Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 August 2014), May 1758 (17580510).

Old Bailey Proceedings, 10th May 1758.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the Country of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 10th, and Thursday the 11th, of May.

In the Thirty-first Year of his MAJESTY'S Reign. NUMBER V. for the YEAR 1758. Being the Fifth 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 Pater-noster Row, 1758.

(Price Four-pence.)

THE PROCEEDINGS ON THE

King's Commissions of the Peace, 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 City of London; Sir MICHAEL FOSTER , Knt one of the Justices of the Court of King's-Bench *; Sir SIDNEY STAFFORD SMYTHE, Knt. one of the Barons of the Exchequer +; Sir WILLIAM MORETON , Knt. Recorder ++; and others his Majesty's Justices of Oyer and Terminer for the said City and County.

N. B. The characters * + ++ directed to the Judge by whom the prisoner was tried; also (L.) and (M.) by what Jury.

London Jury.

Thomas Vickerman ,

Louis Benoimont ,

James Adams ,

John Woodin ,

John Eaton ,

John Glover ,

John Wornel ,

John Hartwell ,

Edward Bradley ,

John Carmichael ,

Isaac Chipperfield ,

Thomas Carter .

Middlesex Jury.

William Spinage ,

Edward Barlow ,

John Chilton ,

Edward Turner ,

John Mills ,

Benjamin Bailey ,

Benjamin Lester ,

Francis Phillips ,

Simon Pawson ,

Richard Airey ,

John Lugg ,

John Turner .

199. Mary, wife of Thomas Eddington , was indicted for stealing one pair of leather pumps, value 2 s. the goods of Joseph Wilmore , April 8 .

The prosecutor did not appear. Acquitted .

The prosecutor's recognizance ordered to be estreated.

200. (L.) Edward Shackleton , was indicted for stealing one silk handkerchief, value 8 d. the property of Frederick Teise , May 5 . ++

Frederick Teise . Last Friday Night, between the hours of nine and ten o'clock, I was coming from the Post-office, where I had been to carry a letter. In Cheapside , my coat being open, I felt something at my pocket, on my rightside. I turned about, and saw my handkerchief in the prisoner's hand, I took it from him, and took hold of him (produced in court and depnsed to).

Q. Where has it been since?

Teise. It has not been out of my custody since.

Prisoner. It was a little boy that took the handkerchief, and gave it to me.

Q. to prosecutor. Did you see a little boy near you at that time?

Prosecutor. No, I did not.

Q. Was any body nearer to you than the prisoner at that time?

Prosecutor. No, he was the nearest to me.

Prisoner's defence.

I hope the court will take it into consideration, I have very good friends to my character; I never was guilty of such a thing in my life. I have belonged to a privateer, and am discharged.

To his character.

William Mercer . I have known the prisoner from six or seven years of age, he came of very honest parents in St. George's parish, where I dwell; I never heard of any misbehaved thing of him in my life.

Q. What has he done for his livelihood since he left the privateer?

Mercer. I do not know that.

Prisoner. I belong to the Penny-post-office .

Thomas Essex . I have known the prisoner between twelve and thirteen years.

Q. What is his general character?

Essex. I never heard but that he was a very honest man till this.

Q. What has he done for a livelihood since he left the privateer?

Essex. I have heard he belonged to the Penny-post-office.

Edward Huller . I have known him about four years.

Q. What is his general character?

Huller. He has a very good character.

Thomas Hyne . I have known him about ten years.

Q. What is his general character?

Hyne. He had a very good character before this accident happened.

Richard Ball . I have known him six or seven years.

Q. What is his general character?

Ball. I never knew him to be guilty of any thing of this kind in my life before this, and I dare say, nobody else.

Q. What has he done for a livelihood lately?

Ball. He is in the Penny-post office, here is one of his securities here now, who is bound in a bond of fifty pounds for his honesty.

William Ivey . I have known him from his infancy.

Q. What is his character?

Ivey. It is a very good one. Guilty .

[Transportation. See summary.]

201. (L.) Joseph Shafield , otherwise Shirvel, otherwise Shovel , was indicted for stealing one silver tankard, without the cover, value 36 s. the property of William Wilson , April 14 . ++

Margaret Wilson . My husband's name is William Wilson ; I live at the Cock and Bottle, a public-house in Cannon-street ; the prisoner at the bar was in the tap-room, and had a pint and pennyworth of beer. Some company had left this tankard on the table; this I speak by hear say, I did not see it on the table. A man named Kelley had seized him, and kept his hand on the prisoner's, with the tankard in his hand, and I took it out.

Q. Where was this?

Wilson. This was in the house, he was just going out of the door.

Q. What did the prisoner say upon the tankard being taken from him?

Wilson. He said he had never done so before; and that it was his first crime.

Patrick Kelley . I was at the Cock and Bottle in Cannon-street, but cannot say the day of the month, it was the same time Mrs. Wilson means.

Q. to prosecutrix. What time was this?

Prosecutrix. I do not know the time, but it was in April.

Kelley. I saw the prisoner there, and he moved the tankard to where he sat, and put it on the seat behind him; he moved from one box to another; he asked what it was o'clock, being told, he said it was time for him to go. I wish you a good night, and was going away with this tankard. I said, my friend, leave the tankard behind you, and laid hold of his hand.

Q. How had he the tankard?

Kelley. He had it under his coat, and was got to the door; there are two doors. I laid hold of him in the first door way, that door stood open. Mrs. Wilson took the tankard out of his hand.

Q. What did he say?

Kelley. He said he was not going away with it.

Q. Where was this tankard taken from?

Kelley. From out of one of the boxes.

Prisoner's defence.

I went into this house, and had a pint of beer, and sat down and drank it in a box; there were three men, one of them said he thought he knew me; I said I think I know something of your face, did you never live at Hummerton; he said he did, he was a butcher there. When we had talked together a little, he asked me to drink. I drank out of the same tankard. Then I put my beer into the tankard, they went away, and left me a little beer in it. I called for a pennyworth more, and had it in the same tankard. When I was going away, I saw some ragged men set just by the fire place; I took the tankard in order to put it safe; when I was near the door, I thought I saw a man that I knew; I just took hold of the door to see whether I knew him or not. I had the tankard in my hand, this man came and took hold of my hand, and said what are you going to do with the tankard. I said nothing; the gentlewoman came and took it. I had no thoughts of stealing it.

For the prisoner.

William Gander . I have known the prisoner about three years.

Q. What is his general character?

Gander. I never heard any thing amiss of him, he is a hard working pains-taking man.

Q. What is his business?

Gander. He is a plasterer.

Henry Crawford . I have known him eleven years.

Q. What is his character?

Crawford. That of an honest pains-taking man, who worked day and night to maintain his family.

James Haines . I have known him two years.

Q. What is his general character?

Haines. A very honest man.

John Blane . I have known him three years and a half.

Q. What is his general character?

Blane. I never heard any harm of him in my life.

Acquitted .

202. (L.) Mary Bricklebank , otherwise Quin , spinster , was indicted for stealing one dozen of silk handkerchiefs, value 39 s. the goods of Simon Havenham , privately in the shop of the said Simon , April 18 . +

James Risby . I am servant to Mr. Havenham, a linnen-draper in Cheapside ; on the 18th of April, the prisoner and another woman came into our shop together, and asked to see a silk handkerchief. I shew'd her some: after we had agreed for one, she made a frivolous excuse to go out, and asked for a bit of foul paper. I missing a parcel of handkerchiefs, went out after her, and took her with the handkerchiefs mentioned in the indictment upon her, (produced in court, and deposed to as his master's property) here are our private mark upon them. She left a half guinea on the counter to be changed, and the other woman was to have taken the change, but upon my going out after the prisoner, that other woman made off.

Cross examination.

Q. Had she cheapened a handkerchief?

Risby. She had.

Q. Did she also leave a bundle on the counter?

Risby. There was a bundle left.

Q. Did you look into that bundle?

Risby. No, I did not, the constable did, but he has business else-where, and is not here. There was some dirty shirts in it.

Q. Was there not a child with her?

Risby. She had one in her arms.

Q. Might not that piece of handkerchiefs be taken up by mistake with the child?

Risby. No, because she begged I would not hang her, and said it was the first time that ever she was guilty of such a thing.

Q. What is the value of the shirts she left?

Risby. I know not the value of them, they were old and of little value.

John Eltoft . James Risby brought the prisoner into my master's shop; his name is Johnson, who lives just by him. He desired I would take notice of what was in her apron; I saw him take out of it a dozen of silk handkerchiefs. He desired me to fetch a constable; I did, she fell on her knees, and desir'd he would not prosecute her for the sake of her children; after that she was taken before my Lord-Mayor.

Prisoner's defence.

I went into that shop to buy a silk handkerchief; I bargained for one for 3 s. 6 d. I had my child in my arms; I laid it on the counter to give it the breast; laid down half a guinea; I found my child had fouled itself; I swept its things up together, and went out to clean it; he came and taped me on my shoulder, and said I had got something of his; I said if I had, it was more than I knew, if I had had a Mind to have defrauded him, I should not have left the half guinea; I intended as soon as I had cleaned my child to return again for my change; my shirts that I had left there, were worth about 30 s. at 3 s. 6 d. each. I am downright innocent before God and the world; I had no woman with me in the shop.

Q. to Risby. How many shirts where there in her bundle?

Risby. I do not know, the woman that came in with the prisoner, was to have taken the change of the half guinea, and was to take care of the shirts, but upon my going out after the prisoner, she went off immediately.

Q. Who brought in the bundle?

Risby. The other woman did, and laid it down on the counter, and they talked together, but what they said I do not recollect. That woman also put her hand upon the half guinea and said to me give me the change because I am in a hurry.

For the prisoner.

Rachael Martin . The prisoner deals at our shop, she lives in the neighbourhood.

Q. What is her business?

Rachael Martin . She buys and sells things in Rag-fair.

Q. How long have you known her.

Rachael Martin . I have known her about nine months.

Q. What is her general character?

Rachael Martin . I never heard a bad one of her.

Q. Is she a housekeeper or a lodger?

Rachael Martin . She is a lodger.

Eleanor Murdick . I have known the prisoner about nine months, she lives in Wilson's-court, White's-yard, in Rosemary-lane, and gets her livelihood by buying and selling linen in Rag-fair.

Q. What is her general character?

E. Murdick. I never knew any harm of her in my life.

For the prosecution.

Sarah Bricklebank . I have known the prisoner about a year, she has kept my husband company four years.

Court. You must not mention any particular instance. What is her general character?

S. Bricklebank. I never heard a good one of her, she gets her bread by shop-lifting and bringing up her children to the same.

Prisoner. This is spite, this evidence keeps company with my husband.

S. Bricklebank. Here is my certificate of my marriage.

Guilty 4 s. 10 d .

[Transportation. See summary.]

203. (L.) Susannah, wife of - Harrold was indicted for stealing three pewter pint pots value 20 d. and one pint pewter pot value 3 d. the property of John Motelowe , April 25 . *

John Motelowe. The prisoner was detected in my house, but I was in my bed at the time, my wife can give a better account of it than I can.

Eliz. Motelowe. on the 25th of April the prisoner came to my house and a boy with her, she called for a pint of beer, there was a half pint pot stood in the corner; a man in the house told me the boy had given that pot to the prisoner. I went to the woman and went to pull her, she dropt the half pint pot from under her arm. I claped my hand to her pocket and felt something, and in her pocket I found a pint pot of mine, her boy ran away immediately. In searching her room, two other of my pots were found under her bed. (Produced in court and deposed to.)

Edmund Andrews . I was at the prosecutor's house and saw the prisoner's boy take the half pint pot and give it to her.

Q. Who is that boy?

E. Andrews. He is her son. I went and told the landlady of it, she came to her, and I saw it fall from her.

John Motelowe . I was at the se arching the prisoner's room; at going in, I found three pint pots belonging to Mr. Young at the green dragon Bishopsgate-street, in an old broken stean, and under the bed I found one of mine. We took a box to the watch-house, it was locked, we opened it there, and found one pint pot more of mine, and two of Mr. White's. (The three pots produced in court and deposed to.)

Sarah Harrington . I went in for half a pint of beer at the prosecutor's house, I had had half a pint of beer, soon after the pot was missing, the landlady went and laid hold of the prisoner and she dropt the half pint pot. Then she found another in her pocket, and I took it out, I was with them in searching the room, and saw the pots mentioned by the prosecutor found.

Prisoner's defence.

I went into this house and called for a pint of beer, and gave my child some warm beer, he is very ill. I held the pint pot in my hand, she said I had got it in my pocket. She took the pot out of my hand.

Prosecutor. This is the boy that handed her the pot which Mr. Andrews speaks of.

Q. How old are you.

Thomas Harrold . I am fourteen years of age.

Court. Consider and speak the truth, and no thing but the truth.

Harold. I went in with my mother to have a little beer, I gave my mother the pot after I had drank, after that I did not run away, I went to get me a halfpenny roll.

Andrews. There was no beer in the pot when this boy took it up and gave it to his mother.

Prosecutor. It has cost me within these five years almost fourscoure pounds for pots.

