Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 31 October 2014), February 1758 (17580222).

Old Bailey Proceedings, 22nd February 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 Goal Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 22d, Thursday the 23d, Friday the 24th, Saturday the 25th, and Monday the 27th of FEBRUARY,

In the Thirty-first Year of His MAJESTY'S Reign. NUMBER III. Being the Third 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, 1755.

[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 DENNISON , Knt. one of the Justices of his Majesty's Court of King's Bench; *Sir RICHARD ADAMS , Knt. one of the Barons of the Exchequer; + the Honourable WILLIAM NOEL, one of the Justices of the Court of Common-Pleas; || Sir WILLIAM MORETON , Knt. Recorder; ++ and others his Majesty's Justices of Oyer and Terminer for the said City and County.

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

London Jury.

Richard Winn

Joseph Graves

Robert Russel

Matthew Hooper

Christopher Martin

Thomas Milner

Henry Rogers

John Ellison

Samuel Aderley

William Kirk

William Copping

William Bamford

Middlesex Jury.

Thomas Treslove

Collin Dollinson

William Dow

John Donvil

John Fryday

James Benbrig

George Woodfall

John Channon

Richard Prosser

Richard Langwin

Thomas Tolman

Thomas Mountain

104. (M.) Ann Bowen . spinster , was indicted for stealing one white metal buckle, value 4 d. one 36 s. piece, and 2 s. in money numbered, the property of George Lewis , privately and secretly from his person , February 5 . ++

George Lewis . I was going from the shop where I work, in Tavistock-Street, to my lodging, in Denmark-Court. The prisoner met me in the Strand . She would follow me, and I could not get her to go back. When we came to the door where I live, we were some time there together.

Q. How long were you together there?

Lewis. About half a quarter of an hour.

Q. Did she go into the house?

Lewis. No, she did not. I had been to receive my wages, which was twelve shillings and a thirty-six shilling piece.

Q. Had you called any where going along?

Lewis. No, I had not; nor spoke to any body in the street besides the prisoner.

Q. Had you your money when she and you were together at the door where you lodge?

Lewis. I am sure I had it in my pocket when I first met with her. When she went from me she fell a running. I felt in my pocket, and found my large piece of money was gone.

Q. In which pocket was your money?

Lewis. It was in my left-hand breeches pocket, and my knee buckles in my right.

Q. How soon, after you missed your money, was it that you took her?

Lewis. In about three or four minutes. I found she had her hand clinch'd. She drop'd two shillings and one of my buckles on the ground.

Q. Did you see her drop them ?

Lewis. No; but she pointed to it on the ground, under her, and said, there lies your money. I took it up, and said here is not all, I have lost a piece of gold; if you'll give me that you may keep the silver. She said, she had got no gold. I call'd the watch, and he took her to the Round-house. She was searched, but nothing except two halfpence was found upon her.

Samuel Duckworth . I am a watchman. The prosecutor called me to take charge of the prisoner, and I carried her to the Round-house.

Q. How far is it from the place, where you took charge of her, to the Round house?

Duckworth. It is about two or three hundred yards. She was searched at the Round house, and only two halfpence were found upon her. When she was going to the goal (I was with her) she desired to go into a shop, to buy herself a pair of stockings. She went in, bought two pair, and produced a 36 s. piece of gold to pay for them. The gentleman changed it for her.

Roger Boston . The prisoner came into my shop, and the last evidence and beadle along with her. She bought two pair of stockings of me, produced a 36 s. piece, and desired change for it. I gave her 32 s. in change. (The piece of gold produced in court.)

Q. to prosecutor. Is there any mark of your 36 s. piece, whereby you could know it from another?

Prosecutor. Mine was one that look'd to be a new one, as this does (taking it in his hand.)

Prisoner's Defence.

Elizabeth Coombs and I were going along the Strand together, when this man pick'd us up, who said he would make us a present of half a crown, and he chose me; he gave it me as he thought, but I found afterwards it was a 36 s. piece. He wanted to lie with her afterwards, and she would not let him. After that he was angry, and wanted his money again, but I would not give it him. Then he swore a robbery against me. There is Elizabeth Coombs in Newgate, please to let her be called.

For the Prisoner.

Elizabeth Coombs . Ann Bowen and I were coming along the Strand together, on a Saturday night, when this gentleman followed us. We refused to go along with him several times. He chose Ann Bowen , and she went with him. I heard them make a bargain for half a crown. After he had his will of her, he wanted to have me; but I refused him. After that he called the watch, and said he had been rob'd of his money. I went to the watch-house with her, and was there all night.

Q. Was you committed for this fact?

E. Coombs. No, I was not.

Q. Was you by them all the time they were at his door?

E. Coombs. No; I went away after they had made the bargain. She shew'd me this piece of money in the watch-house, and said he gave it her for half a crown.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

105, 106. (M.) William Holmes and Daniel Stevens were indicted, the first for stealing two firkins of al, value 15 s. the property of John Keeling , Esq ; and the other for receiving the same, knowing it to have been stolen , October 1 .*

Stephen Stanmore . I was servant to justice Keeling, who is a brewer , and lives in Clerkenwell . The prisoner Stevens keeps the tap-house to the brewhouse , and the prisoner Holmes was my fellow-servant , and belong'd to the same walk that I did.

Q. Explain what you mean by walk.

Stanmore. There are two walks, one in Southwark, and the other in the city, which are appointed to certain servants.

Q. In which walk is Stevens's house?

Stanmore. That is in the city walk.

Q. Was Holmes and you in the city walk?

Stanmore. No; we had no business to deliver beer to Stevens. Holmes and I took two firkins of ale, about thirteen or fourteen weeks ago, from out of our master's ale store house, from out of a tun; he carried one firkin and I the other, and put them into Stevens's cellar.

Q. Had you any authority from your master so to do?

Stanmore. No.

Q. What time of the day was it?

Stanmore. It was between six and seven at night, after dark.

Q. Did you see Stevens at the time?

Stanmore. He was in the cellar along with me.

Q. Did he know how you came by it?

Stanmore. He must know how we came by it.

Q. Had you any previous discourse with him about it?

Stanmore. No, I had not.

Q. Then how came you to carry it there?

Stanmore. Thinking he would take it in.

Q. Why did you think so?

Stanmore. Because we had heard he had taken some in before.

Q. Did you tell him what it was?

Stanmore. I told him it was ale, as we were taking it down the cellar stairs.

Q. Did he pay you for it?

Stanmore. He did; he gave me five shillings for the two firkins.

Q. What is that ale worth a firkin ?

Stanmore. It is worth 7 s. and 6 d. a firkin.

Q. What did you do with the money?

Stanmore. I gave Holmes half a crown of it. After that I was informed Holmes had swore something against me, so I went away, for five weeks or more; after which I returned back, and sent my master word of it, and beg'd my liberty. I met Mr. Cox, our clerk, in Leather-Lane, and told him of it.

Q. Was this before you was in custody?

Stanmore. It was. I had not then been charged with the offence.

Cross Examination.

Q. Was Stevens a customer to Mr. Keeling?

Stanmore. He was, for barrels of ale.

Q. Did he sometimes have small beer of your master?

Stanmore. Sometimes he had.

Q. Did he pay the men for the ale, or was it book'd?

Stanmore. He paid the clerk for that, and he paid the men for the small beer, as they carried it.

Q. Did not he complain of the badness of the small beer sometimes ?

Stanmore. Yes, once or twice.

Q. How much small beer did he bespeak at a time?

Stanmore. One firkin.

Q. Did he never bespeak two at one time?

Stanmore. No, never.

Q. Did he receive these two for small beer?

Stanmore. No; I told him it was ale.

Q. Did you never carry him ale to make him amends, when there has been a complaint made of the badness of the small beer?

Stanmore. No.

Q. Did you say it was all ale, or as good as ale?

Stanmore. I said it was ale.

Q. Did you taste it?

Stanmore. No, I did not.

Q. Did he put it in the publick cellar?

Stanmore. He did; he set it in one corner, and put a bag over it.

William Cox . I am clerk to Mr. Keeling. Stanmore and Holmes were partners in the small beer, as draymen. Holmes was foreman in that walk.

Q. Had either of them any business to deliver beer to Stevens?

Cox. No, that was the business of other servants that belong'd to the city walk; they frequently used his house, as he kept Mr. Keeling's tap-house.

Q. Did Stevens know that Holmes and Stanmore did not belong to the walk he lives in.

Cox. He certainly must know that, because he knew all our men. I heard Holmes confess before justice Welch that he took away one of the firkins of ale, and Stanmore took the other; but that he carried it no farther than Stevens's cellar door, and Stanmore took it of him, and put it into the cellar.

Cross Examination.

Q. Has not Stevens been a customer to Mr. Keeling some time?

Cox. He has several years.

Q. Do your men ever interfere in one another's walks?

Cox. No; we don't allow that.

Samuel Billings . The prisoner Holmes lodged with me. I perceiving him several times to be very uneasy, asked him the reason of it. He would not give me a satisfactory answer. Perceiving him one time to be more so than ordinary, I took him into another room, and asked him again. He said, he chose to leave his place. I said, why? He said, if he did not he should be ruined, for it was a practice among them to take beer out when the clerk and the rest of the people were out of the way, and to make away with it. I asked him why he did not tell his master or Mr. Cox of it? He said, he could not, and that he rather chose to go away, for they would brand him with the name of a tell-tale. Then I said I should be blameable if I did not tell, as I knew of it. He said he should be obliged to me if I would, for he could not.

Q. Who did he say were concerned with him?

Billings. He said Stanmore was concerned with him for one. I sent to the brewhouse and desired Mr. Cox to come to me. He came, to whom I related the account Holmes had told me, and so the matter came out.

Holmes's Defence.

I never took away any ale in my life. Please to ask Mr. Billings my character.

Billings. I never heard any thing amiss of him before this.

Stevens's Defence.

I generally have one firkin of small beer after another, for our own use. When I have found fault with the beer the servant has put his finger into the hole, tasted it, and said it would be very good. I have sometimes thrown half a vessel away when it has been bad. I always paid half a crown for a vessel of it, and never knew that it was stolen.

For Stevens.

Nicholas Pratt . I have known Daniel Stevens twenty years.

Q. What are you?

Pratt. I am a baker. He keeps Mr. Keeling's tap house, and he bore a very good character before this accident happen'd.

Moses Owen . I am a barber, and have known him fifteen or sixteen years; he is as honest a man as any at all: I never heard to the contrary. I have had dealings with him, and he is as just a man as any on earth.

John King . I have known him between five and six years.

Q. What is his general character?

King. As honest a man as any in the world.

William Rush . I have known him twenty years and upwards; he is a very honest man: I never heard any body say to the contrary.

Jonathan Smith . I have known him between five and six years.

Q. What is his general character?

Smith. He had a very good character, as far as ever I heard, till this happen'd; but whether he is innocent or guilty, I can't tell.

Mr. Masters. I have known him five or six years. He had as good a character as any man in the world before this.

Holmes guilty .

Stevens acquitted .

[Transportation. See summary.]

107. (M.) John Rhodes was indicted for stealing one brass pepper box value 2 d. one iron key, value 1 d. one quart of Florence wine, value 2 s. one blanket, and one feather bed , the goods of Elizabeth Briscoe , widow , February 12 . ++

Edward Godfry . We took the prisoner in Mrs. Briscoe's house, at Norwood , who had a bed and blanket tied up by him; also a quilt, a brass pepper-box, an iron key, and a quart of wine, which things were in a basket up stairs. He own'd a partner that was with him had pack'd them up, but would not tell us who he was.

Q. Where did he own this?

Godfry. In the house; he had lived footman with her about four years. He was carried before a justice there, where he own'd that he pack'd up the bed and blanket, but no farther.

- Middleton. I took the prisoner in the house.

Q. Who do you live with?

Middleton. Henry Priest . He kept the key of the house, into which he sent me, to see who was there. My master lives near the house, and Mrs. Briscoe was then at her house in Theobald's Row. The prisoner said he was let into the house.

Henry Priest . I had the key of the house, into which I went, and saw the prisoner, and the things by him.

Prisoner's Defence.

As I was going to Oxford, to a man that owed me two guineas, I met with a man on Hanmore-Heath, about ten o'clock at night (I thought to have lain at a house near there, but the people were gone to bed ) who told me if I would go with him to Norwood Green, he had some friends lived there, where we might lie. We went there, but there was nobody. He gave me some brandy to drink, and I was a little in liquor. I went into Mr. Priest's barn to lie, but he said he would get me a better lodging than that; so he went into Mrs. Briscoe's house, and I along with him. I had been there all day, and had gone out, but the people were walking about. Then he said, if I did not take something away he would kill me; so I continued there three days. He went out, as he said, being hungry, to get some victuals, and at that time they came and took me.

Guilty .

[Transportation. See summary.]

108. (M.) William Chapman was indicted for stealing one pair of leather breeches, value 4 s. the property of Richard Milbank , December 21 . ++

Richard Milbank . I lodge at the house where the prisoner was servant . I had been out of town, and when I returned he had absconded; then I missed the breeches mention'd in the indictment.

Q. Where had you left them?

Milbank. Some time before he had taken them up into his room, pretending he was afraid they would be lost.

Q. Was you satisfied with their being in his possession?

Milbank. I was. When he was advertised and taken, he had the breeches on.

This appearing to be only a breach of trust, the prisoner was acquitted .

109. Francis Clews was indicted for procuring in his possession, by false pretences, six sowls, eight rabbits, a pound of sausages, and a turky, the goods of William Hutton , with intent to defraud the said William.

To which he pleaded Guilty .

[Imprisonment. See summary.]

110. (M.) William Coupeland was indicted for stealing one piece of diaper, value 19 s. one counterpane, value 19 s. fifteen yards of long lawn, value 40 s. two yards of muslin, value 20 s. and eight yards of cotton, value 40 s. the property of Edward Eyres , Feb. 4 . ++

Edward Eyres . I live in York-Street, and am a linen draper . The prisoner was my servant . Some time ago I received intelligence that he kept a girl, and had made her several presents in the linen way, to a large amount, such as gowns, ruffles, aprons, handkerchiefs, and other things, and that he had took her a lodging in the Borough, and had afterwards removed her to this side of the water, and that if I would give myself the trouble to appoint some body to dodge him of nights I should find out where his girl lived, for he always went of an evening to her as soon as the shop was shut up. I had him dodged; it was to a grocer's shop in High-street, Bloomsbury. I found there was a girl that went sometimes by his name, and sometimes by her own; and that sometimes she passed for his wife, and sometimes not. Having missed several things, and could get no intelligence what was become of them, I consulted with Mr. Fielding what was most proper to be done. I got a warrant from him, and went to this grocer's house, on Saturday the 4th of this month, in the evening. We inquired if the girl was at home. There were two constables along with me. We were directed up two pair of stairs, where we found him and his girl together drinking of tea. I had intended to have secured him at my own house that evening, but he slip'd away unknown to me. I had a warrant also to take her up. I did not immediately tell him what I came for, but look'd about, and found some furniture in the room, which I thought to be mine. Then I desired the constable to take him to the coach, and keep him in it, which we had hard by, till I had spoke to the girl. Then I told the girl that the prisoner had rob'd me of some things, and desired she would shew me what things she had got. She shew'd me a great number of things, linen to near the amount of 50 l. we took them and him away. He own'd himself guilty upon my charging him with several things, and that he had rob'd me to a considerable amount of goods, as well as money.

Q. Did you mention the goods laid in the indictment?

Eyres. I am not certain that I mention'd them. I found every one of these things in his lodging. He call'd this his first fact, and beg'd on his knees that I would be favourable to him, and give him leave to transport himself. I carried him to my house, and insisted upon looking in his box, where I found divers goods, which he own'd he had taken, and that they were my property. He own'd the taking of others also, which he had disposed of. After this I took him to justice Fielding, and he was committed.

Thomas Caldwell . I am a linen draper, and live at Brentford. I did once live with Mr. Eyres. He acquainted me he had received information that one of his servants kept a girl, to whom he had made presents to a considerable value, particularly printed cottons for gowns, and other wearing apparel, and said he should take it kind of me if I would go along with him to endeavour to take him up. We went together, with two constables, on Saturday evening, the 4th of this month, to High-street, Bloomsbury, and up two pair of stairs, at a grocer's shop, we found the prisoner and the young woman drinking tea together. After some little time, he desir'd that I and one of the constables would go down with the prisoner, and put him in the coach, while he examined the lodgings. I went, and left the prisoner in the coach, under the care of the constable, and returned to the lodging, and found the girl producing the things which Mr. Eyres has mention'd, and said the prisoner brought them there. I likewise heard Mr. Eyres say they were his property. I likewise saw Mr. Eyres's mark upon some of them, which I knew. There was a piece of draper, some cotton, a counterpane, some dimity, some Dutch linen, some muslin, and other things, which were delivered back to Mr. Eyres.

