Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 November 2014), January 1758 (17580113).

Old Bailey Proceedings, 13th January 1758.

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 Friday the 13th, Saturday the 14th, Monday the 16th, and Tuesday the 17th of JANUARY,

In the Thirty-first Year of His MAJESTY'S Reign. NUMBER II. for the Year 1758. Being the Second 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, 1758.

[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 Thomas Parker , Knt. Lord Chief Baron of his Majesty's Court of Exchequer;* Sir EARDLY WILMOT, Knt. one of the Justices of the Court of King's-Bench; + 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 them the Prisoner was tried, also (L.) (M.) by Jury.

London Jury.

William Line

Joseph Pickles

Benjamin Hawkins

Robert Hughes

Robert Jackson

Hall

Thomas Chattle

Thomas Driver

Richard Foddy

Thomas Routlodge

David Jones

Owen Owen

Middlesex Jury.

am Heritage

el Slade

George Barber

am Collins

el Doyle

el Barnes

John Carpenter

Jonathan Jennings

Griffith Edwards

William Staples

Richard Fitzes

ard Gardner

Charles Welbeloved

James Edwards

Richard Jones

John Barnes

John Hill

William Stallan

David Salmon

Edward Gatton

Joseph Brownsworth

John Rawlinson

Richard Cox

Patrick Gilercraft

53.(M.) Edward Jolly was indicted for stealing silver spoon, value 5 s. the property of the right honourable Granville Leveson , earl Gower , December 27 . ++

Thomas Bareless . I am butler to my lord Gower. The prisoner is a soldier ; he came to see me, and was with me in the pantry, where much plate was, from about four in the afternoon till seven on the 27th of December last. On the next day Mr Fell, a pawnbroker, came and brought me a silver spoon, which I know to be my lord's property.

John Pell . The prisoner came to me on the 27th of December, brought the bowl of a silver spoon, and offer'd it to me to sale; but I suspecting it to have been stolen, sent my boy for a constable. Then I asked the prisoner where the handle was, who said he had it not. I charged the constable with him, ordered him to search him, and this handle was found upon him. (Producing the two pieces, deposed to as the property of lord Gower.

Prisoner's Defence.

I found the spoon as I was coming out of the pantry.

Guilty .

[Transportation. See summary.]

54. (M.) Elizabeth, wife of Thomas Tomkinson , was indicted for stealing one cloth coat, value 12 s. one camlet waistcoat, value 5 s. one camlet pair of breeches, value 4 s. the property of Lewis Vincent , one cotton gown, one quilted petticoat, the property of John Rash , one cotton gown, one linen ditto, and one pair of gold earrings. the property of Thomas Pointer , in the warehouse of John Herring . Oct. 30 . ++

John Herring . I am a pawnbroker, and live in Grafton-Street; the coat, waistcoat, and breeches mention'd in the indictment were brought by Mr. Vincent's wife on the 28th of March last, and pawn'd for a guinea. (The coat and waistcoat produced in court.) The cotton gown and quilted petticoat, the property of Mr. Rash, his wife brought and pawn'd, the first on the 9th of February for 8 s. the other the 6th of July for 6 s. The two linen gowns and a pair of gold ear-rings are the property of Mr. Pointer, but I don't know the times they were brought. These things and many more I missed at several times; they were in my warehouse in October last, and before the month was out I missed them. Missing things daily I went with some patterns to Mr. William Humphrys , a pawnbroker, where I found a gown, (not laid in the indictment) which, he said, was pawn'd by the prisoner. I took her up on the 7th of December, and before justice Welch she confessed she had taken these goods, mention'd in the indictment, out of my warehouse, and by her directions I found them at different places where she had pawn'd them.

Q. Did you know her before?

Herring. She used to come often to my shop with small things; she lived near me.

Q. Did you ever see her in your warehouse?

Herring. I never did see her there.

John Melvil . I am servant to Mrs. Pash, a pawnbroker, in Bow-Street, Bloomsbury. The prisoner at the bar brought and pawn'd with me this quilted petticoat for 6 s. but I can't say the day; it was about the beginning of October.

Herring. That is the property of John Rash .

James Stiles . I am a pawnbroker, in Castle-Street; this coat here, and a pair of breeches not here, the prisoner pawn'd with me, and this waistcoat was brought and pledg'd by her husband.

Herring. They are the property of Lewis Vincent .

Stiles. The coat and breeches were pawn'd to me on the 17th of November for 7 s. She pawn'd also a cotton gown on the 26th of November for 5 s. (Producing one.)

Herring. This is the property of Mr. Rash.

Sarah Platt . I live in Monmouth Street, and keep a cloaths shop. I bought three linen gowns of the prisoner about two months ago for 20 s. I ask'd her if she was a dealer. She told me she was, and that she lived in Newport-Street, or by Newport-Market, I can't say which.

Deborah Humphrys . I am a pawnbroker. The prisoner pledg'd these gold ear-rings with my husband some time in November last, on which she had 4 s. She pull'd them out of her cars, and said she bought them of a jeweller in Denmark Street. (Producing them.)

Herring. She confessed she stole all the things here produced, and many more which we have not yet found, from out of my warehouse.

Prisoner's Defence.

A woman that did work for me came when I was not at home, and left a bundle of things with my little boy, who is about seven years of age, and said she would come again with more, which she did, and desired me to tell or pawn them for her.

Guilty . Death .

There was another indictment against her for a crime of the same nature.

55. (M.) Catherine Wells , spinster , was indicted for that she on the king's highway, on Christopher Bowers , did make an assault , putting him in fear and danger of his life, and stealing from his person a silver watch, value 3 l. his property, against his will , Dec 27 . ++

Christopher Bowers I am apprentice to Jonathan Crook , a plaisterer , and am just turn'd of twenty years of age; betwixt six and seven o'clock, Dec. the 7th, near Long Acre, as I was going with a young man, named Anthony Johnson , the prisoner ask'd him to give her some beer, and he ask'd me to go with them. I went with him and her to her room to drink it, we had only a pot of beer. I gave her 6 d. to change, but she would not return me the change, and going down stairs she went cross the street in Mercers street, and fetch'd two fellows, who came and knock'd him down.

Q. Was you sober?

Bowers. I was.

Q. Was he sober?

Bowers. He did not stagger, and was pretty sober. I desir'd them not to use him ill.

Q. Do you know she brought them?

Bowers. They came out of a house directly with her. Then I was knock'd down. one hit him, and the other me; the prisoner stood just by, she neither spoke to the men nor me in my hearing.

Q. Was any thing demanded ?

Bowers. At first coming they began d - ning my companion's eyes, and ask'd him to give them a shilling before they struck him. The prisoner snatch'd my watch just as I got up again, and ran cross the way, thro' a house, and over a wall, and down into a cellar. I went and got a candle, and went after her with assistance, and there we found her. I told my acquaintance she had taken my watch as soon as she took it. He went and got a constable, and near the cellar she drop'd the watch, close to my feet, in a puddle of water. We took her before Mr. Welch, where I charged her with taking my watch; she would not tell any thing of the fellows. She did not own the taking the watch to me.

Mr. Woodword. I am a constable. On the evening of the 27th of December, there came a young man to me, and said that his acquaintance had been rob'd of a silver watch, and desired I'd take the woman into custody. I went and found they had taken the prisoner in the cellar of an uninhabited house. I took her out from thence, but before I took her away a man gave me this watch; it was wet and dirty.

Prosecutor. I delivered the watch to one Walgrove till I got over the wall, he liv'd at next door.

Woodward. That man seeing I was a constable he delivered it to me. I took the prisoner before Mr. Welch, who committed her to New-Prison. (The watch produced in court, and deposed to by the prosecutor.)

Anthony Johnson . I was with the prosecutor at this time.

Q. Was you sober?

Johnson. I can't say I was right sober. We were going home about six o'clock on the Tuesday night after Christmas-day, and met with the prisoner, I don't know the name of the street. She ask'd us to give her a little beer, I said, I would, he gave her 6 d. to fetch some, but she did not give him the change. We had not got above six or seven yards from the door before she ran cross the way, when directly two fellows came out, and one said, d - n your eyes give her a shilling; for what said I. He directly knock'd me down, the other knock'd the prosecutor down, and I saw the prisoner at him. I did not see her take his watch, but she immediately ran down an entry. I went and fetched a constable, and when I came she was out of the cellar. Then we took her before Mr. Welch, but I did not hear her own any thing.

Q. Where did you see the watch ?

Johnson. I saw it in Mr. Walgrove's hands.

Q. Had there been any dispute with her about money before the men came?

Johnson. No, none at all.

Prisoner. I have witnesses to my character. I was coming with a young woman with me, and had a pot of beer, they ask'd to drink of it, I said they might, so they went with us to her room, and after he came into the street he wanted to be rude with me, but I would not let him, so he has swore this.

Elizabeth Wright . The prisoner lived with me three years. I am a fruiterer. I can't say what company she has been in since that. She was just and honest to me.

Mr. Wright. I am husband to the other evidence. I knew her about half a year, after I married her mistress; she behaved well that time.

Q. to prosecutor. Was there another woman with her when you met with her?

Prosecutor. There was, and she went up into the room with us, but we left her there when we came away.

Guilty of single Felony .

[Transportation. See summary.]

56. (L.) William Wilder was indicted for stealing four pounds weight of starch, value 2 s. the property of John and Joseph Fisher , Jan. 10 . ++

John Jones . I am servant to the prosecutors, they keep a grocer's shop . I saw the prisoner put his arm in at the door, and take a paper of starch from off a butt of currants. I said, friend leave it behind, he put it under his coat and I ran after him, he ran and flung the starch away. I took hold of him at about ten yards running. I brought him back, and took up the starch. This was last Tuesday.

Q. Whose starch is that?

Jones. It is my masters property, I weigh'd it, and had put it there.

Prisoner's Defence.

My witnesses are not here. Another man flung the starch there, and he took hold of me.

John Jones . I saw him take it with his left hand, and I also saw him throw it down.

Guilty .

[Transportation. See summary.]

57. (L.) James Bromfield was indicted for obtaining a pound of green tea, value 8 s. by means of false pretences, &c. Dec. 2 . ++

Gyles Dance . I am a grocer in Gracechurch-street . The prisoner came to my shop on the 2d of Dec. and asked for a pound of green tea for Mr. Colebrook's house-keeper. I weigh'd it, he felt in his pocket, and said he had not money enough about him, that he'd call and pay me another time, and went away.

Q. Did he take the tea with him?

Dance. He did.

Q. Does Mr. Colebrook deal with you?

Dance. No, he does not.

Q. What is the value of the tea?

Dance. It is worth 8 s. Mr. Ireland happen'd to be in my shop at the time. He went home, and in about a quarter of an hour sent his servant for me she had detected the prisoner there on such an offence. I went, had my tea delivered to me again, and the prisoner was secured.

Prisoner's Defence.

I intended to have paid for it the Tuesday following.

Guilty .

[Transportation. See summary.]

58. (M) Ann Gregory . spinster , was indicted for stealing one 30 s. piece, twenty guineas, three half guineas, and 11 s and d in money number'd, the property of Joseph Lawranson , January 2 . ++

Abigall Lawranson. I have in New Palace Yard, the prisoner was my servant ; I missed money several times: the first time seven pounds. I missed it by four or five guineas at a time, and twenty-four pounds was found upon the prisoner when she was taken up.

Q. What reason have you to believe this was your money ?

A. Lawranson. She went away on the 2d of January, and on the 4th a person said to me he never saw the house so empty before of waterman. I said, I supposed they were all gone to the wedding (the prisoner was to have been married that day. He said, she does not want for money, for I saw her with 30 s. pieces, guineas and silver, to the amount of twenty pounds. I told my husband of it.

Q. Do you keep a publick house ?

A. Lawranson I do. I had told out 40 l. for the brewer. and laid they. When he came I said to him, here you He settled his book, counted the money, and said there was but 33 l. Then I saw him it over two or three times, and there was no more of

Q. Where did you use to put your money ?

A. Lawranson. I used to put it in a drawer in my escriore.

Q. Did you use to lock it?

A. Lawranson. We always did.

Q. Did you ever had the prisoner at it?

A. Lawranson. No, never. We had been very uneasy about the loss of money for some time. I thought my husband had made some mistakes, and he thought the same of me, not suspecting the girl at the bar, till we heard she had so much money. Then I told her I had lost the key of my drawer, and wanted to know if any of her keys would unlock it. She said she had but one, and delivered it to me; but finding that would not open it. I returned it to her again.

Q. How long had she lived with you?

A. Lawranson. She had lived with me six months, a fortnight, and three or four days. When she came to us she had no cloaths to her back, so I let her have 13 s. before it was due, to buy her a gown. After the money was found upon her she offer'd me a guinea, and took one out of her pocket, if I would not let her go to Bridewell; she felt down on her knee, asked me to forgive her and said, before the constable, that the money found upon her was mine, and that she had taken it out of the drawer.

Prisoner. Please to let the money be deliver'd up to me; then I am ready to take my trial, and will give an account how I came by it.

Joseph Lawranson . My wife told me she had missed money at several times, and we were very uneasy, not knowing which way it could go. I began to think it was high time to give over business. As soon as my wife understood, from the old man, a waterman, that the girl had got so much money about her, I thought proper to get a warrant for her, which I did from Mr. Wright, in Palace Yard. Having intelligence she was somewhere in the Mint, in Southwark, I sent the constable and a porter there to see for her. The porter returned, and told me they had found her with a great deal of money about her. I went to justice Wright, got a search warrant, and went to the prisoner and constable.

Q. Was you by when she was searched?

Lawranson. No, I was not; the constable produced the money, which, he said, he found upon her.

Q. Was she by at the time?

Lawranson. She was, and said it was my property; that she took it out of the drawer at several times.

Q. What was the sum?

Lawranson. Twenty guineas, three half guineas, eleven shillings and six pence in silver, and a 36 s. piece. She would not confess how she got the drawer open, but said she found the buroe open. The constable after this insisted upon searching her, which he did, and found some tea spoons and other things somewhere about her stockings. She at last pretended they were her mother's but afterwards owned they were bought with my money.

Q. Did you promise to forgive her, on condition she would confess ?

Lawranson. No, I did not.

Court. Prisoner, have you any questions to ask your master ?

Prisoner. I will not speak till the money is delivered up.

John Munn . I am a constable: I went over with a warrant in order to apprehend the prisoner at the bar, and in or near Mint Square I saw her running. I went and took hold of her, and said she must go along with me, for she had rob'd her master. She beg'd of me to let her go to a publick house, where she had an acquaintance. I said I should take her to a house where I had some purl, which I did. Then she beg'd leave to speak to the landlady of the house, and went into the bar to her. I thought I saw her put her hand under her arm and pull out a little purse, and offer it to the landlady. The landlady said, God forbid, held he hand up, and said to me, I believe here is the money you have been talking about. After that the prisoner denied she had any money; but when the landlady said there is money, for she put it to my hand, but I would not take hold of it; then the prisoner produced it to her; she delivered it to me, and I to the landlord, and desired him to count it, which he did; there were twenty guineas, three half guineas, a 36 s. piece, and eleven shillings and six pence in silver. Then I sent for a constable out of the Borough. He came, and we judged it proper to send for the prosecutor; so I did, and he came. Then I searched the prisoner, and found a silver cream pot, a pair of silver tea tongs, three little tea spoons, and a large table spoon in her stockings I ask'd her how she came by them. She said, they were bought with her master's property, and also that the money was his.

Q. Was you before a magistrate at her examina tion?

Munn. I was, and so was her master; she acknowledged the very same before justice Wright, both the money and plate.

Q. Were there any promises or threats made use of to induce her to confess ?

Munn. No, there were none at all.

Mary Gumse . The prisoner at the bar, was an intire stranger to me. After the constable brought her into my house, she came to the bar to me, and desired to speak to me; she came into one corner of the bar and privately ca'd a purse into my hand, and desir'd I would take care of it for her. I said I would have nothing to do with it. and call'd to the constable to take it. Then the prisoner denied it, but the constable insisted upon her delivering it, and she produced it; at first she said it was her own. It was counted, to the best of my memory there were twenty guineas, three half guineas, a 36 s. piece, and 11 s. 6 d. in silver. I heard her own before the justice that it was her master's property.

The prisoner was call'd upon to make her defence. Her answer was. She did not chuse to speak till the money was delivered up.

Guilty .

[Transportation. See summary.]

59. (M.) Joseph Weeley was indicted for stealing seventeen yards of sattin brocade, value 8 l. forty yards of silk, call'd lutestring, value 8 l. and thirty-five yards of silk, value 6 l. the property of William Neal , in the dwelling-house of the said William , Dec. 23 .*

William Neal. I live in Bedford-street, Covent-Garden . I am a silk mercer . The prisoner was my servant , in the capacity of a journeyman . He lived with me about three quarters of a year. I believe he went away the latter end of August last. He was taken up for some other fact, by which means this came out. I had missed goods, but could not charge him or any body else with taking them, but then I had not missed these particular goods that are mentioned in the indictment.

Q. When was he taken up?

Neal. I believe it was some time in October last. He being in Newgate, and distressed for money, sent this letter ( producing one) which was intercepted, and Mr. Fielding sent for me; and I knowing it to be the prisoner's hand-writing, he delivered it to me. It is directed to Mr. Coyde, and is to this purport, '' Please to let the bearer have '' that piece of silk, call'd lutestring, paying what '' you have lent upon it, and when that is sold it '' will fetch the other things which you have got '' of mine.''

Q. Are you sure you know his hand-writing?

Neal. I know his hand writing very well.

Q. Where does Mr. Coyde live?

Neal. He is a pawnbroker in Leather Lane, Holbourn. I took a constable and search warrent. and went there, and found the goods mention'd in the indictment, that is, forty yards of silk, call'd lutestring, between seventeen and eighteen yards of sattin Brocade, and about thirty-five yards of figur'd silk, my property, which I must have lost between Nov. 1756, and Oct. 1757. I took up her Coyde for having these things in his custody, imagining he knew them to have been stolen.

Q. from prisoner. Did not you trust me with your effects to a great value, and also to carry out goods to shew to customers?

Neal. To be sure I did, and with bills to receive perhaps 500 l. at a time, for what I know, or more.

Q. from prisoner. Did not I bring them to account?

Neal. Every thing of that sort, as I thought then.

Q. from prisoner. Whether you did not trust me with two thousand pounds worth of goods at a time to carry out to customers ?

Neal. I have a great many thousand pounds worth of goods in my shop, but he could not take out two thousand pounds worth at one time.

Q. Did you ever send the prisoner with any goods to pawn?

Neal. No, I never did.

William Bowyer . I am journeyman to Mr. Coyde, a pawnbroker in Leather Lane.

Q. How long have you lived with him?

Bowyer. Five years.

Q. Do you know the prisoner?

Bowyer. I have known him about three years, ever since he used to come to our house.

Q. Did he use to come frequently?

Bowyer. He did.

Q. What did he use to bring to your house?

Bowyer. He has pawn'd silks.

Q. When ?

Bowyer. About two years ago. The first time of his coming was with some stuffs, and silk with it.

Q. Who took them in?

Bowyer. My master and I. ( Some pieces of silk produced, he takes up a price ) This I took in of the prisoner on the 17th of February last in the evening.

Q. to prosecutor. Look at this piece?

Prosecutor. Here is about thirty-five yards of it, it is my property.

Bowyer. Here is another piece which the prisoner brought at the same time, and had 7 l. on them both (taking another piece in his hand. ) He has sometimes brought pieces and took others out, and used to have about 4 l. or 5 l. at a time.

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

Bowyer. Yes, he said he dealt among his friends and acquaintance, that he was going to marry a lady, and then his father would set him up; he said he had bought them.

Q. Did you know where he lived at that time?

Bowyer. No, I did not. When he brought the silk he said, he should be arrested if he had not the money that he had contracted for to pay for them.

Prisoner. Please to inquire what he swore before justice Fielding.

Court. We'll inquire into that presently.

William Ward . I live with Mr. Coyde, I am his apprentice, and have been for above three years. I have known the prisoner about two years, I have seen him several times at our shop, and was present when two pieces were taken in for 7 l. one night, and about the 16th of July he had on silk and stuff together 14 l.

Bowyer. There was a parcel he pawned with as before he went to live with Mr Neal.

John Nichols . I am a constable, I had a warrant from justice Fielding, and went to Mr. Coyde's house with Mr. Neal. I had the letter that the prisoner directed to Mr. Coyde, I produced it, and said, I was come for a piece of silk. Mr. Coyde told me he would not let me have it. He said he did not understand carrying on any correspondence with Mr. Weeley in Newgate. Mr. Neal was without a little way from the door, I step'd to him, and told him what he said. Mr. Neal went in with me. When we said we had got a search warrant, Mr. Coyde said he would go and fetch the silk down, and went and brought down several pieces. (The pieces here produced )

Q. Where is Mr. Coyde ?

Bowyer. He was at home this morning?

Prisoner's Defence.

Mr. Neal employ'd me to act in his absence, and has several times trusted me with several quantities of goods, and great sums of money. These good, here are privately minuted down, but I never brought them to an account. I have at divers times taken silks and pledged them for my own present necessity, till my wages came to be due, and I have taken others in their room, and brought them home to keep up my credit. I intended to have returned every thing that I am charged with. Mr. Neal wrote to my friends for my general character, and I had the best of characters. I have lived with Mess. Wood and Co. in Chandois-street. I came from Warwickshire.

As the prisoner refer'd to the examination of Bowyer before justice Fielding, it was read in court to this purport, '' That he had been servant to Mr. '' Coyde five years, and had known the prisoner '' about three, who told him he was journeyman to '' Mess. Wood and Co. in Chandois-street; that '' he pawn'd at different times silks and stuffs, and '' that he had heard his master Coyde say he was '' afraid the silks belong'd to his master, and that '' he knew well the prisoner's person, having frequently '' seen him at his master's shop, where he '' was very familiar, 'and that he asked Mr. Coyde '' to come there to see him.''

Guilty , Death .

60. (M.) John Craven was indicted for stealing 4 s. in money number'd , the money of Richard Whitley , December 6 . +

Richard Whitley . I keep a publick house in Chandois Street . The prisoner came to my house, about five or six in the evening, on the 6th of December; he sent for me out of another room, and wanted to speak with me. When I came to him he desired to know if I had got a horse to left to a gentleman of his acquaintance. I said, I had not. Then he desired me to make him six pennyworth of brandy and water. While I was about to do it he went out into the street, came in again, and desired to know if I could give him silver for a guinea. I was then at the bar.

Q. Was any body in your house at the time?

Whitley. There were several people. I took out some silver from the till, and was telling it over on the bar. He said, lend me 4 s and 6 d. and immediately took up some money from the bar; I don't know whether he took more or less, but I suppose he took what he ask'd for, and went out of the house directly. I had not counted it over, if I had I should have known what he had taken.

Q. Did you agree to lend it to him?

Whitley. No, I did not; he had taken it, and was gone before I could get up the rest of my money, or speak a word to him about it.

Prisoner. He said to me, Mr. Brown the butcher is in the next room, will not you go in and see him? Please to ask him that.

Whitley to the question. That was before he ask'd me to change a guinea. I had seen him with Mr. Brown before several times, and at first I thought he was come to him.

Q. Did he produce a guinea?

Whitley. I saw no guinea he had.

Q. Was you acquainted with the prisoner before this?

Whitley. No, I was not.