Guilty 10 d .

Recommended.

[Whipping. See summary.]

204. (M.) Andrew Worster otherwise Worcester was indicted for stealing one guinea the property of William More , April 30 .

William More. On the 30th of April last I lost a guinea and a shilling out of my box, upon inquiry I found the prisoner had changed a guinea in Hedge-lane. I went to the woman named Nugent, she said it was a little man that brought it and she should know him again. I took up the prisoner having a suspicion of him, and he confessed that he took the guinea out of my box.

Eleanor Nugent . Two men came into my house and had some beer, they asked me to change a guinea, I changed it, the day following the prosecutor and another man came and asked me if I had changed a guinea the day before, I said I had, and shewed them seven guineas all I had, they took one and said that was it, and gave me another for it. I can't say the prisoner was one of them.

Thomas Woodward . I am constable, I heard the prisoner confess the taking the guinea after I had him in custody.

Prisoner's defence.

I was awaked out of my sleep and charged with this robbery, and know not what answer I made.

Woodward. I did awake him out of his sleep, he sat up in his bed and gave an account of taking five guineas at four times, he made no scruple in telling it.

For the prisoner.

William Burch . The prisoner came to me one day in March, it was of a Tuesday about the beginning of the month and borrowed two guineas of me saying he was going to Bath with a gentleman; he always paid me; I have lent him money several times before, I have known him from an infant, I never knew any ill of him, he was always very honest.

Q. Is he related to you?

Burch. No, not at all.

William Padmore . I have known him ever since he was a child, I never heard he was guilty of any such thing in all my life.

Thomas Hubbard . I have known him from a child; I never heard any ill of him in my life.

Thomas Pierce . I have known the prisoner from his cradle.

Q. What is his general character?

Pierce. I never heard but what he always behaved well.

Charles Dobson . I have known him from a little boy, I never heard any ill of him.

Guilty .

[Transportation. See summary.]

205. (M.) Elizabeth, wife of Benjamin, Ellice was indicted for stealing twelve linen aprons, value 12 s. the property of James Henderson , April 22 . *

Mrs. Henderson. I am wife to James Henderson ; on the 21st of April I had a parcel of goods to dispose of, these aprons were lying upon the parcel, and the next day the aprons were missing. After that I was informed that the prisoner flashed away with new cloaths; I described some of the aprons I lost, my friend's name is Robertson that informed me of this, and came and shewed me an apron which I said was mine; I went with her; I met the prisoner in the street, she had an apron on much like one of mine, but I would not swear to it, there being a darn in it, and I do not know that mine had a darn in it, Mrs. Robertson had an apron which I knew to be mine; (producing one) this is it.

Hannah Robertson . I carried this apron to Mrs. Henderson, she came and told me she had lost some aprons, and desired me to observe the prisoner's aprons, and Catharine Brian borrowed this of the prisoner, and I carried it to Mrs. Henderson, and she desired me to keep it.

Catharine Brian . I borrowed this apron of the prisoner at the bar. I saw her with it on a week before I borrowed it?

Q. When did you borrow it?

Brian. I borrowed it the last of April.

Q. how long had you it in your custody?

Brian. I had wore it one day. I live with Mrs. Robertson, I left it in her Room where it was found.

Q. Where did you borrow it of her?

Brian. Her nurse gave me the apron by her cellar window with the prisoner's leave.

Q. How do you know that?

Brian. Because I heard the nurse ask her for it for me as I stood under the cellar window.

Q. Did you see the prisoner then ?

Brian. I did, she sat in her own room, I saw the nurse go to her and ask her for it, she bid her take it out of the basket where it lay, it was rough dried.

Prisoner. I heard my nurse say, if there is ever a one you shall have it.

Mary Reason . I heard this last witness ask the prisoner to lend her an apron. She went and brought it home and ironed it and put it on. I can swear I saw the prisoner with it on two or three times.

Q. By what particular mark do you know it?

Reason. Nothing but by the coarseness of it.

Q. Do you know the prisoner did lend that witness an apron?

Reason. I know she brought it home, and I saw her tuck it up, it being too long.

Prisoner's defence.

I never had such an apron in my life.

For the prisoner.

Hannah Long . I have know the prisoner this eight or nine years, her husband and mine work together.

Q. What is her general character?

Long. I never heard any other than a very honest woman.

Jane Hunt . I have known her a great many years. I never knew any ill of her, she bears a good character amongst her neighbours.

Acquitted .

206. (M.) John Cambridge was indicted for stealing four iron plates for hoops, value 1 s. 6 d. the property of John Cann , April 22 . ++

John Cann . On the 22d of April last, Henry Beesley came and told me he had stoped the prisoner with some iron hoops.

Q. What are you?

Cann. I am a cooper , I went with him to the white bear in Kingsland-road and saw the hoops; after that the prisoner was brought in, I charged him with taking them, he confessed he had taken them; there were four of them.

Q. How did he say he took them?

Cann. He said he got over the wall and took them out of the yard.

Cross examination.

Q. Do you know the boy's age?

Cann. No.

Q. Did you make him any threats or promises?

Cann. I said if he would confess it might be better for him.

Henry Beesley . I was drinking a pint of beer, and was informed a boy had taken something out of the prosecutor's yard; I ran and saw the hoops on the ground, and saw a woman take them up. I was present when the prisoner confessed he stole them.

Cross examination.

Q. Have you not heard this boy is sometimes out of his mind?

Beesley. I have heard when he is in liquor he is subject to do such things.

Q. Did you ever see the prisoner in liquor?

Beesley. I can't say I have.

Thomas Lane. I am constable; the boy was brought to the watch-house to me, and charged with stealing some hoops.

Q. Did he appear to be in liquor?

Beesley. He did not, he confessed he had stole them.

Cross examination.

Q. What was said to him in order to his confession?

Beesley. Cann said it would be better for him if he told the truth.

Sarah Farrow . I saw the prisoner take the hoops over the wall belonging to the prosecutor, and I saw him with them in the tenter ground. He dropt them, and I brought them home to the White Bear in Kingsland road: after that Mr. Cann brought the prisoner to my house.

The prisoner had nothing to say in his defence.

Robert Cambridge . The prisoner is my son.

Q. What is his age?

Cambridge. He is thirteen years of age.

Francis Carter . I keep a timber yard in Kingsland road, I have seen the boy drop down as it were dead, he is very subject to fits.

Q. Did you ever see him in liquor.

Carter. No, never to my knowledge.

Samuel May . I have known the boy about two or three years; he is subject to fits, and frequently is deprived of his senses. I have seen him fall down like a stone.

Mrs. Tompson. I have known the prisoner two or three years; I saw him fall off a horse in a fit; I brought him some water in a pot, he bit the mug in twenty pieces, I believe.

Q. What is his general character?

Thompson. I never heard he wronged any body of any thing in my life.

Guilty 10 d.

[Whipping. See summary.]

207. (M.) George Albeat was indicted for stealing three cornelian seals, set in silver, value 5 s. one tortoiseshell snuff-box, with a silver rim, value 6 s. seven glass eggs, value 2 s. 6 d. two stone shirt buckles, value 2 s. 6 d. and one gold ring, value 1 s. the goods of John Barrett , April 4 . ++

John Barrett . I know nothing at all of the prisoner, only seeing him pass and repass my shop. I am a jeweler by trade, and keep a little place in Bedford court . I have a glass case there in which I put things for shew, but do not live there; and my wife and daughter about 13 years of age have the care of it in the day-time. On the 4th of April, I missed the several things mentioned in the indictment, my daughter having the care of the shop that day.

Q. Where is your daughter?

Barrett. I thought she was too young to be examined, so I did not bring her here.

Q. Did you ever find them or any of them again?

Barrett. By enquiring I found several of them in other people's possession; or at least I have great reason to believe them to be mine.

Reves Edwards. I have known the prisoner about a year, I saw him with most of these things in his possession.

Q. Name what you saw.

Edwards. I saw a tortoiseshell snuff-box, a shirt-buckle, and a gold ring.

Q. How came you to see them?

Edwards. The prisoner shewed them to me.

Q. What did he say when he shewed them to you?

Edwards. He asked me to go to a society or club; and there he pulled out these things from his pocket.

Q. Did he tell you how he came by them?

Edwards. No, he did not.

Q. Did you ask him where he got them?

Edwards. No, I did not.

Q. When was this?

Edwards. This was the same day the prosecutor mentions, or the day after.

Daniel Wood . I am a pawnbroker; I took in a breast silver shirt-buckle, set in stone, of the prisoner at the bar. (Producing it.)

Q. to prosecutor. Look at this buckle, do you know it?

Prosecutor. I work myself in another branch, and did not make these myself, so cannot be positive; it is very much like mine.

Edward Gaul . I am servant to the keeper of New-Prison; when the prisoner was brought in, I searched him, and found in his pocket this buckle. (Producing a silver one set with stone.)

Q. to prosecutor. Do you know this buckle?

Prosecutor. Mine was of this pattern, but I do not chuse to swear positively to it: I did not make it myself.

Patrick Rook . I bought this snuff-box of the prisoner at the bar. (Producing a tortoiseshell box set in silver.

Q. What are you?

Rook. I keep a shop at the corner of Hatton-Garden, Holbourn.

Q. Are you sure he is the man that sold it you?

Rook. I think he is the man; he is like him; but I will not be positive.

Q. What did you give for it?

Rook. I gave six-shillings for it.

Q. to prosecutor. Look at this box. (He takes it in his hand.)

Prosecutor. This is very much like mine that I lost; I believe it is the same.

William Crisp . I bought a seal of the prisoner the 18th of last April, and sold it again before I put it out of my hand for three pence profit to a gentleman's servant; his name I do not know.

Prisoner's defence.

I know nothing of the things; I found the box in Mays-buildings; I always bore a very honest character. I once was valet to colonel Mordaunt.

For the prisoner.

Margaret Wilson . I have seen the prisoner wait at table at my lord Oliphant's.

Q. What is his general character?

Wilson. I cannot say that; I only know he lived servant there.

Acquitted .

208. (M.) John Latter was indicted for stealing one silver watch, and a cornelian seal, value forty one shillings, and one metal seal, value one penny, the property of William Wallis , privately and secretly from his person , March 30 . *

Upon the jury being about to be sworn, he challenged the whole twelve; and the twelve following were sworn.

John Bradfield ,

John Catts ,

John Davis ,

John Numburg ,

Samuel Harvey ,

Thomas Jeffreys ,

John Addy ,

George Hipsey ,

Thomas Tolley ,

Montague Lawrance ,

Robert Wilton ,

Thomas Fell .

[At the prisoner's request, the evidence were examined separate.]

William Wallis . I was coming from the Galleon House, properly called the Devil's House , on the Thursday in Easter-week.

Q. Where is that house you speak of?

Wallis. It is by the Galleons, almost opposite Woolwich : I had met with a man that belongs to the sign of the plough, and bought a lamb of him; I was pretty much in liquor before, and drinking there, I was pretty much intoxicated in liquor, and fell into a ditch, and was almost suffocated, and could not get out. I said, for God's sake, so many people standing by, and nobody help me! I had struggled and swallowed a great deal of filth and stuff; I was helped out then; I clapt my hand to my pocket, and found my watch was there; I had drank myself insensible; but being in the water brought me to my senses; I heard a voice which I knew to be the prisoner's; I called out John Latter ; he answered me; I said do pray see me home some how, or other; I can tell no further of that, whether he was the man that robbed me or not.

Q. When did you miss your watch?

Wallis. I missed it some little time after that, as he was leading me home; then I said where is my watch? I will not go home without my watch. Some time after I went to ask the prisoner, in a private way, at an alehouse, if he knew any thing of it, saying I was robbed of it at such a time; and if he would help me to it, I would give him a guinea for his trouble; if the prisoner at the bar denies it, then I am wrong; there he stands.

Q. How long was this after you lost it?

Wallis. This was two or three-days after; I being a poor man did not give myself the trouble to make a strict enquiry after it.

Q. What did he say to you?

Wallis. He asked me if I knew the name and number of it; he is there to answer to the thing; I said I believe she had no number; and as to the name, I believed I had that at home, but could not be positive; he desired me to go and find it, and leave word with his wife; I went and looked, but could not find it. I went and told his wife, I could neither find name nor number.

Q. Was the prisoner and you alone together?

Wallis. There was nobody in company with me but a young single lamb.

Q. Did the prisoner see you home?

Wallis. No, he did not.

Q. Where did he part with you?

Wallis. I cannot tell.

Q. Can you say you lost your watch, while he was in your company?

Wallis. No, I cannot.

Cross examination.

Q. Are you certain after the man had helped you out of the ditch that you had your watch?

Wallis. After I came out of the ditch I felt in my fob, and found my watch was there.

Q. You say you had drank yourself insensible, how came you to have your understanding so soon?

Wallis. It brought me almost to my senses.

Q. What time of the day was this?

Wallis. It was between the hours of seven and eight in the evening.

Stephen Boswell . I was drinking with the prisoner and Mr. Breebrook, when the prosecutor fell into the ditch.