Q. Did you hear the prisoner confess any thing?

Caldwell. I did. I heard him say it was the first time; he acknowledged the fact, and beg'd for mercy.

Edward Eyres , junior. I was with my father at finding the goods, and taking up the prisoner.

Q. Did you hear the account your father has given in court ?

Eyres. I did. It is all truth, and I know the goods mention'd in the indictment to be my father's property.

Prisoner's Defence.

I only beg the mercy of the court.

Guilty .

[Transportation. See summary.]

111. (M.) Lydia Burchet , otherwise Allen , widow , was indicted for stealing three linen cloths, value 3 d. one linen handkerchief, value 2 d. two pieces of soap, value 1 d. one linen bag, value 1 d. and eight towels, value 1 s. the property of John Vaughan , February 20 . +

John Vaughan . I live in Princess-Street, Leicester-Fields , and am an upholsterer . I have had several complaints of things being missing. The prisoner used to wash for us. Last Monday I told her I had lost many things, and insisted upon searching of her. She said she had not taken any thing. I sent for a constable, and found the things mention'd in the indictment in her pocket, except two towels.

Q. Where was this?

Vaughan. This was in my kitchen. I know the pocket handkerchief to be one of mine, having used it many times. I went and searched her lodgings, where I found one towel and a rubber. (Produced in court.) She beg'd for mercy, and own'd she had taken them.

Ann Scandret . I am servant to Mr. Vaughan. I counted the linen on Monday morning, and in washing they went through my hands twice, and they were right. In the evening I missed several things, so acquainted my master. She was searched, and all the things mentioned in the indictment, except two towels, were found in her pocket. Then she said she was a very wicked woman, and had taken them.

Prisoner's Defence.

I was never guilty of such a thing.

For the Prisoner.

Mary Crawford . I live in Marsham-Street, and have known her two years. She has washed for me, and I never lost any thing by her in my life.

Mary Marshal . I have known her upwards of two years; she is an honest woman for what I know.

Mary Clark . I have known her two years; I believe she is an honest woman. She has work'd for me, and always returned my things honestly.

Mary Sutton . I have known her two years; she always bore a good character.

Mary Paget . I have known her two years, and I never heard any harm of her before this.

Ann Mardel . I am her next neighbour, and have known her two years; I never heard any ill of her.

Guilty, 10 d.

112. (M.) Lucretia Philips , spinster , was indicted for stealing one silver watch, value 3 l. the property of William Patrick , in the dwelling-house of Frances Dun , widow , January 30 . +

William Patrick . I met the prisoner one night in Drury-Lane, and went with her to the house of Frances Dun , widow, at No. 2. in Orange-Court . It is between a month and five weeks ago, between ten and eleven at night. I was pretty much in liquor, we went up stairs, and went to bed together, and I fell a sleep very soon. When I awaked at seven the next morning, she and my watch were gone.

Q. What sort of watch was it?

Patrick. A silver watch.

Q. Where did you put it when you went to bed?

Patrick. I had it in my hand, and put it again in my breeches, and put them under my pillow. I told the woman of the house what had happened, and she took and brought the prisoner to justice Fielding's, between nine and ten o'clock. There my watch was produced, and I swore to it (produced in court, and deposed to) there is my name upon the dial plate.

Q. What did the prisoner say before the justice?

Patrick. She said she knew were it was, and would deliver it up. She went out of the door with Edward Gaul , and he came in and put it in my hand.

Edward Gaul . The prisoner was brought to Mr. Fielding's about ten o'clock in the morning, I don't know the day of the month. Justice Fielding desir'd me to search her. I did, and could not find it. She call'd me into the passage, and delivered it into my hand. She said she had pawn'd it for half a guinea, but she had it I believe in her hand when I searched her.

Prisoner's Defence.

Last Sunday was a month I met the prosecutor. He was very drunk, and made me so. He desired me to put the watch in pawn, he having no money. I took it, and got up and went away about my business with it, but not with an intent to steal it. I delivered myself up to justice Fielding without any warrant, and gave him his watch.

Acquitted .

113. Elizabeth wife of Thomas Pinder was indicted for stealing one silver watch, value 3 l. the property of Richard Scot , in the dwelling-house of John Leekey , Jan. 4 . ||

Richard Scot . On the 3d of January I went to spend the evening at the King's-Head in Red-Lion-Street, Goodman's-Fields, with several tradesmen, and staid till about twelve at night. As I live in the Borough I went to the house of Mr. Leekey, and there staid all night, with one Mr. Lambert that lives there. I went to bed with him, and the next morning I missed my watch. When I got up, about nine or ten o'clock, I inquired in the family if any body knew any thing of it. About a week afterwards another lodger in the house lost his watch, who had a warrant for the prisoner at the bar from justice Pell. I went there also. The justice shew'd me a watch, and ask'd me if it was mine. I said it was. The person that delivered it to the justice (named Phebe Audery ) said the prisoner pawn'd it to her for a guinea and a half.

Q. Was the prisoner by at the time?

Scot. She was, and said she found it upon the stairs, in the house of Mr. Leekey.

Q. Are you sure you had your watch when you went to Mr. Leekey's ?

Scot. I know I had it a little time before I came out of the publick-house.

John Leekey . On the 3d of January last Mr. Scot was invited by a lodger of mine to lie with him, as he was some distance from his home in the Borough. He came in about twelve o'clock, and lay with his friend Mr. Lambert. When he got up in the morning he told me he had lost his watch, and believed he had been rob'd in my house. I desired him to suspend his suspicion, and recollect himself whether he had not left it at home. The next day he came, and said he suspected the prisoner at the bar, who is a tenant at my house, on the same floor where he lay. I went into her room (her husband was not at home) ask'd her if she knew any thing of this watch, and said she was suspected of stealing it. She protested she knew nothing of it. Last Saturday Mrs. Audery, a pawnbroker, came to my house, and went to the prisoner's room, whom I ask'd if she had ever a watch pawn'd in the prisoner's name, or pawn'd by her in any other name. She said she did not know what her husband had done, but she had not took in any of her. Another man that had lost his watch in my house, about a week afterwards, went to Mrs. Audery's, where, I was afterwards informed, Mr. Scot's watch was seen. I went to Mr. Pell the justice, and got a search warrant, who sent for Mrs. Audery; she brought the watch there, and the prosecutor own'd it.

Phebe Audery . I keep a pawnbroker's shop. The prisoner at the bar brought a watch to pawn for two guineas, and said it was her husband's. I would not lend her so much on it. In about a quarter of an hour after she came again, and said her husband would make shift with a guinea and half, so I lent it her on it. I always took her to be of a good character.

Prisoner's Defence.

I found the watch between the stair-head and the door.

To her Character.

Ann Hunton . I have known her eighteen years; she was respected by every body of credit.

Ann Williams . I have known her from her birth. She served her time with me, and has a general good character. I never heard the least thing against her in my life.

Acquitted .

114. (M.) Richard Ash was indicted for that he, on the king's highway, on Claude Francis Maximilian Mellior did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one hat with a hat-band, value 23 s. and 6 d. the property of the said Claude , &c. February 5 .8

Claude Francis Maximilian Mellior . On the 5th of February, a little before twelve o'clock at night, the prisoner stop'd me in Little Gray's-Inn-Lane , and bid me to deliver my money.

Q. Did you know him before?

Mellior. No; I never saw him before.

Q. Had he any thing in his hand?

Mellior. No, he had not. I said I had nothing to give him. He walked along with me, and said, d - n it, I must have something, snatch'd my hat off, and ran away with it. I took him three days after, being Shrove Tuesday, at the Cheshire-Cheese alehouse, near Mount Pleasant, in Little Gray's-Inn-Lane, with my hat-band in his pocket.

Q. Where is the hat-band?

Mellior. The constable has that, but he is not here. I am a Frenchman, and do not know how to proceed in these affairs.

Richard Card . On Shrove Tuesday, about seven o'clock at night, the prosecutor's wife came, and told me she believed the man that had rob'd her husband was at the Cheshire Cheese; I went there with the prosecutor, who asked him if he remember'd seeing him on the Sunday night. He answered no. The prosecutor said, you are the person that rob'd me, but he denied it. The prisoner took out some tobacco, which was in a hat-band. The prosecutor took it, and said that was his property, and on his hat when he was rob'd of it. Then we sent for a constable, took him into custody, and the hat-band was delivered to the constable, but he is not here.

Prisoner's Defence.

I never saw the gentleman till I saw him at the Cheshire-Cheese on Shrove Tuesday at night.

Acquitted .

115. (M.) Martha Maddox , spinster , was indicted for stealing one silver watch, value 3 l. the property of John Campey , privately and secretly from his person , January 12 .*

John Campey. On the 12th of January, at night, I went into the house of Mrs. Morris, in Newtoner's-Lane.

Q. Is it a publick or private house?

Campey. A private house.

Q. Did you know the prisoner before?

Campey. No; I never saw her before to my knowledge.

Q. Where did you meet with her?

Campey. As I was going along in St. Giles's she pick'd me up.

Q. Was you sober ?

Campey. I was a little in liquor, and was in the room with her about twenty minutes. She went out before me, and as soon as I came out of the house I missed my watch.

Q. Are you sure you had it in that house?

Campey. She told me to take it out of my fob, and put it in my waistcoat pocket, which I did.

Q. What did she say at going out of the room?

Campey. She said nothing at all. I took her up on the 13th at the same house, and carried her before justice Welch, where she confessed the watch was at Mr. Watts's, in St. Giles's. Mr. Watts was sent for, and he brought the watch.

William Harsell . The prosecutor sent for me on the 13th of January, and told me a person had pick'd his pocket of his watch. We went to Drury Lane, to inquire for the prisoner, and at last found her; she own'd she had taken the watch from him.

Mr. Watts. (The watch produced in court, and deposed to.) I had this watch delivered to me by Mr. Biggs. I have known the prisoner some time; she is a common street walker.

Mr. Biggs. Some time in January I heard the prisoner had a watch to sell for a guinea, so I went to her, and asked her how she came by it. She said she found it in the Park. I knowing the woman to be of a loose behaviour stop'd it, and delivered it to Mr. Watts the constable.

Prisoner's Defence.

The prosecutor pick'd me up, and he drop'd this watch upon the bed; I found it three hours after he was gone out of the room.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

116. (M.) Mary Cottis , spinster , was indicted for stealing one silver spoon, value 5 s. the property of Henry Russel , January 8 . +

Elizabeth Wheetly . I live in Oxford Road . On Sunday the 8th of January, in the evening, the prisoner came into my kitchen on a message, and on the Monday morning I missed a spoon.

Q. Had she been alone in your kitchen?

E. Wheetly. I only left her by herself about three minutes. The spoon was on a shelf when she came into the kitchen; I had put it there about three minutes before. On missing it I went to Mr. Stubbs, a pawnbroker, near where the prisoner lived, and found it. Then I got a warrant and took her up. (Produced in court.) It is Mr. Russel's property. I am his housekeeper. She own'd she took the spoon off the shelf as soon as I took her up.

James Hunt . I am servant to Mr. Stubbs. One Mary Perfect brought the spoon, and pawn'd it with me on the 9th of January, at night, who was bound over to appear, but she lies in now.

Prisoner's Defence.

I know nothing at all of the matter.

Acquitted .

117. (M.) John Humphreys was indicted for that he on the 25th of January , between the hours of one and two in the night of the same day, the dwelling-house of John Wade , did burglariously break and enter, with intent the goods of the said John to steal , &c.

John Wade , junior. I live with my father at Mile-End ; betwixt the 25th and 26th of January, at about one in the morning, I heard a little noise, like the tinkling of a hammer; I came down from my bed (as I lie over the stable) and found the coach-house broke open. I said hallo I saw the prisoner come out of the coach-house, and run down the garden. He got upon a hot bed, with intent to get over the wall, but his feet struck in it, so that he was obliged to roll over. I got over as soon as he, and laid hold on him. He said he would kill me, and struck me with this hammer (producing one) then I threw him, but he got up again. I threw him three times, in which time he had struck me two blows with the hammer on my head, but by the assistance of the moon I saw it and catch'd his arm, so that it only stun'd me a little. At last I got the hammer out of his hand, and said you have given me two or three blows, I'll give you two or three. So I gave him two or three hearty ones, which settled him. Then I call'd Nathan, a Jew, whose window was near us. He came with a sword to my assistance, and his wife call'd the watch, who came and took him to the watch house. I had fastened that door over night, and I found it with the lock broke, and the door forced.

Q. Did this coach-house belong to the dwelling house?

Wade. It is at the bottom of my father's garden. There are goods, such as beds and houshold goods in it, but it is twenty yards from the dwelling house.

John Wade the elder. It is my house that was broke open. I lock'd one lock myself over night, which I found broke open, the heads of the nails were eat off, they remained in the lock, and the points of them remained in the door to the coach house; it was an iron plate lock, with a hasp. There was another lock broke besides that; the stable and the coach-house join, there is a door out of one into the other, and they reach from one end of the garden to within twenty yards of the dwelling-house, in the same inclosure.

Q. Was the coach-house and all let you on one lease?

Wade. I have them all on one lease.

Q. Did you ever let the coach-house distinct from the dwelling house.

Wade. No, I never did.

Nathan Nathan . Last Thursday was a month as I was in bed I heard somebody call very weakly, Nathan, Nathan, Nathan, in the back place, which is our burying ground; I am a Jew, and have the care of it; this was between one and two at night.

Q. Where does your house stand?

Nathan. It stands just by Mr. Wade's garden. I stept out of bed, and from a little back window I saw two men struggling in our burying ground, about six or eight yards from the wall under my window. I said what is the matter. Mr. Wade said for God's sake come down, or I shall be kill'd, for I have got a thief. My wife hearing it, call'd out thieves, murder, &c. to alarm the neighbourhood. I ran down stairs, and took a sword, with nothing but my great coat on. There I found Mr. Wade, junior, upon the prisoner; he was all bloody on his forehead, with the hammer in his hand. I said to the prisoner, if you offer to stir, I'll run you through. There came in a watchman and Mr. Child. Then I said to the prisoner, how came you to come here to surprise people at this time of the night. He said I was coming to take that which was not my own.

Q. Was Mr. Wade by at that time?

Nathan. I believe he was not at that time, he was gone to dress himself. We took the prisoner to the watch-house, and after that to justice Bury, but he would not acknowledge any thing. As we were coming back from the justice's, he said he lay under a hay stack, and it was very damp, and he got over the wall to see for some barn or place where he might lie; but there is a shed in our place, in which he could have got to lie, without going over that wall, which is seven feet high.

Eve Nathan . I am wife to the last evidence. I said to the prisoner, you wicked man, how could you come here to frighten people at night. He said I was coming to take that which was not my own.

Joseph Child . I was the first person that went there after Nathan's wife had call'd out for assistance. There I saw the prisoner lying, and John Wade upon him without breeches, stockings or shoes on. The prisoner's shoes were off, which I suppose he lost by the struggling. I took him up, and asked him, as we were going along, what made him be there, he said, I am like a great many more, I wanted to take that which was none of my own. I led him to the watch-house.

Mr. Ireland. I saw the prisoner as he was lying on his back, in the Jews burying place. Mr. Child was lifting him up, and John Wade was prodigiously beat and bloody.

Prisoner's Defence.

I was going to see for work, but I got fuddled, and lay under a hay cock, and going to get into the road again, I saw a place covered, so got over there for shelter. I never was within the place. That hammer belongs to a plough.

For the Prisoner.

Nicholas Leonard . I have known the prisoner six or seven years; it is that time ago since he lodged in the same room I did. He bore an honest character then, but I know nothing of him since.

Guilty , Death .

118. (M.) Ann Skinner , spinster , was indicted for stealing one silk gown, value 6 s. and one pair of stays , the goods of Charles Steward , February 6 . ++

Mary Steward . I am wife to Charles Steward . The prisoner was my servant . On Sunday was a fortnight I left her in the house.

Q. Where do you live?

M. Steward. I live in Eagle Court, in the Strand . I was not out above half an hour, and when I return'd she was gone. I missed a green silk gown, and a pair of stays, which I had seen but a few minutes before I went out, hanging upon a chair in my bed room. She was taken up on the Wednesday following, and charged with taking the things; she own'd she took them, and that a woman had taken them from off her bed, and pawn'd them, but she did not know where.

