herself.

Q. Then you did offer to go home for some money to give her?

Morris. She appeared to be an object of distress, and told me she was a certain baronet's niece, which if she had, undoubtedly she must have been a relation of mine.

Q. What representations did she make of her circumstances ?

Morris. She said she had great expectations from her friends, and there were some things upon the anvil that might come about, saying her husband was applied for to be a messenger.

Q. Did you expect your money again?

Morris. I expected a note for it; I did not care whether I ever saw it again, but certainly I should rather he had came and gave me a note of hand.

Q. Why did you inquire into his character?

Morris She gave me direction, and the man not coming I sent Mr. Rush to inquire, and tell me what they were.

Q. How long was it after that, before you received any letter?

Morris. That was on the 10th of June, and the first letter I received, I believe, was in less than fifteen days after I think two or three of the letters that came first I flung into the fire, having heard her character.

Q. Did you see either of them between the 10th of June and the 15th of July?

Morris. That was, I think, the third time I ever saw her.

Q. Did you promise to see her again at any time?

Morris. I never in my life promised to see her again after the first time I saw her.

Q. Nor made no appointments ?

Morris. No.

Q. Was the first letter dated the 29th of June? it begins with these words, '' Dear Sir, you promised '' to see me, &c.'' and the second. '' I was '' in great hopes of seeing you yesterday.'' What could she mean by these expressions?

Morris She would write any thing. Her husband swore he wrote them for her.

Q. How many letters did you receive from her?

Morris. I cannot tell.

Q. The letters were of no great mo in themselves, only desiring a meeting

Morris. They were in a scandalous character and what I would not have received if I could have prevented it.

Q. How scandalous?

Morris. In making love to me.

Q. Did that affect your modesty ?

Morris. Whether it did or not, had something of understanding to discern what I should never have complied with.

Q. How came you to burn some of the letters, or indeed how came you not to preserve them all?

Morris. The letters which I burnt were bing letters, but when I came to see the others were in so uncommon a stile I was determined to keep them all, and made my servant indorse on the backs of them the time when I received them, for I thought by the character of the people they were determined to do me some great hurt. I refused going to the lower park and went to the higher, to avoid seeing her.

Q. How many times might you have seen her after the 29th of June ?

Morris. I don't remember to have seen her and speak to her only that time at the coffee house, on the 15th of July.

Q. Did you ever give her any answer to any of the letters?

Morris. No, nor speak to her afterwards.

Q. Was you never with her at any other place but the park and the coffee house?

Morris. No, never; I never was under a roof with her, to my knowledge.

Q. Can you account for it why a woman should be sending you love letters; would that answer the purpose of enabling her to support a prosecution against you, or would it not arm you against a prosecution?

Morris. I rather think they were the husband's letters than her's, for it plainly appear'd to me at the trial that he wrote them all; and the end is very apparent, he wanted to make a property of me, and to bring me into a snare.

Q. You said you would not lend or give her a shilling, upon which you discovered she was in a passion; why should she be angry?

Morris. She went as though she was running, I thought she was going to raise something against me.

Q. When the man ask'd you if you had not been with his wife at Marybone, was not you surprised?

Morris. I never was more surprised in my life, I did not know the man; if that attack was made upon you, you would be surprised. I really thought the man was mad.

Q. Since you was so greatly surprised on account of the subject, what had you to caution you to get your servant to write upon the other letter, dated the 16th?

Morris. I thought they wanted to bring me into some preliminary or other, but did not suspect the thing till one of them said, did not you lie with the woman at Marybone?

Q. Now I come to the 27th of July, at the meeting of Leigh and Warren, did you know the third person?

Morris. No, if I see him perhaps I may.

Q. You say it was mention'd with irony, what was the meaning of that?

Morris. That matter came before me in order to be considered; I was arbitrator, not by due form of law.

Q. You say they made it appear to you that the demand was exorbitant and usurous ?

Morris. Yes.

Q. Do you grant protections?

Morris. No, I do not.

Q. Are you a minister?

Morris. I have been a resident.

Q. Does this refer to any protections that have been granted by a minister?

Morris. I was secretary to a minister, Count Haslang, who had granted a protection to a person that Mr. Leigh wanted to give trouble to, and they desired that protection might be withdrawn by petition.

Q. Was it upon that, that they said they would be up with you?

Morris. It was.