Q. What is the prisoner?

Whitley. I can't tell what he is; he used to go very gay.

Q. from prisoner. Whether or no you have not frequently brought a silver tankard to the door, and trusted me to drink out of it at night time?

Whitley. If Mr. Brown was with him, to be sure I would have trusted him with any thing. I don't know that ever I trusted the prisoner alone with a tankard.

Q. When did you take the prisoner up?

Whitley. He was not taken up on my account, but on some other, and committed on the 9th of December.

Q. from prisoner. Has any body desired you to prosecute me ?

Whitley. No. I was told the prisoner was a very bad man, and I should do justice to the publick if I did do it.

Prisoner's Defence.

I had a porter to send for some things of mine, and I wanted change for a guinea; so I desired him to lend me 4 s. and 6 d. for the porter to carry with him. I took it, and went away, having some business with a gentleman, and did not come back again. I did not in the least suspect but what he would credit me.

To his Character.

Francis Gwyn . I have known the prisoner seven years; he is a customer to me.

Q. What trade are you of?

Gwyn. I am a peruke maker.

Q. Where did the prisoner live?

Gwyn. He lived most of the time in Southampton-Street.

Q. Was he a house-keeper?

Gwyn. He was; it was a tavern I think they call'd it; there were grapes hung out at the door.

Q. What has been his general character?

Gwyn. He dealt with me, and paid me very honestly for every thing that I did for him.

Q. What character have you heard of him?

Gwyn. I have heard that he was a person that played a little, but I never inquired into his character.

Daniel Rafferty . I live on Saffron-Hill, and am a chair maker. I have known him sixteen years, and more: he once work'd in the same shop as I did.

Q. When was this ?

Rafferty. It is some years ago. He has come to my master where I work, bought goods, and paid honestly for them; and so he has of me.

Q. Did you use to see him frequently?

Rafferty. I used to see him may be once or twice in a year.

Q. What is his general character ?

Rafferty. I was quite at a distance from him; I heard he paid his way very well.

Guilty .

[Transportation. See summary.]

61. (M.) Jane Widderington , spinster , was indicted for that she, on the king's highway, on Ann, wife of Richard Coulter , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person 6 s. and 6 d. in money number'd , the money of the said Richard, January 4 . +

Ann Coulter . I live in Little Paulin-Street, Hanover-Square, and sell old cloaths. On Wednesday was se'n-night, at about seven at night, I was at the end of Field-Lane, by the One Tun alehouse, buying a rabbit, after I had been and sold my things.

Q. Where had you sold your things?

A. Coulter. To a Jew in the street; there came the prisoner and a little woman, who was big-belly'd, and stood very near me; they said nothing to me nor I to them. I took out my money, paid six-pence for the rabbit, and put the rest in my pocket again.

Q. How much money had you?

A. Coulter. I had six shillings and six-pence, and some halfpence. Then I went up Holbourn, and they followed me. I crossed the way, near Hatton-Garden end, and went on the left-hand side of the way; they still following me, I asked the prisoner what she followed me for? She said, I don't follow you, I am about my business. I asked her what her business was? She said she was a woman of the town I said, have you no other way to get your bread? She said, no. I said, how long have you been in this way She said, almost twelve months. I recommended to her to get a basket, and attend the market as a basket-woman. She said she had not a halfpenny in the world, and had not broke her fast all day; the other little body being very big with-child, I told her she had better apply to the parish in her circumstances, being seemingly destitute of every thing. The prisoner asked me to give her a draught of beer. I went into a publick-house, call'd for a pint of beer, and gave it to them.

Q. Where was this house?

A. Coulter. It is a pretty way up Holbourn. I took out my money to pay for the beer, when I had four shillings and a half crown besides the halfpence. We all three came out of the house together, after I had paid for the beer. As soon as we were out at the door the prisoner flew at me, and said, you b - h, give me the money, for you have pick'd up a cull, and it is mine.

Q. What company was there in that house when you was there?

A. Couter. We were in the front room, at the fire place, where were several people. She held my hand, got her other hand to my pocket, and took out my money. I held her as well as I could, and never let her go 'till the people came to my assistance. The other went off: I never saw any more of her. I had a great mob about me, and a constable, named Field, came out of a house hard by, and secured her; and when we ask'd her for the money, she said a man without a hat had taken some of the money out of her hand.

Q. Did you know the prisoner before?

A. Coulter. I never saw her before that night to my knowledge.

Q. Did a man speak to either of you in the street?

A. Coulter. No; no man spake to either of us all the way we came along.

Q. What was the sign at that publick house?

A. Coulter. I don't know.

Prisoner. She paid for the beer, and had her money in her hand; there was a country-man came along with her, and talk'd to her all the way.

A. Coulter. The prisoner never made mention of a man being with us, neither there or at the justice's; it is all false.

David Field . I am a beadle of St. Giles's, I was coming along my division that night, and went and spoke with my constable; while I was in at the Castle and Faulcon in Holbourn, betwixt eight and nine o'clock, there being a great noise in the street, I went out, where was the prosecutrix crying, who said she was rob'd. I ask'd who had rob'd her, she said that woman (meaning the prisoner) I said of what, she said of all her money, which was 6 s. and 6 d. I took hold of the prisoner, and had her before justice Welch, Who order'd her to be search'd; she said she had no money, but I found two shillings and a penny wrap'd up in an old dirty cap. I said to the prisoner you told me you had no money, how came you by this; she said that was part of the money she rob'd the other woman of. She had concealed it under her arm pit. The justice order'd her to the Round-house, and next day he order'd her to be brought before him again. He then took down the prosecutrix's affidavit, and sent me to look for her husband; he is a taylor. The prisoner also sign'd her own confession The justice bid me take notice of it, she made a mark I saw also Mr. Welch sign it, who read it over to her two or three times, and told her the consequence of it, and she seemed to understand it well; she agreed to every thing, only this, she said she knock'd the money out of the prosecutrix's hand as she was in the street, and took it up; and a man that was there took part of it from her.

The Confession is read in Court.

The purport of it was: That being charged upon the oath of Ann Coulter , said she saw the said Ann Coulter , near Holbourn Bridge, and admits the account given by the said Coulter to be true; and that she and a big-belly'd woman did follow her to the Six Canns, a publick house in Holbourn; That she desired her to quit that way of life she was in, that she saw her pull out her money, and followed her into the street, and there told her she might give her some of it; that Coulter answer'd, what should I give you my money for, that the said Coulter struck her, and in the scuffle the money flew out of her hand, that she took up four shillings of it, and a man took two shillings of it from her, and the officer took the other two shillings.

Prisoner's Defence.

When she had hit me three or four times, I hit her again, and knock'd the money out of her hand. I pick'd up four shillings, and a man came and took some of it out of my hand; the other two shillings were my own. I have been about seven months from Maidstone in Kent, but was born at Liverpool in Lancashire. My friends are come up from thence, and have liv'd ten years in Old-street-square. I am but seventeen years of age.

Guilty of single Felony .

[Transportation. See summary.]

62. (M.) Christopher Bagdurf was indicted for stealing twenty four linen shirts, value 20 l. thirty-two pair of cotton and thread stockings, value 50 s. three pair of cloth breeches, value 3 s and one linen frock, value 2 s. the goods of William Williams , December 24 ++

William Williams . I lost the goods mention'd in the indictment from on board an Indiaman. The prisoner ran away from the Dutch settlement in Batavia, and came on board the ship I belong to.

Q. What ship is that ?

Williams. The Oxford; she lay at Blackwall .

Q. How long had he been on board that ship?

Williams. Fourteen months. I came to London, and sent for my box, which I had left lock'd with all the cloaths in it, and when it came there was nothing in it. I inquired of the boatswain's boy, who told me he had seen the prisoner with some of my cloaths.

Q. When did you miss them?

Williams. On the 3d or 4th of December last. I met with the prisoner at the Hamburgh-Arms. on Tower-Hill, with my frock, a waistcoat, a shirt, and a pair of stockings on. I charged him. He told me not to make a noise, and said he had got some other things of mine upstairs (the frock and stockings produced in court, and deposed to) and delivered one pair of breeches to me. He got away from me that time, and I have never seen the waistcoat nor shirt since. He told me he did not know any thing of the rest of them, and said a Dutchman, that is gone for a soldier, he thought had them; that the boatswain's boy lent him these things to come to London in, and the other things he found in the Dutchman's hamack. (A coat, waistcoat, and four pieces of cotton produced in court.) These he delivered to the boatswain's boy, who delivered them to me. I never saw him 'till last Friday was seven-night, when I secured him, and carried him before a justice of the peace. He said he found all the goods in the hamack, and delivered some of them to the boatswain's boy.

Joseph Medley . The prisoner came home in the ship which I did. I received this coat from the prisoner (taking it up.)

Prosecutor. That is my coat.

Medley. I received also a blue silk waistcoat, (taking it up. )

Prosecutor. That also is mine.

Medley. The prosecutor left his chest in my care, but I can't say whether it was lock'd or not; neither do I know what goods were in it. I heard the prisoner had got some of his things, so I desired he'd let me have them, and he gave me these things.

Q. Did he give them to you as Williams's goods ?

Medley. He did, and said that Williams gave them to the Dutchman that is gone for a soldier, (whom we call'd the Sech Roterdamer) to put in his chest, his chest being full, and the Scotch Roterdamer delivered them to him.

Prisoner's Defence.

The Dutchman that is gone for a soldier told me he would give me his hamack if I would take care of these things for him, so I took them under my care. When I found they were the prosecutor's property I delivered them to the boy; but having no cloaths I said I'd put on the frock, waistcoat, and shirt, and deliver them when I saw him again.

Guilty .

[Transportation. See summary.]

63, 64. M. Phineas Ray and Elizabeth his wife , were indicted for stealing nine hempen sacks, value 9 s. the property of William Hunt , Dec. 15 . *

William Hunt. I keep a wharf in St. Catherine's , by the Tower, where flour is brought, and lies for a market. When it is sold, we send it out in carts. Since the 20th of July we have lost eleven sacks full of flour from the wharf, at different times. On the 15th of December I was alarm'd by the dog in the house, at about two in the morning; the watchman call'd to us to come down, and said they had taken a thief. I went down, and they had got the man at the bar in custody. We saw a boat just under the wharf, with a pair of sculls in her. Whatever is stole must be carried off by water, for we are lock'd up forwards. We found a coat lying upon the sacks on the wharf, which the prisoner denied being his coat, but the justice ordered him to put it on, and it fitted him very well. He was committed to New-Prison, and a search warrant granted to search his house. I was not there, but the constable brought a parcel of sacks, which he said he found there; they are here in court.

Q. Where did you see his wife first?

Hunt. Not till we were before the justice.

Cross Examination.

Q. Where-abouts is your wharf?

Hunt. It is betwixt Irongate and St. Catherine's.

Q. In case any thing is lost are you responsible for it?

Hunt. I have paid for several things that have been lost.

Q. Do you remember the marks of the sacks that were lost since July ?

Hunt. I do.

Q. How were they mark'd ?

Hunt. One was mark'd H. H. two I. C. F. two E. T. one I. F. two W. D. two S. W. and one J. Bell. There is a factor in town that sells the flour, his name is Walton.

Q. Did you see the prisoner taken ?

Hunt. No, they had him in custody first.

Q. What number of sacks were there on the wharf ?

Hunt. There were twenty-two sacks, they lay eleven high.

John Roberts . I am Mr. Hunt's housekeeper. I saw the man at the bar, on the 15th of December, about two in the morning, standing by the side of the tier of flour. I went and call'd the watchman, and when we came, he had got on the top of the flour, where we took him. There was a boat made last to a lighter, close by the wharf, with two sculls in her. I found a coat very near where the prisoner was, laid down on the sacks of flour. We took him before the justice, and had a warrant granted to search his house. I was a the searching it. We found one sack nail'd up against a window, and eight betwixt the bed and the bedding. (Produced in court.) I have heard my master say many times before this, that he had lost eleven sacks.

Q. to prosecutor. Look at these sacks.

Prosecutor. I can speak to five of them; the others I cannot. Here is one S. W. one I. F. one E. T. and two I. C. F.

Q Do you swear to them from any particular knowledge, or from the marks ?

Prosecutor. I would be understood: I do not swear to them, I say they are the marks of several dealers that had sacks lost at our wharf. I don't swear these are the identical sacks. Every man has his particular mark. There may be a great number of sacks mark'd with one of these marks, that do not come to my wharf.

Q. How many sacks do you apprehend to be Mr. Walton's ?

Prosecutor. Here are two; they come in the Colchester vessels, and are mark'd I. C. F.

William Sturges. I am a waterman; my boat was stow'd very safe on the 14th of December, about seven o'clock at night, on the upper side of Catherine-Stairs, and the inside of all the boats.

Q. How near is that to Mr. Hunt's wharf ?

Sturges. It is about two boats length from the wharf.

Q. Did you row her up to the wharf ?

Sturges. No, I did not; I was in bed. I found her the next morning under that wharf, with another waterman's sculls in her.

Q. What is that man's name ?

Sturges. His name is Daniel Asbury , at Iron-Gate; my own sculls were in a publick-house, where I leave them.

Thomas Gurphy . I am a headborough. That night the horsekeeper watch, about two o'clock. I went, and we took the man at the bar on the sacks of flour on the wharf.

Christopher Gardner . I am a constable. On the 15th of December last I searched the prisoner's house, where I found a sack hanging up at a cellar window, and between his bed and the sacking I found eight more; but four of them had not the marks on them as Mr. Hunt has described. The justice had given me an order to bring the person or persons with me, in whose possession I found the sacks, so I brought the prisoner's wife before him.

Q. What is the prisoner?

Gardner. He is a baker : I always look'd upon him to be an honest man.

Q. Do you think it is a mark of honesty to be found, at such an hour, in the gentleman's yard?

Gardner. No, my Lord; I don't say that.

Prisoner's Defence.

My father deals with Mr. Walton, and these sacks had been changed where I buy my saw dust and shavings.

For the Prisoner.

Frances Ray . I am sister to the prisoner, and live with my father, who is a baker; he deals with Mr. Walton, by virtue of which he frequently has his sacks. The prisoner has had flour in sacks from my father several times, some of which were mark'd I. C. F. S. W. and I. F.

Enoch Walton. I am a meal factor, and lodge my flour at Mr. Hunt's wharf. I have dealt with the prisoner's father several times; he has had several sacks with two or three sorts of marks: I don't remember any mark'd I. C. F. I remember he has had some S. W. and I. F. He has had some of me every month for twelve months, three or four in a month. We never particularly take notice of the marks.

William Storton . The prisoner has dealt with me a great while for shavings, he has sent sacks to be filled, we take no notice of the mark, but fling them on a beam, and the first that comes takes away a full one, and leaves his empty sack in the room of a full one.

Benjamin Long . I keep a publick house in the prisoner's neighbourhood. I have known him about four years. He bears a very good character, and is an industrious man,

Joseph Dawns . I am a barber and peruke-maker. I have known the prisoner some years. I never heard any thing amiss of him before now.

John Wierson . I am a butcher. I have known the prisoner about six years. I never heard any ill of him before this.

Benjamin Ray . I am brother to the prisoner; he always behaved well to his friends, and I never heard any thing amiss of him.

Both Acquitted .

65. Nicholas Wade was indicted for stealing one cloth coat, one stuff waistcoat, and one pair of thread stockings , the goods of Joseph Savory , January 9 .

The prosecutor not appearing he was acquitted .

66, 67, 68, 69. (M.) Thomas Clark was indicted for stealing ten pair of shoes, value 20 s. the property of Thomas Conner , Jan. 2 . and Thomas Newton for receiving two pair of the said shoes ; Charles Gorley and Elizabeth his wife , for receiving seven pair of the said shoes; each well knowing them to have been stolen .*

Thomas Conner. Thomas Clark is my apprentice. I can only say the shoes mention'd in the indictment were my property.

Mary Conner . I am wife to the prosecutor. Last Monday was se'n-night, about seven at night, I sent Clark up stairs, and hearing the water coming in, call'd him down to save some. Mrs. Burket said to me when he was gone out, there is a budget of something stands out under the boy's coat. I call'd him back in a hurry, under a pretence to send him for a halfpenny worth of snuff. He went for the snuff, and I followed him till he came home, to see if he did not put any thing out of his pocket. At his coming in he pull'd the door from the wall, and threw something down. Mrs. Burket call'd for a candle, and we went and found a pair of shoes behind the door in the entry; then I sent him up stairs, and followed him. I took up a pair of shoes from one of the men's seats where they work, and ask'd how they came there. Newton made answer, that they were a pair of shoes that I had sold the week before, and they were brought to him to have some sprigs put in them. The next morning I call'd Clark down to open shop, and talk'd with him two hours, and then I sent for a constable. Then he said he would confess all, if I would not let the constable come. Then he said there were two pair up in the garret, and one pair Newton had carried to pawn the night before, and was just come back when he went up stairs from fetching the snuff, and that he had stole two pair on the Sunday was se'n-night before, which he said Charles Gorley had had of him, and that he had taken four pair more. After that I went up stairs with Clark, and bid Newton give me the shoes he had taken. Newton took out a pair from each side pocket. Then I said give me the other pair you have got; he said he had carried them to pawn. The boy took 18 d. out of his pocket, and said Newton had a shilling of what they were pawn'd for. Newton took the 18 d. and went and fetch'd the shoes home again

Deborah Burket. On Monday night was se'nnight as I was sitting in Mrs Conner's room, I observed the boy to have something concealed in the skirt of his coat, and told Mrs. Conner of it; he was gone out of the room, she call'd him back, and order'd him to go and fetch some snuff; she laid hold of his arm, but he would not come in; he ran away, and she after him. As he came in again he pull'd the passage door from the wall, as it was open, and I saw him stoop and throw something behind it. His mistress followed him. I went, and we found a pair of shoes behind the door. The next morning I heard the boy own he stole them.

Clark's Defence.

I should not have been guilty of it, if Newton had not prompted me on to do it.

Newton's Defence.

I don't chuse to plead till I have the goods that I am charged with.

Court. What do you mean by that?

Newton. The goods are brought here against me in order to prosecute me, and till such time that the goods are in my hands, I will not plead.

Clark and Newton Guilty .

Gorley and his wife Acquitted .

[Transportation. See summary.]

70. ( M.) Jane Preston , spinster , was indicted for stealing one linen sheet, value 2 s. 6 d. the property of John Bradshaw , Jan. 5 . +.

Elizabeth Bradshaw . My husband is named John Bradshaw . The prisoner was a servant to me, when I was a widow; she came to see a lodger of mine, about two months after she left my service, and staid about an hour.

Q. When was it she came?

E. Bradshaw. Last Wednesday was se'n-night; that night I missed a sheet from off the children's bed, when I went to put them to bed in a two pair of stairs room backwards.

Q. Where-abouts was the lodger's room whom she came to see ?

E. Bradshaw. It was in a garret, over the room my children lie in. I suspecting the prisoner, took her up this day week, and charged her with it, when she own'd she had stole it, and had pawn'd it for 18 d that very evening.

Mary Alliss . I am servant to a pawnbroker. The prisoner pawn'd this sheet to me (producing one) in the name of Mary Lewis , on Wednesday fe'n-night at night for 18 d. My master's brother ask'd her where she had it; she mentioned some place a great distance from us.

Q. Did she say it was her own?

M. Alliss. She did not say but that it was.

Q. Did she own it to be her own?

M. Alliss. I did not hear her say that.

Q. What is the value of it?

M. Alliss. I believe it may be worth three half crowns.

Prosecutrix. This is my sheet, which I lost that night.

Prisoner. I took the sheet from off the bed, and pawn'd it, but the pawnbroker did not ask me where I got it.

Guilty .

[Whipping. See summary.]

71, 72. (M.) James Willis was indicted for stealing forty yards of silk ribbon, value 4 s. the property of Hannah Cros-by , and Ann Davis , spinster , for receiving the same, well knowing the same to have been stolen . Dec. 10 .*

Hannah Crossby . About the 3d or 4th of December I missed two or three pieces of ribbon, which were taken out at the square of the window which was broke. My maid put a pocket handkerchief to that place, and tied a string to that, and the other end to the bell. On the next night but one, being Dec. the 10th, two or three little boys were drawing that handkerchief thro' the window, and the bell rang. We went out and took two of them, but neither of them the boy at the bar. They gave us intelligence where this boy's father and mother lived; then we took them before justice Welch, and they were discharged. On the Monday following we took this boy at the bar, and he was committed to Bridewell; where he said he and his cousin had given the ribbons to a young girl, but we could never take that other boy. Two or three days after this the boy's mother told us she had seen the girl at the bar mother with some ribbons I went to her lodgings, and there I found about a yard of four different patterns of ribbons, all figur'd. This was in Brown's-Gardens, St. Giles's. The girl's mother said the girl had them in Covent Garden. We took up the girl, and she confessed she bought a great deal of ribbon of this boy at the bar for a shilling.

Q. How old is the boy ?

H. Crossby. I am informed he is but nine years of age.

Ann Davis. I am not thirteen years of age.

As the boy was not capable of distinguishing between good and evil , so no felony, and if no felony no accessary, wherefore they were both acquitted .

73. (M.) Henry Fry was indicted for that he on the 30th of September, 1757 , did marry Elizabeth Paterson , widow , his former wife Sarah being then living . ++

The Reverend Thomas Atwood. I think I have seen the man at the bar before, but I can't take upon me to swear he is the man that I married at St. Margaret's, Westminster. I am curate there. ( He produced a paper.) This is a true copy of the register of the marriage of Henry Fry to Sarah Walley , widow , on' the 31st of January, 1756. I signed the original with my own hand.

Walter Douglas . The prisoner was married pretty near two years ago to a woman of Deptford, whose maidess name I have forgot.

Q. Where were they married, and by whom?

Douglas. At St. Margaret's, Westminster, by the Reverend Mr. Atwood.

Q. Was you by at the time?

Douglas. I gave her away in marriage.

Q. Do you know her name if you hear it?

Douglas. I do.

Q. Was it Sarah Walley ?

Douglas. Yes; her father is a sail maker at Deptford.

Q. When did you see her last?

Douglas. I saw her on the 19th of last month.

Q. Was she then alive ?

Douglas. She was living then.

Cross Examination.

Q. Where did you see her on the 19th of last month ?

Douglas. In St. Thomas's-Hospital, in the Borough.

Q. Was she ill?

Douglas. I believe she was in a salivation there.

Q. How long had she been there?

Douglas. I don't know how long.

Q. Do they usually let men go to see women there in salivations ?

Douglas. Nobody endeavoured to hinder me.

Q. Did you go on purpose to see her?

Douglas. I was going that way, and I met with the last wife's brother, who desired me to go in and see if it was the woman that Mr. Fry was married to. She told me she would not appear against him.

Q. to Mr. Atwood. Do you recollect seeing this witness before?

Atwood. I remember him more particularly than I do the prisoner.

Q. Did you marry him by licence or by banns?

Atwood. By banns. I remember that witness giving the woman away. Here is his name to the register, as a witness.

Q. Do you recollect his face ?

Atwood. I do.

Cross Examination.

Q. Did you publish the banns?

Atwood. They were duly published three times, which is always entered in the banns book by the person that publishes them. This was three times entered.

Q. By whose hand were they entered?

Atwood. I don't remember whether they were published the three times by me, or by any clergyman that officiated for me.