Mary Best . I was with the prisoner before the justice, and heard her say she took them, and was very sorry for it, and beg'd forgiveness; she sent me down to the Savoy to see for the girl that pawned the gown, but I could not find her.

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

Guilty, 10 d.

[Transportation. See summary.]

119. (M.) Samuel Buckhurst was indicted for stealing one silver watch, value 3 l. one peruke, one shirt, one silk handkerchief , the goods of Richard Murch .

The prosecutor not appearing, he was acquitted .

120. (L.) John Coe was indicted for that Thomas Lambeth , on the 18th of Nov. in the 30th year of his present majesty, did steal 39 pounds weight of shellack, value 7 l. the goods of Arthur Evans , and that he the said Coe the same did receive and have, well knowing the same to have been stolen . ++

The out-lawry of Thomas Lambeth read in court, wherein it appeared he had been demanded five times, and did not appear.

Edward Hammock . About three months before the 15th of Nov. 1756, I was employed on board one of the East-India Company's lighters, and on that day I was on board the Eastcourt Indiaman, in Long Reach. Thomas Lambeth and I consulted together to get some shellack, while the people were at work, and he looked out while I got some out of a chest. I broke it open, and took out about 39 pounds weight. We left it in the lighter till it came up to Botolph wharf.

Q. What are you?

Hammock. I am a lighterman, so was Lambeth. When we came to the wharf Thomas Maclockline came, and asked me if I had got a chap for it. (We had told him of it before.) We said, no. He said he could help us to a chap. Then Lambeth handed it to me out of the lighter into the skist. I rowed down to Bear Key. Then Maclockline went on shore, and was to come again, but did not. Soon after the prisoner Coe came, who asked me if I belong'd to the green skist. I said, yes. He said, fetch it out; those were his words: he did not say what. I did, and carried it half way to the corner of Love Lane, to an alehouse, when Coe took it. He went with me all the way, and carried it into the alehouse.

Q. Did you know him before?

Hammock. No, I did not; there I saw Macklockline, Lambeth, and Henry George . He put it between the bench and settle, and then went and lighted a candle.

Q. Did he know what it was?

Hammock. I don't know that he did; he went down into the cellar, and I carried the bag after him.

Q. Did any body go with you?

Hammock. No, we were there alone. He unlock'd a cupboard in the cellar, took out a pair of stilliards, and weigh'd it; it weigh'd forty-three pounds.

Q. Did you see him open the bag to look at it?

Hammock. I am not sure. We allowed him four pounds for the bag. I know he emptied it out of the bag after he had paid for it.

Q. What was he to give you for it?

Hammock. He was to give half a crown a pound for it, and paid for thirty nine pounds.

Q. Did he pay you in the cellar?

Hammock. He did. Then he put it in the cupboard where he took the stilliards from.

Q. Did you see what sort of stuff it was when you took it out of the chest?

Hammock. I did.

Council. Look at this in this paper. (Producing a paper, &c.)

Hammock. (He looks at it.) It was such sort of stuff as this.

Cross Examination.

Q. As you did not know what commodity it was, how came you to take 2 s. and 6 d. per pound for it?

Hammock. He offered that to me.

Q. Had you a right to sell it?

Hammock. No.

Q. Was any thing said in the publick tap room between them and the prisoner?

Hammock. Not a word as I remember.

Q. How far is it from Bear-Key to that ale-house?

Hammock. It may be four or five hundred yards distance.

Q. How came you to row to Bear-Key ?

Hammock. I was to row to some private place, and Maclockline was to have come to me again.

Q. How came the prisoner to mention the word it?

Hammock. Because Maclockline had sent him, and, I suppose, had told him of it.

Q. Why do you suppose so?

Hammock. Because he went on shore to help me to a chap, and the prisoner came and asked me if I belong'd to the green skift.

Q. What was the actual sum that you received, and in what sort of money?

Hammock. Some of it was gold, but I cannot say how much it amounted to; he paid me for thirty-nine pounds.

Q. What did you do with it?

Hammock. We did not share it till we went over the water.

Q. What had you for your share?

Hammock. I had 4 l or some such matter, for my share.

Q. How many of you shared that?

Hammock. There were but two of us that had that. We sold another parcel to the prisoner, and this money was for both parcels.

Q. Was not you in the Poultry Compter?

Hammock. I was.

Q. Whether there was not a person in the same compter for debt, named Ascue, at that time?

Hammock. Yes, there was.

Q. Had not you some conversation with him about this affair?

Hammock. No.

Q. Do you recollect whether or not you told him there was a necessity for you to transport this man at the bar, or you should be transported yourself?

Hammock. I never said such words in my life.

Henry George . I was at the Rose and Crown, at the corner of Love-Lane, drinking a pint of beer, where was Tom Lambeth and Maclockline drinking slip in the house, who asked me if I would drink with them. At first I refused. After that I did drink with them. L ambeth said he was just come up from Long Reach, and had got some shellack; that he had it of a mate of a ship, and wanted to dispose of it.

Q. Did you see the prisoner there?

George. Yes, he was there. Lambeth and Maclockline went at a distance (it is a long room) and talked together about it. I saw Hammock come in with a bag, which I took to be corn.

Q. What became of the bag?

George. I don't know.

Q. Did you see Hammock and the prisoner go down into the cellar together ?

George. No, I did not.

Q. Did you see Coe light a candle?

George. I am not sure of that.

Cross Examination.

Q. Have you any acquaintance with Coe?

George. No; I only know him by his using that house?

Q. Does he live there?

George. No.

Q. How long had Coe been in the room before Hammock came in?

George. Coe was there when I went in.

Q. Did you see Lambeth come in?

George. No; he was there also when I went in.

Q. Did you hear the word shellack mention'd?

George. I heard Lambeth mention it, who said he had it from on board an Indiaman, of the mate.

Q. Did you, from what you heard him say, apprehend that he stole it?

George. I did not.

Q. Did any others hear that as well as you?

George. There were many that I believe heard it.

Q. Did he speak it publickly, or only to Coe?

George. He spoke it to the whole company, not to Coe in particular,

Q. Did you hear Coe say any thing to him about it?

George. Coe said he would give him 2 s. and 6 d. per pound for it, and then he should get but 2 d. per pound by it.

Q. Was this in the publick room?

George. It was.

Q. What did Hammock do with that bag which you supposed to have corn in?

George. He laid it down on the ground in the tap room.

Q. Privately, or in a publick manner?

George. It was in the publick room.

Q. How long did it lie there?

George. I believe it lay there five minutes before it was taken away.

Q. Where was it carried to?

George. I don't know that.

Q. Did you see Coe go out of the room?

George. No, I did not.

Q. Did you see any stilliards?

George. No, I did not.

Q. Whether you saw either Hammock or Coe go down into the cellar?

George. No; I did not see either of them go down.

Q. Do mates of Indiamen bring adventures?

George. They do often; I have bought things of them myself.

Q. As this was brought into the publick room, as you mention, should you have been willing to have bought it?

George. I should, if I could have got my thing by it.

Council for prosecution. Whether you have not, since this prosecution has been depending, declared you saw Mr. Coe light a candle, and he and Hammock go down into the cellar ?

George. No, I never did.

Thomas Whiteman . I am servant to the honourable East-India company.

Q. In what capacity?

Whiteman. I am an assistant elder, and have the care of the landing and shipping of goods at Botolph-Wharf. I was ordered to go with Mr. Bean in search of some shellack, which was said to be missing out of a lighter from the Eastcourt Indiaman. On Hammock's confessing this robbery, before Mr. alderman Kite, we went, and a constable with us, to the Rose and Crown, at the corner of Love-Lane, to search for it, where we open'd a place, on the left-hand side in the cellar, and found only three or four stilliard weights. This is all I know of the matter.

Q. What price did shellack bear at that time?

Whiteman. That is not in my province; I can't answer that question.

Cross Examination.

Q. What sort of weights were they?

Whiteman. They were brass weights for stilliards.

John Fidges . I am a wax-chandler, and use a great deal of shellack.

Q. What price did it bear in November, 1756?

Fidges. Some, I believe, sold for thirty pounds per hundred.

Q. What was the middling price?

Fidges. There was some sold for twenty-three, twenty four, and twenty-five pounds a hundred. I bought a lot then for twenty-seven pounds, ten shillings, which is about four shillings a pound, and the finest sort is worth about four shillings and sixpence a pound. The last sale it sold from nineteen to twenty-three pounds a hundred.

Q. Do you buy it before the duty is paid or after?

Fidges. We buy it after the duty is paid.

Cross Examination.

Q. What was the lowest price given for it in the year 1756?

Fidges. Some might be sold for eighteen pounds; such as was very black.

Q. What do you sell the best for per pound?

Fidges. At five shillings per pound.

Q. Do you buy by the great hundred?

Fidges. Our hundred weight is one hundred and twelve pounds.

Prisoner's Defence.

I had the stilliards in the open room, where I weigh'd it, and paid him for it on the table; but whether Hammock or Thomas Lambeth took it up, I cannot be sure.

For the Prisoner.

Lydia Maryate . I live in Swallow's-Gardens, Goodman's-Fields. I was at the Rose and Crown when Mr. Coe was in company with Lambeth and Maclockline. I saw him and two men making a bargain about something, but I did not know what it was; one of the two said he could help him to some shellack. Mr. Coe asked him how he came by it. He said he had it of a mate of an Indiaman. Mr. Coe asked him what he would have per pound for it. Presently in came a young fellow with some stuff in a bag.

Q. Should you know that young man was you to see him?

L. Maryate. I believe I should.

Q. Look about the court, and see if you can find him?

L. Maryate. (She look'd about and pitch'd upon Hammock.) I believe this is he.

Q. How came you to be there?

L. Maryate. I work slop work for Mr. Bonus in Thomas Street, and was waiting there for work, as sometimes I do for an hour or two. This young man laid the bag down by the side of the table. Mr. Coe took some of it out, and look'd at it, and said half a crown a pound was the worth of it, and he would not give more. They concluded upon it for that price. Then they both of them went out, and brought in some more in a handkerchief and in their pockets.

Q. Did you see it weigh'd?

L. Maryate. I did. It was all weigh'd in that room, on the dark side of it, not that side the windows are on, with stilliards.

Q. Did they go down into the cellar?

L. Maryate. They did not to my knowledge.

Q. Where were the stilliards taken from?

L. Maryate. I can't say that.

Q. Were any other people in the room besides those you have mentioned?

L. Maryate. There were several other people. there.

Q. Was it weigh'd publickly?

L. Maryate. It was quite publick, every body might see it.

Cross Examination.

Q. How long was you at that alehouse?

L. Maryate. I was there three or four hours. I am obliged to wait sometimes, as I work for the navy.

Q. Was you there before Mr. Coe came in?

L. Maryate. No, he was there when I went in.

Q. When did the two men you mention come in?

L. Maryate. They came in after I was there.

Q. Did you know them before ?

L. Maryate. No, they were intire strangers to me.

Q. When did Mr. Coe go away?

L. Maryate. He staid there all the time I was there.

Q. Did he not go out of the house during the time you was there?

L. Maryate. No, he did not.

Q. Do you know what the shellack weigh'd?

L. Maryate. I did not see what it weigh'd.

John Ascue. I saw this witness Hammock in the Poultry Compter, being an unfortunate debtor there at that time.

Q. Where do you live now?

Ascue. I now keep the Swan alehouse at Battersea. I remember I had some conversation with him about his giving evidence against the prisoner at the bar, and upon my seeing his commitment I said to him; this is a very bad affair, which will be of a bad consequence.

Q. What was he committed for?

Ascue. He was committed for feloniously stealing of shellack. He said what can I do, I will sooner by half transport all the world than I will transport myself. I said in what manner did you offer it to sale, he said he had it of a mate of a ship, whose private adventure it was.

Q. Did he tell you he told Mr. Coe that he had it of the mate of a ship?

Ascue. He said he did tell him that, and more than that he offered to lay several sums of money that he would transport Mr. Coe, and get himself off.

Thomas Booth . I have known the prisoner about six years.

Q. What is his general character?

Booth. It was always very good, I never heard any thing ill of him before this affair.

Q. Where does he live?

Booth. He lives by the Maypole in East Smithfield and keeps a publick house, the Ship and Star.

Richard Cowley. I have known him about nine years; he has as good a character as any one in the neighbourhood. I am sure he is an honest man, if he wanted an hundred pounds I would lend it him.

William Walker . I have known him eight years; his general character is that of an honest man.

William Bedford . I was one of his bail, and live in Bishopsgate-street; I am a chemist and druggist. I have known the prisoner eleven or twelve years.

Q. What was the price of ordinary shellack in the year 1756?

Bedford. There is a great variation in the goodness of that commodity; as to what it was worth then, I can't really say now.

Q. What is the prisoner's general character?

Bedford. That of a good honest man.

Q. How long was he out upon bail?

Bedford. Sixteen or seventeen months.

Q. Had you any counter-security?

Bedford. No, I had not.

Edward M'Farling. I live in East Smithfield, and have known the prisoner ten or eleven years.

Q. What is his general character?

M'Farling. It is that of a very honest man.

William Connup . I was one of his bail in the sum of an hundred pounds. I have known him fourteen or fifteen years; he is a very honest man. He has work'd for me in cutting tobacco, and he has bought tobacco of me, and paid me very honestly.

William Betsworth . I have known him about fourteen or fifteen years; he has work'd for me about seven years. He always behaved honestly, and work'd early and late. I look upon him to be a very honest man.

John Whitlock . I have known him four or five years; he has a very good character, that of an honest man.

William Prophet . I have known him upwards of nine years; he is a very honest man as far as ever I knew. I believe in my heart he is a very fair dealing man.

Henry Endrsby . I have known him eight or nine years; I live just by him. I believe him to be a very honest man.

Joseph Wills . I have known him about ten years; he is a very honest man.

Q. to Hammock. You hear what Ascue has sworn, what say you to it?

Hammock. Upon my oath I never had that conversation with him as he has mentioned.

Q. Did you ever talk about this affair with him?

Hammock. No, I never did at all.

Q. Did you ever tell him you had the shellack of the mate of an Indiaman?

Hammock. No, I did not; for I took it out of the chest myself.

Q. Did you ever offer to lay any money about transporting the prisoner?

Hammock. No, I never did.

Q. to Ascue. Recollect yourself, and tell the truth.

Ascue. What I have sworn is truth. There is a gentleman here that heard him say some of the words I mention'd.

Court. What is his name?

Ascue. I don't know; I saw him when he was giving evidence, and knew him again.

Court. Then go and lay your hand on him. (He goes down, and laid his hand on Connup.) This is the man.

Q. to Connup. Do you recollect, this conversation?

Connup. I never saw this evidence before I saw him here in my life; he must be mistaken.

Q. Did you ever hear Hammock speak as that witness has said?

Connup. No, I never did.

Ascue. It was at the Old-Bailey coffee-house door, the first day that I was subpoena'd.

Connup. I don't remember any thing of it.

Council for prosecution. We have one Abraham Jacobs bound over in a recognizance of one hundred pounds, and he is got out of the way; I desire he may be called upon his recognizance. (He is called, but did not appear.)

Acquitted .

[Abraham Jacobs's recognizance ordered to be estreated.]

121. (M.) William Hutchinson , was indicted for stealing one pair of leather boots, value 10 s. and one pair of steel spurs, plated with silver, value 5 s. the property of William Aldwin , December 21 .*

William Aldwin. I came to the Bear and Castle in Oxford-Road , the house of Mr. Allinson, in order to transact business in town. I had left my boots and spurs there, and went out about business. When I called for them the next morning, in order to return home, they were not to be found. We sent one of the servants out to inquire about for them, and they were found the next day at one Mr. Wetherly's. (Produced in court, and deposed to.)

Mr. Wetherly. I buy and sell second hand shoes and boots. The prisoner at the bar brought these boots to me to sell the Wednesday before Christmas holydays in the evening, about seven o'clock. I bought them of him for 3 s. and 6 d.

Mr. Allinson. I keep the Bear and Castle Inn, in Oxford-Road. The boots and spurs were taken out of my house on the 22d of December, and were found at Mr. Wetherly's, who, by searching about, found the prisoner, and got him secured.

Q. Did you see the prisoner in your house that day?

Allinson. I can't say that I did. The prisoner own'd he had sold the spurs to one Mr. Coleman. We went there, and he said he had bought a pair of the prisoner, and had sold them again. When the prisoner was taken he said his name was Henry Gray .

Prisoner's Defence.