Q. Where?

Boswell. We were at the Three Goats Heads in White Chapel; upon seeing a croud of people, we went to see what was the matter; when we came there, we found the prosecutor was just pulled out of the ditch; he was on the edge of the bank; we set him on his legs, and he fell down again; he was so black with the mud and filth of the ditch, that nobody knew him; I knew him by his tongue, and he knew Latter's tongue. He said who is there? Jack Latter ! Latter said, yes; then Latter said he is a man that I have done a great deal of business for, I will lead him home.

Q. Were there any other people there besides you?

Boswell. There were several others. As he was leading him along Montague-street, he was very desirous of my taking him by the other hand; a tall man had hold of it then; I then took hold of that hand, and Latter and I led him along. Going along, Latter shoved him up against the pales, stood before him, and catched hold of his watch-string; then I let go my hold, and wiped my hand on a post to clean it; then Latter let go and wiped his hand with his handkerchief, I thought he was going to give me his handkerchief. Holding his hand out, he put two seals and a watch-key into my hand; I throwed them into the kennel directly.

Q. What did you do that for?

Boswell. Because I did not like to be concerned in any such thing.

Q. Where was this?

Boswell. This was in Montague-street, then I went away.

Q. What became of the seals and key afterwards?

Boswell. I never went to look for them afterwards.

Q. What sort of seals were they?

Boswell. I know there was a white one, and a yellow one. Presently the prisoner came to me (as I was going away) with a watch in his hand. Breebrook said, Jack has certainly robbed that man. Latter held the watch behind to give it to me unknown to Breebrook.

Q. What a watch was it?

Boswell. It was a silver watch.

Cross examination.

Q. Are any of the people here that were leading him along, or attending him.

Boswell. Yes: there are three or four of them I believe.

Q. What was your reason for slinging the seals and key away?

Boswell. I was afraid.

Q. Did you do any thing at that time towards stopping the prisoner?

Boswell. No, I did not.

Q. Did you see the watch then?

Boswell. No, at that time I did not.

Q. Did you see the string?

Boswell. The seals and key were on an old black ribbon; the ribbon broke, I suppose, in pulling the watch out.

Q. Had the prisoner and you any acquaintance together before that?

Boswell. I have been with him often to do business.

Q. What is he?

Boswell. He is an officer.

Q. Did you never cause him to be taken up on any warrant?

Boswell. No.

Q. Did you ever declare to any person, that if he would pay your expences which you had been at, you would not appear against him?

Boswell. No.

Q. Do you know Mr. Haywood?

Boswell. No, I do not.

Q. Had you no conversation with him about Monday last?

Boswell. I know no such man; it may be I may know him if I see him: I had some conversation with a man on Monday and Sunday too; they offered me something if I would go into the country, and keep out of the way.

Q. Who offered that?

Boswell. Mr. Ambler did; he desired me to meet him at Clay-Hall by Bow.

Q. What did he offer you?

Boswell. He offered to pay me all the expences that I had been at; and desired to know what I would say, and whether I would say any more than I did before justice Fielding; and said if I said no more, they would give me two or three guineas to go into the country.

Q. Was any body in the hearing of this?

Boswell. One Wilson was there; but they took me aside when they talked with me about this; he desired me to meet him on the next day, which was the Monday, they put me into the gatehouse.

Q. What for?

Boswell. For a quarrel, which was about this time twelve months, which happened at skittles; they gave that man that I quarrelled with a crown to put me in the gatehouse.

Q. Had you any conversation on the Monday evening with any body else?

Boswell. No, I had with none but Mr. Ambler.

Q. from prisoner. The watch was lost on the 30th of March; whether or no I and you and others were not in company together at the Bull in Spittlefields market since that?

Boswell. Yes, we were.

Q. When was the prisoner taken up?

Boswell. He was taken up last Sunday was se'nnight.

Q. How came you to conceal it so long?

Boswell. Because I was afraid of being put in gaol; so I shall now when I go from here, I don't doubt.

Q. What reason have you to fear that?

Boswell. Because if any body disobliges him, he will go to his usurer and get their notes, and then put them in gaol.

Q. from prisoner. Whether you was not in company with the prosecutor and me on the 7th of April.

Boswell. I cannot tell the day of the month.

Q. How often have you been in company with the prisoner since the watch was lost?

Boswell. Six or seven times, or more; I can't pretend to say how many times.

Q. How came you to take courage to discover this matter?

Boswell. I did it because I would not swear a man into gaol for them.

William Fitz . Last Monday was a month, the prisoner came to my house in Spittlefields market, and wanted me to bail him for a fraud; it was for defrauding a man of six guineas. He called me out between my two rooms, and told me he had a watch which he would sell me very cheap, if I would buy it; I said how came you by it, he said I mell'd one in the market of it. I said pray who was that, he said Will Wallis.

Q. What did you understand by this word Mell?

Fitz. The word Melling I did not understand, but when he said Will Wallis, I thought he must steal it, or get it clandestinely.

Q. If he spoke to you in a language you did not understand, how came you to say who?

Fitz. I did say who, but did not understand the word mell'd?

Q. Did he produce the watch to you?

Fitz. No, he did not; I said I was surprized he was not afraid of being hanged or transported for such a thing; he told me as long as Mr. Wilson and Ambler lived, he could be bailed for murder; that he had so many boys and girls at home that could buss the book for him.

Q. What are you?

Fitz. I am a Salesman in Spittlefields-market.

Q. Are you in that employ now?

Fitz. No, I am not now.

Q. How long have you left it?

Fitz. About four or five months.

Q. What business have you followed since that?

Fitz. None at all; I live upon what I have; my spouse died and left me some hundreds.

Q. What did she make a will?

Fitz. No, she made no will at all; she and I got it together; I have lived on that spot thirty years.

Q. Was you an acquaintance of Latter's before?

Fitz. I have known him five or six years; and have employed him to serve several writs for me.

Q. How came he to think you a proper person to apply to about a watch.

Fitz. I cannot tell that.

Q. When he offered to sell it you very cheap, what did you say to him?

Fitz. I said I would have no concern with it, if he would sell it for a halfpenny.

Q. Did you endeavour to stop him when you suspected he stole it?

Fitz. No; if I had he would have knocked my brains out.

Q. Did you apply to a constable about him?

Fitz. No; I thought he wanted to draw me in to be bail, so I dropped them all; and the woman that lives with me and I locked the door by agreement and went into the country.

Q. When was you applied to, to be a witness in this affair?

Fitz. It was about ten or twelve days ago.

John Fielding . The night that Mr. Wallis fell in the ditch, after he was pulled out, the prisoner said to him I will see you home. He went to some people on the other side of the way; and said he is a staunch man and keeps the market. He and another took him up a great garden to Montague-street, and set him down on a bench, at the Cock and Key in that street. I was then about forty or fifty yards before them, he did not sit long, then they helped him along near a hundred yards; Mr. Wallis missed his watch and asked for it, Latter said d - n your watch, never mind that, I will take care of that: he dragged him twenty or thirty yards further. Wallis said he would not go any further without his watch, then he let him fall, and left him, and went on, and called to Boswell.

Q. Who was by him besides the prisoner at that time?

Fielding. I was the nearest to him except the prisoner: I was about ten yards off them; there was no body helping him then but the prisoner. Boswell had helped him before that.

Q. Where was Boswell when he missed his watch?

Fielding. Boswell was a-head of them.

Q. What time was this?

Fielding. This was about the dusk of the evening.

Q. Was Boswell by when he was sitting on the bench?

Fielding. I do not know that, because I was thirty or forty yards a-head, he was with him before I went on to go before them.

Q. Whereabouts were they when the prosecutor said he missed his watch?

Fielding. They were about twenty or thirty yards from the corner of Brick-Lane; as they were going along, I saw the prisoner's left hand in Wallis's right hand breeches pocket; he was hugging of him to get him along, and the pocket was turned inside out when he was left alone.

Q. What time was this you saw that.

Fielding. It was just at the time Wallis said he missed his watch; I went then to help to take the man home, when he left him.

Cross examination.

Q. When Wallis was on the bench under the Cock and Key, was any body else by him besides the prisoner?

Fielding. I was then twenty or thirty yards before them.

Q. Did you at the time you saw the prisoner's hand in Wallis's pocket offer to take him up.

Fielding. No; because I had heard what a sort of a man he was, and dare not, but my will was good.

John Eaben . I saw Mr. Wallis fall into the ditch, with a young lamb on his shoulder; I ran and got in and took the lamb out, and carried it into the Dolphin alehouse; there was Boswell and the prisoner pretending to be his friends; they brought him into that alehouse; I was by the fire-side taking care of the lamb; one of them went to take Wallis's buckles out of his shoes; the other said let them alone; they were silver; they took him into Mountague-street, Latter got his hand round him hugging him up against a house, and set him down by the side of a door. I believe Boswell was about a hundred yards before him when he sat down; after that, the prisoner took Wallis about a hundred yards farther, till they came to the King of Prussia's Head; then Wallis asked for his watch; the prisoner said, d - n your watch, never mind your watch; then he took him about fifty yards farther, till they came betwixt Brick-Lane, and Dirty-Lane end; then Mr. Wallis said he would not go any further till he had his watch; then the prisoner left him, and called out Boswell, Boswell.

Q. How far did Boswell assist in taking him along?

Eaben. He might help take him about a hundred yards from the Dolphin, which is about half way to the Cock and Key, when they brought him in the house, Boswell had hold of one arm, and the prisoner the other.

Q. Did you observe Wallis jostled up to some pales?

Eaben. No, I did not, till I came to the Cock and Key, there the prisoner set him down on a bench.

Q. How near was you to him?

Eaben. I was just behind with the lamb in my apron; they said they were his friends, and would see him home, and I followed them close behind with the lamb; and when the prisoner left him in the cart way, I got this Mr. Fielding to assist in getting him home.

Cross examination.

Q. When Mr. Wallis fell in the ditch where was you?

Eaben. I then had just left work, at the next house to the Dolphin alehouse.

Q. Was you near him all the way they led him?

Eaben. I was just behind them with the lamb in my apron all the way.

Q. Did any body sit down with him on the bench at the Cock and Key ?

Eaben. No, nobody.

Q. Did the prisoner sit down with him.

Eaben. No, he did not.

Q. If he had taken the watch there, must not you have seen it?

Eaben. I might; but I did not think of any such thing then.

Prisoner's defence.

I have two or three questions to ask that witness, and then shall call some witness that are here.

For the prisoner.

Martha Barnes . The prisoner did not sit down, nor make an attempt to sit down on that bench under the Cock and Key. I was by and knew the prisoner; seeing him lead the prosecutor along, I thought he was arrested by the prisoner.

Elizabeth Philips . On the 30th of March, I met the prisoner and prosecutor just before they came to the bench the other witness speak of; I saw them both pass by it, they did not stop at it at all.

Robert Haywood . On Monday last in the evening I was at our office in Chancery-Lane, I was desired by Mr. Ambler, to go and drink a pot of beer at the five bells to hear what past, being informed Boswell was discharged out of the gatehouse, and at that house. I heard Mr. Ambler say to him, suppose you was to be satisfied for the expences you have been put to since you was in the gatehouse, would you appear against Latter or not? he answered it is all owing to one Briant, or nothing of this had happened, but honour, if I was paid; I would say nothing about it. Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

209. (M.) Anne Hurst , spinster , was indicted for stealing one silver spoon, value 6 s. the property of Herbert Hyde , January 1, 1757 . +

Elizabeth Hyde . My husband's name is Herbert Hyde , the prisoner used to come begging to my door about two years ago. I once about that time let her come into my house, after which I missed a silver spoon. My servant found her in the street, and brought her to my house, we charged her with taking the silver spoon; she confessed she did take it away.

Prisoner's defence.

I hope the court will forgive me: I will never do so again.

Guilty .

[Transportation. See summary.]

211 (L.) Thomas Turner was indicted for stealing one silk handkerchief, value 18 d. the property of Thomas Chidley , privately and secretly from his person , May 9 . ++

Thomas Chidley . On the ninth of May, between eight and nine clock in the evening.

Q. Where do you live?

Chidley. In the Fleet-market . Going out to bar up my windows, as I stood to make water, came the prisoner and another man, I found my handkerchief was gone. I walk'd up before them; there was a soldier; I told him I had had my pocket pick'd, by two men coming along. I took hold of the prisoner's collar: I took him into a tin-shop, in Fleet-street; there he pull'd my handkerchief out of his pocket, and ask'd if it was mine. I said it was; he said, he had just pick'd it up. I took him to the Plough ale-house; there he said, before the constable, he'd down on his knees and ask my pardon if that would do.

Q. Did you feel it go?

Chidley. No, They only bresh'd my cloaths, and I felt and miss'd it directly.

Q. What became of the other man?

Chidley. He ran away.

Mr. Waters. I had charge of the prisoner; the prosecutor gave me the handkerchief there (producing it).

Prosecutor. This is my handkerchief which I lost at that time.

Waters. The prisoner said he did not take it; but said he would go down on his knees, and ask the prosecutor's pardon if that would do.

Prisoner's defence.

I was going up the alley when he was making water, and saw the handkerchief lying against the wall. I pick'd it up; he came and ask'd me if I had his handkerchief. I produc'd it and said, I pick'd it up. I had no body along with me.