Q. Can you, upon your cath, say you publish'd it any one of the times?

Atwood. I can't be positive to that, but I can positively swear they were asked, because I have seen them entered in the book. Every Sunday, after the banns is ask'd, the clerk brings me the banns book, when I put down, '' Asked on such '' a day of the month, by me, Thomas Atwood .''

The banns book sent for, and produced.

Atwood. This is the original banns book. Here it appears that Henry Fry and Sarah Walley , widow, were ask'd on Sunday the 11th of January. This is put down by my hand; Sunday, the 18th of January, put down by Thomas Wilson , minister; and on the 25th of January, by my hand.

Elizabeth Fry . My former name was Elizabeth Paterson . I was married to the prisoner at the bar at Chelsea-Church, by licence, on the 30th of September last.

Q. Who married you?

E. Fry. Mr. Gardner did. The prisoner has spent my substance, and proved a very bad husband to me.

Q. Who gave you away to the prisoner?

E. Fry. The clerk of the parish did.

The Reverend Mr. Gardner. I can swear positively that I married this woman; here is the licence. ( Producing one. ) Here is the seal of the archbishop on it. I can't take upon me to say the prisoner is the man. There were two witnesses at the wedding. Here is the copy of the register with the two names to it, Francis Chappel and George Goodier (producing it.)

[ The certificate of the marriage of the prisoner to Sarah Walley read in court. The witnesses to the marriage were Walter and Martha Douglas .]

Prisoner's Defence.

The woman that I was married to first went away from me on a quarrel, betwixt twelve and one o'clock one night, and I have never heard of her since. She left me a young child. I sent a letter to her parents, and after that went to her mother, who told me her daughter would never see my face more. I since heard she was gone to North-America, and after that her mother told me she was actually dead. After that I happen'd to fall in company with this woman, who was more fond of me than I was of her. Nothing would do but I must marry her, and she has intirely ruined both my character and trade.

For the Prisoner.

Onosiphorus Gardner. The prisoner at the bar desired me to go with him once to Deptford, to see his wife's father and mother.

Q. What are their names?

Gardner. I can't tell that. I was there, I believe, about two hours, and talk'd to the mother very much; her daughter being gone away from her husband, and not to be found.

Q. Who did you inquire for?

Gardner. We inquired for Henry Fry 's wife.

Q. Did you never know her maiden name?

Gardner. No.

Q. How do you know it was his wife's father and mother you inquired of ?

Gardner. Because the mother mention'd her as her daughter. I don't know my next-door neighbours sometimes.

Nicholas Campbell . I have only known the prisoner since he married the widow Paterson.

Q. What is his general character ?

Campbell. I never heard a bad one of him.

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

Campbell. I heard he was a little given to drinking. The widow Paterson was a tenant of mine. After they had been married six weeks or two months, she came to me, and asked me to be so kind as to lend her husband 10 l. that she might get him arrested, and sell her goods and get clear of him, for she was afraid of being murder'd.

James Hains . I have known the prisoner ever since he has been married last.

Q. What is his character ?

Hains. I never heard any harm of him.

Q. Did you ever hear any good of him?

Hains. I never heard any harm.

Henry Jackson . I am a haberdasher, and the prisoner is a taylor. I have served him with goods, have known him some time, and never heard any ill of him.

The prisoner being a soldier called his sergeant, who deposed that he behaved well as a soldier; but when he got in liquor he was crazy.

Guilty .

[Branding. See summary.]

74. (M.) Elizabeth, wife of John Allen , was indicted for that she, on the 20th of November , about the hour of twelve in the night of the same day, the dwelling house of Daniel Field did break and enter, and two cotton gowns, value 20 s. one crape gown, value 5 s. one linen gown, value 18 d. one callimanco petticoat, value 3 s. two other petticoats, one pair of slays, value 2 s. eight linen caps, six linen handkerchiefs, three linen aprons. and two pieces of cotton, the goods of the said Daniel, did steal in his dwelling house . +

Mrs. Field. I am wife to the prosecutor, and we live at Finchley . We went to bed on the 20th of November last, about nine o'clock at night.

Q. What servants do you keep ?

Mrs. Field. We keep none at all. There were a man and his wife lodged in the house, but they went to bed before us.

Q. Did you see all was fast when you went to bed?

Mrs. Field. The doors were fasten'd as soon as it was dark, lock'd and bolted

Q. How many doors have you to your house ?

Mrs. Field. We have two; one has two bolts, and the other a lock and a bolt.

Q. How were the windows fasten'd?

Mrs. Field. They were fasten'd as usual.

Q. Was there nobody in your house that night but you and your husband, and the two people ?

Mrs. Field. Yes, my three children one betwixt six and seven years old, another betwixt eleven and twelve, the other thirteen and three relations that came to see us; but my husband and I went to bed last, and arose together in the morning a little before seven o'clock.

Q. Did you hear any noise in the night?

Mrs. Field. No, none at all The man that lodges in my house got up before me came to the stair-foot, and ask'd who was up, nobody. He said, I thought you had been washing, for here are the cloaths scattered about upon the floor.

Q. What is his name?

Mrs. Field. His name is Hapworth. When we came down, we found the window was broke, under where I lie, and the back door open.

Q. How was the window broke?

Mrs. Field. The glass was broke, and the shutter open'd; the key of the door was left over-night on the inside. I missed two cotton gowns, one of which was taken from out of the room I lie in, one bed gown, one quilted petticoat, two under petticoats, and my stays.

Q. Did you not lock your chamber door?

Mrs. Field. No, we left that open because we would hear the children if they wanted any thing. The other cotton gown and a crape gown, a quilted petticoat and a baize-petticoat, were taken out of a chest in the next room to where I lie. I missed a handbox with 6 handkerchiefs, 8 caps, 4 pair of ruffles, and two pieces of cotton to make frocks of, from out of my room; likewise a pair of shift sleeves with ruffles sewed to them, and 3 colour'd aprons, from out of the room they first broke into, and a shift and a petticoat from out of the passage. I could not tell who to suspect.

Q. Did you know the prisoner before ?

Mrs. Field. No, I never saw her before I saw her in New prison with some of my cloaths on her back.

Q. How was she apprehended ?

Mrs. Field. She was taken up in Rosemary-Lane, as she was selling some things belonging to Mr. Coleman, who has another indictment against her for breaking his house and stealing things.

Q. What things of your's had she on?

Mrs. Field. A gown, petticoat and handkerchief. I charged her with stealing them from me. At first she denied it, and said her husband brought them from Scotland. I went to justice Welch, and gave an account of what I had lost, and what I had seen on the prisoner's back. He sent for her, and going along she denied it, but at last said she would tell all before the justice.

Q. Did you get any of your things again ?

Mrs. Field. I had several of them again. Before the justice she said, that herself and two more a man and a woman, broke the window with a penknife, thro' which they all got in, then opened the door, went all up into my room, and saw us asleep in bed, and that she came down and stood at the door, till the others brought away the things.

Q Did she confess they took all the things mention'd in the indictment?

Mrs. Field. She did. She said if I did not find them the other woman had them, but she could not tell where she was. I found some of the things again; a cotton gown, a petticoat, and 2 pieces of cotton, at Mr. Towers's, in High-Holbourn, and a shift and quilted petticoat, which the prisoner had sold to one Sophia Philips , in Gray's Inn-Lane; the rest of the things she said were in Catherine's-Lane, where she lodged. There were a crape gown, a bed gown, two petticoats, two caps and a handkerchief, at the house of Margaret Holt . We went to these places by her direction, she going with us ( produced in court, and deposed to.)

Daniel Field . I am the prosecutor. I saw the prisoner come to our house the morning before the robbery, to ask charity.

Q. Did you ever see her before that time?

Field. No.

Q. How was the window of your house broke open?

Field. There was a pane of glass broke, by which means they could put in their hand and open the window, and so get in.

Q. Can you give any farther account than what your wife has done?

Field. No, I can not; I heard the prisoner's confession, as my wife has related.

Martha Towers . I keep a sale shop, at the Ship and Shears in High-Holbourn. The prisoner at the bar came to my shop about six weeks ago, towards eleven in the forenoon, and I bought a gown, a petticoat, and two pieces of cotton of her.

Q. Look among these things, and see if you know them ?

Martha Towers . These are the same things ( taking them in her hand) to the best of my knowledge. I bought another flannel petticoat of her, but that I sold again.

Q. What did you give for them all ?

M. Towers. To the best of my knowledge I gave 11 s. 3 d. for them.

Q. What was that petticoat worth that you sold?

M. Towers. That was worth a shilling.

Prosecutor. The constable and I found some things at the house of Margaret Holt .

Thomas Witts . I am a constable. [He produced a gown, two petticoats, a bed gown, two caps, a pair of ruffles, and a handkerchief, which were deposed to by the prosecutor's wife. ]

Charles Smith . I am a constable, I was sent by justice Welch with the prisoner to find out the black quilted petticoat, where she said she had sold it She said she did not know the name of the place, but I followed her. She went to the house of Sophia Philips , and there I found it I heard the prisoner say, there was a man and a woman concern'd with her in breaking the house, and stealing the things.

Q. Did she saw what were their names ?

Smith. She said their names were John and Sarah Cotter .

Prisoner's Defence.

I came from Scotland, and have no friends here. My husband is a soldier, and is now at Portsmouth, and was gone a fortnight before I was put in consinement. Cotter and his wife did not come from Scotland with me, I met with them in the house where I lodg'd.

Guilty , Death .

There was another indictment for a crime of the same nature at Hendon, but being cast upon this, the court did not try her for the other.

75, 76, 77. (M.) John Hodgkins , William Jenkins , and Eleanor Hodgkins , otherwise Gladman , were indicted for stealing twelve china cups, value 6 s. twelve china saucers, value 6 s. and two china basons, value 2 s. the property of James Head . Dec. 18 . +

James Head . I live in Charles Court, Hungerford Market .

Q. What is your business ?

Head. I am a painter . Last Sunday was a month the things mentioned in the indictment were stole out of our shop.

Q. What shop do you keep?

Head. My wife keeps a chandler's shop, and sells china-ware and glasses. We were out that day at dinner, so know nothing of my own knowledge of the taking them ( he produced twelve cups and eleven saucers) one of the saucers is broke since; there were two basons taken away, which I never saw since.

Q. Was your door left open?

Head. My son was at home, and the door commonly stands a-jar.

Q. How old is your son?

Head. He is about eighteen years of age. There is one of them admitted an evidence, who can give a farther account.

Thomas Bates . My mother is a weaver. I did use to live with her, and work at her business, but she being poor, her goods were seized. Then I and John Hodgkins went to sea. When we came back we went and lodged together in Fleet-Street, in Hanging Sword Alley.

Q How have you got your living ?

Bates. I work'd with the plaisterers. When we could not get us masters to go to sea we went in a hoy that traded backwards and forwards. Jenkins was not concerned with us in this affair.

Q. How did you take these goods ?

Bates. Hodgkins and I went to Drury-Lane, about two o'clock on a Sunday, about six weeks ago; we wanted some of our play-fellows to go with us to take a walk. We found a broker's apprentice, his name I don't know, and we went together to the park; and going home, Hodgkins said, TomI am very hungry, let us go and get a half penny worth of bread in that chandler's shop, the door is open. This was at the house of the prosecutor. Hodgkins went in first, and I followed him; they said they had no bread.

Q. Who did you see there?

Bates. There were the prosecutor and his son, both reading by the fire.

Q. What time of the day was this?

Bates. I believe it was about six o'clock. We knock'd at the counter, they did not see us at first; we ask'd for bread, and were told they had none; there were two doors to the house, it is a corner house. We went out, they came and shut the door after us, we went round to the other door, and that was open. I went into the shop, we had both seen the china, and agreed to go in for it. Hodgkins came in. I took six cups; and six saucers, and a bason, all china, and handed them to him; then we went out and ran thro' a court.

Q. Did you see any body at your going in the second time?

Bates. No, not in the shop. The young man was reading as before by the fire, and his father by him.

Q. Could they have seen you?

Bates. They could if they had look'd. We said we thought that was not enough. He put them into his pocket, and came back again, and I went in and took another half dozen of each, and gave them to him, and we ran away to Covent Garden with them. I took at that time a bason, but it was join'd.

Q. Did you see any body the second time?

Bates. They were there just as they were before. Hodgkins broke one of the large saucers, and put the little half dozen of cups and saucers in my pocket. Then we went to the shop of Mr. Price, a cook's shop in Drury-Lane, and had some victuals. We asked leave to leave them there, and he said we should be welcome.

Q. How did you pay for your victuals?

Bates. We had money in our pockets to pay for that. Mr. Price thought we had the china from on board a ship; and there was a man in the shop that said he would sell them for us, if we would come to him to-morrow. We went the next day, and the man was gone. Then I went to a man with whom I had been servant, and told him we brought the china from on board a ship, but he would not buy them, fearing we did not come honestly by them; he said he hoped we did not steal them, and that he would have nothing to do with them, except I went and brought my mother to him in the morning. We asked leave to leave them there, and went home and told Mrs. Hodgkins, the boy's mother that is now at the bar, and she came along with me to my master; in the morning my master was gone out, and my mistress said, Tom, your master does not chuse to have them. Then I put them into my hat, all together, and then into her apron at the door, and she took them to her house. She put them into papers, and we went into Holbourn and sold them that same night, being Tuesday, for 7 s. 6 d.

Q. Who sold them?

Bates. She did, and gave the money to her son, who gave me three shillings and nine-pence; then we went to an alehouse and had two pots of beer, where she asked me to give her a shilling, which I did; after that we fell out, and I ask'd her for it again.

Q. How came you to be taken up?

Bates. The two boys at the bar and I went to Carnaby-market, to make an attempt upon a till, being very hungry, and we were taken up.

Q. to prosecutor. What time did you come home that night ?

Prosecutor. I did not come home till near nine o'clock.

Q. to Bates. Can you be exact as to the time you took the china?

Bates. I think it was about six o'clock. - Jack, what time was it -

Q. Are you sure it was the prosecutor whom you saw?

Bates. To the best of my knowledge it was.

Q. to prosecutor. Have you the person that bought the china?

Prosecutor. Justice St. Lawrance granted a warrant to take up that woman, but the grand jury threw out the bill at Hick's-hall.

John Hodgkins's Defence.

He went into the shop and gave them to me at the door. I did not go into the shop, and was but fourteen years of age last October.

John Hodgkins guilty .

Jenkins and Eleanor Hodgkins acquitted .

[Branding. See summary.]

78. (M.) Elizabeth Wale , spinster , was indicted for stealing three shillings and six-pence in money number'd , the money of Francis Flower , Dec. 31 . ++

Francis Flower . I live in Jermyn Street, St. James's , and am a tallow-chandler ; the prisoner was my servant , she came to me about half a year ago.

Q. Where did she come from?

Flower. That I don't know; she was servant to the person whom I succeeded.

Q. Had you a character with her?

Flower. No, I had not. On Saturday the 31st of December my journeyman Joseph Mason told me that some person in the house was dishonest, he having several times missed money out of the drawer, and that particularly on the Wednesday before he had lost half a crown from the till in the drawer, which the apprentice was also sure was missing, he knowing what was in it at the time. I thought it necessary to lay a bait to find out the person that took the money, and that very evening, having occasion to go out, I mark'd nine shillings, three six-pences, and six pennyworth of half-pence, all with the letter A upon them; the journeyman and apprentice both saw me mark them, and put them into the drawer. I took out all the other money, and order'd none to be put in or taken out; this was on the Saturday night. Immediately my wife and I went from that house to another which I have in Holbourn, and left the care of the house to our servants.

Q. What servants had you there?

Flower. The journeyman, apprentice, prisoner, and porter. I was afterwards told the porter and maid took their evening walks when I was gone. When I came home the journeyman told me he had missed of that money 3 s. and 6 d.

Q. How came he to meddle with it?

Flower. I order'd him only to look at it, and if he found any gone he was to borrow some money of the maid or the porter, whom I suspected, under some pretence or other.

Q. Do you usually leave the till open?

Flower. We do; but we seldom leave much in it.

Q. Did the maid use to serve in the shop, or put in or take money out of the drawer?

Flower. Very seldom; when we were out of the way she might serve a customer.

Q. What time did you go away on the Saturday night?

Flower. About eight o'clock.

Joseph Mason . I am journeyman to Mr. Flower. I missed three shillings and six-pence of the money that was put into the drawer, and borrowing two shillings of the prisoner at the bar, I found one had the mark on it which my master had made, the other had not.

Q. Produce that which is mark'd.

Mason. Here it is (producing one, which the jury look at.)

Q. Did you tell her of it?

Mason. I did not, till my master came home.

Q. Did you tell any body of it before he came home?

Mason. Nobody but the apprentice, who had missed the half crown before, as well as myself.

Q. Did you search her pockets?

Mason. No, we did not.

Prisoner. I own the fact. I am a great way from my friends.

Guilty, 10 d.

[Whipping. See summary.]

79. (M.) Elizabeth, wife of John Taylor , was indicted, for that Elizabeth Chetham did steal one linen apron, value 1 s. 6 d. the property of William Harvey , and that she, the said Elizabeth Taylor , on the same day. to wit, on the 13th of August , the same did receive, and have, well knowing it to have been stolen . +

[The principal not being taken the prisoner agreed to take her trial the same as if the principal had been tried, and found guilty, and her consent was recorded.]

Mary Harvey . My husband's name is William Harvey . I am a washerwoman, and live in Clerkenwell parish . The prisoner lives in St. John's-Street . All my acquaintance with her is through Elizabeth Chetham , who used to wash for me. I met her on a Wednesday, about four months ago, near the Pound, in St. John's Street. She proposed to go along with me to the pawnbrokers, to see if we could find any things that I had lost, I having been rob'd a great many times.

Q. Had she ever work'd for you?

M. Harvey. No, she had not.

Q. How was she to inquire?

M. Harvey. To inquire whether any thing was pawn'd in the name of Elizabeth Chetham . We went to a pawnbroker in Benjamin-Street, near Cow-Cross, where the man was very cross, and would not look for any thing in that name. The prisoner said she knew Chetham used that shop, for she had been with her several times when she had pawn'd things there. After that I had some business up in Bloomsbury, with my lady Haines; the prisoner told me she had been there along with Chetham several times.

Q. What was this Chetham?

M. Harvey. She was a washerwoman of mine.

Q. Did she steal this apron do you know?

M. Harvey. I don't know that she stole it, but it was missing when she work'd for me. The prisoner at the bar pawn'd it, and said she had it of her; they were bedfellows together.

Q. Where is Chetham?

M. Harvey. I don't know.

Q. Have you seen the apron since?

M. Harvey. I saw an apron at a pawnbroker's shop, and described the marks of it. He took it down, and it was mark'd as I said.

Nathaniel Warner . I am a pawnbroker, and live at the Three Golden Balls, in St. John's-Street. The prosecutrix came to my house on the 17th of September, and asked for things pawn'd in the name of Chetham, and then in the name of the prisoner. I searched about, and found an apron in the name of the prisoner. She said she knew where the person was to be found that pawn'd it, and went and brought the prisoner, as I had said I would not part with it 'till I saw that person.

Q. How did she describe it?

Warner. She said there was a mark of blue upon the hip. The prisoner said she would make satisfaction to her for it. I went with them before the justice, where the prisoner confessed she came along with Chetham to pawn the apron.

Q. Do you remember their coming with it?

Warner. I remember the prisoner coming once with a woman, and pledging a thing for a shilling: I believe this to be the same, but I can't prove it.

Prisoner's Defence.

The prosecutor has been shew'd Chetham, and she said she would not take her up.

Acquitted .

80. (M.) William Driver was indicted for stealing one she-ass, value 2 s the property of Caleb Gratton , Esq ; November 24 . +

George Mackarel . I am servant to the prosecutor. We lost a she-ass about the 24th of November.

Q Where did you lose her from?

Mackarel. She went in the fields, and in the yard.

Q. Where does your master live?

Mackarel. He lives in Essex , at a place called West-Thorock .

Q. What have you to say against the prisoner at the bar ?

Mackarel. I don't know that he stole it, but I saw him about our yard at the time. My master has a little farm in his hands, and the man that manages it agreed with him to thresh in the barn. We gave him leave to lodge in the cow-house, and that evening we lost the afs, and never saw the man after.

Q. Did you know him before?

Mackarel. No.

Q. Did you ever find the afs again?

Mackarel. Yes, we found her again. We made inquiry at Stratford turnpike, and about a week afterwards found her at Andrew Guy 's house, at Hackney.

Andrew Guy . The prisoner at the bar brought a she-ass to me about the 25th or 26th of November, about nine o'clock in the morning.

Q. Where do you live?

Guy. I live at Hackney.

Q. Did you ever see him before?

Guy. No; he asked me if I wanted an ass, and I bought it of him.

Q. What did you give him for it?

Guy. I gave him a guinea for it. I asked him if he came honestly by it. He said it was his and his brother's.

Q. What did he ask you for it?

Guy. He ask'd me two guineas for it.

Q. Who did he say he bought it of?

Guy. He said he bought it of a woman that goes about the country.

Q. Do you keep asses?

Guy. I do.

Q. How many do you keep?

Guy. I really can't say how many, I believe near three-score. I should not have taken the prisoner if he had not came on the 29th of December with three more to sell.

The prisoner had nothing to say in his defence.

Guilty .

[Branding. See summary.]

81, 82, 83. (L.) James Sleep , Robert Laws , and Matth.ew Johnson , were indicted for deceitfully and unlawfully forging and counterfeiting a moidore, being the foreign gold of Portugal, and not current, by proclamation, in this kingdom, against their allegiance, and against the form of the statute . ++

William Backhouse . I have known James Sleep upwards of two months before the accident happen'd.

Q. What is he?

Backhouse. He is a jeweller , and pass'd for such; but I know nothing of the manner of his carrying on his trade.

Q. How long have you known Johnson?

Backhouse. I have known him about two years; he was a publican, but latterly past for a shoemaker .

Q. Did he keep a publick shep?

Backhouse. Not openly.

Q. How long have you known Laws?

Backhouse. I have known him about eight years; he appeared to carry on the business of a truss-maker, in Birmingham , and I was acquainted with him before I came from thence. I was here about five years before he came. I had a press in my possession, and he and Sleep made application to me for it.

Q. How long is that ago?

Backhouse. It was about two months before the accident happened. They thought they could manage the dye for a moidore, so I submitted to it. We proceeded, and struck the first impression of a moidore by a cast metal blank.

Q. Who was at the doing this?

Backhouse. Sleep and I were present.

Q. Do you know any thing of the metal, the manner of preparing it, and by whom prepared ?

Backhouse. In a moidore we weigh'd eighteen shillings in gold.

Q. Who do you call we ?

Backhouse. I mean all the prisoners and myself. The next was a composition of silver and copper, I believe about three grains of copper in a moidore, and the rest was silver.

Q. Where was this prepared?

Backhouse. At Mr. Laws's house, in Castle-Street, Oxford Market. After the metal was weigh'd it was melted at his house.

Q. Who were concerned in that?

Backhouse. We all four were.

Q. What part of the house was it done in?

Backhouse. In the low kitchen, in a crucible, in what we call a Dutch slove. We melted it into blanks in an iron pair of moulds.

Q. What size was a blank ?

Backhouse. I believe they are to be produced. I delivered them up; they were to sit the dye, which is the size of a moidore.

Q. What was done next?

Backhouse. Then they were filed to the weight; and after they were polished and filed they were corded round the edge, and colour'd by a proper colour. It was a mixture of chymical things that made them of a high colour.