As I was coming home, between five and six in the evening, near Charing-Cross, I met with a brother soldier in a fustian frock, who had a pair of boots, which he asked me if I would buy. We had a full pot of beer. I bought them of him. When I went to try them on I found a pair of spurs in them, which made me mistrust they were stolen. I was born at Kingston in Jamaica, and was sent to Scotland to be educated; so am at a distance from my friends, to give me a character.

Guilty .

[Transportation. See summary.]

122. (M.) John Low was indicted for that he one leaden pump, value 20 s. belonging to Charles Peridge , fix'd to a certain dwelling-house, in the occupation of William Chapman , did rip, steal, and carry away , January 17 . ++

Charles Peridge . On the 17th of January William Chapman , my tenant at Harlington , came and told me my leaden pump was taken away, which was fix'd to the back part of his dwelling-house.

Q. Was it fix'd to the wall of the house?

Peridge. It was, and the pipe went through into the kitchen, to serve a copper. The prisoner was working there as a day labourer.

Q. Did you ever see your pump again?

Peridge. There was a leaden pump cried at the market in Brentford; I went there, and found it to be my property.

- Priest. I live at Brentford. On the 19th of January the prisoner at the bar brought a leaden pump, with two nossels, to my mistress to sell. She suspecting it to have been stolen, would not buy it, without he'd bring somebody to his character. He went, pretending to bring somebody, but he came no more. Then my mistress had it cried, and the prosecutor came on the Tuesday night and claim'd it.

Prisoner's Defence.

I was not at work at Mr. Chapman's that days I know nothing of the pump.

Guilty .

[Transportation. See summary.]

123. (M.) Beverly Boston was indicted for stealing three wooden vessels, value 3 s. and ninety gallons of tar, value 50 s. the property of Christopher Kirby and Co. Jan. 14 .*

Andrew Seymore. I keep an oil shop at Ratcliff-cross. On the 14th of January the prisoner came and asked me if I would buy some Stockholm tar, which he said he would sell at 18 s. per barrel. I told him I would give him 18 s. per barrel. He brought three barrels in a cart. It appeared to be what they call plantation tar. I offered him 9 s. a barrel for it, in order to try him, suspecting he had stole it. I asked him how he came by it. He said a young man desired him to sell it for him. I stop'd it, and advertised it, by which means the right owner came to the knowledge of it, but I not having paid for it, the prisoner sued me for the money.

Captain Robson. There was a quantity of tar that lay in a lighter at Iron-Gate, the property of Christopher Kirby and Co. Some of it being missing, upon its being advertised I went to Seymore's house and saw it; it was the same that was missing from the lighter. The prisoner was secured, and taken before justice Berry, where he confessed his taking it out of the lighter.

Q. Was the confession taken in writing?

Robson. It was [ Produced in court, and the hand-writing of the justice and prisoner proved. It was then read, in which the prisoner acknowledged he did steal it, and carry it to the house of Seymore, &c.]

Prisoner's Defence.

I bought that tar at the sign of the City of Bristol, near Iron-Gate.

Guilty .

[Transportation. See summary.]

124. (L.) Jane wife of Richard Brooker was indicted for stealing 75 yards of linen cloth, value 10 l. the property of Francis Lomas , in his dwelling house , Feb. 10 .*

Francis Lomas. I live in Smithfield . The prisoner was employ'd to wash my linen for me, and had free liberty when she brought it home in our house, as I look'd upon her to be an honest woman.

Q. What is your business?

Lomas. I am an oil-man.

Q. Have you no wife?

Lomas. No, I have not. About the beginning of last December I employ'd the prisoner to make me six-shirts, after which I soon set out into the country, and returned in about six weeks after. Then I went to the prisoner to know if she had made my linen. She said she had made three of them. I desired she would bring them, that I might see how they were made to sit. She seemed to tremble much, and said she could not bring them till the morrow. She not bringing them to her word. I sent my servant for them, but she was not to be found. At last she was brought. I told her I perceived by her behaviour that she had pawned them, and if she had, and would take me to the pawnbroker's, I would fetch them out, and forgive her. She took me to Mr. Brown, a pawnbroker on Snow-Hill, and asked for two shirts that she had pawn'd there, which were produced, and I took them out. Then she took me to a second pawnbroker, and asked for two more. I took them out. Then she took me to a third, and asked for one, which I took out.

Q. What were they pawn'd for?

Lomas. I paid, I think, three shillings for the two first, four shillings for the other two, and three shillings and six pence, or four shillings for the single one. I said, what must I do for the sixth shirt? She said, she would consider what she had done with that. I went again to Mr. Brown, and desired him to examine his books, to see what he had taken in of her, which he did, and found many things; among which were five shirts more of mine that I had missed, but have not charged her with taking them. (He produced the seventy-five yards of linen she was charged with, three pieces of twenty-five yards each. ) She had cut two of them into a variety of pieces, but one was whole, which I can swear to. She acknowledged them all to be mine.

Frank Rotchfort . I am servant to Mr. Brown, on Snow-Hill. (He produced the cloth.)

Q. to prosecutor. Do you know any of these pieces?

Prosecutor. Here is on this whole piece John Ratcliff , Antrim. It is cloth sent to me by a relation of that name, from Ireland, for me to sell for him; there were a great many more pieces in the same chest where these were taken from. Here is a piece, of about six yards, I can also swear to, it being mark'd with a pen, with the figure 7; and there is also on it the same stamp as is on the whole piece.

Rotchfort. The prisoner brought these pieces of cloth to our shop on the 26th of November last, to pledge, on which I sent her twenty-five shillings.

James Bruin . On the 5th of November last the prisoner brought this piece of linen, of six yards, and pawn'd it with me for eight shillings.

Prisoner's Defence.

This linen was given me to pawn by one Mary Anderson , who was a servant in the house; he has turn'd her away since.

Prosecutor. I particularly asked the prisoner, when these things were found, if any body was concerned with her in it. She said no person whatsoever was concerned in it, and that she took them herself. I did turn that servant away, but I had no suspicion of her robbing me.

Guilty, 39 s.

[Transportation. See summary.]

125. (L.) Richard Booker was indicted for stealing seven willow hampers, value 7 s. the property of Daniel Ward , January 30 . ++

Mary Ward . My husband's name is Daniel. I lost six hampers about the 26th of January, and on the 30th my servant ( Ann Jones ) took the prisoner with one upon him.

Ann Jones . I am servant to Mr. Ward. As I was standing in the shop on the 30th of January I saw the prisoner take a hamper from the door; it was what is call'd a two dozen one. I went after him, and brought that and him back again.

Q. What did he say for himself?

A. Jones. He said he was going to carry it to Fenchurch-street.

Q. How far had he carried it?

A. Jones. He had carried it about four or five yards.

Q. to M. Ward. Do you sell hampers ?

M. Ward. I do. When the prisoner was in the compter he confessed, in my hearing, that he had stolen six more of my hampers besides that one.

Prisoner. Yes, my Lord, I did. I told the truth, and can't tell no more.

Guilty .

[Transportation. See summary.]

126, 127. (M.) James Tape and Jonathan Lowder were indicted for stealing five ducks, value 10 s. and two drakes, value 4 s. the property of Thomas Gurnhil , Esq ; December 23 . ++

James Gregory . I am servant to Thomas Gurnhil , Esq; at Ealing. On the 23d of December, at night, we lost five ducks and two drakes out of the canal in our paddock.

Q. When had you seen them last?

Gregory. I had seen them the evening before.

Q. Where they came ducks?

Gregory. They were. We made inquiry after them, and got intelligence of the two prisoners at the bar and one Gore. We took up Gore, and carried him before justice Bever. He told us he had no hand in taking them, but that the two prisoners took them. Tape was taken, and before the same justice confessed he was at the stealing them; but could not tell particularly the night, and that it was about the 23d of December.

Q. What were his words?

Gregory. He said that he and Lowder got over the park pales, drove the ducks up into a corner, and catch'd seven of them; that they gave three to Thomas Gore , and eat the others in a pye. I was not at the taking of Lowder.

John Kempster . I am a headborough. I took Lowder and carried him before the justice; he was charged with taking three people's ducks.

Q. Did he own the taking the ducks he now stands charged with?

Kempster. He did. He said he went to see the place over-night, to know how it was situated; that he went along with Tape, and they took seven ducks.

William Colder . I was present at the justice's when Tape was brought there, who, upon being charged with stealing Mr. Gurnhil's ducks, confessed that he and Lowder had taken seven ducks and drakes in the whole, out of the canal in the paddock, on the 23d of December, at night.

Tape's Defence.

I am so ill I can't go on with my defence.

Lowder. I beg for mercy.

[The two prisoners desired the evidences might be ask'd as to their characters, and each witness said they heard no complaint against either of them before this fact.]

Both guilty .

[Tape:No punishment. See summary.]

[Lowder:Transportation. See summary.]

128, 129. (M.) Jane wife of Alexander Watson , and Elizabeth wife of John Duncan , were indicted for stealing one silver table spoon, two pair of laced ruffles, one pair of muslin ruffles, two silk handkerchiefs, half an ell of linen cloth, one linen apron, one yard of lace for a cap, and one body of a shift , the goods of Henry Constantine , Jan. 25 . ++

Henry Constantine . I rented a room of the prisoner Watson. Some time in September last I missed a large silver spoon, two pair of laced ruffles, one pair of plain, two silk handkerchiefs, one remnant of Irish cloth, one apron, a yard of lace, and a body of a shift, from out of my room.

Q. Was your room door lock'd ?

Constantine. It was. I had no reason to suspect either of the prisoners till Duncan came on the 24th of January and told me of it. She said she had taken the goods, and would tell me where they were. She went with me to a silversmith just by Wapping Chapel, where I found the silver spoon; and then to a pawnbroker's in Nightingale-Lane, St. John's, Wapping; where she said she had pawn'd the laced ruffles for two shillings, but the pownbroker denied them. I found an apron and the yard of lace in Watson's house, upon the information of Duncan.

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

Constantine. Mrs. Watson gave me them out of her own hands. I took her before the justice, and she own'd the taking of all the things; and they both told me they had each of them had a cap made of the Irish linen, and the muslin ruffles served for borders to the caps.

Henry Plumpton . About four months ago I bought this spoon. I cannot swear to the persons that brought it, but the prisoners came along with Mr. Constantine for it.

Q. How many people brought the spoon?

Plumpton. There were two people came with it and sold it to me. I heard the two prisoners jointly confess before the justice the stealing the spoon.

John Guise . The prosecutor having lost these things, he desired me to go with him to find the prisoners. We took them both up, and upon being charged with stealing them, I heard them both confess the taking them. I was also with the prosecutor at the finding of the spoon.

Watson's Defence.

I know nothing of the matter.

Duncan's Defence.

I had been ill some time, and Mr. Constantine came to me, and asked me to drink a glass of rum, which overcame my head. I told him I knew no more of the things than Mrs. Watson did, and going by he went into the silversmith's shop, without any direction, and found the spoon.

For the Prisoner.

Elizabeth Hutchinson . I have known Watson some time, I always look'd upon her to be a very sober woman. I know Duncan also. I take her to be a very honest woman.

Mary Owen . I have known Watson betwixt five and six years. I never saw any thing amiss in her in my life, and never heard any ill of her till now.

Mary Asbton . I have known Watson some time. She is a very honest woman, and if she was clear at this time, I would trust her with ten thousand pounds value.

Susannah Curtise . Watson has used my shop six months. I have known her fourteen months, and never heard any ill of her.

Mary Hofner . I have known the prisoner Watson between six and seven years. She always bore a very good character. She has been a hard working woman to bring up her family.

Daniel Mackey . I have known Watson ten years. She has a very good character. She nursed a child of mine, and has been in my house many times. I never suspected her of any such thing as she is charged with.

Q. When had the your child ?

Mackey. I had it away some time in August last. She had another child of mine since, but her milk was too old for it, so I took it away, and for no other cause. I would trust her with one now, for the matter of honesty.

Jane Kent . I have known Watson between eight and nine years. She is a very honest industrious woman.

Martha Minet . I have known Watson ten years, and never heard any harm of her in my life.

Both Guilty, 10 d.

[Watson:Whipping. See summary.]

[Duncan:Transportation. See summary.]

130. John Hunter was indicted for stealing one iron bank screw and plate belonging to an engine, value 5 s. the property of Nathaniel Hopson , July 24 . ++

Nathaniel Hopson . I had left some tools and things at Mr. Carey's house while I went into the country. When I returned, I missed a strong screw belonging to an engine lath, which was to fasten the bank to the bench. I was inform'd by Mr. Carey, that it was at Mr. Lloyd's, a blacksmith. I went and found it there the 9th of this month.

Mr. Lloyd. I bought this screw and plate of the prisoner at the bar about the beginning of July last. I informed Mr. Carey of it, suspecting the prisoner.

Mr. Carey. Mr. Hopson left these things with others in my care. I put them in my garret, and they were taken away.

Q. What access had the prisoner to that garret?

Carey. He has lodged in my house several years, and the garret door was not always lock'd.

Prisoner's Defence.

No man can lay any thing to my charge.

Guilty, 10 d.

[Whipping. See summary.]

131. (M.) Catherine Palmer , spinster , was indicted for stealing one silver watch, value 4 l. one silver watch chain, value 4 s. and one brass watch key, value 1 d. the property of Robert Foster , February 9 . ++

Robert Foster . I went up Saltpetre-Bank the 5th of this instant, and at the Three-Compasses I call'd for a pint of beer, about half an hour after eleven o'clock at night. The landlord of the house said it was too late to draw it, so I took his answer and went out. The prisoner and another woman were coming out at the same time; they laid hold of me, and forced me with them.

Q. What was the other woman's name?

Foster. They called her Jenny. I went with them to a private house where they lodged, at a place call'd Hog-Yard.

Q. Was you sober?

Foster. I was a little elevated.

Q. Did the other woman go into the room with you and the prisoner?

Foster. She did, staid about a quarter of an hour, and then went out.

Q. Are you sure you had your watch when you went into their company?

Foster. I am sure I had it at the time of my going into the house with them, for I felt it in my fob after I was in the house.

Q. Had you it in your pocket after the other woman was gone out of the room?

Foster. I had, and missed it about a quarter of an hour after she was gone; I staid there all night.

Q. How came you to do so after you missed your watch?

Foster. Because the prisoner had left me in the house with nobody but a little girl, so I staid there, and in the morning I inquired at the Three-Compasses. I was afraid I should not find the house again if I went away in the dark.

Q. Did any other person come into your company, besides the prisoner, between the time the other woman went out and your missing the watch?

Foster. There was nobody with me in that time but the prisoner at the bar, whom I met with at the Three-Compasses the next day, and charged her with taking my watch. She said she had pawn'd it.

Q. Did you give or lend it to her?

Foster. I did neither; she took it.

Q. Did you consent to her taking it?

Foster. No, I did not.

Q. What was the value of it?

Foster. It is a silver watch, value 4 l 4 s. with the silver chain.

Q. Did you know the time she took it?

Foster. No. I challenged her with taking it as we were on the bed, and she left me immediately.

Q. from prisoner. Did not you leave this watch in pawn for 12 s.?

Foster. No,

Q. from prisoner. Did not you lie with me all night?

Foster. No.

Q. from prisoner. Did not you leave it in pawn with my landlady?

Foster. No; there was no landlady in the house but you. I don't know whose house it was.

Q. Did you give the prisoner any thing?

Foster. I gave her a shilling.

Edmund Davis . I am a constable. On the 6th of February I was sent for to the Three-Compasses, where the prosecutor charged me with the prisoner (she was charged with having his watch ) who did not disown having it, but said it was in pawn, but would not say where. We courted her much to tell us where it was, but she used us with much ill manners. We took her before the justice, who asked her where she had pawn'd the watch, but she would not tell. He made her mittimus, and we were to carry her to New-Prison, Clerkenwell. When we came near the Tower Gaol she said, Constable, if you will go in here I will help the prosecutor to his watch; if he will give me a shilling. I will go and fetch it, it is but three or four doors off. I would not part from her. Then she stooped down, took it out of her stocking, near the calf of her leg, and delivered it to me. (Produced in court, and deposed to by the prosecutor.)

Prisoner's Defence.

My landlady lying in, I took care of the house. He came and asked for me, sat down on my knee, and said, Kitty, I have not seen you a good while; how do you do? He said he had no money, so he pawned his watch for twelve shillings with my landlady. We had three bottles of wine, a crown he gave me for laying with him all night, and a shilling for the bed. He had been with me three or four times before.