Guilty 10 d .

[Transportation. See summary.]

212. (L.) John Frost was indicted for that he did designedly and knowingly obtain from William Preist and William Shaw , goldsmiths and partners ; one silver tea-kettle, value 50 l. with intent to defraud them of the same , Dec. 20 . ++

William Preist . I am a goldsmith. About the 14th or 15th of December last, the prisoner came to my house, and ask'd me to lend him a silver tea-kettle and stand to shew to a customer. I told him I had never one that I could spare. He said he had seen one at my house the other day, and he should be glad if I could lend him that I said I had promis'd it to a gentleman; he said if I would do him the favour in lending it him, I might depend upon having it in a few hours. I said why do you come to me, having a great many at your own home? his answer was, mine was of a different shape from his, and it would be a variety. I let him have the kettle and stand, and he took them away with a promise to return them in two hours; but before he went out, I told him I could not part with them, and did not weigh them to him; and said he must not let them go upon any account. I went to his house the following day, he was not at home; when I saw him, which was two or three days after, I ask'd him how he could serve me so, in keeping the kettle so long; and ask'd him for them. He said I am sorry I should disappoint you in this manner; but if you will stay till the afternoon, I'll go to the gentleman and bring it to your house, he not bringing it, the next day I went to him again, and then he said the gentleman was out of town, and his butler had inform'd him that he would not be in town till the Thursday following. Not bringing it on that Thursday, I went to him again; then he said he would go to the gentleman that afternoon, and inste ad of coming to me, he sent me a line that the gentleman would not be in town that day.

Q. How soon after this did you hear of your kettle?

Preist. I did not hear of it till after the prisoner became a bankrupt. He came a few days after to me, and said he had seen a silver table, and desir'd the favour of me to let him have that to shew to a gentleman, (that was about twenty-three pounds value) he said he'd return it in two or three hours. I let him have the table, but told him I had dispos'd of it to a gentleman. Instead of returning with that, he carry'd and pledg'd it to Mr. Rochfort, in Covent-garden, where I found it.

Q. Where did you find the tea-kettle and stand?

Preist. At Mr. Price's on Snow-hill. The prisoner told me he had pawn'd them there, and Mr. Price says he has a tea-kettle and stand, which he took in of the prisoner, which are the same weight of mine, but he will not deliver them.

A search warrant and officer is sent to fetch them.

Cross examination.

Q. How long have you known the prisoner?

Preist. I have known him about a year.

Q. What is he ?

Preist. He is a goldsmith.

Q. How came you first acquainted with him?

Preist. Through Mr. Gladwin, a goldsmith, his father-in-law; he brought him to my house.

Q. For what purpose was it that he introduc'd him?

Preist. I apprehend it was to carry on the scheme he has been guilty of.

Q. Did the prisoner keep a public shop?

Preist. He did in Cornhill, and he ow'd me a great deal of money at the time he came for the kettle.

Q. Is it not usual, in the way of trade, to borrow goods of one another to shew or sell?

Preist. Yes.

Q. Did you let him have it as in the common course of dealing, as one silversmith lending to another?

Preist. No, I did not lend it him to take to pawn.

Q. If he could have sold it had you any objection to that?

Preist. I had an objection. I let him have it to oblige him, that he might shew the gentleman as great a variety as he could; if the gentleman had lik'd it, he might have had another made to match it.

Q. Have not you receiv'd several sums of money of him?

Preist. I have receiv'd five guineas, and five pounds eight shillings.

Q. Have you not receiv'd money of him since the tea-kettle and stand were deliver'd to him?

Preist. I don't know that I have.

Q. In the common course of dealing, do you charge him debtor for them in your book?

Preist. I never charg'd it, it never was set down to him.

Q. If you had wanted the same, would he not have lent them to you, if he had had such?

Preist. I apprehend he would.

Q. If the plate is not return'd, don't you expect the value of it return'd?

Preist. Yes; but that was not to be dispos'd of. I expected that again.

Q. When did he become a bankrupt?

Preist. He was prov'd a bankrupt the 7th of January last.

Q. Was this prosecution begun before or after he became a bankrupt?

Preist. It was not begun till after. I did not know that I had been cheated out of it till after that.

Q. How long had he been in trade?

Preist. About four or five months.

Q. Might not you have charg'd this as a debt?

Preist. I prov'd my debt under the statute, but I did not consider this as a debt.

Q. Have you a partner?

Preist. I have. His name is William Shaw .

Charles Dunkerly . I am servant to Mr. Shaw and Mr. Preist. I was present when Mr. Frost came and had the tea-kettle and lamp away; which was about the eighteenth or twentieth of December. They never were set down to him in the book, being to be return'd in so short a time.

Q. Did you hear the conversation that pass'd upon it?

Dunkerly. He came and said he wanted to borrow a chased tea-kettle and stand to shew to a customer. Mr. Preist was above stairs, he came down and said, what makes you borrow of me, when you have so many of your own? He said it will make a variety, and promis'd to return it in an hour's time, and tied it up in a handkerchief and carried it away, and I never saw it since. The prisoner came to our house several times after that, and said the family, where he had left it, were out of town; and he believ'd they would not be in town till after Christmas, and he wrote a letter to Mr. Preist to that purport.

Cross examination.

Q. Whether it is not customary to lend goods to a Brother trade to sell?

Dunkerly. This was lent to shew, but with a promise of being return'd again in two or three hours, because it was sold to another gentleman.

Q. Whether that is not the method, if goods are not sold, to make the person debtor in the book?

Dunkerly. Yes; but this was an unfinish'd thing and not deliver'd for sale.

Q. to Preist. Do you know this hand-writing?

(The letter produc'd.)

Preist. This I believe, upon my oath, to be Mr. Frost's hand-writing.

Q. Have you seen him write?

Preist. I have.

Q. What day was it that the prisoner had the tea-kettle?

Preist. I can't take upon me to say the exact day; it was about a fortnight before Christmas.

(The letter read to this purport.)

Cornhill, Jan. 5, 1757.

Mr. Preist, Sir,

I sent for the kettle and stand; the family is out of town, where I left it with the butler, who will be at home to-morrow, and you may depend on having it,

Sir yours, John Frost .

Preist. The date should have been fifty-eight, it could not be fifty-seven. For I have not been acquainted with the prisoner so long as Jan. 57.

Michael Beadle . I live servant to Mr. Price, a pawnbroker, on Snow-hill. (The tea-kettle and stand produc'd.)

I remember this tea-kettle and stand being brought to pawn, by the prisoner at the bar, about six or seven months ago. I can't tell the day, he said they were his own.

Q. Do you not enter things in your book?

Beadle. We do; but my master is out of town.

Q. When did he go out of town?

Beadle. Yesterday.

Q. How came you to send an impudent answer to this court?

Beadle. I did not.

Mr. Owen and Mr. Brent, two sheriffs officers, depos'd that this witness told them, he should not trouble himself about them; his master was cut of town, and he should not send them.

Q. to Beadle. Were they pawn'd before or after Christmas?

Beadle. It was before Christmas.

Q. How long before?

Beadle. A month before, I believe.

Q. What was lent upon it?

Beadle. I can't tell.

Q. Can you get at your book?

Beadle. Yes.

Counsel. The subpoena was to bring the kettle and books.

Beadle. The gentlemen hurry'd me away, that I had not time.

Guilty .

There was another indictment against him of the same nature, but the court judg'd it needless to try him upon that.

[Transportation. See summary.]

213. (L.) William Coffield and Benj Edmonds were indicted for that they on the 4th of May about the hour of 2 in the night on the same day the dwelling-house of Thomas Garret did burglariously break and enter, 46 pair of silk hose val. 20 l. 28 pieces of silk val. 20 l. 9 guineas, one half guinea, three 36 s. pieces, one moidore and 40 s. in money number'd, the goods and money of the said Thomas, in the dwelling-house did steal, take, and carry away . ++

Thomas Garret . I am a hosier and live in Cheapside , the prisoner Coffield was once my servant . I never saw the other prisoner till after he was apprehended.

Q. When was you robb'd?

Thomas Garret . My house was broke open in the night between last Thursday and Friday.

Q. Who fastened the doors and windows over night?

Thomas Garret . I did the doors about 10 o'clock; the maid got up first and found the house had been broke open, then she call'd me, I got up and found the cellar-door had a hole cut in it, that a person could put in an arm and unbolt a bolt, and also unskrew a skrew that fastened down the bar of the window; the hole was in the middle, so that by turning the arm up and down the fastening could be undone. It appear'd to be done by some body that knew the fastening without-side. The compting-house door was burst open, and the desk broke; and I am positive there was more money taken out of the desk than I have laid in the indictment. I chose to lay the indictment rather less than more.

Q. Was there 9 guineas and a half?

Thomas Garret . I am very positive there were.

Q. Was the desk lock'd over night?

Thomas Garret . It was, and the stockings and the silk pieces were in the shop.

Q. When was the prisoner Coffield discharged from your service?

Thomas Garret . He was discharg'd in the year 1755.

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

Thomas Garret . He had liv'd with me two or three months.

Q. Did you ever find any of the goods again?

Thomas Garret . I had a search-warrant from justice Fielding, and found the goods in Coffield's lodgings: the pieces of silk were for breeches and waistcoats. His wife shewed us where he had concealed some money, where we found 16 l. 14 s. 6 d. The particular pieces mentioned in the indictment makes that sum.

Q. How came you to have a suspicion of him?

Thomas Garret . I was informed Edmonds's wife offer'd a pair of silk stockings to sell to Mr. Maschall, near Aldgate.

Q. How came you to go to Justice Fielding, as there are so many magistrates in the city?

Thomas Garret . We took the prisoners out of the city; we took two women also, one was wife to Edmonds; Edmonds and the two women went voluntarily along with us. Edmonds at first said he bought these stockings that his wife had offered to sell of a sailor in Smithfield, his wife said, she had had them some time before they were married: but after the justice ordered a pair of irons on his hands, then he confessed the prisoner Coffield gave them to him on Sunday last; then we went and took up Coffield in St. John's street; he got away from us twice, going to the justice's house, but we took him again.

William Maschall . The day before yesterday, after dinner, two women came to my shop and ask'd me if I would buy any silk stockings, (producing a pair.)

Q. Where do you live?

William Maschall . I am a hosier, and live at Aldgate, they shew'd me this pair; the prisoner's wife asked me 16 s. for them, which is 4 s. more than what they are sold for in the shops: I asked her, how she came by them? she said her husband had bought them, and that she thought the money would be of more service to them. I asked her if she would give me leave to keep them till the next day, when she should have them, or the money. I had heard that morning of Mr. Garret's shop having been broke open, then I went and shewed him the stockings; he said, he believed they were his stockings.

Q. to Garret. Look at these stockings, do you know them?

Garret. I will not pretend to swear to these, one pair may be like another; I can swear to the parcel of stockings that were found in Coffield's possession; the paper in which they are has my hand-writing upon it.

Maschall. Upon this, Edmonds was taken up; he desired to be admitted evidence, and said he would say all he knew; he said he had no hand in breaking open the house, only would declare how he came by the stockings.

William Williams . After the prisoner Coffield was taken last night, he made his escape from the officer in St. John's street; the officer had got him in a coach, he jump'd out on the other side; I pursued him down St. John's lane, and catch'd him in St. John's square, we carried him to the coach again, and to justice Fielding; when the constable and another man to assist him came out of the coach, the prisoner made his escape out at the other side again, but was soon secur'd.

Q. Did your hear his examination there?

William Williams . No, I did not.

Mary Condiet . I am servant-maid to the prosecutor; I got up in the morning last Friday, I heard somebody go down stairs, and found the door open, and saw no body, but I found the shop broke open; I went and told my master of it, who came down and miss'd the goods and money.

Michael Sanders . I am the constable; I had a search warrant to search Coffield's lodgings, we found this box of stockings ( produced in court); when we secur'd Coffield and had tied his hands, he got them almost loose; he offered me 10 l. if I would let him go; we call'd a coach; when it was at the door, the minute the door was opened he push'd the man on one side, and ran away, and was gone half an hour before they brought him again; when we got him in the coach, there was his wife and my friend in the coach with us, Coffield told us both, he would give me 10 l. if I would let him go. We drove to the justice's door; when we went out on the left side, to go into the justice's house, he jump'd out on the other side and ran away, the people call'd stop thief; and this witness that took him before, being behind the coach, ran and took him again in a cellar. Upon his examination he said, that the goods and money were left him by a soldier that was gone abroad. Here are some tools that we found in his house (producing an iron colt-chissel about 14 inches long, a tinder-box, matches, flint and steel, and two gunlets). When I was searching the house, the woman said, her husband had brought home some money, and it was in a little box; we went and found in it about 16 l. and a receipt of his landlord, for rent he had just paid.

Coffield's defence.

A soldier came and left these things with me, and said he was to have them when he came back.

Edmonds's defence.

Coffield gave me the pair of stockings on Sunday, my wife carried them to Mr. Maschall's to sell; that is all I know of it.

Coffield guilty of single felony .