Q. Was the third person gone then?

Morris. He was gone, he went immediately upon my going into the room. I never saw him after, till I was going to go out.

Q. Were any body by at this time?

Morris. There was the man of the house, and three or four gentlemen, but they were all along whispering till I got up.

Q. Did you ever see Mr. Leigh and Mr. Warren after this, to talk with them of this affair of Shortney's?

Morris. No, I don't know that ever I did.

Q. Was there any time except the 27th of July, when Mr. Leigh and Mr. Warren sent for you and talked with you about your protecting any person, relative to the affair of a prosecution to be commenced.

Morris. No, except this on the 27th of July.

Q. Did you never see them since?

Morris. No, I have not till now here, I might have passed them in the street

Q. Had you never any conversation with Mr. Leigh afterwards?

Morris. No, only at the last sessions; he ask'd me if I was ill natur'd, if you call that conversation.

Q. What answer'd do you make ?

Morris. I said I did not think it in him.

Q. Are you sure you never had any conversation with him about Shortney and this affair, besides that on the 27th of July ?

Morris. No, I never had, neither directly nor indirectly.

Council. I'll put you in mind. I believe it is about six weeks ago; tell me whether ever you said you believed Mr. Leigh was never in any conspiracy against you?

Morris. I never said so, for I always believ'd he was.

Court. Captain Morris, have you no council?

Morris. No, my lord, I trust to the justice of my cause only.

Elizabeth Bolton . I keep the Green-park coffee house. I saw Mr. Warren and two gentlemen with him at my coffee room, but I can't say who they were. Shortney came into the room to them.

Q. Look at Mr. Leigh?

E. Bolton He might be one of them there, I can't say - I think he was.

Q. What day of the month was it?

E. Bolton. I can't tell that.

Q. Was it in the winter or summer?

E. Bolton. It was in the summer.

Q. Was it in July or August?

E. Bolton. I cannot be clear which, but rather think it was July.

Q. Was it the latter end or beginning?

E. Bolton. I can't say, so many gentlemen use my coffee house, I don't take notice; my business is to attead my bar. I can only say I saw captain Morris leave them in a great passion. I remember Shortney did come in, I believe he was sent for.

Q. Who sent for Shortney?

E. Bolton. I can't say, captain Morris was sent for by my servant, he is a little boy; he carry'd a letter or card to him.

Q. Do you know the letter again?

E. Bolton. I do not.

Q. Did you see the direction upon it?

E. Bolton. I did not.

Q. Did you hear them order the boy to go there ?

E. Bolton. I did not understand a word they said.

Cross Examination.

Q. Was Mr. Warren there?

E. Bolton. I am sure Mr. Warren was, but cannot be positive to Mr. Leigh.

Q. Do you know Shortney?

E. Bolton. I never saw him but that day.

Q. How can you be positive he was there that day?

E. Bolton. Because I heard his name, and knew that to be the very man.

Q. Did you hear the name Leigh mention'd that day?

E. Bolton I did.

Q. Was there any other person there?

E. Bolton. There were.

Q. Was Mr. Watts there?

E. Bolton. I believe he was.

Q. Was he there when Shortney was?

E. Bolton. I can't say he was.

Q. How long did Shortney stay?

E. Bolton. I can't tell.

Q. How long had they been there before they sent for captain Morris?

E. Bolton. I can't tell.

Q. Did they come in together, or one after another?

E. Bolton. I believe three of them came in together.

Q. How many were there of them in all?

E. Bolton. There were four of them with Shortney; how they came in I cannot say; I know Shortney came in with a great stick in his hand.

Q. How long did they stay?

E. Bolton. I don't know; captain Morris went away first.

Q. to Morris. Did you see Shortney there?

Morris. I did not.

John Stevens . I know Shortney, and have seen the woman once; I have seen Leigh, and, I believe, I have seen Warren, Shortney, Mr. Leigh, and another man. This Mr. Warren may be the other man, but I can't say; they came to captain Morris's house.

Q. What are you?

Stevens. I was his servant some time before; I was come to town, and happened to be at his house at that time; I was gone to the coffee-house.

Q. When was this?

Stevens. I believe it was the 14th or 15th of September, 1756. Mr. Morris's servant came and let me know there were three gentlemen come; that they wanted to search the house, and were going to take the goods away. I went to the captain's house, where they ask'd for captain Morris. I told them he was gone into the country. They said they must see him that night, for they had business with him.