Prosecutor. I never saw her before.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

132. (M.) Eleanor wife of John Penticost was indicted for stealing one linen apron, value 12 d. one linen handkerchief, value 8 d. one pair of worsted stockings, three pair of muslin ruffles, one pair of linen ruffles, two linen caps, one linen shirt, half an ell of dimity, and one damask clout , the goods of William Smith , Nov. 12 . ++

Susannah Smith . I am wife to William Smith ; we live in Cow-Cross . The prisoner was a lodger with us. The last time I had seen the things mentioned in the indictment [mentioning them all by name] was on the 9th of Nov. and I missed them about three weeks or a month ago.

Q. Why do you charge the prisoner?

S. Smith. I saw her with the pair of stockings on, and charged her with taking them, but she said they were none of mine. Some time after this my husband seeing her with my handkerchief on, he took her up, and had her before the justice, but she denied every thing till she was just going into New Prison. Then she confessed she had taken all the things mentioned, and told us they were pawn'd in Baldwin's Gardens to one Ramsey, where I went and found them ( produced in court and deposed to) I knew the stockings and handkerchief which she had on also to be my property.

William Smith . The prisoner's husband went away without paying his rent. I saw the prisoner afterwards with my wife's handkerchief on. I had her taken up, and heard her confess taking the things as she was going to New Prison.

Mrs. Ramsey. These things were pawned to me by a woman, I can't say I know her again, but Mrs. Smith came, and I delivered them to her. When we lend money on things we give the person that brings them a ticket, in order to their having them again.

Prosecutrix. The prisoner delivered the ticket to me, which I carried to Mrs. Ramsey's, upon which she delivered the things. (The ticket and its duplicate produced in court and compared. &c.

George Weatheral . I was sent for to execute the warrant. I went and took up the prisoner, and going into the prison she own'd she had taken and pawn'd the things to Mrs. Ramsey, and gave us directions where she lived. I went with the prosecutrix, and have had the things in my custody ever since.

Prisoner's Defence.

I know nothing of the matter.

Guilty .

[Transportation. See summary.]

133, 134. (M.) Ann Mathews , otherwise Cole, otherwise wife of Thomas Tobin , and Mary Dean , otherwise Mary wife of Richard Rusty , were indicted for stealing five pair of worsted stockings, value 10 s. the property of William Newton , privately in the shop of the said William , Jan, 14 . +

William Newton . I am a hosier , and live in Clement's-Inn, Clare Market . On the 14th of January I and my wife had been at the Rising Sun, in the passage near my house. She came home a little before me. When I came in there were Joseph Elvington and my wife looking out something for the two prisoners in the shop. Cole asked for worsted blue chevron'd hose, but they could not find them. Then Cole said I am going up the market, I'll call as I come back. As soon as they were gone my man said, what have they bought. I said, nothing. Then, said he, they have stole a pair of rib'd grey hose, which lay upon a bundle, and shew'd me the bundle. I had seen them when I came into the shop, lying on the counter, right before the prisoners. At that time I did not miss any thing else. My servant went after them, and brought them into the shop in about a minute or two, they having not been gone above forty or fifty yards. I charged them with robbing me of a pair of stockings, and shew'd them the place where they took them from. Mathews, otherwise Cole, denied it, and said she never did such a thing in her life. The other prisoner said nothing. I told them I'd have them search'd. I was going to turn myself about, and saw Cole drop this bundle, and these two pair of worsted stockings. (Producing a paper parcel and two pair of loose stockings.) She would have came near to the counter, but I would not let her, and she was moving towards the other end of the shop. (Mine is a long shop.)

Q. How near was she when you saw the stockings and parcel to the place where you saw the stockings lying on the counter?

Newton. It was about two or three yards distance. She pull'd off her capuchine, and laid it down. I saw the stockings in her hand, and the paper parcel fall down, which came to the ground first, and the stockings just after them. Then she desired to be searched. I pull'd her on one side, and took them up from under her, and said there is no occasion to search you now. for here they are.

Q. Did they fall from her, or the other prisoner?

Newton. The other prisoner was not near her, she was a yard or two from her. Cole then sell down on her knees, and beg'd for mercy, and said it was the first fact she ever committed. I carried them and the goods to justice Fielding.

Q. Did the other prisoner say any thing upon your finding the stockings under Cole?

Newton. She beg'd I would shew Cole mercy.

Q. Whose property is the paper parcel and stockings ?

Newton. They are stockings my property, marked with my own name. The two pair of loose stockings are also my property. Justice Fielding, having knowledge of them, would not trust them to go to gaol with the constable, but sent for a file of musqueteers, saying Cole was a very dangerous person. She there intirely denied the fact.

Cross Examination.

Q. Did they come back without hesitation?

Newton. They did.

Q. How came you to be so particular as to your stockings?

Newton. There is my name on them, which I put on them when I send them to the trimmers.

Q. What did your servant say upon this ?

Newton. He said upon seeing the bundle, that is the bundle that I took down for them to look at.

Q. Had not Cole been first searched before you found the bundle?

Newton. It was all done in a minute. When I charged her with the fact, Cole began to shuffle her things about, and the things sell as I before mentioned.

Q. Did you give the same account before the justice?

Newton. I did.

Q. Was not she in the back room before you found the goods?

Newton. No. She was to have been taken in to be searched, but upon their being found I did not take her in there.

Q. Where was your man at this time?

Newton. He was almost at the upper end of the counter at the time.

Q. Did not you declare you found these goods on the ground?

Newton. I took them up from off the ground.

Q. Have not you declared you believed you was mistaken, and that you thought this Cole was not the woman?

Newton. No, never.

Q. Did not you say you should get a couple of Tyburn tickets if you could convict them?

Newton. No, I never did. I could have had 200 l. if I would not have prosecuted.

Q. How do you know you could?

Newton. There were people came and offered me money if I would have comply'd so to do.

Q. Who were they?

Newton. One was a little fellow; and one Scot came to my shop last week, who said he came from Tobin, and desired much to know if I would meet him at any house, and said, we can get you 200 l. if you will not prosecute, and said you had better not find the bill.

Court. Who do you call next?

Newton. I did intend to have call'd my servant Elvington, but he has absconded, and I have a warrant against him to take him up; but as one of the prisoner's friends has acquainted the court, when I knew not where to find him, that he was in the gallery, and wants him to be examined, I rather chuse that he be not examined, for I verily believe he has been bribed.

Court. As he is here, we'll examine him, but not as a witness for the prosecutor.

He is sworn.

Joseph Elvington . I was servant to the prosecutor.

Q. When did you leave him?

Elvington. I left him last Saturday was se'nnight at night.

Q. How came you to leave his service?

Elvington. For a very good reason; I did not approve of his place, nor his goings on.

Q. Did you see the two woman at the bar in his shop?

Elvington. I did, they came in and asked for some worsted clock'd stockings.

Q. What time of the day was this?

Elvington. Between four and five o'clock in the afternoon. I had been but a small time in the place, and was not very read at serving My master had been out, and my mastress came home first; immediately after he came, and I desired him to come and serve the gentlewomen himself.

Q. How long had you been servant there?

Elvington. I came on the Monday, and this was the Saturday after, the 14th of January.

Q. Did you shew them any thing?

Elvington. I did not.

Q. Did not you take down a parcel to shew them?

Elvington. Yes, I did, but I did not know what was in it.

Q. Were there any more lying on the counter at the time?

Elvington. There were a great many more there.

Q. Did you open any paper?

Elvington. No. I did not, but there were several lay open upon the counter. When my master and mistress came in, I went back to my frame to work, at the as farther end of the shop. My master had given me a caution to be watchful when any body came in, to see that they took nothing. I saw Ann Cole lean on the counter where the goods lay open.

Q. At what time was this?

Elvington. This was while master was looking for the stockings she asked for. He could not find them.

Q. Did you see her touch any of the stockings?

Elvington. She might touch some of them that lay on the counter. I did not see her take any in her hand.

Q. Where was Mary Dean at that time?

Elvington. She was standing at a distance from the counter. Master being uneasy that he could not find the stockings, pull'd down many papers, and filled the counter very full. Mrs. Cole said, we are going up the market, and when we come back may be you may find them. Then she they went both away. After they were gone, I observed a pair of grey rib'd stockings that had lain on a bundle were missing. Then I asked my master if he had shifted them, he said no. Then I said I apprehended the women had taken them.

Q. Look at one of these loose pairs?

Elvington. I believe these may be them, they lay upon a bundle.

Q. Was that bundle near where Cole stood?

Elvington. They were pretty near her.

Q. Look at the outside of this bundle. Do you remember whether this lay on the counter?

Elvington. I can't really say, but I believe it might Master desired me to fetch them back. I went and desired them to come back, which they did very willingly. Then master charged them with taking a pair of stockings, and insisted upon their being searched. Immediately Ann Cole pull'd off her cloak and apron, and desired to go into the little room, to be searched. At the same time master was on the opposite side of the counter. He leap'd over the counter, and took up those stockings from behind a rail where were some old stockings to hang for a shew, and said you need not to search any farther, for I have found them again on the ground [holding the stockings up at the same time] I believe these to be the same, except he has changed them since I left him.

Q. Whereabouts did he take them up from?

Elvington. He found them behind the door, at the upper end of the shop, behind a rail that lay on the ground.

Q. Where were the women at the time?

Elvington. They were near the door then, not a great way off.

Q. How far were the stockings found from Ann Cole ?

Elvington. I believe she was near a yard from them.

Q. Where was you at the time ?

Elvington. I was on the same side of the counter that he was on, close to the women.

Q. Did you observe the women all the time?

Elvington. I did, very diligently.

Q. Did you see the stockings on the ground before your master took them up?

Elvington. No, I did not.

Q. When did you first see them?

Elvington. When my master had them in his hand.

Q. Then how do you know that he had pick'd them up?

Elvington. According to his own words. He said you need not search any farther, for I have found them here upon the ground.

Q. How came you to say they were behind the rail, if you did not see them upon the ground ?

Elvington. He said they lay there himself, and the rail lay near that place.

Q. Whose stockings are these?

Elvington. I believe they are my master's property. On the 10th of February I was at work in my frame. Master came, and with several protestations told me, he would prosecute the two prisoners to the utmost of his power, and desired me to do the same, saying, we shall have two Tyburn tickets, which will be worth 10 l. each, and he would give me one of them. Then he asked me if I saw the prisoner Cole drop the stockings. I said no, I did not. His answer to me was, no more did I, but sure enough they had them, and I'll prosecute them to the utmost of my power; which gave me a great concern to think he should go to Mr. Fielding, and give his evidence against them.

Q. Did you put them on the ground?

Elvington. No, I did not.

Q. Do you know any body that did?

Elvington. No, I do not.

Cross Examination.

Council for Prisoner. Did you watch the prisoners narrowly.

Elvington. I did.

Q. When they were brought back again, what did your master say to them?

Elvington. He said there are a pair of stockings missing, and my man is apprehensive you have got them, and I insist upon your being searched.

Council for prisoner. Did you see one of the women fall on her knees.

Elvington. No, I did not, neither of them. I heard my mistress say Cole did.

Q. Was you close to them all the time?

Elvington. I was.

Council for Prisoner. Did you hear Cole beg for mercy?

Elvington. I heard her beg for God's sake not to be taken before a magistrate, for she had a family of children, and was a poor woman.

Council for prisoner. You say they both came in willingly.

Elvington. They did, and Cole pull'd off her apron and cloak, and threw them on the counter in the shop, and desired to go into the little room to be searched, and in a moment's time after my master found the goods upon the ground, but I can't say whether he got over the counter, or lean'd over it, to take them up.

Council for prisoner. Do you think if the woman had drop'd the stockings as your master has related, you should have seen them fall?

Elvington. I really think I should.

Council for prisoner. When they were charged with this fact, what did the prisoners say?

Elvington. They denied it absolutely.

Council for prisoner. Did they continue to do so?

Elvington. They did, I never heard them acknowledge it.

Council for prisoner. Did you continue in the shop as long as they were there?

Elvington. I did, and went with them before justice Fielding.

Council for prisoner. Did you on the 10th of February, or any other time, hear him declare his being mistaken?

Elvington. No, only he told Mr. Fielding he saw them drop, and told me he did not see them drop.

Q. Did you say any thing to your master when they went out of the shop ?

Elvington. I went to him, and said, have you shifted a pair of rib'd stockings from this place, he said no, then I said I am apprehensive those women have taken them.

Q. Why did you apprehend so?

Elvington. Because I had seen a pair of stockings lying there open, and when they were gone I did not see them.

Council for prisoner. Is it not an easy matter, where there are a great number of stockings, for 2 pair to drop on the floor?

Elvington. Since this has happened I have seen stockings drop on the ground by customers, unperceived by them.

Q. Did she not mention the word fact?

Elvington. No, not to my knowledge, she did not mention that word. I am sure I never heard her.

Michael Arman . I was charged in the king's name to aid and assist in the taking the two prisoners before the justice. Cole beg'd and pray'd she might not go before the justice, fell down on her knees, and beg'd for mercy; she mentioned these words, as it was the first time she hoped he would forgive her.

Q. Where was this?

Arman. This was in the passage coming out of the shop. Cole said she was a poor woman, and had five small children.

Q. Was Elvington by at this time?

Arman. He was.

Q. to Elvington. Are you sure you did not hear this?

Elvington. I did not.

Leonard Clark . On the 14th of this instant I went down to New-Prison along with the prosecutor, to the two prisoners at the bar. Mrs. Scot was there (she lives in the parish of St. Giles's ) who said, before the two prisoners should be hurt she could produce seventeen hundred pounds, and would spend it all.

Q. to Elvington. Do you know Mrs. Scot?

Elvington. My master took me to New-Prison; that was the first time I ever saw her.

Q. Have you not seen her since?

Elvington. No, I have not.

John Hall. Elvington lodged with me that very night that he had been with the two prisoners to Justice Fielding, and told me that he had seen one of the women drop the stockings, and that he would prosecute them along with his master.

Q. to Elvington. What do you say to this ?

Elvington. I never said such a thing.

Cole's Defence.

This pair of hose which he says he found on the ground, he found amongst the rest of the stockings lying there. When they brought me back he ask'd me if I had taken a pair of rib'd hose. I put off my cardinal and apron, untied my petticoats, as far as I could modestly, and said, what would you have me do? look among your stockings, and see if you can find them; which he did, and found them lying on the counter. The man said, here is the hose. Said the master here is another pair missing. Then I insisted on going into the room to be searched. I went to the door, and untied my petticoats, to be searched by his wife. He walked to the upper end of the counter, and said, here is a bundle of stockings and a pair of hose.

For the Prisoners.

Thomas White . I have been with Mr. Newton the prosecutor frequently since this affair.

Q. What are you?

White. I am a grocer, and know the prosecutor, who lives in the passage coming up from Clare-Market; he bears but a very slender character: he attends Mr. Fielding's office, in regard to apprehending people, and I find he has received bounty-money for such. On the Monday after this affair happen'd I was in company with him, and also the next day. At the first time I heard him declare to several people in the publick room, at the Three Tuns in Clare Market, that he did not know whether he was right in the affair; but said, he should be very glad if he could have restitution for the goods he had lost.

Q. On what account did he think he was not right?

White. He said there were two other women there buying goods at the time, besides the two women at the bar, and he could not tell how it was; but wish'd he was not mistaken.

Q. Who was present at this declaration ?

White. There were several people, but I know none in particular; it is a house that I generally call to drink at when I go that way. He said he would take any thing that was offered him, if he could do it with safety, but he was under the direction of Mr. Fielding. Next day I was with him at 2 or 3 places; he said he was sorry for what he had done, but he dared not to run counter to what Mr. Fielding had ordered him to do. And at the Blakeney's-Head, near justice Fielding's, he said he had carried it on a great length, but he could do no otherwise, fearing he should lie under the displeasure of Mr. Fielding, for what reason I can't tell; there were Mr. Saunders, Mrs. Hawkins, and Mrs. Barrow by at the time.

Q. Where do you live?

White. I live in Old-street, at the corner of Brick-Lane.

Q. Are you a housekeeper?

White. I am, and keep another house in Clerkenwell, in another branch of business.

Q. What business is that?

White. I make grease and tar for coach and cart wheels.

Q. Did you know Newton before this?

White. I never saw him in my life before I overheard his discourse at the Three Tuns, as he was forcing his discourse to people in the kitchen, not to me. Then I talk'd with him on the affair.

Q. How came you to be in company with him at two or three places?

White. Because these women were going to have a hearing at justice Fielding's.

Q. Did you know either of them before?

White. Cole and her husband have been acquainted with me several years; they are of good character, and I having a regard for the woman, was willing to go and hear it; it was in regard to her husband, he being a particular acquaintance. I believe he has left her support enough to carry her to her grave without doing this.