Q. Where did you weigh them?

Backhouse. At Law's house.

Q. Do you know the scales with which they were weighed?

Backhouse. I believe I should, was I to see them.

Q. Look at these scales. (A pair of scales produced.)

Backhouse. I cannot be positive whether they belong to Mr. Sleep or Mr. Laws. These are not the scales they were weigh'd with: I know Mr. Sleep had a pair which were in Mr. Laws's room, and the weights were made of lead.

Q. When you had prepared them, where did you strike them ?

Backhouse. We struck them at my house.

Q When and where did you hitch the edges?

Backhouse. They were done, before they were colour'd, at Law's house.

Q Who hitched them?

Backhouse. Mr. Sleep did with a file, which is what I mean by corded.

Q. Who was at the striking them off?

Backhouse. I believe Mr. Laws might be by once; but Sleep and Johnson were always by to assist

Q What was the manner of striking them?

Backhouse. The dyes were fixed in the press, and the blank la in; then there were obliged to be two or three at the sly to give the impression; that is, to give them a sufficient squeeze to do it.

Q. Who get generally did this?

Backhouse. Sleep, Johnson, and myself; Sleep and I were most in it.

Q Where were the dyes kept?

Backhouse. In Mr Laws's possession.

Q Who was at the expence of this ?

Backhouse. I believe we were all at part of the expence.

Q. How long had you been carrying on this practice ?

Backhouse. As to Mr. Sleep and Mr. Johnson I was but very little acquainted with them, 'till about two months before this accident happen'd.

Q. How many did you make at a time?

Backhouse. Forty or upwards; we all had shares. I always took what was my share, and they the same. Every one put in his complement of money to buy the gold, and every one took their proportion of the money.

Q. What became of the dyes?

Backhouse. I had a little trouble on a very innocent affair, on account of a little iron that I bought, and which I was in trouble about Mr. Johnson went to put off a moidore to one Davis, and he was stop'd. After that he went to Laws's house, and told him of it; he took one of the dyes and threw it into the value, and the other they buried in the garden.

Q. Who first gave information of this before a magistrate ?

Backhouse. I did.

Cross Examination

Council. You seem to have but very slight acquaintance with Sleep.

Backhouse. Yes.

Q. Was not you in custody before you made information?

Backhouse. Yes.

Q. Upon what account?

Backhouse. Upon suspicion of making moidores and halfpence.

Q. Was you in New-Prison?

Backhouse. Yes. A man took my dyes out of my house, and Mr. Fielding was so good as to admit me an evidence.

Q. Was not you charged with some felony?

Backhouse. No, Sir.

Q. What never?

Backhouse. No, only what I mention'd before; I was accused about some iron.

Q What, of stealing it?

Backhouse. No; it was of receiving it, knowing it to have been stolen; but it was proved that I was innocent.

Q Was you tried for it?

Backhouse. No.

Q. Was you at large when you made information of this affair?

Backhouse. I was.

Q. Can you take upon you to say that Laws was ever present when you struck them ?

Backhouse. I cannot take upon me to say he was.

Q. Whose press was it?

Backhouse. It was mine and another person's that is dead

Q. How long had you had it?

Backhouse. We purchased it upwards of three years before I had any connection with the prisoners at the bar.

Q. What was your intent when you purchased it?

Backhouse. With intent to follow the button business.

Q. What use did you make of it before you practised with the prisoners?

Backhouse. I had made use of it in making some half-pence.

Harry Davis I am a shoemaker. I live in Hanover-Yard, near Great Russel Street, Bloomsbury. To the best of my remembrance the prisoner Johnson came on the 30th of August last to my shop to buy a pair of child's pamps. He asked me the price I told him; we very soon agreed, and he pull'd out a moidore to pay for them. Having had a good deal of trouble in taking some gold too light, I had got me a pair of scales and weights. I weigh'd his piece, and found it was within 9 d. of weight. I was in a little hurry, and pull'd out a guinea, and gave him in change, which he took and put in his pocket. Then I cast my eye upon the moidore, more by accident than otherwise, and I thought it look'd odd. I said, friend, where do you live, I wish this may be a good one; he said just by, and after I had ask'd him two or three times over, he said he liv'd in Chapel street, Oxford Road, to the best of my memory - pray what is your name - Johnson, said he. I sent my boy with it to get it chang'd, and to see if it was a good one. Johnson sat all the time in my shop. The boy return'd, and said it was a counterfeit. Then I asked Johnson if he consider'd the consequence of putting off bad money, and told him it was in my power to stop him. He look the guinea out of his pocket that I had given him in part of the change, and laid it down. I let him go, and he took the piece of money with him.

William Marsdon . When Backhouse was taken up by Mr. Fielding's directions, he gave information against many (some not yet taken.) I went with Mr. Chamberlaine the solicitor of the Mint, and I believe about half a dozen constables (I think it was about the beginning of September) to Laws's house in Castle-street, Oxford Market. We had a great deal of difficulty to get into the house. The people denied him, and said he was in the country, but when we did get in, we found him in bed, then they said he was very ill.

Q. Was he ill?

Marsden. He might be so for what I know. We searched the house, and in a little back kitchen we found a stove, and in it a crucible (produced in court) the stove seemed to be made of pipe maker's clay.

Q. Did you find any thing above stairs?

Marsden. These files (producing two files ) they appear to have gold in the teeth of them. The solicitor of the Mint, and all of us thought it to be gold. There was a working bench and a paper of these sort of files that had not been used.

Q. Did you find any thing else ?

Marsden. There was something in the stove that some of them said belong'd to the melting way.

Q. Who said so?

Marsden. Backhouse or some of them that were with us.

Q. to Backhouse. What was that?

Backhouse. I can't tell what it was.

Marsden. We found also a pair of scales and weights. After we had searched the house, we lock'd the door, and brought Laws and his son to Mr. Fielding's. He was examined and committed, and the boy was a great deal frighten'd.

Q. Did you hear Backhouse examined?

Marsden. I did. He gave information of a dye being hid in the garden. The boy said he could take us directly to the place, at a border of the garden. Mr. Churchman and I went with the boy, and with an old fire shovel by his direction we dug and found it in a minute.

William Churchman . This is the dye [producing one] which we found in Laws's garden, I have had it in my custody ever since; it will make the impression for one side of a moidore.

Q. to Backhouse. Look upon this, and give an account what it is.

Backhouse. This is one of the dyes that we used in my cellar.

Nicholas Kemp . On the 18th of September in the morning a person came and told me he had been in company with a woman at the Sash in Chiswell-Street, who acquainted him that a man lived there who made moidores and halfpence I went there, but miss'd of Backhouse, he being gone to my house in the Tower.

Q. What are you?

Kemp. I belong to the Mint-office. After he had given his information, we went to Johnson's house on the 9th in the evening, and they said he was gone to Carnaby-market. We went away, and came again to inquire for him, when the people said he had been in bed an hour and a half. As we were suspicious they had before deny'd him, we knock'd a considerable time, at last the door was open'd, when we brush'd into the house and up stairs, where we found him in bed with a woman. Finding nothing in that room, I ask'd him where his work-shop was, and found he was a child's pump maker. I went thither, and found some crucibles (producing them) gold weights and scales, which I have not about me, and a wooden screw press to confine the flasks together, in order to pour the metal in from the crucible, to make the blanks, ( producing it.) I found also sand for moulding, and several instruments made use of in order to make counterfeit money.

Q. Recollect what you know relating to Sleep and Laws.

Kemp. We went to Laws about one in the morning, we got in with some difficulty, and found some implements belonging to his business. The only thing I have to say about him is, that being asked before Mr. Fielding concerning the moidore dye, he own'd he did repair it for Mr. Sleep, if he died or came into any dilemma about it, and said somewhat about letting them know something, if they would let him be an evidence.

Mr. Nicholas. I am a moneyer, and belong to the Mint.

Q. What is a moneyer?

Nicholas. One that coins money.

Q. Look at this press. (Produced in court.)

Nicholas. I did see it before at Mr. Kemp's. (He looks as it again.)

Q. Is it a press sufficient to strike moidores?

Nicholas. Yes, I think it is; I think it may be used with different dyes for any sort of coinage whatever; it is not exactly the same with ours (I am speaking of the press and fly ) but it may answer the same end.

John Coe . Here is one of the moidores which I took of Mrs. Hust's servant.

Backhouse. Ann Grandam changed this?

Coe. I did not know it was bad 'till justice Fielding sent to me, he having information of it.

Sleep's Defence.

My first acquaintance with Backhouse was through Mr Laws. In regard to what he has said I never shared any moidores with him in my life, nor never made any. Backhouse has not known me above three weeks, from first to the last of my being taken up.

To Johnson's Character.

Humphry Spencer. I know Johnson; he lived in my house, and was a shoemaker.

Q. What is his general character?

Spencer. He behaved like a very honest industrious man, and always kept close to his work.

Q. How long is it ago since he lived in your house?

Spencer. It is about two months ago since he quitted it; he was in it when he was taken up.

Q. Did you ever see any crucibles, or any of these sort of things in your house?

Spencer. No, never before the search was made; I know nothing of the use of them.

Elizabeth Davis . I have known him above two years.

Q. What is his general character?

E. Davis. He was always very honest, and kept very close to his work; I was with him early and late.

Q. Did you ever see any crucibles, or melting pots in his apartment ?

E. Davis. No.

Robert Taylor . I have known Johnson about fourteen years, and he once lodged in my house; during that time he was an honest pains-taking man.

Q. When did he live in your house?

Taylor. He went from my house about eleven or twelve years ago, to keep an alehouse; the Cock in Old-Street-Square. I have taken money of him, and I never took any that was bad.

Q. When did you see him last?

Taylor. I have not seen him these two years before I saw him last sessions.

Henry Harrison . I have known him these nine or ten years; he has owed me money, and paid me honestly.

Q. What is his general character?

Harrison. A very good one. I never heard any thing that was dishonest of him in my life.

Alexander Parks . I have known him these ten years, and I always thought him a very honest man.

Michael Bilson . I have known him these ten years, down to this time.

Q. Have you seen him lately?

Bilson. I have.

Q. What is his general character?

Bilson. That of a good husband, a good father, and an honest man. I never heard any thing against his character before this charge.

For Laws.

James Bradley . I have employed Laws about two years, 'till the time he was taken up. I have trusted him with jewels to the value of fourteen or fifteen pounds. He was always very industrious.

For Sleep.

Benjamin Lucas . Sleep work'd for me about two years ago.

Q. What is his general character?

Lucas. I never heard any harm of him before.

Q. Has he done work for you lately?

Lucas. He has within this year and half, or two years.

Edward More . He has work'd for me about two years on and off.

Q. What is his general character?

More. I never heard any harm of him before. After he was in custody he returned me about 40 s. worth of things by his wife.

John Sansom . I have known him these twelve years.

Q. What is his general character ?

Sansom. I never heard any harm of him before this.

Sleep and Johnson guilty .

Laws acquitted , ( haveing done nothing in London, but is to be tried next sessions by the Middlesex jury.)

[Imprisonment. See summary.]

[Forfeiture of lands and goods. See summary.]

84. (M.) Elizabeth, wife of John Ross , was indicted for stealing one silver candlestick, value 20 s. one silver extinguisher, value 3 s. seven silver spoons, value 20 s. six pair of linen sheets, value 12 s. eleven diaper tablecloths, three diaper napkins, one callico bed quilt, and six cotton curtains , the goods of Mary Nun , widow , December 30 . +

William Budd . I am servant to Mrs. Mary Nun , at Eltham, in Kent. She has a house in Villars-Street, York-Buildings , and the prisoner's husband and she were in it, to take care of it.

Q. Where was the plate kept?

Budd. That was kept in a cupboard in the back parlour. I look'd about, but could not find the key, and getting a smith, I open'd the cupboard before the prisoner's husband. The plate was all gone, and nothing left in the cupboard but a pair of steel snuffers. I look'd in the chest where the linen used to be kept, and found nothing but some tablecloths, a napkin and a pillowbier or two. I got a person to stay in the house while I went down to Eltham, to acquaint my mistress of it. My mistress sent me up again with Esther Woolen , a fellow servant, to see farther about it. I asked the prisoner's husband if he knew any thing about the plate, he said he did not. I asked him if he knew any pawnbroker that his wife made use of, he said he believed he did. I took him to shew me, and at the corner of Half Moon Street, in the Strand, at a pawnbroker's, we ask'd if there were any plate there in the name of Mrs. Ross. The pawnbroker ask'd what plate it should be. We said a candlestick and some spoons, and other things. The pawnbroker fetch'd them out, the candlestick, the extinguisher, five large spoons, and two tea spoons.

Q. Where is the pawnbroker?

Budd. I have never seen him since her last examination.

Q. When was this?

Budd. This was on the 29th of Dec. at night. I having seen the things, left them there, and went with her husband to justice Fielding. The prisoner was brought there, Mr. Fielding was out, he came home in the evening, and she was examined, and own'd the taking the things.

Q. What did she own?

Budd. She own'd that the plate was my mistress's.

Q. Were they mention'd all to her ?

Budd. I don't know whether they were or not. She own'd all in general.

Q. How did she say she took them?

Budd. She had all these things in her care. The justice then committed her for farther examination. This was on the Saturday, the 30th or 31st. On the Tuesday following she was brought before the justice again, when she own'd she had pawn'd them. The pawnbroker was there. He said she had pawn'd them for upwards of 4 l.

Q. What is his name?

Budd. His name is Hibberd. I think it was the journeyman that was taken up upon it ( The plate produced in court.) These are my mistress's property.

Q. When had you seen them last in your mistress's house?

Budd. Not for two or three months before.

Esther Woolen . I am servant to Mrs. Nun. I was sent for to Mr. Fielding's, to see the linen, being used to it. There were six pair and a half of linen sheets, eleven tablecloths, and I think two or three napkins.

Q. Was the prisoner there?

E. Woolen. She was; she was charged with takeing the things, and she did not deny it, but said she was very poor, and was obliged to pawn them; she beg'd not to be sent to prison, and said she would redeem them again, if ever it was in her power.

Q. What is the linen worth?

E. Woolen. I cannot say, it was very old.

Prisoner's Defence.

I have nothing to say for myself. I have people here to speak to my character.

For the Prisoner.

John Spencley . I am a constable. I found the linen at the pawnbroker's. The prosecutrix and justice Fielding both said, they thought it was her drunken husband that induced her to do it.

Mrs. Marsh. The prisoner and her husband kept a house opposite to me a great many years, in Round Court.

Q. What was their business?

Mrs. Marsh. He kept a shoemaker's shop, and I thought them very honestpeople; they have come to decay since that. I believe they lived there seven or eight years.

John Dunham . I keep an eating house by St. Martin's Church, and have known the woman eighteen years. I lodg'd in her house about sixteen years ago, for about a year and a half, and work'd for her husband about four years.

Q. What is her general character?

Dunham. I never heard any ill of her till this unhappy affair, I always look'd upon her to be an industrious woman.

Thomas Hawkins . I live in Westminster, I have known her between three and four years.

Q. What is her general character?

Hawkins. I always took her to be an industrious honest woman.

Mary Lee . I have known the prisoner thirty years. She was servant to me five years. She married from my house.

Q. What is her general character ?

M Lee. As honest a woman as any was on the face of God's earth. I have trusted her with things of great value, when I have been out two months at a time, and always found her very just.

Sarah Street. I have known the prisoner about ten years, and employed her to be with me a month when I lay in, about eight years ago. She behaved herself very honestly.

Mary Ross . I have known the prisoner some time. She is a very sober woman, and has a very good character.

John Tyrel . I have known her above twenty years.

Q. What is her general character?

Tyrel. She is a very honest poor woman, they have had misfortunes in trade for eight or ten years, and the man has been lame with the dead palsy on one side. I never heard any thing amiss of them in my life.

Guilty. Recommended .

[Branding. See summary.]

85. (M.) William Bradley was indicted for stealing ten half guineas , the money of James Malows , December 25 . +

Mr. Wilkerson. I am foreman to Mr. Malows, a mason , in St. James's. On the Saturday night, being Christmas Eve, I paid the workmen, in King-Street, at the Blue Boar's Head.

Q. What is the prisoner?

Wilkerson. He was one of our workmen, and I paid him there with the rest. When I had paid them I had sixteen half guineas left. I had three or four half crowns, and some halfpence, which I put in a bag to the half guineas, and took them home that night.

Q. Where do you live?

Wilkerson. I live in the same street where Mr. Malows does. On the Sunday morning I took them down to Westminster , and lock'd them up there in a desk in the compting-house, in Channel-Row , and saw all was safe. On the Tuesday morning I was coming down, when one of our men met me, and told me the compting house had been broke open. When I came there I found the desk open, and that there were ten half guineas missing out of the bag. William Atkins having some suspicion of the prisoner, he went over the water to inquire after him.

Q. Upon what was his suspicion grounded?

Wilkerson. Because he had got some new shoes and stockings, and had the morning before borrowed six-pence of him.

William Atkins . I am a workman belonging to Mr. Malows. I went to work on the Tuesday after Christmas Day, about six, went to breakfast at eight, and then heard that the compting-house was broke open. I found a tool that the compting-house window was broke open with. ( Producing a stone mason's chissel) This is it; it lay between two Portland stones near the window.

Q. How was it broke?

Atkins. There was a board nailed up, and a piece of a saw plate, that was worn out, over it; that plate was taken off, and the board opened.

Q. Do you know who that chissel belongs to?

Atkins. I do. I went and ask'd the men in the shop whose tool it was. They said it was Bradley's, who came that morning to work about nine o'clock. I shew'd him the tool, and said to him, is this your tool? He said, yes. I told him it had a hand in breaking my master's compting house open.

Q. What answer did he make?

Atkins. He said he wished it might be found out.

William Weatherstone . I keep the Crown alehouse, at the foot of Westminster-Bridge, on the Surry side. On Monday the 26th of December last, betwixt the hours of ten and eleven, the prisoner came into my house, and call'd for a pint of beer. He put his hand into his pocket and pull'd out about eight or ten half guineas. I asked him how he came to carry so much money in his pocket ? He said, as he was coming over Westminster-Bridge he kick'd something before him (which was in a bit of paper.) He pick'd it up, and it was these half guineas. As such money is useful to me to give change for larger gold, which I do every Saturday. in order for the payment of the men that work in Mr. Morris's yard, I gave him four guineas for eight of them. He said the same when he came before the justice.

Q. to Wilkerson. Was all the money taken that was put in the desk?

Wilkerson. There were 50 l. in all, in the compting-house, but not in the same drawer; this lay by itself: there was nothing missing but these half guineas.

Q. Was the prisoner ever in the compting-house?

Wilkerson. No; but I have seen him come and make water by it.

Q. How near the compting-house did he use to work?

Wilkerson. About 100 yards distance.

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

Wilkerson. About three months.

Q. Do you find the men tools, or do they find them themselves?

Wilkerson. They find their own tools themselves, and they have their own marks upon them.

Q. What mark has this chissel ?

Wilkerson. There is a mark so as to know it.

Prisoner's Defence.

Going over Westminster-Bridge that Monday night I saw a piece of paper, and kicked it before me; I took it up, and in it I found these half guineas. I went into Mr. Weatherstone's house, and called for a pint of beer, who seeing the money in my hand, ask'd me how I came by it. I told him I found it. He asked me to let him have some for guineas, because Mr. Morris's men were paid at his house every Saturday, and he was troubled sometimes to get money for change.

Q. to Weatherstone. Did he pull out the money loose, or was it in any thing?

Weatherstone. They were all loose.

For the Prisoner.

John Breenhaw . I am a carpenter and joiner, and have known the prisoner almost twenty years; I knew him when he was an apprentice in Derbyshire: he is a stone-mason.

Q. How long has he been in London?

Breenhaw. I can't tell.

Q. What is his general character?

Breenhaw. I always heard he was an honest young man, and he served his time duly and truly.

Q. How long have you been in London?

Breenhaw. I have been in London above twelve months.

Q. Do you live in London now?

Breenhaw. I saw him frequently last year.

Q. Are you related to him?

Breenhaw. No, I am not.

John Breenhaw , junior. I have known this man sixteen years perfectly well; I knew him in Derbyshire. He came out of the country nine or ten years ago, and I have known him in London all the time, except about six months when he was in the country. I have work'd with him at several gentlemen's houses.

Q. What is your business?

Breenhaw. I am a cabinet-maker and joiner.

Q. Did you work with him in London, or in the country?

Breenhaw. In the country.

Q. What is his general character?

Breenhaw. That of a very honest, industrious, sober man; I never heard any body give him a bad character.

Francis Soutard . I have known the prisoner seventeen or eighteen years.

Q. Where do you live?

Soutard. I live at Kensington, and am a gardener. I knew him in Derbyshire when he was apprentice to one Henry Stewardson .

Q. What is his general character?

Soutard. He always had as good a character as any young man in all the country.

Acquitted .

86. (M.) Joseph Percival was indicted for stealing one canvas bag, value 6 d. and sixty pounds weight of pimento, the property of William Cutter , in a certain vessel lying on a navigable river, called the river Thames , January 4 . +

Andrew Morrison . I am a waterman, and ply a common wherry. There was a ship lay between Union-Stairs and Bell-Dock ( I don't know her name, nor the captain's neither) to which I carried the prisoner as a fare, about noon, but don't know the day. He desired me to stay, and I staid about ten minutes.

Q. Where was the prisoner?

Morrison. He was on board. He threw something into my boat, but I don't know what it was.

Q. What was it like?

Morrison. It was in a bag.

Q. How big?

Morrison. About as big as a large pillow.

Q. Did he come on board you after that?

Morrison. No.

Q. What did you do with it?

Morrison. I threw it over board.

Q. Why did you do so?

Morrison. Because I was afraid of the custom-house officers, for fear I should lose my boat, it not being my own. I suspected it to have been something that was run.

Q. What did you do after that?

Morrison. I went away directly.

Thomas Gouge . I am a waterman that attend upon ships. I was going on shore with a man, about twelve o'clock, that day, and saw Andrew Morrison in his boat at the ship's head named Ranger. I asked him what he did there He said he was waiting for a fare. I said I believed he was waiting for no good, for I had a suspicion he was going to rob the ship.

Q. What is the prisoner?

Gouge. He is a soldier , but he was employed on board the ship as a lumper, whose business is to put the casks out of the ship, at 6 d. a cask ; they were unloading the ship. I saw a bag in the head of the wherry that Morrison was in. He saw me, and had not time to row with his wherry head foremost, fearing I should catch him; but he rowed stern foremost. I rowed as fast as I could towards the ship. They called from the ship and said, Mr. Gouge row after that man, he has a bag of pimento in his boat

Q. What is pimento?

Gouge. It is West-India all spice. When I came up to Morrison he threw the bag over board. I saw it would swim, so I row'd by it after him; but when I found he would not run away I shoved back, took up the bag, and ask'd him the meaning of throwing it over board. He said he did not do any such thing. I took him, and carried him on board the ship with the bag, and told him if he would tell who gave it him, he should have his liberty. He said he would. Then he went and charged the prisoner at the bar with it. Then we took the prisoner up, and had him before a magistrate, but he denied it.

William Cutter . I am master of that ship, and most of the goods, at that time, were my property, so I appear as prosecutor; but know nothing of the taking of it.

Q. What was the prisoner employed about in that ship ?

Cutter. I employ a master lumper, and he finds a gang of men to work out the goods from the ship.