Edmonds acquitted .

[Transportation. See summary.]

214. (M.) Sarah Lovewell , spinster , was indicted for stealing one linen gown, one linen apron, one linen handkerchief, one silk hat, and one shift , the goods of Mary Lewis , spinster , April 23 . +

Robert Jollop . Mary Lewis and the prisoner both lodg'd in my house; the things mention'd in the indictment were missing about a fortnight ago. The prisoner was taken up upon suspicion, and a search-warrant was taken out, and the goods were found again.

Mary Lewis . I lodge at Mr. Jollop's house; I lost an apron, a shift, a gown, a handkerchief, and a hat; I suspected the prisoner and took her up, having left her in charge of them.

Q. Where was you at that time?

Mary Lewis . I was at work at weeding the gardens.

Q. Did you give her liberty to pawn these things?

Mary Lewis . No, I did not. She confess'd she had pawn'd them, and to whom; and we got a search-warrant, and found them accordingly. We found the gown in Long-ditch, at Anne Plunket 's, the hat at Mr. Gaul's, the shift and apron at Mr. Crayford's, and my handkerchief at Mr. Mayor's. (Produc'd in court and depos'd to.)

Anne Plunket . This gown was pawn'd to me by one Sarah Lovewell . I believe the prisoner is the person, but I cannot swear to her.

Mr. Crayford. The prisoner pawn'd this shift to me; there was an apron she pawn'd too, but as one check is like another, I will not say this produced here is the same; I delivered that which she pawn'd to the prosecutrix.

Prosecutrix. This apron here produced is the same that Mr. Crayford delivered to me.

Nehemiah Gaul. This silk hat was pawn'd to me by the prisoner at the bar.

Prisoner's defence.

I did not thieve any thing from her, she left them in my care and gave me leave to pawn them.

Guilty 10 d .

[Whipping. See summary.]

215. (M.) Richard Roberts , John Story , and Robert Hall , were indicted for stealing one copper, val. 14 s. and one tin kettle, val. 5 s. the goods of Nicholas Jacobs , Apr. 27 . +

Nicholas Jacobs . I live at the Swan ale-house in St. Paul's Shadwell ; I lost a copper that was set in brickwork, which would hold about 13 or 14 gallons, and a double-tin fish-kettle, they were missing on the 27th of April. My boy Thomas Langley told me, he and the prisoner took them away on the 26th.

Q. Did the prisoners ever use your house?

Nicholas Jacobs . They did.

Q. What is their employment?

Nicholas Jacobs . They go with gin upon the river, they are called Bum-boat boys . I got a warrant and had them all four taken up. My boy told me, they had sold them in Well-Close square, but did not know the broker's name: I took him along with me to shew me the shop; he shewed it me; then I got a warrant. When we came there, my boy shewed me a copper, and said that was it. The man's name is Abraham Harwood . He came with me and measured my brickwork by a rule; after that he sent three coppers, but none of them would sit the place.

Q. Did either of the prisoners confess any thing?

Nicholas Jacobs . No, they did not.

Thomas Langley . The prisoners carried me to the prosecutor's house, and made me drunk; they took the copper out of the yard, and carried it to a brasier in Well-close square, and sold it for 14 s. The people got up and took it in at 5 o'clock in the morning, and we were to have shared the money; the next night I told my master of it.

Q. What day of the month was this?

Thomas Langley . I do not know.

Q. Was you servant to Mr. Jacobs at that time ?

Thomas Langley . I was.

Mary Heard . I am servant to Mr. Jacobs. I was the first person that miss'd the copper from out of the brickwork.

Q. Where was Langley when you miss'd it?

Mary Heard . He was along with my master on the river Thames.

Q. Where was he that night that he says the copper and kettle were taken away?

Mary Heard . We thought he was in bed.

Q. to Jacobs. Did you hear the prisoners confess any thing?

Jacobs. No. They all denied it before the justice.

Roberts's defence.

I was in bed and asleep at that time.

The three prisoners in their defence all said, they were in bed at their respective lodgings at the time that Langley swore the things were taken away.

For Roberts.

Constant Martin. I live by Shadwell-Dock, Roberts has lodg'd with me about 5 weeks; I never heard any thing of him otherwise than that of an honest boy. That night that he is accused of this robbery, the 26th of April, he came home and went to bed at 9 at night, and was in my house till 10 the next morning.

Q. Do you know Abraham Harword ?

Constant Martin. No, I do not.

Tobias Denn . Roberts was my bedfellow at that time, I got up about a quarter of an hour before 5 the next morning, and left him in bed; I had awak'd three or four times in the night, and felt him in bed by me.

For Hall.

Robert Cole . Robert Hall was along with me that night, as Langley speaks of; we went to supper and to bed, between eight and nine o'clock, and got up between five and six the next morning.

Q. What night was this?

Cole. It was the twenty-sixth of April at night.

Mary Bruce . I live in St. George's parish. I have known Robert Hall from his infancy; I have trusted him with things of value: I never knew him to wrong me in his life.

For Story.

Mary Brown . John Story lodg'd at my house. He went to bed between eight and nine o'clock that night, and I call'd him up the next morning, when the bell rung six; he was in bed and answer'd me.

Q. What night was this?

Brown. It was yesterday was a fortnight.

Anne Pryer . I have known all the three boys these three years. I never knew any harm by them; they have been backwards and forwards to our house where I live; they behaved civil and honest.

All three acquitted .

216. (M.) William Barnard , late of the parish of St. James, within the city and liberty of Westminster , in the county of Middlesex, yeoman , was indicted, for that he being an ill-dispos'd person, and seeking wicked gain, and little regarding the laws and statutes of this kingdom, or the pains and penalties therein contain'd; after the first day of June, in the year of our Lord 1723, to wit, on the 3d day of December, in the 31st year of the reign of our sovereign Lord George the second, King of Great-Britain , &c. with force and arms, at the parish aforesaid, in the country aforesaid, knowingly, unlawfully, wickedly, and feloniously, did send a certain letter in writing with a fictitious name, to wit, with the fictitious name of Felton thereto signed and subscribed, to the most noble Charles Duke of Marlborough , and directed to the said Duke, by the title and description of his Grace the Duke of Marlborough, demanding therein a certain valuable thing, to wit, a genteel support for the life of him the said William Barnard , against the form of the statute in such case made and provided, to the evil example of all others, in the like case offending, and against the peace of our said Lord the King, his crown and dignity . *

THE DUKE OF MARLBOROUGH SWORN.

I receiv'd this letter from an unknown hand, dated the 29th of November, and directed to me, appointing me to meet the writer on a certain spot in Hyde Park.

The letter read.

To his Grace the Duke of Marlborough, with care and speed.

XXVIIII November.

' My Lord,

' as ceremony is an idle thing upon most ' occasions, more especially to persons in my ' state of mind, I shall proceed immediately to ' acquaint You, with the motive & end, of addressing ' this epistle to You, which is equally ' interesting to us both: You are to know then, ' that my present situation in life, is such, that I ' should prefer annihilation, to a continuance in it: ' desperate diseases, require desperate remedies, ' and You are the man I have pitched upon, either ' to make me, or to unmake Yourself; as I ' never had the honour to live among the great, ' the tenour of my proposals, will not be very ' courtly, but let that be an argument, to enforce ' the belief, of what I am now going to write; ' it has employed my invention for some time, ' to find out a method to destroy another, without ' exposing my own life, that I have accomplished, ' and defy the law; now for the application of ' it, I am desperate, and must be provided for; ' You have it in your power, it is my business to ' make it your inclination to serve me; which ' You must determine to comply with, by procuring ' me a genteel support, for my life, or ' your own, will be at a period, before this sessions ' of parliament is over: I have more motives, ' than one, for singling You out first, upon this ' occasion; and I give you this fair warning, because ' the means I shall make use of, are too ' fatal, to be eluded by the power of physick: if ' you think this of any consequence, You will ' not fail to meet the Author, on Sunday next, at ' ten in the morning, or on Monday (if the ' weather should be rainy on Sunday) near the ' first Tree beyond the Stile in Hyde-Park, in ' the foot walk to Kensington: secresy and compliance ' may preserve You, from a double danger ' of this sort; as there is a certain part of the ' world, where your death has more than been ' wished, for upon other motives; I know the ' world too well, to trust this secret, in any breast, ' but my own; a few days determine me, your ' friend or enemy.

' Felton.

' You will apprehend that I mean you should be ' alone, and depend upon it that a discovery of ' any artifice in this affair will be fatal to You, ' my safety is insured by my silence, for confession ' only can condemn me.'

Q. What did your Grace do upon the receipt of this letter?

D. of Marlb. I went to the place at the time appointed. It was at the first tree near the style in Hyde Park, in the way to Kensington, at the end of the Serpentine water, betwixt that water and a little pond. I was there some time, and saw nobody stop that I could suspect to be the person; upon which I was going away: but as I came to Hyde Park corner, I turn'd my horse and saw a person stand loitering, and looking at the water over the bridge. This was, I believe, within twenty yards of the tree, and this induc'd me to go back again. I rode up to the person very gently, and passed by him once or twice, expecting him to speak to me; he did not: I made him a bow, and ask'd him if he had something to say to me? he said No, I don't know you. I said I am the Duke of Marlborough: Now you know me, I imagine; you have something to say to me: he said No, I have not. Then I rode away.

Q. Was your Grace arm'd?

D. of Marlb. I had pistols before me.

Q. Had your Grace any great coat on?

D. of Marlb. No, I had not. My star might easily be seen.

Q. Does your Grace see any body here that you saw there?

D. of Marlb. It was the prisoner at the bar.

Q. Had your Grace any servant or attendant with you?

D. of Marlb. I had no servant with me, there was a person, a friend of mine, at a good distance in the Park. A day or two after, I can't be sure whether it was the next day or the day after that, I receiv'd a second letter.

It is read.

To his Grace the Duke of Marlborough.

' My Lord,

' You receive this as an acknowledgement of ' your punctuality as to the time and place of ' meeting on Sunday last tho' it was owing to ' You, that it answered no purpose, the pageantry ' of being armed, and the ensign of your ' order, were useless, and too conspicuous, You ' needed no attendant, the place was not calculated ' for mischief, nor was any intended: if ' You walk in the west isle of Westminster-Abbey, ' towards eleven o'clock on Sunday next, ' your Sagacity, will point out the person, whom ' you will address, by asking h company, to take ' a turn or two with You; You will not fail, on ' enquiry, to be acquainted with the name, and ' place of abode, according to which directions, ' You will please to send, two or three hundred ' pound bank Notes, the next day by the penny ' post; exert not your curiosity too early it is ' in your power to make me grateful on certain ' terms I have friends who are faithful, but ' they do not bark before they bite.

' I am &c. ' &c. ' F.'

Q. What did your Grace do upon the receipt of this second letter?

D. of Marlb. I went to Westminster Abbey at the time the letter appointed. I had been walking there about five or six minutes before I saw any body that I suspected; then I saw the person I had seen before in Hyde Park, and another person who seemed to be a good looking man, a substantial tradesman: they came in and look'd on the monuments. I knowing the person again, went and stood by them; but the prisoner said nothing to me: soon after they both of them went towards the choir; the stranger, I may call him, went into the choir, and the prisoner turn'd back and came towards me, but did not speak to me. Then I ask'd him if he had any thing to say to me, or any commands for me? He said No, my Lord, I have not. I said, sure you have, he said No, my Lord; he walk'd up and down one side the isle, and I the other to give him a little more time; but he did not speak, then I went away out at the great door, and left him in the Abbey. I look'd back to see if he watched me going out, but I did not see him.

Q. Had your Grace any body with you in the Abbey?

D. of Marlb. There were two or three people placed in disguise, ready, if I had given them the signal, to have taken him up. Though I was certain it was the same person which I had seen and spoke to in the Park, thought not proper to give the signal, but to run a little longer risk rather than to take up an innocent man. Very soon after this I receiv'd another letter, this is it.

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

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 10th, and Thursday the 11th, of MAY.

In the Thirty-first Year of his MAJESTY'S Reign. NUMBER V. PART II. for the YEAR 1758. Being the Fifth 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 Pater-noster Row. 1758.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, 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.

The third Letter read.

To his Grace the Duke of Marlborough.

' My Lord,

' I Am fully convinced you had a companion on ' Sunday, I interpret it as owing to the weakness ' of human nature, but such proceeding is far ' from being ingenuous, and may produce bad ' effects whilst it is impossible to answer the end ' proposed: You will see me again soon, as it ' were by accident, and may easily find where I ' go to, in consequence of which by being sent ' to, I shall wait on your Grace, but expect to be ' quite alone, and to converse in whispers, You ' will likewise give your honour upon meeting, ' that no part of the conversation shall transpire, ' these, and the former terms complied with, ' ensure your safety: my revenge in case of ' non-compliance, (or any scheme to expose me) ' will be slower, but not less sure, and strong ' suspicion, the utmost that can possibly ensue ' upon it, while the chances would be ten-fold ' against you. You will possibly be in doubt ' after the meeting but it is quite necessary the ' outside should be a mask to the in, the family ' of the BLOODS is not extinct, tho' they are ' not in my scheme.'