Q. Did you know Elvington before this?

White. I never saw him before this.

Q. How long have you been a grocer?

White. About a year.

Q. What was you before?

White. I dealt in tar and grease some years.

Q. How long have you lived in that house where you keep a grocer's shop?

White. I have lived there about eight years.

Elizabeth Barrow . I was in company with Mr. White and Newton, at the Three Tuns, about three weeks ago.

Q. What discourse passed between them ?

E. Barrow. Newton said if the prisoners would satisfy him with 10 l. for the goods he had lost, he would not bring a bill against them.

Q. Was Newton there before or after you?

E. Barrow. He was in the house before I went in; they were talking about the affair, but I did not listen much about it.

Q. Repeat the words you heard him say?

E. Barrow. He said if Cole would make him a recompence of 10 l. he would not bring a bill of indictment against her.

Q. How long have you known Cole?

E. Barrow. I have known her above ten years; her husband was an honourable gentleman. I am sure she was never guilty of such a thing in her life.

Q. What is her general character?

E. Barrow. I never heard any thing but the best of characters of her.

Q. Where has she lived?

E. Barrow. In Morefields.

Q. Whereabouts ?

E. Barrow. Just by the square.

Q. What square do you mean?

E. Barrow. A place of all fine houses.

Q. Have you ever been at her house there?

E. Barrow. I have, many a time.

Q. What trade is she of?

E. Barrow. She was a shopkeeper when I nursed her.

Q. How long is that ago?

E. Barrow. Above ten years ago.

Q. Have you seen her often since?

E. Barrow. I have been in company with her every month.

Q. When was you at her house last?

E. Barrow. I have not been there these twelve months.

Q. What trade did she carry on in her shop?

E. Barrow. The business of a grocer.

Q. How long have you known White?

E. Barrow. I have known him above twelve years; we are neighbours, and he lives in Old-Street.

Q. Is he any way related to the prisoner Cole?

E. Barrow. No; he is only a neighbour.

Mary Hawkins . I have known Cole the prisoner a great many years.

Q. Do you know White?

M. Hawkins. I do. I saw the prosecutor at the Blakeney's-Head on the Tuesday after the prisoners were taken up, which was on the Saturday.

Q. Did you ever see him before?

M. Hawkins. No, never, I went in to ask the prisoner Cole if she would have any thing to drink Mr. Newton was there, who tap'd me on the shoulder, and said he wanted to speak with me. He took me into the box, and said, what would you have me to do? I said, you are a stranger, go as far as honesty will go. He said, I have lost goods at divers times, and if I could have any tolerable satisfaction I would not prosecute; but I am obliged to send her to gaol, or Mr. Fielding will send me to Newgate.

Q. How came he to consult with you who was a stranger?

M. Hawkins. I don't know.

Q. Had you given him any hint that you had a power to make it up?

M. Hawkins. No; I only went to give the prisoner a character, having known her many years. I did not know that he was the prosecutor, till the people said he was.

Robert Saunders . I am servant to Mr. Pentilow, the keeper of New-Prison. I brought up the two women at the bar, to have an examination before Mr. Fielding, about three weeks ago. The gentlewoman last examined was along with the prosecutor, who came, call'd me out, and said, what must I do in this affair? he can't make me prosecute unless I have a mind. I said, I wish you would speak to the other people, I know nothing of it. After that the women at the bar were committed. He has been at our house several times since, and call'd me out, to know what proposal they would make, whether they would give him any thing to make it up. I went to the woman on the first day by his direction, and said, do you think to give him any thing? sessions draws nigh. Cole said, a rogue, how can he come to me? if I had a thousand pounds, I would give him nothing. I told him what she said. Then he said, d - n her, I'll prosecute her.

Court. Do you know how you misbehaved in your office?

Saunders. He did not care to go among the prisoners, and beg'd I would go.

Elizabeth Stoaks . On the last day of January I went to see Cole in New-Prison, where was Newton, who gave her the signal to come out; there were several of her friends there besides me. I hearing he was the prosecutor went out with her. He said to her, Mrs. Cole, what do you intend to do in this affair between you and me? I don't know said she, you have swore against me, and God forgive you; what would you have me do? The prosecutor said, I have lost ten pounds worth of goods within these twelve months, and if they will give it me, as justice Fielding will not be upon the grand jury, I will not find the bill against them.

Mary French . I have known Cole six or seven years; she has a very good character. I have had two of her children at nurse in my house three years, and she always paid me justly and duly.

Q. Where do you live?

M. French. I live at the Crown at Kitt's-End, beyond Barnet.

Q. Where did she live?

M. French. She lived in Morefields.

Q. What is her business?

M. French. She goes about the country, selling laces and things.

Ralph Hawkins . I have known Ann Cole betwixt nine and ten years, and never heard any ill of her in my life. She lived in my house two years, and paid her rent duly; that is about three years ago.

Q. What did she deal in?

Hawkins. She dealt in Manchester lace about the country, nothing else.

Q. What are you?

Hawkins. I am a cooper, and live at Mr. Ifles's, Holbourn.

Matthews, otherwise Cole, guilty 4 s. 10 d.

Dean acquitted .

[Transportation. See summary.]

135. (M.) William Page , otherwise Williams, otherwise Gage , was indicated for that he on the king's highway, on John Webb , Esq ; did make an assault, putting him in corporal fear and danger of his life, and stealing two-pistols, value 10 s. one gold watch, value 6 l. one silk purse, value 2 d. and nine guineas, the goods and money of the said John; and against his will , March 26 . +

John Webb . About the 3d or 4th Sunday in the month of March last, at near one o'clock in the day, being in my chaise with John Gunery , a foreigner, my servant, in Belfound-lane , I heard a voice behind me; presently I saw a man, on a dark colour'd horse, with a pistol in his hand, and a crape over his face, which hung down to his breast. The boy driving very fast, the man galloped by the side of the chaise twenty yards, and when he came against the postillion he stop'd him. I was sitting on the off side. Then I saw a blue great coat sleeve, with a hand and a pistol in it, on that side on which I sat. I found that man also was craped, as the other was. He was on a grey horse. I immediately let down the glass of the chaise, knowing very well what the presenting of a pistol meant. I gave him my money in a purse, about ten or eleven guineas, and my watch, which was a gold one. Presently the man that had stop'd us came to the chaise side. Then the post boy was order'd to drive up a lane on the right hand side, going to Staines. The lane is about three quarters of a mile long. After we were near half way up it, they ordered the cha ise to stop, then they took away my two pistols, and said they were sure I had a great deal more money with me, and began to parley with me. He on the grey horse dismounted. I said in the condition I was, it would be rediculous in me to oppose them, and that I had no more that was sufficient for my travelling expences, I had a trunk with my cloaths behind the chaise, and one of them ordered my servant to give him the key of it. He opened it, and said to them, here is nothing but my master's wearing apparel. They examined it, and found it so. They asked me where I had taken the chaise, I said it was Mr. Day's at the post office. They asked me my name, I told them. Then they asked me if I was brother to a member of parliament of that name, I said no. I having notes about me, and fearing they should search me, I pull'd out about twenty or thirty shillings in silver, and said, I have got some silver if you'll have it. The man on the grey horse said he scorned to take any silver. Then I desired him to take a crown for a bowl of punch, so he took it. After that they desired me to stop a little while, or not to drive too fast. I should know my pistols again, could I see them. They were made by Freeman, his name is on them, mounted with silver screw barrels, but I never saw them since. They were with me twelve minutes, or a quarter of an hour. I can say nothing to the prisoner, having no idea of the men at all, nor even their sizes. I never saw the watch since.

John Gunery . I am servant to Mr. Webb. We were travelling last March to Staines. Two men came up, one on a dark horse, the other on a grey one, one stop'd the postillion, and the other came up to the chaise; they had crape before their faces, so I could not distinguish their faces. One of them had a blue great coat, the other a light great coat. They took my master's watch and purse, and ordered the postillion to drive up a bye lane. Then one of them ask'd me for my pistols. I told him they were in the chaise. He took them. One of them said my master had more money, but my master said he had no more. I said, Gentlemen, I am but a servant, I have no money. One of them ask'd me for the key of the trunk that was behind the chaise, and bid me open it, which I did, and said there was nothing but my master's cloaths. They look'd in, but took nothing. My master pull'd some silver out, and said, Gentlemen, here it is, if you'll take some silver. One of them said he scorned to take silver. Master persuaded him to take a crown for a bowl of punch. After they had asked my master's name they went away, and ordered the postillion to drive softly. I don't know which way they went when they got into the road. I could not distinguish their faces. I know one was taller than the other.

William Darwell . I have known the prisoner near twenty years. He was born at Hampton. I lived there upwards of three years. In March last, about the latter end, I and the prisoner at the bar set out from London, in order to commit robberies. His horse had been stopt before, and I being quite an unsuspected person, as he was afraid to walk the streets on another affair, I hired horses for us both. This we had agreed upon. I brought the first horse to him between seven and eight o'clock to a publick house at Marybone. He went there to wait for me, and he carried the arms, three brace of pistols. I saw him look out at the window. I went softly on, he came out, and took the horse, which was a blackish one. Then I came back to Mr. Leader's, at the bottom of Red Lion-street, Holbourn. There I took a grey horse for myself. I believe I got to the farthest sign of the Hatts in Oxford Road between ten and eleven o'clock, the prisoner was to stay for me there. I saw him, and he saw me. I call'd for some liquor at the door, and after that rode on. He soon followed me, and took me into Hounslow road. Then we agreed one should go to one inn, and the other to another. These were little inns before we came to Hounslow. I went to that nearest Hounslow. We were to wait till we found something worthy to attack. When he saw such, he was to come out, and I to mount and follow him. I sat forward, so that I could not miss seeing him as he came along. Presently came a post chaise, and soon after I saw him coming along. He passed me about ten minutes after the chaise did. Then I got my horse ready, and rode after him. We followed the chaise over Hounslow Heath. It was I believe between twelve and one o'clock when we set out from those inns. I join'd him on the Heath, and followed the chaise into Belfound-lane. Then he rode up, and ordered the postillion to stop. The gentleman in it pull'd out a small gold watch, and gave it to him. I rode up to the chaise, and demanded the gentleman's money. He gave it me in a green purse, about ten or eleven guineas, I am sure it was one of them. Then the prisoner ordered the postillion to drive up a lane on the right hand, where we ordered the gentleman to deliver the key of his trunk that was behind the chaise. There was another person in the chaise, which I found to be his servant; they got out of the chaise, and loosed the trunk from behind, but did not take it down. They unlock'd it, the prisoner dismounted to look into it; and they assured us there was nothing but wearing apparel. The prisoner asked if it was Day's chaise at Hounslow; they said it was. Then he said to the postillion, You are the sauciest fellow that travels this road. The gentleman offer'd us some silver, but that the prisoner refused. The gentleman forced a crown upon him for a bowl of punch for us to drink at night. The prosecutor is the gentleman.

Q. Look about for the other?

Darwell. This is the other (pointing to the servant) The gentleman desired he might have his watch and pistols again, he said the watch cost about ten guineas, and he'd pay us the value of it, as we should order. We left him, and went over Walton Bridge; we stop'd at a little house about an hour, and drank. Then we went to the King's Head at Martin, and there staid all night, and lay together in one bed. We got in there after dark. Next morning I met with Henry Harvey , a discharged dragoon there. I was servant to the major of the same troop, we were all three in company there, and I had a good deal of discourse with him. I remember there was a very fat man, a blacksmith, there at the time. This was about ten the next morning. We staid there so long, in order to wait for carriages out of town, so to go upon the Croydon road. We went away about eleven o'clock, to a publick house, a little on this side Croydon. The prisoner allowed me three guineas, or three guineas and a half for my share of the watch and pistols, and he took them with him, when he embarked on board a ship for Scotland, about five or six weeks after. We shared the money that we took in the purse. After the prisoner returned, he and I set out in July last, in order to commit some robberies on the Tunbridge road, and I was taken a little beyond Seven Oaks in Kent, on the road, by several people, and the next day I told Mr. Curtice some few circumstances of it.

William Philips . I live at the Globe in Pall-Mall. I knew Darwell and the prisoner from children, at Hampton town, who were acquainted like brothers; but I don't know that I have seen them together these ten years.

Henry Harvey . I was once a dragoon, and am acquainted with Darwell. I saw him at the King's Head at Martin some time in March, 1757, on a forenoon, where was a man with him; but whether the prisoner is the person I don't know. They had both whips in their hands, but I did not see them go away, so can say nothing of the horses.

William Bailey . I keep the King's-Head at Martin. I know Henry Harvey, and know he was in company with two men, about the latter end of March, on a forenoon. The two men lay at my house the night before, and, I believe, both in one bed; but I cannot say I recollect the men; I can say nothing of the prisoner. I was at home when they came in on horseback; it was after dark. I did not see their horses, nor see them go away.

Q. Do you remember a very fat man being at your house, at the time the two men were there with Harvey?

Bailey. There was a blacksmith, a very fat man, at our town at that time, but I don't remember his being there then.

William Marsden . Darwell was in Maidstone-Gaol. I was with Mr. Fielding at Chelmsford, at the last assizes. While we were attending the trial of a man for robbing the mail, there came a letter, giving an account of a robbery committed. After that I heard Darwell was in Maidstone Gaol, where I went to see him, and take his information, concerning what houses Page used on the road; who gave me an account of many. Mr. Barnes took Page about a fortnight after this, at the Golden-Lion, by Grosvenor-Square Gate. There were three pistols loaded about him, two horse pistols and a pocket one. We found also a wig, a cockade, a powder horn full of powder, and about half a dozen balls. ( Note, Page were his own hair.) We took a book from him after we brought him to Mr. Fielding, in which is an account of all the bye roads. He said very little before justice Fielding. (The pistols produced in court.)

Prisoner's Defence.

In regard to the charge that Darwell has given against me, I really know nothing of it. I never had any connection with him in any such circumstances. I own I knew him when I was a boy at school, and had some correspondence with him some years ago; but since that I know nothing of him, and why he should place this matter to my account, I don't know. He has had access to my lodgings, and has had a long connection with Mr. Fielding from his own testimony. He is every thing that is bad and infamous, in declaring himself a highwayman. He would have given testimony against any person that he should happen to fix upon, to save his own life. He glories in his wickedness. I am much confused at this time, and can't speak so freely as I would. Under these circumstances I submit it to the gentlemen to consider of it.

Acquitted .

[He was detained for several felonies committed in Kent, Surry, Berks, and Hertfordshire.

136. (M.) Thomas Hunt , late of Whetstone , wheelwright , was indicted for stealing one piece of oak timber, value 10 s. the property of his majesty , Jan. 18 . ||

Thomas Nuthell , Esq; I am surveyor of his majesty's woods within the dutchy of Lancaster. About the middle of May I received his majesty's commission to cut down, and sell for his majesty's use, a large quantity of oak timber, and beech, growing on Enfield chace , within that dutchy. The fall was begun in the month of May, and ended in August. I was to pay to his majesty's use four thousand pounds neat, after deduction of charges. During the fall and after, I missed a great quantity of billet wood, so I directed my people to endeavour to detect those that stole it. About the 20th of January I received information that the prisoner at the bar had carried off an oak tree ( part of the fall) in the night. I order'd an agent of mine to go to him, to know if he had done any thing of that kind. The answer brought me was, that he had bought some chips and offal wood of the hewers, but had not carried off any thing else. At the time I received this message back, the witness, who will be next called ( Charles Head ) who was said to have help'd him to load this tree, happened to be at my house, and on his confirming it, I had the prisoner taken up, and carried before Mr. Fielding, on the 10th of this instant. Upon his own examination, the witness having sworn to the fact, he said in his defence, that he had bought this tree of one Andrew Tyler, a tenant of Mrs. Sambroke's, who lives about a mile or two from the chace, and that Tyler had help'd him to load it that night, and that he came very honestly by it. This he said was on the 18th of January. I asked him if he would abide by that defence, if he would, I would go over to Tyler, and bring him to town, in order to get him discharged. The prisoner said he would. I went to Tyler, who lives at a place call'd Little Heath, near Northaw Common, and upon telling him all the circumstances I have now mention'd, Mr. Tylor told me he never had any dealings with the prisoner at all, except that the prisoner mended him a plough, for which he had paid him. I then inquired at the turnpike, between Tyler's house and the chace, (where they sit up night and day) thro' which the timber must have past, if the prisoner had had it of him. The turnpike man told me, no timber whatever had gone through that turnpike towards London, for several months. On the prisoner's being re-examin'd before justice Fielding, which I believe was on the 14th of February, he said, he could not persist in his former defence, but that he had taken this tree from the chace by mistake, that he had agreed with me for a little lot of trees, and he thought this had been one of them.