Q. to Morrison. Did you know the prisoner before that day?

Morrison. I have several times before carried him on board, and brought him on shore, from that and several other ships.

Q. How long have you known him?

Morrison. I have known him about three quarters of a year; I have drank with him, and know him very well.

Q. Was you close by the ship when you threw the bag over-board.

Morrison. No, I was not.

Q. How did you row your boat?

Morrison. I row'd her stern foremost.

Prisoner's Defence.

I was at work in the hold of that ship, and two men along with me. I knew nothing of this affair, till I heard all the officers in an uproar; but this old Morrison knowing me, he, to clear himself, made use of my name.

Q. to prosecutor. What is the value of that pimento?

Prosecutor. It is worth about thirty-eight shillings.

For the Prisoner.

Matthew Salmon . I am a sergeant in the third regiment of foot-guards, and the prisoner belongs to the company which I do.

Q. How long has he been in that regiment?

Salmon. He has been in it about five years.

Q. Did you know him before he was in the regiment?

Salmon. No, I did not.

Q. How has he behaved?

Salmon. Very well, none better. I was very much surprised to hear this of him, for he could have been trusted by any officer with any thing they have. He is a well behaved young man, and has been at work most commonly; he always appear'd clean under arms.

John Andrews . I am also a sergeant in the same company that the prisoner belongs to, and have known him five years.

Q. What is his general character?

Andrews. He has an exceeding good character.

Q. What is his pay?

Andrews. Their pay is four shillings a week, and it takes up one of it to repair them, so that they have three shillings a man to live on; but as he is a working fellow, and gets six or eight shillings to it, it is of great service to him.

Acquitted .

87, 88, 89. (M.) Samuel Ong , John Davis , and John Allen , were indicted for that they on the king's-highway, on Luke Rashbatch did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one 3 l. 12 s. piece of gold, three 36 s. pieces, one half guinea, and 14 s. in money, his property, and against his will , January 11 .*

Luke Rashbatch. I met with the three prisoners at the bar at a publick-house, on Tuesday last.

Q. Did you know them, or either of them before?

Rashbatch. I never saw either of them before.

Q. At what publick house did you meet with them?

Rashbatch. I don't know the house; I am a stranger.

Q. Don't you know the street not the sign?

Rashbatch. I think it was the Castle, and I think they call'd it Cabbage-Lane.

Q. About what time of the day?

Rashbatch. I can't tell; it might be about noon, or somewhere thereabouts.

Q. What was you doing?

Rashbatch. We were drinking together. One of them ask'd me what countryman. I said I was a Shropshire man.

Q. Which ask'd you that question?

Rashbatch. It was William Price that ask'd me that.

Q. Which is William Price ?

Rashbatch. He is turn'd witness. He said he was a Shropshire man too; then we seemed to be acquainted as if we had known one another before. Being countrymen we drank together all the evening.

Q. Were the three prisoners with you all the time?

Rashbatch. They were.

Q. How long do you mean you drank together ?

Rashbatch. 'Till about seven o'clock, but we did not stay all the time at one house.

Q. What house did you go to from the first house?

Rashbatch. We went to the Plough, I think it was, after that.

Q. What time was it that you went from the first publick house?

Rashbatch. I can't justly say.

Q. Did all the prisoners go along with you there ?

Rashbatch. They did; there were five of them in all.

Q What was the other?

Rashbatch. He is not taken, his name is William Smith . Before the hour of seven I had a mind to go towards my lodging. William Price asked me where I lodged, I said in Petty France, just by the Black Horse; he said he lodg'd in Petty France too, and he would go and shew me the way to the Black Horse, so he caused me to stay later than I would have done. William the drummer, that is not taken, was pretty near us. After we all came out of the house, Price said to me, follow me, we will drop these other men now, and we will have a pot of beer by ourselves at the Black Horse, but he took me the wrong way instead of the right way, which way he pleased. I saw the others following after the drummer. and as we were walking along I began to grumble at the way he took me, which was to very dirty places Then he said, it does not signify making words, you have money, and I must have some, and began to feel about my pockets. I said sure you will not use me so; he said don't make words, if you do you'll be drowned. The drummer came up very soon after, and began to feel in my pockets on the other side.

Q. Did Price take any thing from you before Smith came up?

Rashbatch. He did not, to the best of my knowledge. Smith ask'd Price if he had got any thing, and Price said he could not find the half guinea.

Q. Had they seen a half guinea of yours before?

Rashbatch. I had it in my hand. The drummer said, d - n him, he has more money, and we'll have it, and began searching the other side. One of them had a knife, and they began to cut my breeches open before, and put their hands in.

Q. Which of them had the knife?

Rashbatch. I can't say that. They cut the bottom of my pocket out, and took every half-penny of money that I had,

Q. What money did they take?

Rashbatch. They took a 3 l. 12 s. piece, three 36 s. pieces, half a guinea in gold, and a dozen or fourteen shillings, I can't swear to what silver I had, because I had been drinking, and did not know what I had spent. They also took my gloves, a handkerchief and a comb. I asked them if they would be so good as to let me have three half-pence or six pence again; they said no, never a farthing, without you have any that we have not found.

Q. Did any of the other prisoners appear?

Rashbatch. There were three persons at me, but I was so frighten'd that I cannot exactly tell.

Q. Did you see any body at a distance from you?

Rashbatch. There was one person that did not come up to me. I was put a little in a passion, because they said I should have none of my money. I said if I live, may be I shall see some of you hang'd. D - n your blood, said they, we will see you drown'd first.

Q. Who gave you that answer?

Rashbatch. I do not know, they began to push me, I was frighted very much, and they bid me go forward. I saw I was not far from the water. I was willing to get from them, and I got into the water.

Q. How deep?

Rashbatch. Up to my chin, my handkerchief was very wet about my neck, but my hat staid on.

Q. Was you sober?

Rashbatch. I was not sober, I might be half fuddled.

Q. Was you sober enough to recollect what was done?

Rashbatch. I have sworn the truth. I can recollect every thing as it was, I had like to have been drowned; to be sure God Almighty assisted me, and they left me. Then I got out and saw some lamps, and went on the backside of a house to a window, and call'd to the people to come and light me, for I had been rob'd and just drowned, and was in a very bad manner, and desired to lie in the stable, or any where, not being fit to go into any body's house; so they directed me to another house, and said very likely I might lodge there. When I came there, they ask'd me where I belong'd to, I said the Black Horse in Petty France; they said it was a mile or two from thence, and they would find a man along with me; accordingly they did, or I had never found it that night. On the morrow morning I got a constable, and found Price very soon.

Q. Where did you find him?

Rashbatch. He had been upon guard (they are all soluters ) I can't tell the name of the place, for every place is strange to me.

Q. Are you sure you was in company with the three prisoners that night?

Rashbatch. I am.

Q. from Ong. Did I speak to you?

Rashbatch. I can't tell who spoke to me when I was rob'd.

William Price . I am acquainted with all the prisoners.

Q. Have you heard what evidence the prosecutor has given?

Price. I have.

Q. Give an account what share the prisoners had in this affair?

Price. Last Tuesday, the prosecutor, I and the prisoners, and William Smith , a drummer, were all together.

Q. Where?

Price. At two publick-houses, and drank a good deal of liquor. I made an offer to shew the prosecutor his way to his lodgings.

Q. What time did you leave the last publickhouse?

Price. About 7 o'clock. I led him in order to go to his lodgings, which was my intent at first; but the drummer and all the prisoners got together and bid me take him out of his way, that we might take his money from him.

Q. Were you all together in this agreement are you sure?

Price. We were all together, and agreed to it.

Q. Where did you take him to?

Price. I took him just by Tothill-Fields. The prisoners followed us, and we were all together in the fields. I went to him, told him I must have some money of him, and took some silver from him; but I don't know how much.

Q. Did you take any gold?

Price. No gold as I saw, in what I took.

Q. Did any of the others come to you?

Price. Smith came up first, and took all his gold from him.

Q. Do you know how much that was?

Price. All I saw was two 36 s. pieces. John Allen came to us, and gave us his knife to cut the man's pocket off.

Q. Where were the two other prisoners?

Price. They were on the other side of the water that we came over.

Q. At what a distance from you?

Price. About twenty yards distance.

Q. Do you remember any thing about the prosecutor's desiring you to return him some money?

Price. No, I do not.

Q. Did you see him in the water?

Price. No, I did not. As soon as we took his money I ran away directly, and was the first that went from him. I don't know what they did to him, for I left them with him. They followed me, and soon after came up with me. Then we went all away together to Drury-Lane, to a house where the drummer had a wife.

Q. What became of the money?

Price. We divided it amongst us.

Q. What had you for your part?

Price. We had sixteen shillings each, and there was one shilling and six-pence over. The next morning I was taken up upon the St. James's guard, and the justice admitted me an evidence.

Q. Where did you see the prosecutor at first?

Price. The first place I saw him at was at the King's-Head; in St. James's-Street, where he was in company with some women. I had a pint of beer there, and got him to go along with me to another house where were the prisoners.

Q. from Ong. Whether we were not going home about our business when you and the drummer came running after us?

Price. We were all together in company.

John Cartwright . I am a constable. The prosecutor came to me last Wednesday morning, and told me had been rob'd of a 3 l. 12 s. piece, three 36 s. pieces, one half guinea, and some silver. I asked him where he had been, or if he had been in company with any women. He said no, he had been rob'd by men. I thought it a good deal of money for him to carry about him, so went with him to the Black-Horse, where, he said, he belong'd to, to inquire of the landlady of the house if she knew he had so much. She told me he had so much money the day before. Then I went with him to the justice and got a warrant, and we took the evidence Price upon the St. James's guard.

Q. Did the prosecutor know him?

Cartwright. He did, at first sight. We took him before justice Wright, in Palace-Yard. After he had given information of the fact the justice committed him.

Q. Did he give the same account as he has done here?

Cartwright. He did, as near as can be. He having told the justice they had only 16 s. each of the money, and the prosecutor giving an account that he was rob'd of more than the amount of that, we were in hopes of finding some of it on the ground, so I and three or four more went with Price to the place-where he said the robbery was committed. We found no money, but we found one glove there, and the piece of the pocket that was cut off.

Q. Did he say where the money was parted?

Cartwright. He said it was parted in Drury-Lane. (The glove produced in court.)

Q. to prosecutor. Look upon this glove, do you know it?

Prosecutor. This is my glove.

Cartwright. When we returned we took Price to Bridewell. About an hour after I heard that the prisoner Allen was taken in custody at the Savoy. I went there, and found him in custody. I shew'd the captain my warrant, and he told me he should be safe for me in the morning. I went in the morning, and took him to Drury-Lane, and he shew'd me where they parted the money. Then I took him to the justice, and just as I was going in at the door Davis was coming along the street, and they brought him in.

Q. Did you hear him confess any thing?

Cartwright. No, I did not.

Q. How came the prisoner Ong in custody?

Cartwright. He was brought from Chelsea by another constable.

John Noaks . I am a constable. Justice Wright sent for me on Wednesday night, and told me he had granted warrants to apprehend three soldiers, and desired to know whether I would go with Mr. Cartwright, in order to apprehend them. We went that night to try to take Smith, but could not meet with him. The next morning we went to the Savoy, took out Allen, and had him to Drury-Lane, to the house where he said they parted the money. Going along Allen said they had shared 16 s. each, and it was his knife that cut off the pocket. We took Smith's wife, and carried her before the justice, to see what we could get out of her. She denied the changing of the money there, but a woman that was at that house said the money was changed there.

Thomas Cartwright . I was along with the constable in taken up Price, and carrying him before the justice, and from thence to the place where the robbery was committed; I was also along with them when they searched Allen, and the next morning when they went and took him out of the black hole at the Savoy; we took him to Drury-Lane, and brought the drummer's wife and another woman before the justice; one confessed the money was changed there, and the other did not. When we came to the justice's door we met with Davis. Allen said that is one man that was concerned along with us, so we took him in custody, and he was committed to Bridewell.

Ong's Defence.

I had not a farthing of the money. I was at that house, they asked me to go along with them. When I understood they had rob'd the man I said they might as well treat me at my quarters; but Price said don't let us stay here, let us go to Drury-Lane, where we may have some victuals. We went thither, but I don't know what they did with the money; I saw neither silver, gold, nor brass. I was not in the fields at all. Price and Davis gave the girl some steaks, which were dressed, and we sup'd and had some beer.

Davis's Defence.

As to the robbery I know no more of it than the child that is unborn.

Allen's Defence.

I know nothing of it.

For the Prisoners.

John Poulter . I am a sergeant in the first regiment of guards, and belong to the same company that all the prisoners do.

Q. What do you say of the prisoner Ong?

Poulter. For what I know of him he is an honest inoffensive man.

Q. What do you say for Davis?

Poulter. I am a little suspicious of him, for he kept late hours. Allen is an inoffensive man for what I know of him. He always behaved very well.

Q. How long have you known them?

Poulter. I have paid the company but nine months; I never knew them before.

Henry Fennel . I have known Samuel Ong these three years.

Q. What is his general character?

Fennel. It has been very good ever since I knew him, which is as long as he has been in the company. I never heard any complaints of him. I know Allen; he has not been in the company so long, having only been a soldier from the 11th of August, 1756. We never had any suspicion of him.

Anthony Paden . I have known John Allen ever since December last was twelve months.

Q. What is his general character?

Paden. He has an extreme good character. I have employed him to carry out small beer in the firkin way; I have left him by himself, and have taken the particular accounts what the beer came to, and I never found a farthing deficient. Upon my honour I look upon him to be as honest a man as ever broke bread.

Court. You are upon your oath here.

Paden. Then upon my oath I believe him to be an honest man; he has used my house mornings and evenings. I believe his being in this affair was owing to his being violently in liquor, and being drawn away by the others.

Israel Wheiting. I live at Steffon, in Bedfordshire. I have known John Allen from a child, and his father and mother; they were very honest people; his father is dead.

Q. What is his general character?

Wheiting. I never heard any other of him than that of an honest man in my life.

John White . I have known Allen ever since he has been enlisted.

Q. What are you?

White. I am a soldier. He lodged with me when he first came to London, and behaved very honestly; he is a very regular man. I never saw him in liquor.

John Pricket . I have known Allen these twelve months.

Q. What is his general character?

Pricket. He has been a very sober honest man, all the time he was with me he came home at early hours.

Nathaniel Tinery . I have known Allen about a year and a half.

Q. What are you?

Tinery. I keep a sale shop, and he is a breeches maker .

Q. What is his general character?

Tinery. That of a very honest man.

Joseph Thawley . I have known Allen some time; he has been in my house a hundred times, and never missed any thing afterwards. I should now trust him, was he clear.

All three guilty , Death .

90, 91, 92. (L.) William Morgan , William Newton , and William Parsons , were indicted for a conspiracy, in obtaining divers goods of Richard Townsend , by false pretences, with intent to cheat and defraud him of the said goods , November 27 . ++

Richard Townsend . I am an ironmonger , and live in Gracechurch-Street. On Sunday the 27th of November last, in the morning, the prisoner Morgan came to me, and desired to know if I could supply him with such and such goods, which he said he had an order for from the country, and he could not supply them so cheap as I could.

Q. What sort of goods were they?

Townsend. They were edge tools, and are set forth in the indictment, which goods I told him I had, and he desired I would fix the price to them.

Q. Did you look out the goods for him?

Townsend. I did; here is the bill of parcels with the prices of each article. ( Producing it.)

Q. Did he agree to give you your price?

Townsend. He did; he made no objections.

Q. Who wrote the bill of parcels?

Townsend. This is my servant's hand-writing.

Q. How did he deal for those goods?

Townsend. He was to send for them the next day, and to pay ready money for them.

Q. Did you know him before?

Townsend. I have known him some years.

Q. What is he?

Townsend He is an edge-tool maker. The next morning a man came for them, and said he was come for the goods that Mr. Morgan bespoke the day before, and that he had left the note behind him. I said, if you have not brought the note, you must go back again. He went away, and came again a second time, and brought a note. I set my servant to look the goods out directly, he look'd out the goods, made the bill of parcels, and pack'd them ready for going away. A friend of mine coming in, and seeing a bill of parcels lying upon the counter, said, is this Morgan the edge tool maker, I said yes, he bid me take care, saying, he is a Sunday man. Then I perceived I was in a way of being trick'd out of my goods. I tore off the receipt from the bill of parcels, and said to my servant, you shall call upon Mr. Morgan with the bill first.

Q. What is your servant's name?

Townsend. His name is Hayward, my appren tice. I told him if Mr. Morgan would pay for these goods, I'd send them in, if not to tell him I would not send them. My servant return'd, and told me, he said it did not suit him to pay the money then, but if I'd send them, he would call and pay me in a few days.

John Hayward . I am apprentice to Mr. Townsend. I went as my master desired to Mr. Morgan, and delivered the bill of parcels to him, and told him the goods were ready pack'd up, and that they came to 3 l. 2 s. and 8 d.

Q. Look at this bill Mr. Townsend produced. (be takes it in his hand.)

Haywood. This is the bill, my own hand-writing. I also told him, if he paid the money, I would take off the 2 s. 8 d. for the discount. Mr. Morgan made answer, 'tis very hard I can't be trusted with 3 l. 2 s. and 8 d. I said it was nothing to me, it is my master's pleasure, I must have the money with me, or you are not to have the goods. Mr. Morgan said, he would pay it in a day or two, I said that will not do; then he said, meet me this evening at five or six o'clock, and send the goods to the Saracen's Head, Snow-Hill, or to the Green-Dragon alehouse, and I will pay you. I came home and told my master what he had said. My master sent the porter along with me to carry the goods, and ordered me to take the bill to Morgan, and not to deliver the goods without the money. This charge he also delivered to the porter, and just as we came by the Rainbow Coffee House, I said to the porter, do you carry the goods to the Saracen's Head, Snow-Hill, call for a pint of beer, and set upon the basket, and don't deliver it to any body till I come. Then I went round to Mr. Morgan's house (I had a mind to know whether he was at home, or whether he was gone to Snow-Hill) when his wife told me he had been gone an hour and an half. Then I went to the Saracen's Head, and inquired, and found neither the porter nor he had been there. Then I went to the Green-Dragon alehouse, and there I found the goods all unpack'd into a box, except two parcels of carpenter's heading chissels. There were Mr. Morgan and Newton in the tap-room. I said to Morgan, I ordered these goods to the Saracen's Head, how came you to unpack them; for it was quite contrary to my order, I ordered the porter not to deliver them till I came.

Q. Was the porter there?

Haywood. He was.

Q. Was there any talk of paying for the goods?

Haywood. Morgan said he'd pay me for them, and delivered me the bill of parcels, and bid me write a receipt on it. I had presence of mind not to write it till I had my money. He said step this way and I will pay you, and took me into another room. When I came there, there were William Newton and William Parsons . Morgan said to Newton, do you pay this young man, and let him go about his business. Newton said, Mr. Morgan I will pay you. Then Newton took out of his pocket a handkerchief with some silver in it, I believe there might be 4 l. and told down 7 s. on the table, then he pull'd out a note of hand of William Morgan's, that William Parsons had indorsed over to him, that is, to William Newton . Mr. Morgan said, this note of hand I can't deny, but I don't accept it now, it is my note of hand. Then I said to Mr Morgan, I plainly see that I am to be shuffled out of these goods. Then Mr. Morgan said to Newton, you must pay this young man. No, said he, I have paid you, there is the note of hand and 7 s. in silver, that is sufficient for you, and you must pay the young man.

Q. Was you ready and desirous to have your goods again?

Haywood. Yes. I did desire them to let me have them again. Mr. Morgan wrote a receipt for the goods upon the bill of parcels in full.

Q. As from whom?

Haywood. As from Mr. Newton. Then I demanded them again.

Q. Who was then present ?

Haywood. All the three prisoners.

Q. What was said to you when you demanded the goods again?

Haywood. Parsons said no, the goods are in our custody now, and I'll be d - n'd if any body shall have them again. Then I went into the rap-room, and bid the porter to take the goods out of the basket, but Parsons and Newton would not let him. The porter insisted upon having the goods. They said the goods were to go to the Saracen's-Head, to go down into the country in a waggon. When I found they would not let me have them, I sent the porter for a constable, and desired the landlord to keep them in talk till the constable came. When the officer came, I charged him with Newton, because he insisted on having the goods. Then I sent the porter for my master, who came, and two gentlemen along with him. My master asked who demanded the goods. Newton said, I have bought them, and paid for them, and there was a receipt from William Morgan . Parsons detained them.

Q. How did Parsons detain them?

Haywood. My master said, let me have my goods, and I'll take them home again, and Parsons said he would not let him have them.

Cross Examination.

Q. What did you tell Morgan you'd allow if he paid for the goods?

Haywood. I told him he should be allow'd the usual discount.

Q. Do you remember you said, he should be allow'd the same discount as at Mrs. Crawley's.

Haywood. No.

Q. Why did you go to the Saracen's Head?

Haywood. I had a mind to see if Morgan would be there or not. I had a suspicion he would not.

Q. What foundation had you for that suspicion?

Haywood. I heard he had but an indifferent character.

Q. Did you meet the porter before you got to the Green-Dragon?

Haywood. No, I did not.

Council. Then Parsons was not at the Green-Dragon when you first came there?

Haywood. I saw him, but at that time I did not know him.

Q. Were your's all the goods that they had there ?

Haywood. No, they had more goods there than mine.

Q. Whose goods were they?

Haywood. I can't tell whose goods they were.

Q. Was Parsons in the room when Newton took out the handkerchief of silver?

Haywood. He was.

Q. Did not Morgan express some surprise at seeing that note?

Haywood. He said, this is my note of hand, I can't disown it; I acknowledge it, but you must pay this young man; he did not seem much surprised.

Q. Whether, from the appearance of the transaction, did Newton think he had any thing to do with you?

Haywood. Nothing at all.

Q. When you desired your goods again, what did Morgan say?

Haywood. Morgan went away.

Q. Did he not say he would pay you?

Haywood. He said he would pay me if I would go along with him into Leadenhall-Street.

Q. How long after that was it that he went away?

Haywood. He went away immediately, upon my mentioning the constable.

Q. Did you go with him?

Haywood. No, I did not.

Q. How long after this was it that you saw Mr. Morgan again?

Haywood. I saw him the next day, or the day after.

Q. Did he not tell you then, that he was ready to pay you, if you would give him a receipt.

Haywood. Yes, he did, but this was after the other two prisoners had been carried before Sir Richard Glyn .

All three Acquitted .

93. (L.) Sarah, wife of Thomas Richards , was indicted for stealing three pair of silk mittins, value 2 s. and six yards of thread lace , the goods of William Flint , Dec. 20 . ++

William Flint . I was not at home the day the goods mention'd in the indictment were taken, so I can only prove the property.

Isaac Peirce . I live servant with Mr. Flint.

Q. What is Mr. Flint's business?

Peirce. He is a haberdasher , and lives upon London-Bridge, on Southwark side . On the 20th of December last, Sarah Richards , the prisoner at the bar, came into my master's shop, and desired me to shew her some ribbon. I did, and after tumbling them about, she said there were none that would do. I ask'd her if there were any thing else wanting. She desired me to shew her some silk mittins. In the mean time she took three pair; she tumbled them about, and said they were all too dear. I ask'd if any thing else was wanting, she desired me to shew her some white lace, and I shew'd her some.