D. of Marlb. At about two months after the receipt of this, I receiv'd another letter, this is it.

The fourth Letter read.

To his Grace the Duke of Marlborough.

' May it please your Grace

' I have reason to believe that the son of ' one Barnard a surveyor in Abingdon Buildings ' Westminster is acquainted with some secrets ' that nearly concern your safety, his Father is ' now out of town which will give you an opportunity ' of questioning him more privately; ' It would be useless to your Grace as well as ' dangerous to me to appear more publickly in ' this affair

' Your sincere friend. ' ANONYMOUS.

' He frequently goes ' to Storeys-Gate ' coffee-house.'

D. of Marlb. There is no date to this letter. About a week or ten days after I receiv'd this letter, I sent a message to the Coffee-house, by Mr. Merrick, who return'd and told me he found Mr. Barnard there, and that he said, what could the Duke of Marlborough want with him? he had spoke with him once in Hyde Park, and another time in Westminster Abbey. The messenger told me, he said he'd wait on me, which he did at Marlborough-house, about half an hour after ten o'clock. I think, on the Friday following.

Prisoner. It was Thursday, my Lord.

D. of Marlb. I can't be sure as to the day. When he came in, I knew, at first sight; it was the same person that I had seen in the Park and in the Abbey. I desir'd him to walk with me into a room, and immediately shut the door when we were in. I ask'd him as before, he said he had nothing to say to me; then I told him of the last letter I receiv'd, that it mentioned his name, and that he knew something concerning my safety; he said he knew nothing of it. Then I recapitulated all the letters, beginning with the first, and remark'd to him that it was strange to me, that a man that wrote so very correct, without false English in any shape, should be guilty of so low an action; he said a man may be very learned and very poor. I then took notice of the second letter, and said there must be something very odd in the man; he said I imagine the man must be mad; I said he seems surpriz'd that I should have pistols; said he, I was surpriz'd to see your Grace with pistols, and your Star on. I said, why was you surpriz'd at that? his answer was, after stopping a moment, It was so cold a day; I wonder'd you had not a great coat on: then I afterwards shew'd him the letter again where his name was mention'd, and walk'd with him to the window, and as I read it, when I came to that part where it said his father was out of town; he said it is very odd, my father was then out of town. I said nothing to him of that, though it struck me a good deal, as there was no date to the letter. I said, if you are innocent, it behaves you much more than me to find out the author of those letters, particularly the last: for it was an attempt to blast his character behind his back; he seem'd to give me a smile and away he went. I did not apprehend him then.

Counsel for the prisoner.

Q. In what manner did your Grace receive this first letter ?

D. of Marlb. I am Master of the Ordnance. Some body or other had put it under the door of the office in the night time, and the keeper of the door sent it to me the next day.

Q. As to the second letter, which way did your Grace receive that?

D. of Marlb. That was sent the same way, by being put under the door as the other.

Counsel. In consequence of the first letter, your Grace went into the Park on horseback, and was there some time without seeing any body you suspected; Were there not people there ?

D. of Marlb. I saw several people on horse back, and some few walking in a hurry on foot.

Q. Pray my Lord Duke, after you had seen this person lostering, was there any thing going forward, such as hunting a duck, or the like?

D. of Marlb. No, nothing in the world as I saw, it was a very cold day.

Q. Your lordship said there was another person at a distance, an attendant on your Grace; how far might that person be off when you was speaking to the prisoner?

D. of Marlb. I cannot tell exactly. I had spoke to him to keep a great way off.

Q. Was he in view of your Grace?

D. of Marlb. I dare say he was.

Q. Might not any person equally see that person as well as your Grace?

D. of Marlb. I suppose they might.

Q. Might it not be observable to any third person that your Grace spoke to Mr. Barnard?

D. of Marlb. I suppose it might.

Q. Was your Grace there at the time?

D. of Marlb. I was there rather before the time, I believe.

Q. Did he in the least offer to follow your Grace?

D. of Marlb. No, he seem'd to go the other way.

Q. With respect to the second letter, your Grace went according to appointment to Westminster Abbey, and saw the prisoner and another person come into the Abbey, before that other person had left him, had your Grace been near him?

D. of Marlb. I had, I stood by him in hopes he wou ld speak to me, if he was the person that wrote the letters.

Q. Whether the circumstance was not such, that that other person might very well believe your Grace wanted to speak to the prisoner?

D. of Marlb. That I can't tell, I stood very near the prisoner wanting him to speak to me; it is possible he might think so.

Q. Whether there was not at that time several persons attending on your Grace?

D. of Marlb. There were two or three.

Q. Did your Grace speak to either of them in the Abbey ?

D. of Marlb. No, I did not.

Q. Whether if there was any other person in Westminster Abbey at that time, whether that third person might not have taken Mr. Barnard for your Grace's companion, as your Grace spoke to him?

D. of Marlb. Upon my word I can't tell that.

Q. Could there be a person to whom that expression, in the third letter, might be apply'd, referring to your Grace's companion, besides Mr. Barnard?

D. of Marlb. Yes, It might be apply'd to a gentleman that went away with me in the coach from the Abbey.

Q. Whether your Grace did not bow several times to the prisoner before you spoke?

D. of Marlb. No, I don't think I did.

Counsel. With respect to the third letter, your Grace heard no more of that till the 4th came.

D. of Marlb. I did not, and when the 4th came I sent to Mr. Barnard.

Q. Did your Grace know Mr. Barnard before you receiv'd these letters ?

D. of Marlb. No, I did not at all.

Q. Does your Grace now know whether he was a person in such situation in life, as answered to the description in the letters?

D. of Marlb. I don't know the least thing of him, either character or circumstance.

Counsel. Then, abstracted from these circumstances, should your Grace have entertained any suspicion of him more than of any other person?

D. of Marlb. I did not know there was such a man in the world.

Q. When he came to your Grace's house, did he come in very readily?

D. of Marlb. He did.

Q. Whether his answer was, I was surpriz'd to see you arm'd too, or I was surpriz'd to see you arm'd?

D. of Marlb. I can't take upon me to say whether he laid such an emphasis on it or not.

Counsel. Then he made no secret of seeing your Grace in the Park.

D. of Marlb. No.

Counsel. Nor in the Abbey?

D. of Marlb. No.

Q. Your Grace mention'd, he said, it is very odd my father was out of town then! could your Grace apply that in the manner it was spoke, that his father was out of town when the message came to him?

D. of Marlb. I really understood him, that he knew his father was out of town at the time of his writing the letter.

Q. Did your Grace mention the time you receiv'd it?

D. of Marlb. No, I did not mention any time.

Q. Did he come punctually to his time?

D. of Marlb. He did, I think the messenger said he would wait on me about half an hour after ten.

Q. In what manner was he apprehended?

D. of Marlb. I do not know; I understood he was summoned.

Q. It has been said, he went away with a smile; pray, my Lord Duke, might not that smile express the consciousness of his innocence as well as any thing else?

D. of Marlb. I shall leave that to the Great Judge.

Q. He said, a man might be very learned, and very poor; does your Grace know whether this person at the bar is either learned or poor?

D. of Marlb. I do not know indeed.

Q. May not that expression fall from any man whatever?

D. of Marlb. I cannot say as to that.

James Merrick . I was directed from his Grace to carry a message to Story's Gate coffee-house; I went, and there was the prisoner at the bar: I told him, the Duke of Marlborough wanted to speak with him; he expressed some surprize at what the Duke should want with him, but no fear.

Q. When was this?

Merrick. This was on Tuesday, the 25th of April, in the evening; and he said, he would wait on the Duke on the Thursday following, between 10 and 11 o'clock.

Cross examination.

Q. What reason did he give for not waiting on his Grace sooner?

Merrick. His excuse was, he was going out of town.

Q. Did he say any thing to you of his having seen the Duke before?

Merrick. He did. He said, he had seen his Grace three times in his life, once in Hyde-Park, and once in Westminster Abbey, and once at the camp at Byfleet; he said, he did not know the Duke when he saw him in Hyde-Park, till the Duke himself told him who he was.

Q. Did he tell you what had passed either in the Park or in the Abbey?

Merrick. He told me that in the Park the Duke rode up to him, and asked him, Sir, do you want any thing with me? His answer was, No. Then the Duke asked him, If he knew who he was? he answered No again. Then the Duke told him, he was the Duke of Marlborough; then he made his bow: and in Westminster Abbey he told me, he thought the Duke had spoke to him; but on turning about he said, he did not; and he turn'd and went away.

Q. Where had you this conversation?

Merrick. This was in a room in the coffee-house by ourselves.

Q. Did he tell you this voluntarily?

Merrick. He did. At first he seem'd surprized, and then said, he recollected these circumstances.

Q. Did he express any signs of fear?

Merrick. No; but he seemed much surprized.

William Marsden . I was appointed by his Grace the Duke and justice Fielding to watch the Duke in Westminster Abbey, and had two constables there in order to apprehend the person, if his Grace had thought proper to give the signal.

Q. Were you all together?

Marsden. No, but so dispersed that our intention might not be known; I was within the choir hearing the prayers for some time; there was a gentleman near the Duke with a sword, whom I thought the person at first, but I learned afterwards, he was an acquaintance of his Grace's; I was not apprized that any such person would attend him: I saw Mr. Barnard and another person come in, and his eye was fix'd on his Grace as he walk'd in the isle; they walk'd down the middle isle, not directly to his Grace; in a little time I observed his Grace to meet them, and as I thought by the behaviour of Mr. Barnard, that he spoke first to the Duke presently after that Mr. Barnard's partner went off from him; then Mr. Barnard went and stood looking at the Duke; then I thought Mr. Barnard was the person; so I did not mind the other: I saw his Grace speak to him again, but was not near enough to hear what they said: after that, his Grace walk'd backwards and forwards once or twice, and went out at the door he came in at; the other gentleman immediately followed the Duke; I followed to see what pass'd; the gentleman, the Duke's acquaintance, walk'd opposite to the Duke, Mr. Barnard was got looking behind a post, any body that was on that side he was on could see him; but a person on that side his Grace was on could not, I believe it was impossible for his Grace to see him at that time, he look'd after his Grace a considerable time, then walk'd back: I followed his Grace and told him what observations I had made; his Grace immediately told me, the man in black was the man that he had seen in Hyde-Park: then I said, I wonder your Grace did not give the signal to have him apprehended; his Grace said the same as repeated here, He would rather let it be a little longer, than to take up an innocent man; he should hear of him again he apprehended, for he seem'd to be afraid to speak to him at that time.

Q. Was he apprehended after this?

Marsden. He was. I procured him to come before justice Fielding, by a sham summons, in which he was accused with assault and battery: he was not taken up till he came there, then he seemed surpriz'd.

Q. Did he tell you about any thing that happen'd in Westminster Abbey?

Marsden. I was with him in the dining room at Mr. Fielding's, in order to take his examination; I went as it were out of complaisance to him not to leave him alone, he talk'd a good deal, but I did not make such observations of it as I should have done if I had thought of his coming here: I remember he said he order'd his friend to walk off, that he might see what the Duke wanted with him, and said he thought the Duke must come there by appointment: he mentioned something about the Duke's giving him a place or post; I think he said he ordered his friend to walk off, to see if the Duke would give him some place; or, perhaps, the Duke wants to give me a place.

Q. Are you sure he said the Duke wanted to give him a place? or, that his friend said, Go towards him, perhaps the Duke wants to give you some place?

Marsden. I cannot be sure which; I know the word place was mentioned.

Cross examination.

Q. Where is the summons ?

Marsden. This is the summons, ( producing one;) I did not serve it on the day it bears date; it was made out on Saturday the 29th of April. I was to have given him it that afternoon, but I was told he was gone to Brentford; so I went early on Monday morning following, and gave it him: this was only made out as a decoy; the name in it is one of the constables that was fix'd in Westminster Abbey, named Roger Bowsher .

Q. Did he shew any unwillingness to come?

Marsden. No, none at all; he look'd at it and said, it is a summons from Mr. Fielding; he read it over and said, Roger Bowsher! I know nothing of him; give my compliments, tell him I'll wait on him.

Q. As to this place that he look'd thro', which door is it at?

Marsden. It is the west gate near the Gate-house, just at the corner there is another gate, and next to the wall is a sort of a post, which is what he look'd through, or by.

Q. Is not that gate, as you call it, a close wainscoted door?

Marsden. It is a door, but the place where I mean is a post; he peep'd between the post and the wall. I have never been since to look at it; if there is not a hole between that and the wall, he must look by the other side of it.

Q. Which way was his head?

Marsden. That was towards the gentleman who was close to the wall, opposite him; he must have turned his head farther from the wall to have seen his Grace, as his Grace was going to take coach.

Prisoner's defence.

I am intirely innocent of this affair with which I am charged. I leave it to the court and the jury, with the evidence that will be produced.

For the prisoner.

John Barnard . I am father to the prisoner at the bar.

Q. What is his employ?

John Barnard . He is employ'd in my business as a builder and surveyor principally; in not only that, and drawing plans, but also in receiving great sums of money.