Q. Had he bought any timber of you?

Nuthell. He had applied to buy some, but the character of the man being bad I would not sell him any but for ready money. I never sold him any. There were some trees looked out for him, in case he could raise the money, and mark'd with the initial letters of his name. I did imagine that might have been his defence at first, so I took the trouble to go over those trees, and found them all lying on the chace. The tree that he had taken away was no part of that wood. I then took Charles Head to the place, in order to see what tree it was. I found it was an oak tree that had been cut, part of the fall, in the midst of some bushes: the butt end of the tree was left in the ground, and the tree was carried off. I went to the prisoner's house, in order to see it, and found it within his own yard, at Whetstone, where he lives. As all the trees were mark'd with some letter of the alphabet at the bottom, I look'd there, but the bottom of it appeared to me to have been cut off, so that I could not form any judgement of it.

Cross Examination.

Q. Was that person that assisted him your servant, or any way employed by you?

Nuthell. He was not my servant; he is a labourer, and was digging a pond at my house, near the chace, and, as I understood, the prisoner got him to assist him. I believe he thought it was the prisoner's property.

Q. Had not you sold some of these trees to Mr. Sleath?

Nuthell. No, I had not; Mr. Sleath is my agent, the measurer of the king's timber.

Q. Had not he measured the prisoner thirty-five small sticks?

Nuthell. He had measured thirty-five sticks, which the prisoner was to have had upon his paying. for them. Mr. Sleath was the very person that advised me not to let him have it till he paid for it.

Q. Did the tree lie open in the prisoner's yard?

Nuthell. It did.

Q. How long after the fact was it, which you say was on the 18th of January, that you saw it there?

Nuthell. I believe it was on the 14th of February.

Q. Did you take minutes of his examination?

Nuthell. I did.

Q. Did not the justice take it in writing?

Nuthell. He could not; he is blind.

Council. Justice ought to be blind.

Q. Did the clerk take it in writing ?

Nuthell. I believe not; I did not see him.

Q. Do you know whether the prisoner has not an estate of his own?

Nuthell. I don't know that he has.

Q. Can you take upon yourself to say that this was the tree that was carried from that place, which you, with Head, went to view; for you seem to say the mark did not appear on it when you saw it, in the prisoner's yard?

Nuthell. I can't take upon me to swear it is the same that was fell'd there, but I do verily believe it to be the same.

Q. Is there any means by which you know oak timber growing on the chace, from any other timber growing in any other place?

Nuthell. The oak timber we sell from the chace is not so well cut; we leave it rougher a good deal, and it was cut when the bark would not run; it will seldom run after the month of May. People that cut down timber chuse to have the bark run, which is very valuable. These particular trees were left with their bark on; it would not run.

Q. Did it appear in that manner, in which you describe trees cut from the chace?

Nuthell. Yes, it did; part of the bark was on it when I saw it in the prisoner's yard. People who can chuse their time of selling, don't cut down oak timber when the bark won't run, because it will pay for the charges of selling.

Charles Head . On Wednesday the 18th of January, between eight and nine at night, the prisoner's lad call'd me out of my bed, and desired I would go and help the prisoner.

Q. Was the prisoner by at the time?

Head. No. I got up, and went with the lad to the prisoner to Enfield-Chace, where he was with two horses.

Q. How far do you live from the chace ?

Head. I live within less than half a mile of the place from where the tree lay. The tree seem'd to have been cut down some time before; it lay amongst some bushes, and he could not get it out, so I help'd him out with it. He carried it on a truck with two horses into the high road, and there I left him.

Q. What did he say when you went to him?

Head. He said he had bought the whole hill of timber, and there was never a bit there that would do but that tree.

Q. Did he say of whom he had bought it?

Head. He did not, neither did I ask him.

Q. Was it lying on the same spot of ground where you shew'd Mr. Nuthell ?

Head. Yes, on that very place.

Cross Examination.

Q. Was it light or dark?

Head. It was moon light.

Q. Did you think he was about to steal it?

Head. I looked upon it to be his own tree, and that he came to fetch it away.

Q. Were there any more timbers near it?

Head. There were a great many more.

Q. Could you, at that time, have distinguished the mark of one tree from another?

Head. No, but I took particular notice of the place where it lay.

Mr. Nuthell. The timber on or near that hill I sold for above 500 l.

Q. from prisoner. How far did this lie from the lot that was mark'd out for me?

Mr. Nuthell. The witness Head can give no answer to that, but I can; if the court pleases, and if the prisoner thinks it will be of any service to him, I will answer it.

Prisoner. If you please.

Mr. Nuthell. The small stuff that was mark'd for him, 27 of them, lay in a plain, at about thirty yards distance, drawn together, in order that he might more commodiously take them away when he had paid for them. This tree was not any part of them, but lay at some distance in the bushes, within the cover.

Prisoner's Defence.

I bought this lot of timber of Mr. Sleath; it lies on the same plain where I am challenged; but five pieces of them lie in the thicket, and about eleven poll beyond lay this piece in a delve hole. I had two pieces lay in the thicket, about fifty polls below, which was not all drawn together. Mr. Sleath's clerk (named Ellis) measured it to me, and mark'd my own name on it.

He called James Honybourn , who had known him six years; Robert Jordan , twenty; James Steel , nine; John Reeves , about three; Francis Clairidge , twenty three; Richard Nusham , twenty; and Mr. Brooks, about three years, who all gave him a good character. - He call'd also his brother William Hunt , who gave him the same, and further deposed, that the prisoner had an estate of twelve pounds a year at Watford, and a house at Whetstone, where he lives, one part of which he lets for seven pounds a year; he has also an income by his wife of four shillings per week, and a couple of other little tenements; that he is very well situated, has a very good trade, and under no necessity, as to his circumstances in life, to be guilty of such a thing as is laid to his charge.

Guilty, 10 d.

[Whipping. See summary.]

137. (L.) William Whight , otherwise James Dixon . was indicted for filing and diminishing one thirty-six shilling piece of Portugal money, to the great deceit of his majesty's subjects , October 1 . ++

Edward Lambley . I have known Whight 8 or 9 years. He applied to me to accept indorsed bills, drawn by Collins, otherwise Wood, that was tried here last December Sessions (See No. 47.) and I did accept bills of my own brother, drawn upon me, and payable to Collins. Sometimes they were made payable to Collins, and sometimes to his friends in the country. Collins at that time lived at Birmingham, and a great many were drawn with fictitious names. There was not that lived means to get bills on accepted bills to the value of I at the time that Collins Whight told me that they, meaning Collins and himself, had got a new trade, about two years and a half ago.

Q. Did he tell you what trade it was ?

Lambley. He said it was clipping 36 s. pieces and moidores. I have been present and seen them both clipping of each. I can't be positive how many time. I have seen them, it may be half a dozen, or half a score times.

Q. Are you certain you have seen Whight clip such?

Lambley. I have. He clip'd them first where they stood a little out, with a pair of taylors shears, then he smooth'd them with a small file; then he made a punch, as he told me, whereby he made a sort of a milling afterwards. I have seen the punch in Token-house-yard, where he lived, and also at Collins's lodgings in Spittle-fields, and I believe I saw it at the garden at Hoxton. There was a smaller house, where were two closets joining to the fire place, and a bench in each closet, for them to work at that sort of work; no doubt but that conveniency was built on purpose for that use. I saw Whight clip some 36 s. pieces there.

Q. Do you know the hand-writing of the prisoner?

Lambley. I do. I know he was Collins's agent. [He is shew'd six letters. He said five of them were Collins's hand-writing, with Whight's writing on the back of each, and the sixth was the hand-writing of Whight. Most of them were directed to James Dixon .]

Q. Who was this James Dixon ?

Lambley. That was their contrivance. Collins directed his letters to Whight so, and Whight took them in, and open'd them. He took them in as for one James Dixon , but they were for himself, and he answer'd them. The bills drawn upon James Dixon were paid by Whight.

Q. Look at this pocket book (he takes it in his hand. )

Lambley. I believe this is Whight's writing. Here are tools in order to carry on that trade, vices, shears, a pot, &c.

Mr. Freewell. I am a teller at the bank, I know the prisoner's face very well, I have seen him at the bank, and have paid him money for bank notes, but can't recollect the particular species. I had a suspicion of him. The first was Mrs. Wilcox, the second was Wood, otherwise Collins, and the third the prisoner. My suspicion was founded upon a mistake made by Mrs. Wilcox, in the receipt of some ports at the bank. One of my brother tellers had paid her 100 l. instead of 90 l. on inquiring where to find her, he went to the Castle at Moorgate, and was inform'd one Whight would satisfy him about the 10 l. and I think Whight did; and after we had been at Wood's house and garden at Hoxton, I expressed my desire (to Mr. Chamberlayne, solicitor of the Mint) to go in pursuit of Whight. Mr. Kemp, I, and one of Mr. Fielding's men went and took him, at the Castle at Moorgate, on the 6th of October. I ask'd him if he lodged there, he said no, he lodged in Silver-street. We went there with him, and searched, and Mr. Kemp took out of a drawer in his bed chamber a pair of shears, and a file with gold in the teeth of it. I left Mr. Kemp with him, and went down in order to found his landlady. I got from her, that the man and his wife at the Castle at Moorgate were at Whight's lodgings the night before. I desired Mr. Kemp to go and search there, and I took the prisoner to Mr. Fielding in a coach. He was searched, and out of his pocket we took a pocket book, in which was a memorandum, fresh scratched out, it was then not dry, which I suppose he did while I was talking to his landlady. There were nine keys in his pocket (producing them) here is one of them open'd the outward door of the garden at Hoxton, another the outward door of the summer-house, another that open'd both the cupboard doors withinside, and one that open'd the very drawer under the bench upon which they work'd within that closet in a cupboard. I open'd these doors with them, and found in the last mention'd drawer scales and weights, and an iron box, wherein was a small ingot of gold and silings; there was a vice with a bit of leather in it, tinged with gold, in which I believe had been pieces of money, in order to file them. At justice Fielding's we took out of the prisoner's pocket three moidores (producing them) two of them appear to me, and I am certain of it, to be fresh clip'd, and I believe never had been in other hands. I think he is too well acquainted with money to let these pass thro' his hand, any body would see they were fresh filed, and would refuse them; there is not an edge put upon one of them, another of them has an edge put upon it, the other has been fresh filed and edg'd, and I believe will pass very well I observed to Mr. Whight the of them, and he desired me not to be too nice.

M. Kemp. I am porter to his majesty's mint in the Tower. I was at the taking the prisoner up on the 6th of October, at the Castle near Moorgate. I found a three corner'd file with gold on it, two other files, and a pair of shears, stained with gold, a chest of drawers among his cloaths. When he saw me taking them up, he desired me to take no notice of them. We found upon him two moidores, which we found to be weight, they were lying then on the table; he turned to them, and said, if I would accept of that I should be welcome to it, if I would not take notice of the tools; this was in Silver-street. When he was gone to the justice's, I went back to the Castle at Moorgate, and in a de in his room I found some cupings and hg of gold, the clippings seemed to be from 30 s. pieces and guineas, but they were taken away in court after the trial of Wood, and we never heard of them since. I found also a pair of shears, and in a drawer some more tools.

John Spinler. I am apprentice to Mr. Samuel Spinler , a refiner. The prisoner sold me gold run into ingots [He reads in a book] Jan. 10, 1757, two ounces, seventeen penny weight, brought by Whight. - April 18, ten ounces, one penny weight, by Whight. - June 22, gold brought, but whether by Mr. Wood or the prisoner, I can't say. - Aug. 5, fourteen ounces, fifteen penny weight, twelve grains, by Whight. - October 4, fourteen ounces, thirteen penny weight, by Whight. I have seen him bring gold in ingots several times.

Mr. Pacor. I have carried a great many bills to Whight for payment, he paid me very light money in general. I don't know that ever I received any of him but that I was obliged to weigh them. I have rejected both Portugal money and guineas. He would say he had them of a banker, and as he received them he must pass them. I have noted him for paying bad money; his money used to be so exceeding light, I really suspected him in this way.

The book taken from him read, call'd a book of charges of money laid out in trade. For two vices 16 s. for files 1 s. for shears 20 d. for a nest of pots 4 s. for the aslay 6 d. for files 6 d. for time and making tools, &c. &c. &c.

The prisoner had nothing to say in his defence, but call'd Mr. Spurier, who had known him about three years; Mr. Norman, between three and four; Mr. Ashton, six or seven; Mr. Leyfort, six or seven; Mr. Caruthas, eight; Mr. Luallin. between two and three; Samuel Guest , about eleven; and Mrs. Neves, five weeks; who all gave him a good character.

Guilty .

[No punishment. See summary.]

138. Mary Gosting was indicted for stealing one silver spoon , the property of William Burton , Feb. 20 . to which she pleaded Guilty .

[Transportation. See summary.]

139. (L.) Mary Hopnell the younger was indicted for that she together with Mary Hopnell the elder, did steal one pair of linen sheets, one bed quilt, and one bolster, the property of Olivia Cotton , in her ready furnish'd lodgings . ++

Guilty .

[Transportation. See summary.]

140. (L.) John Smith was indicted for stealing two mahogany tea chests, value 7 s. the goods of Thomas Wintle . ++

Acquitted .

141. (M) Jane wife of Richard Bussington was indicted for stealing one peck of oats, value 6 d. the property of John Newport , and one gallon of pease , the property of Mary Life , Feb. 11. ++

Acquitted .

She was indicted a second time for stealing one hempen sack and one bushel of oats , the goods of John Newport . ++

Acquitted .

142. (M.) Elizabeth Godfry was indicted for stealing two aprons, one silver tea spoon, one silver salt, one copper lamp, one linen handkerchief, three linen shifts, one pair of bellows, and one tin kettle , the goods of John Jesset , Jan. 11 . ++

The prosecutor lives in Kingsland Road , at the Gentleman and Porter, whence the goods mentioned were missing. The prisoner being suspected was taken up, and confessed she took them, and where she had pawn'd them.

The prisoner had nothing to say in her defence.

Guilty, 10 d.

[Transportation. See summary.]

143. (L) Joel Blackbourn was indicted for stealing twelve yards of cloth, value 20 s. the goods of Samuel Crosley , February 15 . ||

The prosecutor lives in Milk-Street , and the prisoner was his servant . The goods were missing, the prisoner was suspected, and a shirt found at Edward Ray 's, a pawnbroker, in White-Chapel, with the prosecutor's mark upon it, which was produced in court and deposed to. The prisoner was apprehended, who confessed he did take the piece mentioned in the indictment, said it was the first fact, and beg'd for mercy.

The prisoner in his defence said, he wanted a piece of cloth to make some shirts, and that he took it with an intent to pay his master for it.

Guilty .

[Branding. See summary.]

144. (L.) William Foxon was indicted for stealing ten pounds weight of sugar, value 2 s. and 6 d. the property of Richard Mason, and Co. February 16 . ||

Guilty .

[Transportation. See summary.]

145. (L.) Frederick Holmes was indicted for stealing one iron stocking-maker's needle mould , the property of Westfield King , Feb. 16 . ||

Guilty .

[Transportation. See summary.]

146. (M.) Richard Nash was indicted for stealing nine guineas, and twenty shillings in silver , the money of Hannah Case , spinster , Feb. 13 . +

The fact was proved, but it appeared by many witnesses that the prisoner was not seventeen years of age, and that he had been thrown from a horse into a river, about two years ago, since which he has been much disordered in his understanding, and at times very bad.

Acquitted .

147. (M.) Samuel Fisher was indicted for feloniously making and publishing a bill of exchange, for the payment of money, with intent to defraud William White , May 10, 1756 . ++

Philip White . I live at Isleworth, and sold beer for my brother William White , who was a brewer . The prisoner came and told he was to buy three hogsheads of beer for three gentlemen, and that he liked it so well, he would have one himself; so he bought four hogsheads, casks and all, at eighteen pounds. I sent them according to his order, to the Three Cranes by water. He pull'd out a twenty pound note, said it was upon a very rich gentleman, and the money would be safely paid me. He wrote his name on it, and gave it me. I gave him in change forty shillings. The bill being drawn upon Higham Hart, a Jew, I came to town, sound him, and shew'd him the note, who told me Samuel Fisher was at Bristol; that he had given him no advice about it, and he should not pay it 'till he had a letter from him.

The bill produced. deposed to, and read to this purport:

Rowel, March 20, 1756.