Q. What was it made of?

Peirce. It was made of thread. After looking over a great quantity of them, and tumbling them about, she took a piece of lace, I saw her take it.

Q. Did you see her take the silk mittins?

Peirce. I did.

Q. How came it you did not secure her then, but instead of that to shew her the thread lace?

Peirce. I always let them go out of the shop first.

Q. Did she buy any thing?

Peirce. No, she did not.

Q. In what manner did she take them?

Peirce. Her apron was pin'd up before her, and I saw her drop the mittins into her apron.

Q. In what manner did she dispose of the lace?

Peirce. I think by her motion it went under her capuchine. After this I ask'd her if any thing was wanting; she said there was none would do for her, they were too dear. Then she went out of the shop, I followed her, and she turn'd the corner of Tooley-street. I went to her, and said, I believed she had got something that did not belong to her, and brought her back into our warehouse, and found these silk mittins in her apron, among other things. The piece of lace she drop'd in the compting-house, before she came into the warehouse. (The goods produced in court.) Here is a mark on the mittins, by which I am certain they are my master's property, and on the lace is a mark of my own hand-writing.

Prisoner's Defence.

I went into that shop to match a ribbon pattern that I had, they shew'd me two or three patterns, and none would do. Then I ask'd them to shew me a pair of stuff mittins for myself, and they were all too small. Then I ask'd him if he had any lace that would suit a pattern that I had with me, and there being none that would suit, I bought none. As to these things I know nothing of the matter.

To her Character.

Thomas Dove . I have known the prisoner about fifteen months.

Q. What are you?

Dove. I am a victualler, and have the misfortune to have a child bound apprentice to her husband.

Q. What is her general character?

Dove. It is very good, or I had not bound my child to her husband.

John Robert Hawkins . I have known her I believe about four or five years.

Q. What is her general character ?

Hawkins. The woman's character is a very reputable one. She is the last person I should have suspected; it was a matter of the highest admiration in the world to me when I heard of this affair. I always look'd upon her to be a woman rather as a pattern of industry.

Robert Carr . I have known the prisoner about five years; she lodged next door to where I live.

Q. What is her general character?

Carr. A very honest, clean, industrious woman, as any in our neighbourhood.

William Osbourn . I have known her upwards of five years.

Q. What is her general character?

Osbourn. She has an exceeding good character, as any woman in the parish. She lives in a very industrious manner. She has been at my house several times, and I have trusted her with the care of it when I have been out; if her inclination had been that way she might have defrauded me. I look'd upon her to be a very honest just woman.

Thomas Bates . I have known her about five years.

Q. What is her general character?

Bates. An extraordinary good one. She is as industrious as any one living, by all appearance. I lived but two doors from her, and I never heard any body suspect any thing like this of her.

Guilty .

There was another indictment for a crime of the same nature, but that not being laid capital, she was not tried upon it.

[Transportation. See summary.]

94. (L.) Elizabeth Simonds , otherwise Mitchel , was indicted for stealing three linen sheets, one copper tea kettle, and one copper saucepan , the property of Samuel Tull , December 14 . ++

Samuel Tull . I lost the goods mention'd in the indictment, but don't know who stole them. I lost a great many more things, but have only indicted the prisoner for what she confessed she had stolen. The next witness can give the court a better account than I can.

Martha Williams . I have known the prisoner betwixt two and three months. She and I were in Fetter-Lane workhouse , and belong to St. Dunstan's parish.

Q. What is Mr. Tull?

M. Williams. He is over our poor.

Q. What have you to say against the prisoner at the bar?

M. Williams. I saw her with a tea-kettle in her apron.

Q. How came she by it?

M. Williams. Buy it? she did not buy it; she carried it out.

Q. Out from where?

M. Williams. From out of the workhouse. I asked her what she had got there? She said the teakettle. I said, where are you going with it? She said, to carry it to pawn.

Q. Did she pawn it?

M. Williams. I don't know; the pawnbroker is the best judge of that.

Q. Was it found again?

M. Williams. It was.

Q. Where?

M. Williams. At the pawnbroker's, with other things.

Q. Was she one of the poor?

M. Williams. She was one of the matrons.

Q. Have you had a quarrel with her?

M. Williams. No, never, till after we missed the things.

Q. from prisoner. Did I never give you strong liquor?

M. Williams. We might have some in the house at washing time, but never at any other time.

Q. from prisoner. Was not there a quarrel ensued, because I would not gratify you with liquor?

M. Williams. No, never.

James Jervice . I am a pawnbroker, and live in Fetter-Lane. The constable came with a warrant and ask'd for these things. I fetch'd them down, and more that the woman brought; but they did not take any more than these, which they said were theirs. (Producing three sheets.) These were pawn'd in the name of Elizabeth Mitchel .

Q. to prosecutor. Look upon these sheets, are they your property?

Prosecutor. Here is S. T. upon them, that is all I know them by.

Q. Do the parish find sheets, or you, for the poor of the workhouse?

Prosecutor. I am under a contract with the parish to find the people every thing; the goods in the house are mine.

Q. Can you say the sheets are your's?

Prosecutor. No, I cannot.

Q. to M. Williams. Look at them, do you know whole property they are?

M. Williams. If Mr. Tull does not know his own sheets, I don't.

Q. to prosecutor. Are you placed as the keeper of that workhouse?

Prosecutor. I am.

Q. to Jervice. Who brought these sheets to your house?

Jervice. Elizabeth Mitchel the prisoner did. (A saucepan and tea kettle produced.) She also pawn'd these to me.

Q. to prosecutor. Look at the saucepan and teakettle, do you know them?

Prosecutor. I know none of them.

Q. to M. Williams. Do you know this saucepan; I and tea-kettle?

M. Williams. I don't know the saucepan; I know the tea-kettle; it is the property of Mr. Tull the prosecutor.

The prisoner had nothing to say in her defence.

Guilty, 10 d.

[Whipping. See summary.]

95. (L.) Moses Henericus , otherwise Heneriques , was indicted for that (at the delivery of the king's gaol of Newgate, on the 26th of October, 1757 , Abraham Bareive being, in due form of law, tried upon an indictment for stealing three dozen of silk handkerchiefs, value 5 l. ten yards of dimity, eight yards of printed linen, and other things, the property of David Davis , July the 25th, and he, the said Moses, being produced as a witness, for and on the behalf of the said Abraham) he did wickedly, intending to pervert the due course of justice, take his corporal oath, on the Holy Bible, in open court, to speak the whole truth, and nothing but the truth, and did, in open court, feloniously, wickedly, and corruptly give in evidence as follows, That in the afternoon (meaning on the 15th of September last) the prosecutor (meaning David Davis ) came to the prisoner's father, and offer'd to take 5 l. to discharge him of that felony; whereas in truth, and in fact, it was not so . ++

Thomas Gurney . I attended this court in October l ast, when one Abraham Bareive , a Jew, was tried for stealing a parcel of handkerchiefs, some dimity, printed linen, and other things, the property of David Davis . Bareive in his defence call'd the present prisoner.

Q. Have you your minutes of that trial here?

Gurney. I have.

Q. Read the evidence he gave.

Gurney. After the present prisoner was sworn. -

Q. Did you see him sworn?

Gurney. I did - He said as follows: About July or August, my master, who is father to the prisoner at the bar, sent me to look for him, for he wanted him, and coming thro' Hounsditch, I happened to see him with a bundle under his arm. I said where are you going, he said to carry this bundle to a gentleman. I went with him to a disorderly house in Partridge-street, where was this gentleman. He took the bundle, and said, he should come along with me directly. On the 15th of October the prisoner was taken up (meaning the then prisoner) and carried before justice Fielding. He was then asked if he took notice what was in the bundle. He answer'd no, he did not. Then he was ask'd if he was certain it was the prosecutor he delivered the bundle to His answer was, he saw him deliver it to a man in a linen waistcoat, and to the best of his knowledge it was the prosecutor. Then he was ask'd if he would swear it; his answer was, I will not be positive. Then he was ask'd at whose house it was. He said at the house of one Benjamin, a Dutch Jew; and then he goes on. - The prisoner was taken up on Thursday the 15th of September (meaning the then prisoner.) I printed it in the former trial, by Stanley and Plump, they being at the apprehending of him; but his words were, in company with Stanley and Plump, and carried before justice Fielding, when he was remanded back for farther examination; but in the afternoon the prosecutor came to the prisoner's father, and would offer 5 l. to discharge him.

Court. In the printed trial it is put, and offer'd to take.

Gurney. I took that to be his meaning which I have printed, he speaking as most of the foreign Jews do, a sort of broken English. He was next ask'd when this was; he said, this was the same day (meaning the 15th of September.)

Q. Did he give any account of the prosecutor offering to take 5 l. to make it up?

Gurney. He did, that is farther on in his evidence. He was ask'd if he was sure it was the prosecutor that came to Bareive's father's house. His answer was in these words, I remember he came there, and offered to take 5 l. He was after that ask'd how he knew it was him; his answer was, because he said he was the man that had been rob'd, and ill used; and added, he was positive he said he was the prosecutor. He was then ask'd if he was sure it was the prosecutor that the bundle was delivered to. He answer'd in these words, I remember the glimpse of him then. Being ask'd if the prosecutor that had then given evidence was the same man, he answer'd. I can't tell, I will not be so exact. He was next ask'd if he could swear he was the man that came for the 5 l. he answer'd in these words, I swear he is the man that came for that.

The record of the trial and conviction of Abraham Bareive read in court. The jury say Guilty, to be transported for seven years.

David Davis . I was the prosecutor of Abraham Bareive . in this court, in October sessions last.

Q. Were you rob'd of the goods mentioned in that indictment?

Davis. Upon my oath I was, and several other goods not mention'd in that indictment.

Q. Did you ever at any time offer to take 5 l. to compound that felony?

Davis. No, never.

Q. Did you see the prisoner that day you took up Bareive?

Davis. I did not, except I saw him before justice Fielding. I never spoke to him till he came to the sessions to swear for Bareive.

Q. Are you sure you saw him at justice Fielding's that day ?

Davis. I will not be positive whether I saw him or not.

Q. Did you see him as you was passing thro' Hounsditch ?

Davis. No, never.

Q. Was a bundle delivered to you at a house near there?

Davis. No bundle was delivered to me, nor I never had one halfpenny-worth of my goods again.

Q. Had you a linen waistcoat on when you took up Bareive?

Davis. I had not, but I had when I was rob bed.

Q. Do you know the father to that Bareive you tried here?

Davis. I do, but never knew him before I took up his son.

Q. Upon what occasion did you see him after that robbery?

Davis. I had advertised my goods, and described the prisoner Bareive. About six weeks after I found him in Spitalfields. I took him up, and carried him into a publick house; he wanted his father, but nobody would go for him. I said, if nobody would go, I'd go myself. I went to the Synagogue and ask'd for him, and brought him to his son, but never mention'd to him that I was the prosecutor, or had any hand in it.

Q. What past betwixt you?

Davis. I said his son was come into some trouble. - My son, said he, - I said yes, I believe it is your son, - said he, I'll go along with you; if he has done any mischief, I'll give two guineas myself to have him transported.

Q. Did you tell him on what occasion his son wanted him?

Davis. No farther than that he was got into some trouble. When he came to the publick house to his son, they talked together something that I did not understand in their language. I took it that the father was very much in a passion, and talked as if he did not care what became of him.

Q. Did you ever offer the father to discharge him (that is, Bareive, if he would give you five pounds?

Davis. No; I am certain I never did.

Q. What day was it that the father said he'd give two guineas to have his son transported?

Davis. It was the 25th of July that I lost my goods, and this was about five or six weeks after that; but I don't know the day of the month.

Q. Did you, that afternoon that you took up the prisoner Bareive, or any other time, go to his father's house and offer to discharge him, on condition he'd give you 5 l?

Davis. No, I never did in my life; I never offer'd to compound it at any rate whatsoever.

Q. Where was you on the 15th of last September?

Davis. I can't tell where I was.

Q. Where do you live?

Davis. In Clare Market.

Q. Do you know where the father's house is?

Davis. No, I do not.

Q. Did Stanley, in your presence, tell him it would be of great service to him, in case he would turn evidence?

Davis. The prisoner Bareive had mentioned to Stanley and others a great many robberies that he had been concerned in, upon which Stanley did tell him it would be of great service to him to turn evidence.

Acquitted .

96, 97.(L.) William Booth and William Slingsby , were indicted for a conspiracy, in unjustly agreeing to charge John Potter with the detestable crime called sodomy, in order to extort money from him . ++

John Potter . I have known the prisoner Booth almost two years; I never saw Slingsby 'till I was sent for to them to the Blossom-Inn.

Court. Give an account of what past.

Potter. A porter came to me and said he had a message for me, which was to go there. I went.

Q. Where do you live?

Potter. I am a peruke maker , and work'd for Mr. Taylor then in Milk-street. When I came there, there were the two prisoners at the bar, who got me into a private room. I was no sooner in the room but the prisoner Slingsby put his hand into my breeches pocket, and took out a pair of Bristol stone buttons. I told him they were not my own, and, with a great deal to do, I got them again. Booth asked me where my watch was? I told him I never had one. He said I had one when I lived with Mr. Gay. I said I never had one. Then Slingsby took the candle from off the table to look at my shoe and knee-buckles. I took my handkerchief out of my pocket to blow my nose. Slingsby asked me for it, took it out of my hand, d - 'd me, and said I should never have it again. I wanted to go home. He unbutton'd my breeches, and used me very unhandsomely. They asked me if I had got any money in my pocket. I said I had nothing but three halfpence. They said they wanted money, d - 'd their souls, and said, if I did not give them some money they would swear I was a sodomite, and would have me hang'd.

Q. Which of them said this?

Potter. They both of them said so.

Cross Examination.

Q. Did not they tell you they sent for you to drink part of a pot of beer?

Potter. No, they did not.

Q. Where did you find them when you first went in?

Potter. They were in the tap room when I went in.

Q. Who shew'd you into the private room?

Potter. I don't know.

Q. Was you alone there?

Potter. There were only us three in that room.

Q. Had you any scuffle with either of them?

Potter. I had with Slingsby.

Q. Did he throw you over a chair?

Potter. He did not, but he used me very roughly.

Q. I ask you, upon your oath, whether you did not speak very indecently to them?

Potter. Upon my oath I did not open my mouth to them, 'till Slingsby put his hand into my pocket.

Q. Had you done nothing to him?

Potter. I had not touch'd them.

Q. Upon your oath, did not you want to kiss Slingsby?

Potter. Upon my oath I did not.

Q. Did not you commit some indecency?

Potter. I did not; I committed no indecency whatsoever.

Q. Did not you ask Slingsby pardon after this?

Potter. No, I never did.

Q. Did you mention any thing to him about asking pardon?

Potter. I offer'd to forgive him, if he would put an advertisement in the papers, asking my pardon.

Q. Was not Booth taken before justice St. Lawrance?

Potter. He was, but he was so fuddled he could give no account of what was said or done.

Q. Did not you declare, in the presence of the constable, that Booth was intirely innocent.

Potter. No, I never did.

Q. Did not you ask Booth to produce the other prisoner?

Potter. I did.

Q. Did not you inquire after one Ashby?

Potter. I did. I know no more of him, only he came along with Booth once, and offered to treat me.

Q. Did not you once attempt some indecency to that Ashby?

Potter. No; I never did to him, nor any body else.

Q. What were their expressions that they made use of to you?

Potter. Both the prisoners d - 'd their souls, and said if I would not give them money they would have me hanged.

Q. Did they name any particular sum?

Potter. No, they did not.

Q. Whether either or both of them said, they would charge you with committing sodomy on any particular person?

Potter. No, they did not name any person.

Q. After the two prisoners had used you as you represent, did you complain to the people at the Blossom-Inn?

Potter. No, I did not.

Q. Who went out of the room first, they or you?

Potter. I did.

Q. Did you go out without paying any part of the reckoning ?

Potter. I did.

Q. Where did you go when you got out of the inn?

Potter. I went directly home.

Q. How far is the room door you was in from the bar?

Potter. I never was in the house before; I don't know where the bar is.

Q. Were there servants waiting in the house?

Potter. There were.

Q. Was the room door lock'd?

Potter. No, it was not.

Q. How far is that room from the publick kitchen?

Potter. I believe it is the next room to it.

Q. Did you make any out-cry?

Potter. No, I did not; I was in a surprise.

Q. Did not you call for help?

Potter. No. I was advised by my friends afterwards what to do; I did not know the consequence of it, I had not been long out of the country.

Q. What was said at your coming away?

Potter. They wanted me to stay longer; I said I was going to the Borough to receive some money.

Q. Did not you speak to somebody in the inn about their usage?

Potter. No, I did not.

Council. Nor make no complaint?

Potter. No, none at all.

Q. Did not you go to the bar to inquire whether the reckoning was paid?

Potter. No, I did not.

Q. Did they let you go quietly?

Potter. They had used me very ill for some time, but they let me go when they found I had no money in my pockets.

Q. Which pocket was it that Slingsby had his hand in?

Potter. It was my right-hand breeches pocket.

Q. Before you went out of the room, whether the prisoners at the bar did not charge you with using them ill, and threaten to prosecute you?

Potter. No, they did not.

Q. Who is Mr. Gay?

Potter. He is a barber, in King-Street, Golden-Square; I work'd with him.

Q. How far was your home from this Blossom-Inn ?

Potter. It was not above a hundred yards from it.

Q. How long after this was it that you made your complaint?

Potter. It was about a week after.

Q. How came you to make that complaint?

Potter. I was afraid I should, have such people after me, so I went to the justice of the peace.

Q. How came you to go to justice St. Lawrance?

Potter. Because I went to that end of the town to take the prisoners up. Booth was had before him, and Slingsby before justice Fielding.

Joseph Barlow . The two prisoners at the bar came to Blossom-Inn, where I live, and asked me to go for John Potter .

Q. Which asked you to go?

Barlow. I believe only one asked me to go; they were both together, I do not know which it was.

Q. Did they tell you where he lived?

Barlow. They directed me to a harber's shop, Mr. Taylor's, at the corner of the passage, about forty yards from Blossoms-Inn; they said Potter was the foreman there.

Q. to Potter. Does your master live there?

Potter. He does.

Q. to Barlow. How were the prisoners dressed?

Barlow. They were in their regimentals, the same as now. They said to me, if Mr. Potter ask'd who they were that wanted him, I was not to tell, but to say they were two gentlemen that were come out of the country, and had a message for him. I went, and he came along with me to them, who were then drinking a pot of beer in the tap-room by themselves; that is all I know of the matter.

Cross Examination.

Q. Who asked for the private room?

Barlow. That I can't say.

Q. How long did either of them stay?

Barlow. I can't tell.

Henry Gay . I heard William Booth say he did not know whether John Potter was a man or a woman.

Q. When was this?

Gay. This was the night that they went before the justice, when the constable was wrangling with them.

Q. Where does Potter live?

Gay. He lives with me now.

Q. How long have you known him?

Gay. I have known him two years this month; he once before work'd for me four months.

Q. What has been his behaviour?

Gay. He has been a very regular sober man, and kept good hours.

Cross Examination.

Q. Who else heard this declaration?

Gay. There were several people that heard it.

Q. How came this conversation?

Gay. Because Potter had got a warrant for Booth, and the constable wanted to make it up; they were persuading all parties to agree.

Q. Did you hear Potter say Booth had not aspersed his character?

Gay. I did not take notice of any such thing.

For the Prisoners.

William Proctor . I am a constable, and had a warrant put into my hands by Potter against Booth. I took him up. (The warrant produced in court.) We were together two hours and a half, thinking to make it up.

Q. Who were with you?

Proctor. There were Potter and two or three masters that he had lived with, and some talk came up about one Ashby. Potter said to Booth, if he would bring Slingsby on the morrow at night, and they would ask his pardon, he would forgive them both.

Q. Did you hear Potter, at the time of this conversation with Booth, declare that Booth had not aspersed his character?

Proctor. He said he had nothing to alledge against Booth, only that of bringing the rest of the soldiers into his company, and that he had done something that was not manly or decent in a man to behave so.

Q. What soldier did he mean besides Slingsby?

Proctor. There was one Ashby that Potter mentioned.

Q. to Potter. Was Ashby with you and the prisoners at the Blossom-Inn ?

Potter. No, There were only the two prisoners.

Q. to Barlow. Was there any body along with the two prisoners when they sent you for Potter ?

Barlow. No, there was nobody with them.

Q. to Proctor. Where was this conversation?

Proctor. This was at the Castle in Silver-street, just by Mr. Gay's.

Samuel Hore . I am a serjeant in col. Boscawen's company, in the first regiment of foot guards, to which the prisoners belong. I have known Booth these seven years, and Slingsby near ten. He has got three discharges he had from other regiments, that he has served in, where they recommended him to other services, if any body would take him. They are both very honest industrious men, and have always behaved well. I have been their serjeant three years, I never heard that either of them ever disobliged their officers, but always behaved well.

Thomas Wootlon . I am a serjeant in the same company. I have known Booth seven years, and Slingsby betwixt nine and ten; they both bear universal good characters, and have been well respected in the regiment. I always took them to be honest men.

Joseph Hunt . I am a corporal; when Booth came to the pay-table to receive his pay, he made application to the captain on this occasion, and the captain ordered me to go into the city, to inquire what it was that Potter had got a warrant for Booth for. I sent for Potter, his master was in the house at the time; the master said, he would go and send his man to us, for they could not both leave the shop together, so Potter came. I said to him, how came you to fetch a warrant for Both; he said he did not know for what. He said he was inform'd by one Francis Ashby in our company, that Booth had fetch'd a warrant for him.

Q. How long have you known the prisoners?

Hunt. I have known Booth ever since he has been in our company, which is seven years and upwards. and Slingsby very near nine. Soon after we were talking together, Booth and Slingsby came in. I said to Potter, do you know any thing of Slingsby; he said he never saw him till he came along with Booth to him Said Booth, how came you to fetch a warrant for me. Said he, I was inform'd you had got one for me. Said Booth, I have got no warrant for you, I wonder you should fetch one for me, and you the aggressor. Potter said he would make it up, if his master would let him; with that his master was sent for, and he desired me to meet them at the Castle near Golden-Square, between seven and eight at night. I went, and neither of the men came. I left Booth with the constable there, and heard no more of it then.

Q. What are the characters of the prisoners?

Hunt. They always bore very good characters, I never heard their names brought in question since they have been in the regiment.

Q. to Prosecutor. You hear what the corporal says, that you would have made it up. if your master would agree to it?

Prosecutor. I was advised afterwards by my friend to go forward with it.

Q. to Prosecutor. Did you say you would make it up if they would both ask pardon?

Prosecutor. I did.

Q. Did you tell Hunt you had not taken a warrant for Booth, but on account you heard he had taken one for you.

Prosecutor. I did not tell him any such thing.

Q. to Hore. Was you with Hunt at the time he speaks of?

Hore. I was, it was in Honey-Lane Market.

Q. Is what Hunt says true?

Hore. It is in every particular.

Both Acquitted .

98. (M) Margaret, wife of Terence Larney , was indicted for that she feloniously and traiterously 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 form of the statute in that case made and provided , Dec. 16 .*

Alice Diamond. I have been acquainted with the prisoner at the bar about three years; her husband is a hard working man. He sometimes work'd at labouring work, and sometimes work'd for a hatter.