Q. Have his accounts always stood right and clear ?

John Barnard. They always have.

Q. Do you look upon him to be a sober man ?

John Barnard . I have had great reason to believe him such, more particularly lately.

Q. Has he been possess'd of large sums of money ?

John Barnard . He has, of considerable sums; I have oftener asked him for money than he me.

Q. Had you any occasion to send him to Kensington on Sunday the 4th of December.

J. Barnard. I had nothing, but circumstance; brought the day to my mind since: I gave him an order on that Sunday morning, when we were at breakfast, to go to Kensington, to know whether there was some money paid by the treasurer of the turnpikes for gravel: I have a brother there, named Joseph; he went there and did his business, and dined with my brother.

Q. How do you know that ?

J. Barnard. Because he told me so; and the solicitor of the turnpike told me he had been with him, and in consequence of which I had my money afterwards.

Q. Have you ever heard your son take any notice of his meeting with the Duke of Marlborough that day?

J. Barnard. When he came home he told me, he had met the Duke of Marlborough, and these circumstances of his Grace's taking notice of him; he mentioned it as an extraordinary thing. I ask'd him, if he had not look'd a little impudently (as he has a near sight) at him, or pull'd his glass out? He said, he saw another gentleman at a distance, and the Duke was arm'd; and he imagin'd there might be a duel going forwards; he has from that time to this mentioned it as a very strange event, several times in my house, without any reserve at all.

Cross examination.

Q. At the time you sent your son to Kensington on the 4th of December, suppose you had not given him an order to go there, whether he was not at liberty to go where he pleased?

J. Barnard. Yes; I never restrain him.

Q. Did he say he was surpriz'd to see the Duke without a great coat?

J. Barnard. I can't remember that particular.

Q. Did you hear him mention his seeing the Duke of Marlborough in Westminster Abbey?

J. Barnard. I have very often, and very publickly, and with some surprize, as he has that in Hyde-Park. I said to him, I would not have you be public in speaking of things of this kind, left an use be made of it to your disadvantage.

Thomas Barnard . I am first cousin to the prisoner at the bar. On Saturday the 3d of December, I was at Kensington, and lay at my uncle's house there, and dined there. On the Sunday the prisoner came there before dinner, he said he had been to do some business that way. He dined with us, there were my uncle, aunt, he, and I; he related that circumstance to us of meeting with the Duke of Marlborough in Hyde-Park; he said he rode up to him, and asked if he knew who he was; he answered no; he replied I am the Duke of Marlborough; he related it with some chearfulness, tho' as matter of surprize.

Q. How long have you known the prisoner?

T. Barnard. From his birth: he is in business with his father; I always understood he would succeed his father; I never knew him to behave any otherwise than well in my life. I never thought him extravagant, nor never heard so; I had always looked upon him to be an honest man; his father is in very great business.

Q. Should you look upon it, that a small place would be equal to the chance of succeeding his father in his business?

T. Barnard. I should never have thought of such a thing; I look upon his situation in life to be a very extraordinary thing: I thought he would give the preference to that above any thing else.

Cross examination.

Q. Do you think he would refuse a good place?

T. Barnard. No man would refuse a place that is to his advantage?

Joseph Barnard . I am uncle to the prisoner at the bar; I live at Kensington; my nephew, Thomas Barnard , lay at my house on the Saturday night, and dined with the prisoner at the bar on the Sunday. I remember he then mentioned having met with the Duke of Marlborough in Hyde-Park, while we were sitting at dinner. I said I was surprized he should meet with him that day; he said he saw but one gentleman at a distance, and the Duke was armed; and his Grace looked him full in the face, very earnestly, (which he seemed to speak with a great deal of pleasure to me) he is very near sighted, he can see nothing at a distance without the use of a glass. I have heard him since speak four or five times of seeing the Duke in Westminster-Abbey.

Q. How long ago?

Jos. Barnard. About a month ago. He is brought up under his father in very considerable business, and a man of some property besides, and was employed as his clerk or book keeper?

Q. Is he a sober man?

Jos. Barnard. Very sober; I never heard to the contrary; neither did I ever hear his father speak of him as idle or dilatory.

Thomas Calcut . I live at Kensington: I remember the prisoner coming there on a Sunday morning; a very cold foggy morning; with some message from his father to me, to know whether the solicitor had paid some money or not. He was under his father, as I am under mine; he desired me to go with him; I said stay and dine with me; he said he could not promise, because he had promised to dine with his uncle Joseph: he went into the parlour, and said it is vastly cold. There has been the oddest accident happened as I came over the Park; the Duke of Marlborough came up to me, and asked me if I knew him, I said no; he asked me if I wanted any thing with him, I told him no; he said I am the Duke of Marlborough, if you want any thing with me; then the Duke went away, and he came there. He expressed a great surprize at it, and I thought it a very odd affair.

Henry Clive , Esq; I have known the prisoner two years; I remember dining with him on the 8th of December, at his father's house, with a great deal of company; I heard him then say at dinner, that some few days before, he had met the Duke of Marlborough in Hyde-Park; that the Duke asked him if he had any business with him, he said no; he then told him who he was, and asked him the same again, he said no; that the Duke seemed in some confusion and was armed; and he thought he was about a duel; and indeed I thought it was a very great lie. I have gone very frequently to his father's in relation to Brentford bridge. I have no other acquaintance with him, only going to his father's, so can't say any thing to his character either frugal or extravagant.

Q. Can you name any body that dined there that day?

Mr. Clive. Yes, there was Mr. Wilson and his lady, Mr. Tunstall and his lady, another gentleman and his wife, and the prisoner's younger brother that is at Westminster school.

Mrs. Mary Wilson . I dined at Mr. Barnard's on Thursday the 8th of December; the prisoner, I remember, said he had been in Hyde-Park some days before, and there he saw a gentleman on horse-back come up to him, and asked him if he had any thing to say to him, he said no; then he said I am the Duke of Marlborough, now you know me, have you any thing to say to me? he said no. He talked of this very freely to all.

James Greenwood . I live at Deptford, with a relation in the brewing way; I came from Deptford on Saturday to the prisoner's father's; and on the Sunday following I was there at breakfast; I solicited the prisoner to get himself dressed to go with me into the Park, being to meet a person at twelve o'clock; I with a good deal of difficulty got him to dress himself; I put my shirt on in the parlour, and after that he put on his; I fancy we breakfasted about 9 o'clock; when we got to the end of Henry the VIIth's chapel, the prisoner would have gone the other way into the Park without going thro' the Abbey, I took hold of his sleeve, and said, Barnard, you shall go thro' the Abbey; this was a little after eleven; this was no unusual thing; we have several times walked in the Park, and some times parted.

Q. Which is the nearest way to the Park?

Greenwood. I do not know which is the nearest way, thro' the Abbey, or by the side of it, this was the first time I believe that I ever saw the monument of general Hargrave; after that we walked down to the monument, erected at the public expence for captain Cornwall; the preacher was in the pulpit; when we were standing at capt. Cornwall's monument, the prisoner made some observations on the execution of it in his own way. After we had staid there some time, I saw his Grace the Duke of Marlborough, who was got pretty near us: upon seeing the Duke I jogged him by the elbow, and said, step this way, he seemed to look at him.

Q. Had you heard what happened in Hyde-Park, previous to this?

Greenwood. I had; I believe it was told to me by the prisoner at the bar; on my jogging him we walked up the middle isle towards the choir, I said did you see that gentleman in the blue coat, or do you know him ? no said he, not I; no, said I, it is the Duke of Marlborough! we will walk to the monument again; the Duke came, and placed himself pretty near me a second time, after this we walked away. I believe we walked some considerable time in that isle, in which is the monument of sir Godfrey Kneller , there I believe we pass'd and repass'd again.

Q. Why did you jog him ?

Greenwood. Because he is very near sighted. At last I think it so happened, we pass'd the Duke between two of the pillars; and as I had hold of his arm walking together, there was barely room for three people to pass a breast; the Duke rather gave way, and made as I thought a kind of a bow. Upon this I said the Duke of Marlborough's behaviour is extremely particular; he certainly has something to say to you; I suppose he does not chuse to say it while I am with you, I will go into the choir, and do you walk up and down here, and possibly he will speak to you. While I was there I looked; the first thing I saw was the Duke of Marlborough and the prisoner at the bar with their heads bowing together, as if it was the first salutation.

Q. Had the prisoner the least inclination to go into the Abbey before you proposed it to him ?

Greenwood. No; he did not discover any ?

Q. Did he discover any inclination to be left alone, when you proposed to go into the choir ?

Greenwood. No, he did not in the least; in some few minutes after, the prisoner and I met together, he told me the Duke of Marlborough was gone out of the Abbey, he had seen him go out; I said what pass'd, to which he replied the Duke said did you speak to me, or who spoke first I can't tell.

Q. In this transaction did the prisoner appear openly, or as if he had some secret transaction to do with the Duke?

Greenwood. No, it was open and clear.

Q. Did you see the Duke come in?

Greenwood. No, I did not; we were employed at looking at the monuments; we looked at several.

Q. What did you do when you first came in?

Greenwood. We walked along and looked on the monuments.

Q. Did you see the prisoner's eye fixed on any person ?

Greenwood. No, I did not.

Q. Is Mr. Barnard very near sighted ?

Greenwood. He is; I question whether he can be able to see a person across this room.

Q. Where did you go, when you went out of the Abbey?

Greenwood. We went immediately, into the Park, and after walking there, we met with two Ladies whom I knew and to whom Mr. Barnard was not unknown, to whom we related this affair; he always repeated these things, that is, this and that in Hyde-Park, as matter of great curiosity.

Q. How long have you been acquainted with him?

Greenwood. I have been acquainted with him seven years.

Q. What is his character?

Greenwood. I know nothing to the contrary but that he is an industrious sober young man.

Q. Did you ever hear that he was a profligate expensive man?

Greenwood. No; never.

Q. His father is in great business: is he not?

Greenwood. His father's business is a very considerable thing.

William Ball . I am the master of Story's Gate coffee-house. I remember Mr. Merrick coming to my house, to inquire for Mr. Barnard; he ask'd me, if Mr. Barnard was at my house? I said, Leave any message, I'll deliver it to him; he said, he wanted to see him that evening; he left his message, I delivered it to him, and he came rather before 8 o'clock to him. He has used my house some years, always a well-behaved man; I never perceived any extravagancy in him, always a sober regular man. I have heard him speak of having met the Duke of Marlborough, but not till after this; he said he had been to his Grace at his Grace's house; this was as he called at my house, after he had been there.

Q. Did he mention what had passed?

William Ball . No, he did not, only that he had seen his Grace.

Cross examination.

Q. Did he not tell you any thing that pass'd?

William Ball . He did not tell me a syllable of it.

Q. What did you say to him?

William Ball . I told him, may be he was going to have a commission; he said, he would not thank his Grace, except it was a very good one.

Q. How did he appear as to chearfulness, or dullness, or the like?

William Ball . He seem'd to be very chearful, not in the least concern'd, the same as usual, compos'd, rather more chearful.

Counsel. We will now shew his behaviour after he was apprehended.

Mr. Ford. While he was in custody, Mr. Fielding did me the honour of sending for me, he told me it was upon some business which concerned the Duke of Marlborough's life; he asked me to go along with him and Mr. Box to New Prison, which I consented to; we went together in a coach; this was about 12 at night, and Mr. Barnard was then in bed; I have really forgot what day it was: Mr. Fielding told him, he had omitted examining his pockets at the time he was before him; he then search'd his pockets, in order to see whether he had any letters or any writings that might give light into the affair; he very readily let me look into his pocket-book and papers. Mr. Fielding with great candour told him, he was in the hands of a very honourable prosecutor, and one that would be as glad to discover his innocence as his guilt. Mr. Fielding asked him for his keys, and he gave him the keys of his escrutore and compting-house with great readiness; and I remember that I then told him, that, if he was guilty, some copies might be found to correspond with the original letters; and if nothing of that sort did appear, it would be a circumstance in his favour.

Q. Did you or Mr. Fielding tell him he was not oblig'd to part with his keys, and did he do it as matter of choice?

Mr. Ford. I don't recollect that; I know he parted with them very readily.

The Revd. Dr. Markham. I have known the prisoner some years; I have always considered him as a young man of remarkable sobriety and attention to business: I have had some experience of him; I intrusted him with the execution of some matters of importance relating to myself, in regard to surveying and valuing estates, in which he acquitted himself ably and honestly; that is the character he always had: he lives in my neighbourhood, his father is a man of considerable property, and carries on a large business.

Counsel. Then you don't suppose the prisoner to be in distressed circumstances?

Dr. Markham. I never supposed it, I have no reason to imagine it; if he had come to me, wanting money, he might easily have imposed on me; he is one of the persons I chiefly trusted, and I don't know a man on whom I would have had a greater reliance: I thought him remarkably able in his business, and very likely to be a considerable man; and I never was more astonished in my life than when I heard this strange story.