Q. Who said so?

Stevens. Mr. Leigh said so to me, and the prisoner Shortney. They said they were sure he was not far off, and they would search the house.

Q. What did the third person say ?

Stevens. I can't be particular what he said; they went all three of them into most of the rooms of the house. If this is the gentleman [meaning Mr. Warren] he had another wig on. Mr. Leigh said, here is your authority and gave a paper to the other man. I desired to look upon it. He said to the man, you have no business to look at it any further. They search'd the house, and found he was not in it Then they would not go out without they saw where I went to; they followed me to the coffee-house, and drank part of a pint of wine with me; at the same time he was at my lord Conyngham's.

Q. What did you apprehend by his delivering the paper ?

Stevens. I apprehended he deliver'd a warrant.

Q. Was it not to the constable?

Stevens I don't know, it was like this gentleman [ pointing to Mr. Warren.]

Council. We don't dispute that Mr. Leigh deliver'd a warrant to the constable, but Mr. Warren was not there.

Elizabeth Straton . I know neither of the prisoners.

Q. Don't you know the woman at the bar?

E. Straton I never saw her to my knowledge, only at this court.

Q. Where do you live?

E. Straton. I live at Marybone, and keep Straton's tea warehouse.

Q. Did you live there in July, 1756?

E. Straton. I did; we were at the gardens at Marybone before we let it, the 5th of July, 1756.

Q. Did you see the woman at the bar there in June, 1756?

E. Straton. She might come there fifty times and I not see her. I was there in the month of June.

Q. In what capacity was you?

E. Straton. I acted as mistress of the house, and was chiefly in the bar.

Q. from capt. Morris. Whether you ever saw me there that year?

E. Straton. No, never in my life till the latter end of August or September last, when he discover'd to me who he was.

Elizabeth Porter . I was servant at the tavern at Marybone.

Q. Did you ever see capt. Morris at your house?

E. Porter. No, not to my knowledge.

Q. Did you ever see the woman at the bar there?

E. Porter. I think I have.

Q. Did you ever see her in capt. Morris's company there?

E. Porter. To my knowledge I never did.

Q. How many people were there to wait on the company besides you?

E. Porter. There was nobody else.

Q. Was it possible for you to recollect everybody that came there?

E. Porter. It was not.

Q. What time was it you think you saw the woman?

E. Porter. I can't tell what time.

Q. Was it in the summer or the winter?

E. Porter. It was in the summer.

Q. What summer?

E. Porter. The summer before last.

Q. Was she alone or in company?

E. Porter. There was a gentleman with her.

Q. Should you know him again if you saw him?

E. Porter. I don't know whether I should or not.

Q. Do you know one Ann Hope ?

E. Porter. No, we had no such servant.

John Frip . I am an apothecary; I have known Mr. Leigh four years and a half. He called upon me, and asked me to attend a woman that he knew was very ill. I went, it was the woman at the bar, and found her very ill. He called upon me next morning, to ask how she was; I told him, very ill. He wanted to know whether she was able to attend at the Old-Bailey, a cause being depending wherein she was a most material witness. I said she was not. He asked if I could make affidavit of it, and I said yes. He drew up one at the coffee house; the husband Shortney was there We came here, and made affidavit that she was not able to attend. Mr. Leigh told me that the husband and Mr. Warren were together at Marybone, to ask if Mr. Morris had ever been there.

Cross Examination.

Q. How long have you known Mr. Leigh?

Frip. Upwards of four years.

Q. Do you think Mr. Leigh would be concern'd in a conspiracy to indict people, if he thought they were not guilty

Frip. I always had a very good opinion of him, and believe he really thought the woman had been injured, and that there had been a rape committed.

Q. from capt. Morris. Whether you was ever in company with Mr. Leigh, Shortney and his wife or Mr. Warren, to consult measures relating to me ?

Frip. You see it is after the bill was found a great while.

Q. from capt. Morris. What did they say of me?

Frip. That you must be the vilest of men to use the woman in the manner she had related.

Q. How long did you attend the woman at the bar?

Frip. About four months.

Q. Did you ever see them all four together?

Frip. No, I never did; I do not know that I ever spoke to Mr. Warren.

Q. Did you ever see Mr. Leigh at Shortney's apartment?

Frip. No.