Q. Where did they live?

A. Diamond. They had a room in a house in Drury-Lane .

Q. Did you ever see her do any thing to any sort of money?

A. Diamond. I saw her file one guinea.

Q. How did she file it?

A. Diamond. She had two files, the first was a broad file, and the other a small three-corner'd file.

Q. Should you know them again, if you was to see them?

A. Diamond. I should know the same sort of files (two files produced in court, one a flat twopenny file, about seven inches long, of the bastard fort, and the other a small smooth three-corner'd file, about four inches long.

A. Diamond. These are of the same sort.

Q. How long is it ago since you saw her file a guinea?

A. Diamond. It is rather better than ten months ago.

Q. Where did she file it?

A. Diamond. In her own room in Drury-Lane.

Q. Was any body else present at the time?

A. Diamond. Nobody but myself.

Q. How came she to let you see her?

A. Diamond. I call'd there as an acquaintance to see her; I had heard something of her doing it, but never saw her do it before.

Q. Who did you hear say she had done it?

A. Diamond. I heard her say herself she had filed guineas.

Q. Was this before the time you saw her file one?

A. Diamond. It was.

Q. Who did she say this to?

A. Diamond. She said so to me.

Q. What did she say she did with the filings?

A. Diamond. She said she sold them to one Abraham Jacob a Jew.

Q. Did you hear her mention selling to him more than once?

A. Diamond. I did.

Q. Did you ever see her sell any to him?

A. Diamond. I saw her once sell some to him.

Q. How much of it was there?

A. Diamond. I can't say how much.

Q. Did you see any more guineas she had when she was filing that one?

A. Diamond. I saw more in her lap.

Q. How did she get these guineas?

A. Diamond. By going to pawnbrokers, and carrying silver to be changed for gold.

Q. In what manner were they disposed of afterwards?

A. Diamond. That was according as she could, in publick-houses, or in shops; she would buy goods, pay in gold, and take silver in change. She was very poor, and if she could borrow money of any body she would. After she had bought linen or things she would go directly to the pawnbroker's and pawn them, get a guinea or more, and go directly to work upon the money.

Q. from prisoner. What reason have you for bringing me here before your sister-in law? she was the only person that first brought it up in London.

A. Diamond. If you had not done it, I should not have said you had.

William Diamond . I'am husband to the other evidence, and have known the prisoner at the bar about nine months. I have seen gold filings in her custody several times.

Q. Could you tell what they were filed from?

Diamond. She told me they were the filings of guineas.

Q. Did she tell you what she did with them?

Diamond. She said she sold them to one Abraham Jacob , or Jacob Abraham ; but most commonly they inquired for Abraham the Jew.

Q. Did you ever see them together?

Diamond. I have been with her and him at the Hole in the Wall, and at the Lancashire Witch, a little below that place.

Q. What did he give her an ounce for it?

Diamond. To the value of three pounds an ounce.

Q. How did she procure guineas?

Diamond. I don't know how she got them; but if she had any acquaintance that came over from Ire-land with a little money, she would inveigle it from them, and tell them she could get them better bread than to go to hard labour.

Q. Who did she say so to?

Diamond. That was to one Hugh Kelly . She said she could take so much off a guinea, and after that pass it away. I have heard her say so to more than one.

Q. What did she say she could take off from a guinea?

Diamond. That she could take off to the value of a shilling.

Q. Where have you heard her say this?

Diamond. At her lodgings.

Q. How often?

Diamond. Three or four times.

Q. Did you ever hear her acknowledge the putting off guineas that had been filed?

Diamond. Yes, I have, and have been with her at publick-houses when she has changed a guinea for liquor. She has pull'd out her purse and said, here is to the value of a guinea or 25 s. or the like, meaning in file dust, and has said, I have a couple of guineas to put off, and I have went with her.

Q. Did you ever see the filings weigh'd?

Diamond. No, but I have seen it in a paper.

Q. Did she ever acknowledge to you it was the filing of guineas?

Diamond. Yes; she has shew'd me the guineas that were filed, and I have seen her put them off.

Q. from prisoner. Pray where did I put off a guinea in my life?

Diamond. I know of two in particular, in St. Martin's Lane.

Q. Were they filed ones?

Diamond. She said they were.

Roger Boucher . I am a constable, and had a warrant from Mr. Fielding to search the prisoner's lodgings, who lived then by the Bull and Gate, Holbourn, in a court which I don't know the name of. This was on the 18th of December, being a Sunday night. The back part of the house looks into the Bull and Gate yard. The prisoner was sitting by the fire with a child in her lap. I saw another room, in which was a bed. I went in there, where I saw a box, which, I said, I must look into. She said, I need not give myself the trouble to look there, for there was nothing, and was very loth to have me look there. There were rags in the box, which she often put her hands in amongst, and seemed not willing they should be tumbled about; but among them I found these two files, which Alice Diamond has look'd at. They were wrap'd up in a piece of rag. I found also a bit of allum and some wax. (Producing them.)

William Diamond . This is what they + put in the pots before they run it down, it was to rub the inside of the pots with.

+ By the word they, the evidence meant the prisoner and Alice Davis .

Boucher. I don't know what it is, it may be Saltpetre, or Borax. Here is the appearance of gold very plain on the files to be seen now (the Jury look at the files.)

Prisoner. The constable ask'd me which way I got those files, and I said I did not know which way they came there.

Boucher. I believe I might ask her such a question, but I do not recollect what she said; she did not give me a positive answer.

Prisoner's Defence.

I am wrong'd as much as any creature that ever was before you, I can deny it with all the pleasure upon the face of the earth. I was going to the Haymarket to carry my husband some dinner, when this witness Diamond met me in the Strand. I never saw him above three times before that. He treated me and my husband with a pot of beer. His wife was after being in a cheesemonger's shop; I asked him how his wife did, and said she was a great stranger; he said she wanted to speak with me, and she came over with a guinea. I said I would treat them with a pot of beer, and said I had as much money as would pay for it; but he said I was welcome to take share of a pot of beer. They went up into an alley, and call'd for a pot of beer; his wife pull'd a guinea out of her bosom, and paid for it. Then they went to another house, and he took another guinea out and changed it, and paid for that. I was going to buy a pattern of two shirts for my husband. Then we went in at the White Hart in St. Martin's-Lane, and call'd for some rum, and he pull'd out another guinea. The woman went backwards, and said to me, I cannot live with this man, I have a mind to leave him, I have heard so bad a character of him since I married him, and I'll be at your house by eleven o'clock to morrow. I gave her the marks and tokens of my house; it is No. 10. at Little Turnstile, Holbourn. She came two or three days afterwards, and asked for me, but I was out. She told the woman that I had left to take care of my five children, that she must go backwards. She went into my bed room, and the woman said she staid there about half an hour, and that she had some things in a handkerchief. She said when she came out, she had left some things in my room, and desired her to tell me not to touch the things that belonged to her. I came home, and the woman told me Mrs. Diamond had been there, and had staid in that room half an hour, that she had open'd the door after Mrs. Diamond was gone, and found she had pushed a handkerchief under the foot of my bed, that she look'd at it, to see what it was, and found two bits of iron in it (her husband never came to my house in his life) and told me she had thrown the things into a box till I came home. She had owed me a spight, I never saw a guinea of my own for a long time. She came one morning and watched at the door till my husband was gone out; she said why don't you get up, I said I am not in a way of getting up, the day is too cold for me She said if you'll come with me to Covent Garden, I'll give you tea and sugar enough, and then she said to me if I would go along with her every day, she would give me three pence for every guinea I would get her changed, that a man at the Temple allow'd her that, and she would allow me half profit.

For the Prisoner.

Elizabeth Roberts . I saw Alice Diamond in the prisoner's lodging about two months ago.

Q. Where was the prisoner then?

E. Roberts. The prisoner was not at home.

Q. What did she do when she was there?

E. Roberts. She came in, stop'd for a few minutes, desired to know if she could go into a back room, went in, and nobody went with her. She was there for a considerable time before she came out again to me. When she came out she said she had left something there, and desired I would not let the children meddle with them till she came back again. I told her they should not meddle with any thing, nor go into the room. I never went into the room till I went in to make the bed. I turned up the bed, and found two little things rolled up. (She looks on the largest file, and takes it in her hand.) One was like this, and the other a small one. I threw them into a box that was in the room.

Q. Did Alice Diamond come for them again?

E. Roberts. She never came into the room again in my time.

Q. What was in the box at that time?

E. Roberts. Nothing but a parcel of old rags.

Q. Did you cover them with the rags?

E. Roberts. No, I only threw them into the box. I am very sensible Mrs. Larney had nothing to say to these things; I thought they were something belonging to William Diamond's accoutrements, he being a soldier.

Cross Examination.

Q. Who are you?

E. Roberts. I took care of the prisoner at the bar's children.

Q. How long was you with her?

E. Roberts. I was with her four or five months.

Q. What time of the day did Alice Diamond come to that house?

E. Roberts. It might be about two o'clock, but I can't tell the day of the month because I am no scholar.

Q. What time was it you went to make the bed that night?

E. Roberts. About eight at night.

Q. What time did the prisoner come home?

E. Roberts. She did not come home, I believe, till ten at night.

Q. Had you thrown these peices of iron by before she came home?

E. Roberts. I had.

Q. Did you tell her of them?

E. Roberts. I did. She asked me what I had done with them ? I said I had thrown them into the box.

Q. Do you know what that is that you took in your hand?

E. Roberts. Certainly I know what a file is.

Q. How then could you imagine they should be some of her husband's accoutrements?

E. Roberts. When I felt them rattle I thought they were some things belonging to him.

Q. Did not you say they were put up in something?

E. Roberts. They were wrap'd up in an old rag of a handkerchief.

Q. Did you open them?

E. Roberts. I did.

Q. Was any thing else in that rag besides the two files?

E. Roberts. There was a hit of cheese in the handkerchief.

Q. Did you leave them with the handkerchief

E. Roberts. I did, and left them as I found them.

Q. Was there a string round them?

E. Roberts. I cannot tell whether there was or not.

Q. Did you take care of the prisoner's children at the time she was taken up?

E. Roberts. No, I did not.

Q. How long have you left her?

E. Roberts. I left her two months ago.

Q. What did you do for a livelihood after you left her?

E. Roberts. I went to wash and iron for a laundress, on the other side of Lincoln's Inn-Fields.

Q. Did you see the prisoner at justice Fielding's?

E. Roberts. I did.

Q. Did you tell this story there?

E. Roberts. No, I did not.

Q. Did you tell one single syllable of it there?

E. Roberts. No, I did not.

Q. Do you remember she was asked by the justice of the peace how she came by the files?

E. Roberts. I was not let into the office.

Thomas Caroe . I have been acquainted with the prisoner about thirteen or fourteen years.

Q. Where?

Caroe. In Ireland, in the first place.

Q. When did you see her last?

Caroe. I have not seen her for about nine or ten years.

Q. Had you ever any great acquaintance with her?

Caroe. No.

Q. Had you ever any dealings with her?

Caroe. No I have been in her company, and she has been at my house. I never heard any thing amiss of her before this. I took her to be an honest woman all my life. I don't know how far she is guilty of this.

Elizabeth Fielding . I have known her a long time, several years.

Q. What is her general character ?

E. Fielding. I never heard any other character, but that of a poor honest woman. I never heard any harm of her before this.

Q. to Alice Diamond . Was not you taken up on suspicion of filing guineas?

A. Diamond. I and my husband were taken up, and brought before justice Fielding.

Q. How long is that ago?

A. Diamond. It is about a month ago.

Q. to William Diamond . On what account was you taken up?

Diamond. I had a light guinea of Mrs. Davis, which I put off; I had put off several for her at different times.

Boucher. William Marsden was with me at the searching the prisoner's lodgings.

William Marsden . I am a clerk to Mr. Fielding.

Q. Do you know the woman at the bar?

Marsden. I do. I went with Boucher, the constable, to search the prisoner's lodgings; it was on a Sunday evening, but I am not certain of the day of the month.

Q. What month was it in?

Marsden. It was in December.

Q. Did you see the files?

Marsden. I did. When we came to search the box she said there was nothing there, so we need not to search it. We were soon obliged to hold her, she flew into such a passion. She got her hands in, threw the rags about one way and another, and wanted to prevent our looking amongst them. At last we found the two files wrap'd round with a bit of a rag. There was another woman there. The prisoner called her boy, and said to him, did not you find those files in the cellar yesterday? He said, no, mama, I did not find them. (She wanted to speak to him, and pull'd to get him from the constable) Then she said to the old woman that was there, why don't you tell the Gentlemen? you know the boy found the files in the cellar.

Q. What did the old woman say to that?

Marsden. She took the hint, and said, yes, it was so; but said very little to the purpose. We searched, and found a bit of wax. Then we sent some people with her to the Round house. She wanted to stick to it, that they were found in the cellar, and the old woman was ready to stand to it.

Q. to Alice Diamond . Was you there as the witness Roberts has said?

A. Diamond. No, I was not; I did not know where she lived at that time. It is about five months since I was in her room, and that was when she lived in Drury-Lane.

Guilty , Death .

99. (M.) Alice, wife of John Davis , stocking seller , was indicted for that she feloniously and traitorously, with certain files and other instruments, one piece of good and lawful money, of the current coin of this kingdom, called a guinea, did unlawfully file and diminish, against the statute in that case made and provided , December 16 . +

At the request of the prisoner, Diamond and bir wife were examined apart.

William Diamond . I have been acquain ted with the prisoner nine months.

Q. Where did she live?

Diamond. She lived in St. Thomas's Street; it turns down from Drury-Lane.

Q. What is her employ?

Diamond, She sells caps and pockets about the streets.

Q. Did you ever know her to follow any other employment?

Diamond. I have known her to file guineas several times, run the dust afterwards into little pots, and then sell it to a Jew.

Q. How often have you seen her run it?

Diamond. I have seen her run it twice.

Q. How many were the most you ever saw her file at a time?

Diamond. Twelve were the most I ever saw her file in all.

Q. What do you mean in all?

Diamond. I mean one after another, the same day.

Q. How many different times did you see her file guineas?

Diamond. I have seen her about eight or nine different times.

Q. What was the man's name she sold it to?

Diamond. One Abraham Jacob , a Jew; he lived in Hounsditch, between the King's-Arms and the Nag's Head.

Q. Do you know where he is now?

Diamond. No, I do not know.

Q. How did she use to come at money to work upon?

Diamond. She used to go to the pawnbrokers with silver. Sometimes she would say she was going into the country, or to lay out money to buy pockets, and get her guineas off; again, perhaps, by calling for a pot of beer, or a pound of butter, bacon, or cheese.

Q. What means did she make use of in casting the filings?

Diamond. I have seen her rub a little pot with saltpetre, put it into the heart of a coal fire, blow it up for about thirteen or fourteen minutes, and then pour it out on the bottom of a brass candlestick.

Q. How many times have you seen her do that?

Diamond. Four or five times.

Q. Did you ever hear her give any account of her being in danger, in attempting to put off this diminish'd money?

Diamond. She has said several times she could say she took them in her dealings with a gentleman in Smithfield, and at other times she would say her husband took this guinea when he was drunk.

Q. Do you remember any information she gave you of her having been likely to come into trouble, when she has offer'd silver for guineas?

Diamond. She told me she had been suspected at a pawnbroker's on Snow Hill, they would not give her guineas for silver, so she would not go there any more; that they scrupled very much with her, and likewise on the other side of Temple-Bar, up a court.

Q. Do you remember the pawnbroker's name on Snow-Hill?

Diamond No. I do not. She came down to a room that I had in St. Martin's Lane, and knock'd at the door. I told my wife I would not let her in, and she made a great noise. I was for droping her acquaintance. She came the next day, brought twelve guineas, and a news-paper. When I came in she was filing these guineas on the paper, and took eight shillings and six-pence from them.

Q. How do you know that?

Diamond. She had got weights and scales.

Q. Look at these scales. (A pair of gold scales produced.)

Diamond. These are as like them as any I ever saw; I believe them to be the same.

Q. Did you ever see her weigh guineas in scales?

Diamond. I have, in her own house.

Q. Look at these weights. (Weights produced.)

Diamond. These weights are the same she used, to the best of my memory; there were some with five marks, four, and little thin bits, called grains I believe.

Q. Were there any guinea weights?

Diamond. No.

Q. Where did she keep her weights?

Diamond. In a box most commonly.

Q. Look at this snuff box, do you know it?

(An iron snuff box produced.)

Diamond. This is like the box. She used to pretend she was cutting out patterns for pockets and caps, that nobody might see her, and in the mean time she was cutting and filing of guineas. I remember about the beginning of July she was at our house, before I was married to my wife, and was always giving them to my wife to put off. I then did not know the thing. I thought she must be a woman of great dealings, and after I was married she secreted nothing from me.

Q. How long is it since you saw her filing any?

Diamond. I believe it is about four months since I saw her file the last

Q. Where was that ?

Diamond. That was in her own house. I have seen her file guineas several times at her own house, and at the Black-Boy and Harrow in my room.

Q. from prisoner. Did I ever give you a guinea to put off?

Diamond. Several times.

Prisoner. I should be very 10th to trust you with a guinea. I never was in his house in my life.

Diamond. I have dined and sup'd at the prisoner's house. When I work'd at Bow I have come up to her house. She was with me when I was married to my wife. Before I was married to my wife, the prisoner gave me three guineas to change at Charing-Cross.

Q. When did you first become acquainted with your wife?

Diamond. I had courted her two years, but she was in a good service, and I in good work, and so continued till we could put ourselves in a good way; then she left her service.

Q. How long after she left her service did you marry her?

Diamond. In about two months after, as nigh as I can recollect.

Q. Where did she live during those two months.

Diamond. She lodged at Mr. Banes's, at a little turning out of Wild-Street, where she lay on nights, and in the day time she was along with the prisoner.

Q. How do you know that?

Diamond. When ever I came I always found her at her house.

Q. In these two months did you go to the prisoner's house ?

Diamond. I did for about a month, whenever an opportunity served

Q. Was that the beginning of your acquaintance with the prisoner ?

Diamond. It was.

Q. What did your wife do at her house?

Diamond. She was a very intimate acquaintance of hers.

Q. What did you find them doing when you went there?

Diamond. Sometimes they were at home, and sometimes out. When they were out, I went to the sign of the Mogul's Head, till they returned.

Q. When you found them at home, what did you find them doing?

Diamond. My wife told me she was learning her business, that is, to cut out caps and pockets.

Q. When you went there, did you ever find them cutting out caps and pockets?

Diamond. I had seen Mrs. Davis cutting out caps and pockets, and I thought my wife went to learn that.

Q. Did you ever see them doing any thing else?

Diamond. I never saw them do any thing till after I was married, but cut out caps and pockets.

Q. Where did you lodge then?

Diamond. I lodged then at Bow, and work'd at Bow.

Q. Did they ever come to you at Bow?

Diamond. They came down once.

Q. On what account?

Diamond. On the account of my living with a woman there five years; she was willing to know the right of it, and to see her face to face, and inquired into my character. Mrs. Davis's husband came with them.

Q. How long did they stay with you at Bow?

Diamond. They staid till between eight and nine next morning.

Q. Was that before or after you married your wife?

Diamond. That was before.

Q. When was the first time you put off a guinea?

Diamond. It was at the Mitre at Charing Cross.

Q. How long before you married?

Diamond. About a week before I married.

Court. Then you had no discourse with her about coin till after you was married?

Diamond. No, not till after I was married, I put off that at the Mitre before.

Q. Where did she give it you?

Diamond. She gave it me in the street going along.

Q. Where were you going?

Diamond. We were going to take a walk towards the park.

Q. Did she tell you the reason of her giving it you to put off?

Diamond. No, she said here is a guinea, go in and call for six penny worth of rum and water, I want silver. I did not know but that it was to treat me, out of regard to my wife.

Q. Did she go in with you?

Diamond. She did, and took part of the liquor; we had it at the bar.

Q. Who were with you?

Diamond. There were her husband, my wife, she and I.

Q. Now tell the second time you put off a guinea for her?

Diamond. That was at the Goat at Charing-Cross, the same day. This was on a Sunday in the afternoon, at about an hour distance.

Q. What did she say to you when she had got the other silver about her, in order to induce you to change another guinea?

Diamond, She said she had lost the selling her pockets and things for want of change.

Q. When did you put off any more for her?

Diamond. I can't tell any particular times, I put off several for her; I put off two at the Red Lion in Bromley Street for her, about a week before I was married.

Q. Had you no suspicion all the time about these guineas ?

Diamond. I had not indeed any, till after I was married, and had seen her file some; neither did I know any thing of the affair.

Q. After you was married, tell me the first time you had any fort of suspicion?

Diamond. That was when I saw her do it. I asked my wife what was the reason of her giving me guineas to put off, for then I began to suspect her.

Q. How long after you was married did you see any thing done by the prisoner?

Diamond. I believe it might be about a week after.

Q. Did she ever say any thing to you before you saw her doing them?

Diamond. No, she never said any thing to me till I saw her go to work in her own house. I used to come to see her frequently, and used to go to the Mogul's Head and have a pot of beer, and then my wife told me the prisoner used to do so and so.

Q. Was this before the prisoner told you of it?

Diamond. Yes.

Q. Did she know your wife told you of it?

Diamond. I judge she knew my wife had told me; she went up stairs and left me below, then I went up stairs, and the prisoner opened the door, ( it was lock'd) and I went in and saw her doing them. She said, when below, I beg the liberty, as I have got some guineas, to go up and do them, and we'll go and put them off, and we will have a glass together.

Q. Was this the first time you saw her do them?

Diamond. It was; she staying longer than ordidinary, I went up.

Q. What did you do when they were done?

Diamond. As soon as they were done we went out.

Q. How many did she do at that time?

Diamond. She did half a dozen then.

Q. Who put them off?

Diamond. She put off some of them. Then she would say, when we came to another house, I have been to this house so often, do you go in, they'll take no notice of you, as you belong to the army. When ever she could meet with me, she used to get me a little in liquor, and then to go and put them off for her. Sometimes we have got one off for buying a pound of mutton, or a beef steak, or going to get a dram.

Q. How came you to make a discovery of it?

Diamond. That was on account of a guinea that was too light which I went to put off for her.

Q. When was this?

Diamond. I believe it is about a month ago; the landlord disputed it.

Q. Where was it?

Diamond. In Tyburn Road; he brought it before justice Fielding, and left it there; he thought it was not good.

Q. What became of it afterwards?

Diamond. It was returned to me by the justice, who took down my name, and the regiment I belonged to. I was taken up on a Friday, and on the Sunday I was sent for to justice Fielding, and fresh examined.

Q. What was done on the Sunday, when you was fresh examined?

Diamond. Two serjeants came and brought me and my wife, and we were put into the Round-house at Westminster, and on that day we were brought before the justice. The justice committed my wife to Clerkenwell Bridewell, and me to New-Prison, and I made the discovery.

Q. When did you make the discovery ?

Diamond. To justice Fielding that Sunday.

Q. When you saw the prisoner filing the guineas, was any body with her?

Diamond. No.

Q. What did you do?

Diamond. I sat down on the bed side, just by where she was at work.

Q. Did you never see any body with her, when she was filing?

Diamond. No, I never saw a second person, except myself.

Q. Did you never see your wife with her, when she was filing?

Diamond. No, never in my days.

Q. After you was married, and before you was taken up, how many guineas do you think you might put off for her in all?

Diamond. I can't readily tell how many, - I believe from time to time upwards of forty.