Samuel Cox , Esq; I have known Mr. Barnard about the space of three years last past. The beginning of my acquaintance was on the account of his surveying of houses in the New Square Dean's yard; the surveys were generally made by him; he did his business with such accuracy, that I have always thought him a man very attentive to his business, and very unlikely to be charged with this fact; and upon his being employ'd upon publick schemes, I employ'd him in my own affairs; I employ'd his father to finish some houses for me at Hammersmith, the son was constantly employ'd till the 6th of April last; I have at different times paid to Mr. Barnard about 700 pounds, all, except 50 or 79 pounds, paid into the hands of the prisoner. He has appear'd as the person that manag'd his father's business; If he had come to me, and mentioned any want of money, upon his father's being out of town, or the like, he might have had 2 or 300 l. at any time. When I first was acquainted with him, I observed he had a remarkable short sight; when he has look'd full at me, I have thought he snear'd at me; he has such a fall with his eye-lids on the account of his short-sightedness; I have found his eye so fix'd upon me, that I have been going to speak to him, which, by a long acquaintance with him, I since found was only an accident.

Robert Vansitturt, Esq; I have known Mr. Barnard about 5 or 6 years; my acquaintance with him was by being acquainted with his father, who was employ'd in carrying on a large building for Mr. Lee an acquaintance of mine in Oxfordshire, and this five years I have been acquainted with the son, and frequently in company with him. In the beginning of April he was in my chamber, putting up some book-cases; I remember one morning at breakfast he told me the circumstance of meeting the Duke of Marlborough in Hyde-Park and in Westminster Abbey, in the same way as the court has been told from his Grace and the rest of the witnesses: it appear'd to me to be a very strange story, and he seem'd to tell it as such, as I or any body else would have told it; I suspended my judgment upon it, and never related it to any body, only to my father and another gentleman, and they look'd upon it as a great lie that Barnard had invented; I knowing his character did not take it as such, but thought he must have known it to be as he said.

Q. What is your opinion of him as to his business?

Vansittart. From my own personal acquaintance with him, and from the many surveys, I have seen of his, he certainly is very capable and master of his business. I never heard any thing ill as to his private character.

Q. Did you ever see him write?

Vansittart. No, he draws very well, I have seen him draw.

John Smith , Esq; I have known him eight or ten years, and his father's family twenty-five. He always appeared an industrious, sober, diligent man; particularly within this four or five years, since he has come into business with his father. I considered him as a very promising genius, in his way, and one capable of conducting his business with reputation and character.

Q. Did you look upon him likely to be driven to distress, or in want of a place?

Smith. No, I did not. I can with great truth say, most of the payments in my compting-house, on his father's account, have most of them been paid by the hands of this young man; except the last five hundred pounds: then Mr. Barnard and his wife came over and dined with me and paid it; and then I blamed him for not bringing his son.

Q. What are you?

Smith. I am a timber merchant.

Joshua Smith . I am in partnership with my father, the last evidence. I have known the prisoner several years; I always thought him a very honest, sober man, capable in his profession: the money that has been paid to us lately, except that five hundred pounds has been by him; they never paid less than a hundred pounds at a time except once.

Q. Have you any reason to imagine him in desperate circumstances?

Joshua Smith . There is no reason as I know of to imagine so.

Robert Tunstall , Esq; I have known him two years.

Q. What is his general character?

Tunstall. He is industrious and very capable of his business. His behaviour has been prudent; he is the principal man in his father's business in drawing and scheming.

Peter Brushel . I have known him from a child.

Q. What is his character?

Brushel. I always took him to be a very sober, honest man. His father has done a great deal of business for me, and is now at work for me.

Q. Who did you generally pay the money to?

Brushel. I generally paid the father; if the prisoner had apply'd to me, I would have let him have a hundred pounds at any time.

Q. Is he capable of his business?

Brushel. He is very capable. He drew a plan for me last Saturday was se'nnight.

Q. Do you look upon him to be in desperate or distress'd circumstances?

Brushel. No, I do not.

Q. Has he been always a visible man?

Brushel. Always.

Mr. Jelse. I am the King's mason. I have known the prisoner seven years and more.

Q. Do you look upon him to be capable of his business.

Jelse. I believe he is a very capable man in his business.

Q. What is his general character?

Jelse. Always a very worthy, honest man.

Q. Did you ever see him guilty of any extravagancy?

Jelse. No, never.

Q. Do you live near him?

Jelse. I am a very near neighbour to him, and keep him company on evenings, within this year or two more particular.

William Robinson , Esq; I have known him about six or seven years.

Q. Is he a person capable of his profession ?

Robinson. I believe he is.

Q. What has been his behaviour?

Robinson. I always look'd upon him to be a very sober, diligent, frugal man.

Q. Did you look upon him to be in desperate circumstances?

Robinson. No, not at all.

Thomas Kynaston , Esq; I have known him six or seven years.

Q. What are you?

Kynaston. I belong to the board of works.

Q. What is your opinion of the prisoner's situation?

Kynaston. I think he is in a good one.

Q. What has been his behaviour?

Kynaston. That has been always good.

Keynton Cowse. I have known him seven years, and been in his company many times.

Q. What is his character?

Cowse. He is a very worthy young man, sober and industrious, always attending his father's business?

George Ufford . I have known him about six or seven years; he is a sober, sedate, young man as ever I met with. I have done business for him several times.

Mr. Brent. I have known him upwards of three years.

Q. What is his character?

Brent. He has a good character, he is a very industrious man; I have frequently paid him money.

Mr. Jones. I have known him several years.

Q. What is his general character?

Jones. He is a very honest; no ways extravagant, that could lead him into a desperate state; he is as moral a man as any I know, and has as good a character.

Mr. Wilson. I have known him about seven years.

Q. What has been his behaviour during that time?

Wilson. It has been always very well. I always look'd upon him as an honest man.

Q. Did you ever look upon him to be in a desperate way in his fortune?

Wilson. No, never.

Q. to Mr. Barnard the elder. Where was you when your son was sent for to the Duke of Marlborough's?

Mr. Barnard. I was then out of town. I have not been in town above one week this five or six weeks.

Acquitted .

He stood a second time indicted by the same name of William Barnard , for feloniously sending another letterto the most noble Charles Duke of Marlborough , sign'd F. demanding two or three hundred pounds .

No evidence appearing against him, he was acquitted .

217. (M.) Daniel Stevens and Anne Prettyman , spinster , were indicted, the first for stealing two linen sheets, value 18 d. the property of James Hasleton , and the latter for receiving the same, well knowing them to be stolen , May 3 . +

James Hasleton . I live at the Bull-head, Peter's-street, Westminster . The prisoner, Stevens, was suspected to have taken the two sheets mentioned in the indictment. I took him up last Wednesday morning.

Q. What is he?

Hasleton. He belongs to the first regiment of guards .

Q. Does he belong to the battalion that is gone to the Isle of Wight?

Hasleton. He does; he confess'd he took them.

Sarah Robertson . Anne Prettyman brought me a sheet last Friday morning. I ask'd her whose it was, she said it was honestly come by; so I took it in.

Q. What did you lend her upon it?

Robertson. I lent her two shillings upon it, the prosecutor has seen it since and claim'd it. I have known the prisoner about four years. I never knew any harm by her in my life.

Q. What business does she follow?

Robertson. That I don't know.

Isabella Clark. The man at the bar came to me one day last week, and desir'd me to keep a sheet for him till he came for it, which I did. He said he had a room of goods, and that sheet was all he had got left.

Eleanor Hancock . I am servant to the prosecutor. The two sheets were my master's property, and were taken from off the prisoner's bed where he lay. I heard him own that he took them away.

Joshua Nailor . I am the officer. I took the two prisoners up last Wednesday was a week ( the two sheets produc'd in court).

Prosecutor. These are my property.

Nailor. One of these we found at Mrs. Robertson's, and the other at a chandler's-shop by Stevens's directions.

Stevens's defence.

I know nothing of the taking the sheets away, it was a woman that I liv'd with that took them away; she went by my name.

Prettyman's defence.

Stevens's wife brought that sheet to me to pawn for her.

Stevens guilty , Prettyman acquitted .

218. (M.) Caleb Davies , Gent. was indicted for falsely making and counterfeiting a certain deed, or indorsement, called a replevin bond, from Morris Davies , John Jones , and Cadwallader Lloyd , to sir John Price , bart. high sheriff of the county of Montgomery, with intent to defraud Cadwallader Lloyd , 1752 .

The prosecutor was called, but did not appear. He was acquitted .

After which Mr. Davies addressed the court to to the following purport.

My lord,

I beg to be indulged, with a few words; this is a deep conspiracy against me by John Hollis and William Jones , attorneys, and one Calverley Pinckney, and Sarah Hill, my late servant. Pinckney and Jones being very poor, I did them several acts of charity; and in return, they offered their assistance in my business, which might interfere with an employment I then had under the late Mr. Sharp solicitor to the treasury. But they proving deceitful, and of little or no service to me, and having been guilty of breaches of trust and imbezzlements, I discharged them. The replevin bond mentioned in the indictment was entered to sir John Price , the high sheriff, for cattle distrained for arrears of rent, due to my late mother, and both bond and assignment were prepared and executed before the deputy sheriff. Mr. Hollis was concerned for the persons mentioned in the bond; he having before, tho' very unjustly, conceived malice against me. Afterwards Jones and Pinckney having most basely attempted to extort a large sum of money from an innocent person, I used means to frustrate their scheme; for which they declared vengeance against me. The manner and circumstances of this conspiracy I need not now mention: if the honourable court will please to grant me a copy of my indictment, I doubt not but to make it appear. I have here an advertisement drawn up by the said William Jones , to which he signed his name in the presence of divers witnesses; two of them are in court to attest the same if required. ( They were sworn in court. It is read to this purport.)

Whereas I William Jones , of Mays Green, in the county of Montgomery, attorney, did, in Midsummer sessions, 1753, at Hickes's Hall, indict Mr. Caleb Davies for a pretended forgery. and did since make two affidavits against him; the one of his owing me 30 l. the other 81 l. in order to arrest and hold him to bail thereon; now I do hereby acknowledge that the charge in the said indictment, and also the contents of the said two affidavits were absolutely false and groundless, and maliciously contrived by me and others to injure him in his character and business; for which I declare myself heartily sorrowful, and do hereby ask his pardon.

William Jones .

To the printer of the Daily Advertiser, or any other of the public news papers.

Sirs,

I desire you, or either of you, will please to insert the above advertisement in your paper. Dated this 8th day October, 1756.

William Jones .

Witness John More , Timothy Eglinton , Timothy Lloyd , Thomas Spencer , Joseph Beechey .

The court granted him a copy of his indictment.

Richard William Vaughan , William Boodger , James Cotes , and William Stevens , were executed, pursuant to their sentence, on Monday the 1st of May.

Mary Carney , capitally convicted for a forgery in May sessions, 1751,

Elizabeth Meadows , otherwise Willis, for shoplifting, in October, 1751,

Mary Main , for stealing goods in a dwelling-house in May, 1754,

John Moody , for shooting off a pistol at his wife in January, 1755,

Gabriel Savoy , for a burglary in Feb. 1757,

Mary Jones , otherwise Baxter , for returning from transportation before the expiration of her time, in April, 1757.

Ann Merritt , for shop-lifting, in April, 1757,

James Wales , for beastiality, in July, 1757,

Richard Benham , for sheep-stealing, in December, 1757.

Philip Riley , for stealing goods in a dwelling-house, in September, 1757.

Elizabeth Allen , for a burglary, in January, 1758. and Edward Humphreys , for a burglary in February, 1758, received his majesty's most gracious pardon, on condition of being transported, during the term of their natural lives; and

John Burroughs , for stealing a bullock, in May sessions, 1756, for the term of 7 years

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

Received sentence of transportation for seven years, 8.

Edward Shackleton , Mary Bricklebank, Thomas Turner, John Frost , William Coffield , Andrew Worcester , otherwise Worster, John Latter , and Anne Hurst .

Sentence respited, 1.

Daniel Stevens .

To be whipped, 3.

John Cambridge , Sarah Harrold , and Sarah Lovewell .

Richard William Vaughan , William Boodger , James Cotes , and William Stevens , were executed, pursuant to their sentence, on Monday the 1st of May.

Mary Carney , capitally convicted for a forgery in May sessions, 1751,

Elizabeth Meadows , otherwise Willis, for shoplifting, in October, 1751,

Mary Main , for stealing goods in a dwelling-house in May, 1754,

John Moody , for shooting off a pistol at his wife in January, 1755,

Gabriel Savoy , for a burglary in Feb. 1757,

Mary Jones , otherwise Baxter , for returning from transportation before the expiration of her time, in April, 1757.

Ann Merritt , for shop-lifting, in April, 1757,

James Wales , for beastiality, in July, 1757,

Richard Benham , for sheep-stealing, in December, 1757.

Philip Riley , for stealing goods in a dwelling-house, in September, 1757.

Elizabeth Allen , for a burglary, in January, 1758. and Edward Humphreys , for a burglary in February, 1758, received his majesty's most gracious pardon, on condition of being transported, during the term of their natural lives; and

John Burroughs , for stealing a bullock, in May sessions, 1756, for the term of 7 years

.

Just published, Price bound 8 s.

(The Third Edition corrected)

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

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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 )

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