'' Pay to Mr. Samuel Fisher , or order, the sum '' of twenty pounds, for value received, as advised '' by your humble servant,

'' William Ricraft .''

Directed to Higham Hart, merchant, New-York coffee house, Sweeting's-Alley, London.

White. I neither know where this Rowel is, nor know any thing of who this Ricraft is.

Q. Has there been any action brought on this bill?

White. My brother brought an action on it against the prisoner, and he recovered a verdict of 20 l.

Joseph Stanyard . I live at Rowel, in Northamptonshire, and never heard of such a person as William Ricraft living there.

Court. It is possible a person of that name might, on a journey, date a letter from Rowel, and his habitation be elsewhere.

Prisoner's Defence.

Mr. Hart has failed since that was drawn.

He call'd Mr. Kidwell, an attorney, who deposed, he carried on a law suit for one Harrowsmith, against Ricraft and the prisoner, and they were both carried to Newgate. He produced the bill, dated, '' Rowel, March, 1756.''

Philip Church deposed, That he had a writ against the prisoner, Ricraft, and one Wass, at the suit of Harrowsmith, a cyder merchant, in Worcestershire; that he arrested Ricraft first, and Fisher next, about eighteen months ago.

Hervey Wicks deposed, That he was acquainted with William Ricraft , and had seen him write a great deal; that he lived at Woolwich, and was a shipwright; but does not know where he is at this time. He look'd upon the bill, and said he sincerely thinks it not to be Ricraft's hand-writing.

Elizabeth Daget deposed, That she had seen Ricraft write a great many times. She looks on the bill, and says she verily believes it to be his handwriting; that she now lives with one Miles Hart , a stay maker; that her husband died about ten years ago, and left her about 300 l. a year in, Morefields, but now she has nothing of it left.

Ralph Palmer deposed, That he was born at Rowel in Northamptonshire, and the prisoner also; that he had seen the prisoner write forty times. He looks at the bill, on which the indictment is founded, and also that of Harrowsmith's; he said, he really believed the two indorsements to be the prisoner's writing.

Acquitted .

148. (L.) was indicted for stealing one iron hammer, value 6 d. and one chissel, value 4 d. the property of James Reynolds , January 26 . ++

Guilty .

[Transportation. See summary.]

149. (L.) Mary Elkinton , spinster , was indicted for stealing three silver spoons, value 24 s. three silver tea spoons, value 6 s. and one pair of silver shoe buckles , the goods of Peter Joyce , junior , January 20 . ++

Acquitted .

150. (L.) Robert Arden was indicted for stealing one pair of silver shoe buckles, value 9 s. the goods of Henry Barlow , privately in his shop , January 14 . ++

The prosecutor keeps a goldsmith's shop in Aldgate High Street , into which the prisoner went, and ask'd for silver shoe, knee and stock buckles. The maid servant set three drawers before him with such. He took a pair of each, ordered them to be weigh'd, and immediately went out of the shop; but was taken hold of in the middle of the street, and brought back with a pair of silver buckles upon him. He was searched and had no money about him to pay for any.

Guilty, 4 s. 10 d.

[Transportation. See summary.]

151. (L.) William Jones was indicted for stealing six pounds weight of chocolate, value 13 s. two pounds weight of tea, value 6 s. one other pound of tea, value 4 s, and one pound of nutmegs, value 7 s. the goods of James Bennet , Jan. 23 . ++

The prosecutor is a grocer in Fenchurch-Street , and the prisoner was his porter , and lodged in the house. The prisoner being suspected to take things out of the shop, his box was searched, and the goods mentioned were found in his box. Upon his being charged with taking them, he acknowledged them to be Mr. Bennet's property.

Guilty .

[Transportation. See summary.]

152. (L.) Ann Griffith , spinster , was indicted for stealing three pair of crystal stone buttons set in silver, value 12 s. and one pair of silver sleeve buttons, value 18 d. one silver tea spoon, and 7 s. and 6 d. in money number'd , the property of Elizabeth Bickerton , widow , Feb. 4 . ++

The prisoner was servant to the prosecutrix, and the keys of her drawers were missing. A Smith was fetch'd with some keys, the drawer was open'd, and the things mentioned in the indictment taken from out of a box in the drawer. The prisoner was charged with taking them, who at first denied it; but afterwards acknowledged she had taken the things and that she had changed a crown and a half crown of the money; she brought all the goods again but one pair of buttons.

Guilty .

[Transportation. See summary.]

153. (M.) Luke Henry was indicted for that he, on the 13th of January , about the hour of two in the night, the dwelling-house of Francis Barnard did break and enter, and steal one mahogany teachest, seven silver tea spoons, one pair of silver tea tongs, one pair of gold ear-rings, and one pair of silver buckles, the goods of the said Francis, in his dwelling-house . ++

Francis Barnard . I keep the King's Head, a publick house in Monmouth-Street . I got up on the 14th of January and found my window broke open, the closet door was also broke open, the lock hanging upon one nail, and the other three on the ground; out of the closet I miss'd the tea chest, in which were the other things mentioned, except a large silver spoon, which was lying upon a shelf. I went up stairs immediately, and found my four lodgers in bed. Lokin was one of them, who upon my asking told me he heard a noise between one and two o'clock, like the falling of the window bar upon the table, and that he heard somebody say, Betty, Betty, open the door for me; upon which I took a neighbour, and carried him before justice Fielding. Then Lokin said, he believed it was the prisoner, upon which I took up the prisoner. Then Lokin said he was the person that robbed me. But upon justice Fielding's hearing Lokin's name, he told him he believed he had been guilty of stealing some lace, which he confessed. The prisoner was committed to New Prison, I went to him there, and he confessed to me that Dick Lokin had left the window open, and he went in and robbed me, for which he was very sorry, and that he had thrown the tea chest and sugar tongs into the vault where he lodged, and had pawn'd the rest of the things.

William Watson . I am a pawnbroker, and took in seven spoons of the prisoner, on the 14th of January. I knew him before, he being employ'd by a lady to bring things before, and I did not know that he was discharged from her service.

Q. Where does she live?

Watson. It is my lady Marten.

Q. Who is she?

Watson. A lady of the town. (The spoons produced in court, and deposed to.)

Thomas Woodward . I am a constable. On the 14th of last month Mr. Barnard told me he had been rob'd, and that Lokin told him, one West, a neighbour of his, had call'd his maid up at two o'clock in the morning. We took West up, and before justice Fielding Lokin at first said, he heard West call the maid up; but the justice hearing the name of Lokin, he charged him with a robbery. Then Lokin said, he could give an account of this if it would save him. Then West was discharged, and Lokin committed privately. After he had given an account, against the prisoner at the bar, at night I took the prisoner, when he came to the prosecutor's house, he having appointed to meet Lokin there. And on the Sunday, in the round house, he confessed to me he did commit the robbery, and that he had broke the buckles and sold them, and had thrown the tea chest into the necessary house. He told me he got in at the window, but did not say any thing about breaking the lock.

Prisoner's Defence.

I know nothing about the affair; they put me into a black place forty-eight hours, and affrighted me, so that I did not know what I said.

Guilty of felony only .

[Transportation. See summary.]

154. (M.) Richard Lokin was indicted for stealing six yards of Brussels lace, value 20 s. two linen shirts, value 5 s. one linen waistcoat, one muslin handkerchief, one lawn apron, one cambrick apron, one lawn, handkerchief, one yard of lawn, one silver spoon, four muslin neckcloths, two damask napkins, one cotton bed gown, two linen aprons, and five shillings in money numbered, the goods of James Macdaniel , Nos, 9 ++

James Macdaniel . I am a publican , and live in St. Giles's ; the prisoner was a customer. I lost the things mentioned in the indictment. Mr. Woodward the constable sent for me, having the prisoner in custody. We took him before justice Fielding, where he confessed in my hearing, that he had given the piece of face and the lawn to a young woman and the two shirts, two aprons, and a handkerchief to a companion of his, who had pawn'd them for him. He mentioned their names, they were sent for and came; they are here, and will give a farther account.

David Spiret. I live at the corner of Crown Court. I took in a remnant of lace, fix yards of it, of Sarah Davis , on the 11th of October (produced in court, and deposed to by the prosecutor.)

Sarah Davis . The prisoner at the bar made me a present of this lace on my Lord mayor's day, he told me he had it of a smuggler, and gave me also a piece of lawn.

Thomas Woodward . I took the prisoner into custody on the 14th of last month. He confessed he sent Kenny to Mr. Bibby's to pawn some of these things, and he own'd that the neckcloth, which he had about his neck, was the property of the prosecutor, and that he stole the things mentioned from him.

Richard Munk . I live with Mr. Bibby, a pawnbroker. On the 14th of November Luke Kenny pawn'd with me two shirts, two aprons, and a handkerchief, for 7 s. (Producing them.)

Prosecutor. These things are my property, and what I lost at that time.

Prisoner's Defence.

The man that I had the lace of told me he belonged to a ship, I know nothing of the other things.

Guilty .

[Transportation. See summary.]

155. (M.) William Bateman was indicted for stealing one silver watch, value 3 l. the property of Thomas Peirce , in the shop of John Annew , Jan. 27 . ++

John Annew . I am a watchmaker, and live at Staines . I lost a silver watch, the property of Thomas Peirce , from out of my shop window, but I knew not who took it. Mr. Pettit of Windsor came and asked me what was the name of the watch I had lost, I said I believ'd it was Willis, London. I went to Windsor, where I found it to be the same. The prisoner was taken up, and he said he found it on Egham causeway.

John Pettit . I am a publican at Windsor. The prisoner at the bar came to me on a Sunday in the afternoon, and had a pint of beer; he call'd me to the back door, and said he had a prize, and pull'd out this watch (producing one, which was deposed to by the prosecutor.) He said he found it on Egham causeway. He wanting to borrow a crown upon it, I lent him 3 s. Both he and his brother were inlisted in my house the next morning. Then he came to me and desired I would send him a guinea on it, saying, he was to receive his advance money; and I might do as I pleased with it, so I gave him a guinea.

Simon Payne . I am a constable. The prisoner behaved very well while I had him in custody, and said he took the watch up upon Egham causeway.

Prisoner's Defence.

I was going to Windsor, and took up that watch upon Egham causeway. When I came to Mr. Pettit's, house, I call'd for a pint of beer, and shew'd it him, and asked him if he would lend me 5 s. upon it. I left word that if any body should come for such a watch to let them have it for the money that I had upon it.

Acquitted .

156. (M.) Edward Philips was indicted for stealing a brown gelding, value 10 l. the property of Peter Steward , Dec. 12 , ++

Joseph Rayner . I am a farmer and cornchandler, and live at Edmonton . I lost a brown gelding, the property of Mr. Steward, out of my field, on the 12th of December last, and found him, advertised about five or six days after, mark'd so and so, and 10 d at Baldock fair; and that he was at Turner's, at the Centurion in Shoreditch. I went there, and found it to be the same. We paid the charges, and had the horse again. The prisoner was in the Poultry Compter. I was directed to him, and asked him what time he took the horse away; he said he took him on the Monday morning at four o'clock.

Q. Did he say he stole him?

Rayner. No. I did not chuse to say much to him, because he was my neighbour, and bore a very good character.

Q. Who did he sell him to?

Rayner. I know nothing of the man that bought him. I have no other witness.

Acquitted .

He was detain'd for stealing another horse near Shrewsbury.

157. (L.) Mary Robinson , widow , was indicted for stealing one linen handkerchief, one cotton handkerchief, two linen aprons, one linen cap, and 11 s. in money number'd , the goods and money of Mary Beaumont , spinster , Oct. 24 .*

Mary Beaumont. In October last I lived at Mr. Alveringo's, in St. Mary Axe . On the 24th of that month the prisoner came and knock'd at the door, which I went and open'd. She asked me if I had any china to mend. I said no. Then she said it was a blessed moment, the first time I ever saw you, will you have your fortune told? I said, I did not want to have it told. She said she could tell me of things that would do me a great deal of good, and also to a person that had been dead a long time, to give that soul rest, and went on with a good deal of this discourse. I said I did not believe what she talk'd of. She said, it is as true as God is in Heaven, telling me of a pot, in which was 200 l. hid by that deceased person. She told me I must go down into the cellar, fetch up a bit of earth, and put it in a handkerchief, which I did. When I came up again she asked me if I had any silver in my pocket. I said, I had. She bid me pull it out, and hold it in my hand with the blessing of God. She said, she did not desire a farthing. I pull'd out a crown piece, and six shillings in silver. She said, I must put it into these things, then pull'd out a bit of earth and some black dust, put it into the handkerchief, and, as I thought, put it into my bosom; but I found afterwards, when I went to look, it was only some halfpence, and a medal piece. (Producing the medal.) She said also that the must have some of my cloaths, or else she could not recover the things, nor give the spirit rest; so I gave her a white apron, a silk handkerchief, a linen one, a cotton one, a colour'd apron, and a cap. She said she would come with them again in the evening. I never saw her afterwards, till last December, when she knock'd at my master's door again (I knew her as soon as I saw her) and ask'd me if I would buy any lace. I said, no; I did not want any. Then she ask'd me if I would have my fortune told. I said, no. She put her hand against the door, and came in; young woman, said she, and began her stuff as before. She said, have you got any halfpence in your pocket? I said, I believed I had got one halfpenny. Said she, will you trust me with it? I said, no. Have you any silver in your pocket said she? I said, I had, and pull'd out half a crown. Said she, hold it in your hand, you must fetch some dust, and I will tell you your fortune. I said, I would not fetch any. She said, then fetch some salt. Then I said, you have rob'd me before, and I will acquaint my master of it before you go out of the house. Then she made a great clamour. Our people came down, secured her, and had her committed.

Cross Examination.

Q. Did you deliver these things to her that you charge her with?

M. Beaumont. I did.

Q. Did you never propose to make this matter up with her?

M. Beaumont. No, I never did; but her friends have offered me money if I would.

[It appearing not to be a felony, she was acquitted , and the prosecutrix bound over to find a bill against her for a misdemeanor, for which she is to be tried at Guildhall.]

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

Received sentence of Death 1.

Edward Humphrys .

Transported for seven Years 27.

Jane Brooker , Richard Brooker , William Foxon , Frederick Holmes , Robert Arden , William Jones , Mary Gosting , Mary Hopnell, Ann Griffith, K - S - , Ann Bowen , William Holmes , William Handson , Martha Maddox , Ann Skinner , John Low , Baverly Boston, Jonathan Lowder , Elizabeth Duncan, Catherine Palmer , Eleanor Penticost , John Rhodes , Ann Matthews, otherwise Cole, William Copeland , Richard Lokin , Elizabeth Godfry, and Luke Kenny .

James Tape died before sentence given.

William Whight 's sentence respited.

Francis Cleves to be imprisoned in Newgate one week.

To be branded 1.

Joel Blackbourn .

To be whip'd 3.

Jane Watson , John Hunter , and Thomas Hunt ; the last of which, 300 yards from the Green-Man at Whetstone along the road.

Just published, Price bound 8 s.

(The Third Edition corrected)

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

The persons, Moods and Tenses, being comprized in such a Manner, that little more than the Knowledge of the Alphabet is required to the writing Hundreds of Sentences in less Time than spoken.

The whole is founded on so just a Plan, that it is wrote with greater Expedition than any yet invented, and likewise may be read with the greatest Ease.

Improved (after upwards of Thirty-seven Years Practice and Experience)

By T. GURNEY, Writer of these Proceedings.

N. B. The Book is a sufficient Instructor of itself; but if any Difficulty should arise, the Purchaser, by applying to the Author, may depend upon all proper Assistance, without any further Expence.

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

Note, We whose Names are hereunto subscribed having learned the above Method of Short-Hand by the Book only, declare, that we find it to be adapted in a most concise and intelligible Manner so as to be easily attained by a common Capacity, and that it can be wrote with the greatest swiftness, and read with equal ease at any distance of Time. Nevertheless, in regard to the Author, and for encouraging the Spread of so useful and pleasant an Art, if any Purchaser should find the least difficulty in his progress therein, we are ready to forward such a one, on application to either of us, &c.

Isaac Harman , on the Narrow Wall, Lambeth; William Chinnery , junior, at the Globe and Sun, Chancery Lane; Frederick Miller, at Mr. Price's Coal Warehouse, Swallow Street; John Payne , at Mr. Buckland's, Bookseller, Paternoster Row; Josiah Lewis, the Corner of Barnaby Street, Tooley Street, Southwark; and Joseph Dell , at the Colour Shop, facing Princes Street, Oxford Road.