Q. What did you think of these forty guineas afterwards?

Diamond. I thought it was very bad, and for that reason I moved down to Westminster, to keep out of her company; but when ever she met me, she chose to give me a drop of beer, and then put me upon putting them off at alehouses.

Q. When was it you was married?

Diamond. I was married May the 4th.

Alice Diamond . I am wife to William Diamond , I have known the prisoner about three years.

Q. Where did you live when you first knew her?

A. Diamond. I was in service, at a grocer's in Covent Garden.

Q. When did you leav e that service?

A. Diamond. Better than twelve months ago.

Q. When you left that service, where did you go to lodge?

A. Diamond. I went to lodge with one Mrs. Banes, in Little Wild-street, and Alice Davis , the prisoner, lived in Little Thomas's street, Drury Lane. I used to go frequently to her house.

Q. How often ?

A. Diamond. I used to call there every day, and she used to send for me.

Q. What was your intention in going there?

A. Diamond. Only as having but little acquaintance in London, and she desiring me to come to her.

Q. Had you any thing to do there ?

A. Diamond. Nothing more than going backwards and forwards. She desired me to come, and when I did not come, she and her husband used to come for me to my lodgings.

Q. What did you see her do there?

A. Diamond. I saw her file guineas and half guineas.

Q. When did you first see her file guineas ?

A. Diamond. I never saw her file any till after I had left my place.

Q. How often had you been there after you left your service, before you saw her file guineas?

A. Diamond. I had not been there above half a dozen times, before I saw her.

Q. Did you ever see her file guineas while you was in service?

A. Diamond. No, I never did.

Q. How came you to see her do it the first time?

A. Diamond. She open'd it to me, and beg'd I'd take them to change for her.

Q. Did you change any guineas for her before you saw her file any?

A. Diamond. Yes, I did some, but how many I can't say. She told me she could make a profit by them, and it would be better for me to be with her, than at service. I asked her how she could do it. The next day she sent her husband for me, and I went; she said she had some filed, and wanted me to put them off, and sent me to places where she did not chuse to go.

Q. Did she mention any thing to you about filing ?

A. Diamond. She did that night; she went to a pawnbroker and got gold for her silver then.

Q. How long was this before you was married?

A. Diamond. That was about a month before I was married.

Q. Tell the words she mention'd to make you sensible of it.

A. Diamond. She said she filed guineas and half guineas; that she could sell the filings, get a great deal by it, and so get tea and sugar.

Q. Did you, after this, see her file any guineas ?

A. Diamond. Yes, I did.

Q. How many time between that and the time you was married ?

A. Diamond. I can't say; but there were few days, for about a month, but that she filed some.

Q. How many at a time?

A. Diamond. Sometimes six, sometimes eight, and sometimes ten, according as she could receive silver to change for guineas.

Q. After you was married did you see her file any guineas?

A. Diamond. Yes, very often.

Q. How long is it since the last time you ever saw her file any?

A. Diamond. It is not a great while ago, but I can't tell how long; I think it may be about two months, or thereabouts.

Q. How long before the time you was before justice Fielding ?

A. Diamond. It was not a great while before that; she gave my husband a light one to put off.

Q. Do you mean it was at that time you saw her file them?

A. Diamond. It was before that.

Q. How many times do you imagine, after your marriage, you saw her file guineas?

A. Diamond. I can't say how often, but I saw her file guineas very often.

Q. Was your husband by when she filed guineas?

A. Diamond. He has been by when she has. She has come to our room, and filed them there, when my husband has been present at the time.

Q. How long was this after your marriage?

A. Diamond. Not long after; I believe within a month after.

Q. How many did she file at that time?

A. Diamond. At that time, as near as I can guess, she had eleven guineas.

Q. Where was it that you lodged them ?

A. Diamond. At the sign of the Black-Boy and Harrow.

Q. Do you know what became of those guineas?

A. Diamond. She went out, and passed them off.

Q. Did any one else endeavour to pass them?

A. Diamond. Not to my knowledge.

Q. Did you or your husband see her file guineas any where else?

A. Diamond. Yes, my husband and I have both seen her file guineas at her own house, in Thomas's-Street.

Q. How long was that after the time you speak of, of seeing her file some at your lodgings?

A. Diamond. It was about two months, as near as I can guess, after.

Q. How long, after you became acquainted with her, was it that you first had discourse with her about filing of guineas?

A. Diamond. I had no talk with her while I was in my service, but afterwards she would take me out of my lodgings to put them off for her.

Q. Did you ever put any off for her while you was in your service?

A. Diamond. No, I did not.

Q. How came you acquainted with her?

A. Diamond. She came to my brother's, in Tyburn-Road, to lodge.

Q. Was you in service at that time ?

A. Diamond. No; I was at home then.

Q. How long did she lodge there?

A. Diamond. About a fortnight.

Q. Where did she go afterwards?

A. Diamond. I believe she came and took the house in Thomas's-Street, Drury-Lane.

Q. Did your husband see her file guineas often?

A. Diamond. My husband and I were frequently present when she did.

Q. How long was it after you left your service that you was married?

A. Diamond. It was about six or seven weeks after.

Q. When was you married ?

A. Diamond. I think it was the 4th of May last.

Q. Did your husband use to come to you to her house before you were married?

A. Diamond. Yes, very frequently.

Q. Could he see filing there before he and you were married?

A. Diamond. No, never before we were married, as I know of; but Mrs. Davis would take me out to put off money, because she would not put off any where she had been before.

Q. Did the prisoner and you ever go down to your husband at Bow ?

A. Diamond. Yes, once; she and her husband went with me.

Q. What did you go there for?

A. Diamond. Because of a woman that my husband had lived with, to whom, it was said, he was married; so he desired me and the prisoner to go down to see what the woman had to say for herself, and when we came there the woman had nothing to say, only that she was not married to my husband.

Mr. Alexander. I am a pawnbroker, and live upon Snow Hill. About three or four months ago the prisoner came to my shop with a guinea-worth of silver, at a time it was scarce, and I gave her a guinea for it. Two or three days after she brought me two or three guineas more in silver, and desired me to give her good guineas for it. The expression alarmed me, she making use of the word weighty guineas. I ask'd her name. She said Davis. I ask'd where she lived. I think she told me in Parker's-Lane. I asked her business, but I have forgot her answer. Then I gave her her silver back again, and would not let her have gold, I really suspecting her.

Q. Had you any previous knowledge of her?

Alexander. I lived in that part of the town, and, I think, I remember her.

Q. Did she ever come to your shop again ?

Alexander. No. I ordered her to come no more, and she never did.

Q. from prisoner. Did I ever come to your house?

Alexander. Upon my oath you did.

Prisoner. Really I don't know but I might.

Benjamin Colier . I live at the corner of St. John's-Alley, Leicester-Fields, and am apprentice to Mr. Robey, an ironmonger and brasier; the prisoner has come often to our shop.

Q. How many times?

Colier. I can't pretend to say how many times, but not lately.

Q. How long is it ago since the first time?

Colier. It may be about two years ago.

Q. When was the last time?

Colier. I believe I have not seen her these four or five months.

Q. When she came, what was her business?

Colier. She used generally to buy crucibles, melting pots, and sometimes small files.

Q. What is the use of crucibles?

Colier. They are to melt metals in.

Q. What are the sizes of them?

Colier. They are of different sizes; she usually had small ones.

Q. Did you ever ask her what she did with them?

Colier. No, I did not.

Q. How many times has she bought of you?

Colier. I can't tell; I was not always in the way. I have seen her in our shop, perhaps, ten or twelve times.

Q. Did she use to buy any thing else but these articles?

Colier. I don't remember selling her any thing else; I generaly served her, but I could not always please her with files.

Q. What sort of files were they?

Colier. They were three-square files, of the small sort.

Prisoner. I don't know that witness; I never bought any pots there.

John Mackey . I left Mr. Robey's service the 24th of October last. The prisoner was continually a customer there. I have seen her there several times, and she has bought melting pots and files. I sometimes have serv'd her, and sometimes my fellow apprentice Benjamin Colier . Sometimes she has come twice a week.

Q. How many times may you have served her?

Mackey. I may have served her in all forty or fifty times. She used to buy two-penny flat files, and another fort, three-corner'd, for three halfpence.

Prisoner. I do not know that young man at all.

Roger Boucher . On the 18th of December I searched the prisoner's lodgings, in St. Thomas's-Street, Drury Lane, where I found nothing but a pair of scales and weights, which I delivered to Mr. Spencley; they were in a drawer on the ground floor, and the weights in a little tin box.

John Spencley (producing the scales and weights.) These Mr. Boucher delivered to me, I am a constable. These are the same I shew'd to Diamond, and I have had them in my custody ever since.

Prisoner's Defence.

If I had made money, I should have given it to those people where I dealt. The woman aims to take away my life Her husband was never an acquaintance of mine, but I have asked her to come and eat a bit of dinner with me. My husband and I walk the streets to get our bread. I was told a good while ago, that the man was going to make information. I might have got away, if I had thought any thing of this, but I gave myself up to a constable, and desired him to go with me to justice Fielding. I never filed guineas in my life.

For the Prisoner.

William Shaw . I am a linen-draper, and live in Smithfield. The prisoner has dealt with me and my partner, named Pinkney, for upwards of three years. I believe we have taken upwards of a hundred pounds of her, and never took any light money of her as I know of.

Q. What did she trade in ?

Shaw. She used to buy linen and diaper, and the like, to make pockets and what things she sold.

Cross Examination.

Council. The expression you make use of is, she never gave you any light money, as you know of; you may have light money paid you as well as other people, may you not?

Shaw. We may, but I mean I never took notice that hers was too light, so as to return any again.

Q. Did she pay you in small sums ?

Shaw. May be 20 or 30 s. sometimes 5 l. part in silver, and part in gold.

James Brook . I keep a chandler's shop in Thomas's-street; the prisoner has dealt with me, and paid me very honestly.

Q. Did she pay you in gold?

Brook. Sometimes she did, but not above three or four guineas in the two years she dealt with me, and they were very good for what I know.

John Ward . The prisoner was a tenant to me three years and a half, in Thomas's-street. She paid me my rent, which was 7 l. a year, both in silver and gold. I never received any bad money of her as I know of. She rented a whole house of me.

Q. What was her way of business?

Ward. I know nothing of that, only as to trading in pockets and caps, and the like.

Guilty , Death .

100. (M.) Lucy Roberts , spinster , was indicted for feloniously aiding and assisting, comforting and abetting, a person unknown, to commit a rape on the body of Ann Cooley , spinster , Dec. 25 .*

Ann Cooley. The prisoner lives in Exeter-street, next door to the Blackmore's Head . I had been a servant to her about a week. On Christmas day last she dressed me up in a blue and white linen gown with ruffled cuffs, and a round-ear'd cap, without a caul; this was about two o'clock in the day, I asked her what I was dressed up so for. She said I was to go into company to drink a glass of wine, when the ladies had any company. I said I was ashamed. About eight o'clock she call'd me up to her, into the back parlour; she bid me sit down, and made me drink three glasses of red stuff, I believe it was red port; About nine o'clock a young gentleman came and knock'd at the entry door, which always stands open. She came and called me into the entry to him. When he had look'd at me she bid me go in again. She went up stairs with him. The ladies were in company with four gentlemen. The prisoner soon came to me and bid me go up stairs. I had got up one stair, and was going to sit down, but she forced me up. When she had got me into the room she said, here is your girl, shut the door, went away, and the gentleman put a chair against it. There was a bed in the room, on which he bid me lie down, but I would not. He took me up in his arms, then flung me on the bed, took up my coats, and -

Q. Did you cry out ?

A. Cooley. I did; I did not consent to it, and made all the resistance I could, but I don't believe any body below stairs heard me.

Q. Did you ever see that man before?

A. Cooley. No never, he was a little man. He flung me half a guinea afterwards, and I would not take it, but flung it down on the ground. He came into the room again, and laid it on-the table. I went down in about half an hour after he was gone; being ashamed, was the occasion I did not go down sooner. I met the prisoner at the bottom of the stairs, and she asked me what the gentleman had given me; I did not tell her directly, but said nothing at all; at last I told her, but said I would not take it. She said, you must give it me, and when I was going to give it her, she took it out of my hand, and bid me say nothing to any body of what had been acted; and said, if I did, she would deny it. I staid there almost a week after this, and she wanted me to be dressed up again. I said would not. Then she turned me out at nine o'clock at night. I went and got me a lodging. The people where I was sent word to my mother where I might be found, and my father and my uncle came for me I was very bad, and my mother examined my body. I had a very bad distemper after this affair, and have it still very much.

On her cross examination she said, her father and mother lived by London-Wall, that she left them without their knowledge and consent, and that she had been at the prisoner's house before she hired herself to her, and that the knew it to be a bad ho use before she went to live there.

Acquitted .

She was sent to the hospital for a cure, and the house order'd to be indicted.

101. (M.) William, otherwise Thomas Pridle , was indicted for stealing one picture , value 5 s. the property of Richard Mason Clark , and three glass castors, with silver tops to them, and one wooden frame , the property of John Hordle , Aug. 2. 1756 . ++

The prisoner in his defence produced a deed, sign'd by the prosecutor's hand, whereby the goods mentioned, and many others, were delivered over to the prisoner.

Acquitted .

102. (L.) William Witchurch was indicted for stealing one pound weight of rhubarb , value 8 s. and two pounds weight of borax, value 20 s. the property of the , Dec. 16 . ++

Thomas Whiteman . I am an officer to take care of the East-India company's goods. The prisoner is a working cooper , by the water-side. I went to Botolph Wharf, where my brother officer was makeing up these goods, in order to go before a magistrate with them and the prisoner. He delivered them into my care (producing a parcel of rhubarb and borax) we went before my Lord mayor, he put this seal on it, and it has been in my custody ever since.

Q. Whose property is it?

Whiteman. I believe it belongs to the honourable East-India company.

Nathaniel Carter . I am assistant elder porter at the water-side.

Q. May not these goods be the property of a private captain, as his adventure ?

Carter. It is call'd the East India company's property till the accounts are past. The company is bound for the duty of all goods that come home in their ships, and for that reason I have the care of them till the account is past: They are in the custody of the company. On the 16th of December, about the middle of the day, I took about six or seven pieces of rhubarb out of the prisoner's coat pocket. He is employ'd by the company's cooper. I said to him, how could you be guilty of such a thing. He made a little mumbling, and said, it was only a bit or two, and desired I would not be hard upon him. I took him up stairs into the East India office, and while we were upon the head of the stairs we heard something lamp. we then took a candle and pick'd up about eight or nine pieces of borax, which he must have thrown out of his pocket; Mr. Twiss was by at the time; ( the pieces that are here produced.) When I charged him, and sent for a constable, he said he put them into his pocket, in order to bring them into the office, but he did not say so at first.

Cross Examination.

Q. In doing the coopers work, if any thing fall out, is it not difficult to put them in again?

Carter. This was in a chest; if a chest happens to fly, it is the cooper's business to take care of it, and put it up in the best manner he can.

Q. Was he bail'd before my Lord mayor ?

Carter. He readily produced bail, and has been out till he surrendered now; before my Lord-mayor he said, he took it up in order to bring it to me, but I was out of the way.

Richard Twiss . This happened on a Friday, which was a court day at the East India house. My two masters Finlay and Hopkins were gone out. I lock'd the office door, and was sitting by the fire below. Mr. Carter brought in the prisoner, and took him up stairs, and call'd me to unlock the office door. When I came up the stairs, which are very dark, the prisoner stood with his back against the wall, and the borax sell down behind him. I heard it fall very plain. I unlock'd the door, and went into the office Having pick'd up as much as I could feel, for it was very dark, I got a candle, and found the rest. I can swear it fell from the prisoner, nobody being near him, and it fell directly behind him. Then Mr. Carter let him and me together, and went for an officer. He said you may take a piece or two of it away. I said, if I did, I should be reckon'd such a one as himself.

Cross Examination.

Q. How long might Mr. Carter have been gone for an officer?

Twiss It might be six or seven minutes.

Q. Did he stay quietly with you ?

Twiss. He did very quietly?

John Tassey . I am a porter in the company's service, and saw Mr. Carter take two pieces of rhubarb out of the prisoner's pocket. I have known him ever since he belong'd to the company's service, which is five or six years, and I never knew any ill of him before.

Prisoner's Defence.

I should not have had these goods in my pocket if Mr. Carter had been there. When any goods fall out of a chest it is our place to take care of them for the company.

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

Whiteman. I have known him seven or eight years, as he has work'd on and off for the company in his turn, as other people do. I never heard any thing amiss of him before. He behaved as an honest man, and I have no reason to think otherwise.

William May . I am a cooper and have work'd for the East India company. If a chest is broke I look upon myself obliged to take care of the goods, as if they were my own. I and my partner are master coopers to the company. When such a thing happens we are to call Mr. Carter, to bring a bag to put the goods in, that they may be carried to the land water's table. The prisoner has work'd as a journeyman cooper upwards of ten years. He served my late master, and us. if I had known any thing to the contrary of his being and honest man, I should not have employed him. I always look'd upon him to be an honest man.

Mr. Dunkley. I am the other master cooper. I can say nothing farther than what my partner has said, which has been the constant practice. I have known the prisoner ten years, and I look'd upon him to be an honest man, or I am sure he should not have been employed there.

Abraham Devas . I am a king's officer, belonging to the customs, and was present at a scale, between the hours of one and two. There were some borax and rhubarb came out of what we call scale-board lading, where a board had started from a chest, and these goods are so closely pack'd that when any are out it is impossible to put them in again. I believe the quantity of my hat full fell out. I saw the prisoner take up five or six pieces of rhubarb, and put them into his right hand coat pocket. When he had mended that chest I said, here is a couple of round cases where there is room to put it in. He said he would put it in as soon as he had secured that chest. Neither Mr. Carter nor Mr. Whiteman were upon the spot. I said, there is a piece hangs out of your pocket, take care it does not drop out. When he had dore that chest he was coming towards the draught that was in the scale, to put in the rhubarb. There was a case stood betwixt that and the other, which wanted two or three nails; as he was putting them in, and looking round it, Mr. Carter happen'd to come, and as he was stooping saw the rhubarb. Then he laid hold of him by the skirt of his coat, and brought him before Mr. Turrant the land-waiter; but I being busy did not hear what past. I remember I said to him when I first saw it, Will, you are not going to play tricks with it? He said, I would not take a bit of it for 50 l. No, said I, no more would I for two fifties.

Q. If Carter, or his partner, are not there when a chest starts, who are to take care of the goods?

Devas. Then the cooper takes care of them, and gives them into the care of the land-waiter, or gangs-men, or somebody to take care of them. He had it in his pocket not above ten minutes, and he did not want to conceal it.

William Cawley . I have known the prisoner three or four years; he is an industrious man, and an honest man as far as I know, I never heard to the contrary. I was the constable that carried him before my Lord mayor, and I live within twenty or thirty yards of the place where he was charged. When I was sent for I found the prisoner and Mr. Twiss. Mr. Carter came up-stairs soon after. I asked him what he wanted with me. He said to take charge of that man. I asked him what he had done. He said, you shall see presently, but I want to stay till Mr. Finlay and Mr. Hopkins come. I said I would take the man to my house till they came. First he would charge him, then he would not, and seemed to be indifferent whether I took him away or not. Then I said, if he did not give me a proper charge, I would not stay. Then he brings some borax and rhubarb, and wanted to put them into something. I said to the prisoner, Will, I am very sorry for you, how came you to do so? He said, I did not do it with an intent to defraud the company. This was in the presence of Mr. Carter. I said, how came you to have it in your pocket? He said, he was making fast a chest or case, and it would not hold it; that Mr. Carter was not in the way, and if it had been left on the Keys it would have been stoln. Then I said, if that is the case it may be right; what do you think of it Mr. Carter? Mr. Carter said, I did not see him take it.

Mr. Eberall. I am a cooper, and work on the Keys. When a chest happens to break it is customary, if those men are not in the way, for us to take care of the goods, and carry them to the office or land-water's table. I have known the prisoner four or five years, and work'd with him at times. I always took him to be an industrious man, and a very honest man.

William Wright . I have known the prisoner about seventeen or eighteen years. I never knew to the contrary but that he is a very honest man.

John Chatwin. I have known him twenty years; his character is that of an honest industrious man.

Samuel Keys . I have known him fifteen years; his behaviour has been that of a very honest industrious man.

Mr. Gardner. I have known him fifteen or sixteen years, and never heard any other of him but being a very honest industrious man.

Mr. Holloway. I have known the prisoner about seven or eight years. He is a very honest industrious fellow, and one that takes care to maintain his family.

Thomas Thatcher . I have known him sixteen years. He is a very honest man.

Mr. Bell. I have known him ten years. He is as honest and industrious a man as any I know.

Thomas Dodson . I have known him eighteen or twenty years. He was always an honest boy, and an honest man.

Mr. Isgrig. I have known him about six years. He was always a sober, honest, diligent man. I should not have been afraid to have trusted him with goods of any value whatsoever.

Q. to Carter. Do you remember any conversation you had with Cawley the constable?

Carter. I can't remember I heard him say what he repeated here.

Q. When you charged him, was he at work on the vessels ?

Carter. He was not at work, he was standing up. I believe he had not been at work for the space of five minutes.

Q. Did you observe any of the vessels of the rhubarb to be burst.

Carter. I can't say I did.

Q. Did you observe him to have been mending any where a board flew up.

Carter. I can't say I did.

Q. Whether you did not entertain some indifferency about charging him?

Carter. I was at a loss to know how to act, till I sent for Mr. Finlay or Mr. Hopkins, who are our husband; but then I consider'd I could not hold him without a constable, so I charged him till they came.

Q. to Cawley. You hear the evidence says he does not remember the conversation you have mentioned here with the prisoner, do you abide by that now?

Cawley. I do.

Q. Are you sure the prisoner said he did not do it to defraud the company, but that he intended to preserve them for the company?

Cawley. He said so. Mr. Carter might have heard him, but he is a little hard of hearing.

Acquitted .

103. Silvester Harris was indicted for wilful and corrupt perjury . No witnesses appearing he was acquitted .

N. B. The Middlesex jury, William Hericage foreman, tried all the Middlesex prisoner except Ann Gregory.

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

Received sentence of Death 8.

Elizabeth Tomkinson , Joseph Weeley , Elizabeth Allen , Margaret Larney , Alice Davis , Samuel Ong , John Davis , and John Allen .

Margaret Larney and Alice Davis to be drawn upon a burdle to the place of execution, and then burnt to death.

Elizabeth Tomkinson , Margaret Larney , and Alice Davis , Loding their belas, a jury of matrons were impannel'd, and brought in their verdict Elizabeth Tomkinson and Margaret Larney quick with child; Alice Davis not quick.

James Sleep and Matthew Johnson to forfeit all their goods and chattels to the king, and also their lands, if they have any, during their lives, and to be imprisoned in Newgate during their lives.

Transported for fourteen Years 1.

Thomas Newton .

Transported for seven Years 10.

William Wilder, Sarah Richards, John Bramfield , Edward Jolley , John Craven, Jane Wilderington , Ann Gregory , Thomas Clark, Catherine Wells , and Christopher Bagorf .

To be whip'd 3.

Jane Preston , Elizabeth Wale , and Elizabeth Symonds, otherwise Mitchel.

To be branded 4.

John Hodgkins , Elizabeth Ross , William Driver, and Henry Fry .

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