Q. Do you know of any scheme form'd by either, in order for this prosecution?

Frip No.

The indictment against capt. Morris and the record of his acquittal were read, and the witnesses names on the back of the indictment, which appeared to be Terence Shortney , Mary Shortney , Jared Leigh , and Edmund Thomas Warren .

For Mr. Leigh, and Mr. Warren.

John Watts , Esq; I know Mr. Leigh and Mr. Warren. I have known the latter about eighteen years, and Mr. Leigh about three or four. I was at the Green-Park coffee-house (I can't remember the day of the month, but it was on a Sunday) and saw him there. I remember a gentleman being there in the room; they informed me it was Mr. Morris.

Q. Did you hear them have any talk with Mr. Morris about any protection or debt?

Watts. No.

Q. Nor about this prosecution?

Watts. I call'd in by accident, and was writing a letter to go into the country. I did not hear them talk about this affair of Shortney till after Mr. Morris was gone; they said it was a very bad affair; I heard there was a rape committed by Mr. Morris.

Q. Did you hear such a thing as a hundred pounds mention'd?

Watts. No, I did not.

Q. Was you there all the time Mr. Morris was?

Watts. I was.

Q. How near to him?

Watts. Not above two yards from him.

Q. Do you think you should have he ard it if there had been any such thing talk'd of?

Watts. I think I should.

Q. Do you think Mr. Warren or Mr. Leigh would be guilty of convicting an innocent man, knowingly, such an offence ?

Watts. No, I do not believe it of either of them.

Mr. Morris. I do not believe I saw Mr. Watts there that time.

Watts. I can't recollect Mr. Morris's person, but they call'd him Mr. Morris.

Q. What, when he was there?

Watts. Yes, they did.

Q. Do you use that coffee-house ?

Watts. I do; the woman knows me very well: I went with Mr. Leigh and Mr. Warren to Marybone, I think it was to inquire whether Mr. Morris and a woman had been there. I was in the room on that day we went to inquire.

Thomas Gardner . I went with them to the garden house at Marybone. It was the summer before last, it might be about July, where they made inquiry about a room. On a Sunday in the afternoon we went all four in a coach together. Mr. Watts and I were in a one pair of stairs room together, while Mr. Warren and Mr. Leigh were inquiring. I heard somewhat of examining a girl about a room, about something that had been committed by a gentleman.

Mr. Jefferson. I have been acquainted with Mr. Leigh about three or four years; in September, or the latter end of August, he apply'd to me (as I am pretty much used to prosecutions in this court) with the state of this woman Shortney's case, as I apprehended drawn then by herself or her husband. There were a great variety of facts in it. Either at that, or some other time before the September sessions, I desir'd him to give me the times and places, names, &c. which he did, which I have in my hand, from which I drew two indictments, one for an actual rape, and the other I believe for an assault to commit a rape, that was supposed to be at another time and place. He took the indictments, and I believe made use of them at Hicks's-Hall. I think the trial came on in April. I was an opposite neighbour to Mr. Leigh then, on the day of the trial he was present, and then informed me he had been out of town.

Q. What is Mr. Leigh's character ?

Jefferson. I believe that of a very worthy practitioner. I always looked upon him in that light, and in this case he seemed to me greatly touched with compassion, and at that time look'd upon it that the woman had been greatly injured. Upon that I was willing to give him all my assistance in drawing the indictments, and do what I could or him. I believe he did it from an intire honest motive, and no other.

Q. Do you imagine any thing look'd like spite against captain Morris?

Jefferson. No, I remember that the day captain Morris was tried Mr. Leigh shew'd me a man, that he said had apply'd to him to arrest captain Morris, on a bond for a 100 l or 200 l. but Mr. Leigh desired to have no concern in it.

John Jones . Mr. Morris owing me a hundred pounds upon a bond, I apply'd to Mr. Leigh to charge him in custody, and Mr. Leigh said he would have nothing to do with it, he had one action against him, and he did not care to have to do with any more, saying it would look like spite.

Robertson Yarp . I was by when there was some conversation between Mr. Leigh and Mr. Morris in Mr. Jefferson's room here at the Old Bailey. Mr. Morris came into the room, and Mr. Leigh ask'd him what he meant by such ill-natur'd proceedings, and whether he thought him to have conspir'd against him, or owed him any ill will. He answer'd no, he did not think he did; he did not think any such thing of him (I think those were the words.) Then he ask'd him what could be the reason of his bringing that indictment against him. I think his answer was, he had been some money out of pocket, or to that purpose.

Q. from captain Morris. How long was I in the room?

Yarp. You was not in the room above six minutes.

Q. from captain Morris. Was I one minute?

Yarp. That you was.

Captain Morris. All that past was this, I did not know Mr. Leigh, he was grown fatter: I thought he was Mr. Jefferson, for he was sitting at the desk.

Council for prisoners. No man that ever saw those two persons could ever mistake one for the other; Mr. Jefferson is much thinner than Mr. Leigh.

Mr. Debhvill. I am a wine merchant, and was in the room at the time Mr. Leigh was at the desk, who said much to the purpose as Mr. Yarp has related. Mr. Leigh asked Mr. Morris why he brought on such a prosecution, whether he thought him to be accessary to any thing? Mr. Morris said no. I did not think to be call'd upon, only I was subpoena'd yesterday morning; but as Mr. Yarp has repeated it, it occurs to my memory more clearly.

Q. How long was Mr. Morris in that room?

Debhvill. I really believe he was there 5 minutes. I can't say to a minute.

Q. from the court to capt. Morris. Is this true that they have said ?

Morris. Upon my oath, what they have said is absolutely false.

Mr. Patenden. I have known Mr. Leigh about four years ?

Q. What is his general character ?

Patenden. I believe him to be a man of good character, and a man that I should employ as soon as any man I know.

Captain Taylor. I have been intimately acquainted with Mr. Leigh. He is a very honest man. I would take his word for any thing. He is an indulgent parent and good husband.

Mr. Ossiter. I have known Mr. Leigh about a year and a quarter. He is a very honest man, and to my knowledge he is one that does not encourage ouble and law suits.

Mr. Holland. I have known Mr. Leigh about seven years, and his family for twenty years. I never heard a bad thing of him. He has done business for me, and that with much caution.

Mr. Lucas. I have known Mr. Leigh fourteen or fifteen years. He is a man of a good character. I don't think he would be guilty of what he is charg'd with on any account.

Mr. Thomas. I have known Mr. Leigh exceeding well for nine or ten years. He has an extreme good character, I believe as to his profession no in has a fairer character.

Mr. Fry. I have known Mr. Leigh three or four years, I never heard him spoken of but with great deal of respect. I have known Mr. Warren about seven years, I always look'd upon him to be very honest man.

Mr. Chamberlayne. I have known Mr. Leigh about nine years, I always look'd upon him to be a honest man.

Mr. Baildon. I have known Mr. Leigh about four years. He is a man of good character, and a an of property. I have known Mr. Warren about two years, his character is good, I never heard it call'd in question in my life.

Joseph Baildon . I have known Mr. Leigh about four years, and Mr. Warren about eighteen. I never heard either of their characters the least peach'd in my life.

Mr. Bush. I have known Mr. Leigh three years and a half, and Mr. Warren about twelve, y are both men of good character, far from being guilty of such a crime as this.

Mr. Gardnir. I have known Mr. Warren ten years, and Mr. Leigh three or four, I believe them to be both men of strict honour and honesty.

There were many more witnesses in court to the characters of Leigh and Warren, but it was thought needless to call any more.

All four acquitted .

Henry Clark , capitally convicted last sessions, was executed on Wednesday the 23d of November.

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

Received sentence of Death 4.

William Green, Richard Benham, Jeremiah Bailey , and Joseph Wood, the last to be drawn upon a hurdle to the place of execution.

Transported for fourteen Years 2.

Elizabeth Titchbourn , and John Richardson .

Transported for seven Years 16.

Thomas Lion , Elizabeth Campbell , Samuel Webb , Mary Day , Robert Humphrys, Lawrence Farnham, Elizabeth Charlton, Samuel Franklin, Mary Scott , Thomas Rose , Mary Arnold , Sebisa Hewit, John Weaver . John Lawrence Murphy , Ann More , and Mary Wilkerson .

To be Branded 3.

Sarah Page , Sebisa Hewit, and Robert Campbell .

To be whip'd 3.

Sarah Lawrence , William Williams , to be publickly whipped without Aldgate, and Roger Murphy , in Bow-Lane, 60 yards each.

Henry Clark , capitally convicted last sessions, was executed on Wednesday the 23d of November.

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