Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 October 2014), September 1758 (17580913).

Old Bailey Proceedings, 13th September 1758.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 13th, Thursday the 14th, Friday the 15th, and Saturday the 16th, of SEPTEMBER.

In the Thirty-second Year of his MAJESTY'S Reign. NUMBER VII. for the YEAR 1758. Being the Seventh 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 of the City of London; the Right Hon. Sir JOHN WILLES , Lord Chief Justice of the Court of Common-Pleas* ; Sir RICHARD ADAMS , Knt. one of the Barons of the Court of Exchequer +; Sir WILLIAM MORETON , Knt. Recorder ++; and others his Majesty's Justices of Oyer and Terminer for the said City and County.

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

London Jury.

Robert Streams ,

William Stagg ,

John Bundey ,

John Walker ,

John Burdett ,

George Ringwood ,

William Weal ,

John Beatson ,

Thomas Fletcher ,

John Pultney ,

Henry Cooke ,

Thomas Allen ,

Middlesex Jury.

John Simmons ,

James Palmer ,

William Houghton ,

John Bennet ,

William Burton ,

John Davis ,

Charles Wale ,

John Wesly ,

James Filewood ,

James Mitchell ,

Benjamin Crompton ,

James Phillips .

257. (M.) Isabella, wife of John Butler , was indicted for stealing one silver tankard, val. 30 s. the property of John King , August 18 . ++

John King . I am a publican , I lost a silver tankard the 18th of last month; we had a suspicion of her, she being in my house about that time; we took her up with a warrant, and before the justice she confess'd she took it out of my house; and as we were going to the Watch-house, she carried us to the place where she carried it; we were there three or four hours; she said she left it there for a trifle of money, but the woman of the house has not been there since. I have not got the tankard.

Q. What was her name?

King. Margaret or Mary Cuddy ; the house is on Salt-petre-bank.

Patrick Carty . I was the constable that took the prisoner up, by Mr. King's order. I searched the house where she lodg'd in Worcester-street, Old-Gravel-lane; we took her before justice Scott, she would not own any thing there, but afterwards going to the Watch-house, she owned to the taking it. She said she would bring us to the house where she had left it, for a small trifle of money. We went to that house, but could not find the woman of the house; the back door was open, and the print of a woman's feet going out at it.

The prisoner did not say any thing in her defence.

Guilty .

[Transportation. See summary.]

258. Millicent Elisby , spinster , was indicted for stealing one tabby gown, value 10 s. and one petticoat, value 2 s. the property of Letitia Badslade , May 25 .

The prosecutor did not appear, acquitted ; the recognizance was ordered to be estreated.

259. Mary Walker , otherwise Douglass , was indicted for stealing two linen sheets, value 4 s. and one blanket, value 2 s. the property of William Lardeer , July 5 .

The prosecutor did not appear, acquitted ; his recognizance was ordered to be estreated.

260. Mary, wife of Thomas Lewis , was indicted for stealing one cloth coat, value 5 s. the property of Joshua Murphy .

The prosecutor did not appear, acquitted ; his recognizance was ordered to be estreated.

261. Anne Sewton , spinster , was indicted for stealing one linen shift, value 12 d. one linen cap, value 6 d. and four shillings in money, number'd , the property of George Burton .

The prosecutor did not appear, acquitted ; his recognizance was ordered to be estreated.

262. Joseph Simpson was indicted for stealing one allopean coat, value 8 s. 6 d. the property of Jonathan Graven , June 25 .

The prosecutor did not appear, acquitted .

263. Edward Barton was indicted for stealing four trusses of hay, value 7 s. the property of Samuel Roberts and Co. August 8 .

No evidence appeared, acquitted .

264. (M.) Michael Drawater was indicted for stealing one wooden chest, value 18 d. one fustian frock, value 10 s. one pair of fustian breeches, value 3 s. two cloth coats, value 10 s. one pair of buckskin breeches, value 7 s. four waistcoats, value 3 s. one pair of silver buckles, value 5 s. and one linen shirt, value 1 s. the property of Abraham Baker , July 26 .*

Abraham Baker. I live in Haunch of Venison Yard, Lower Brook-street , and keep post-chaises and saddle-horses to let out . I lost the goods mentioned in the indictment; they were in the chest locked up. (He names them over with the value of each.) I went out and left them in my room seven weeks ago last Wednesday, and when I returned at about 11 o'clock at night, they were taken away.

Q. What is the prisoner?

Baker. I gave him liberty to lie a night or two in my hay-loft, he being a poor fellow. He was missing when the chest was. He was found with one of my coats and two waistcoats on his back: on the Friday following, he owned to the taking all the things; and also told us where he had sold the other things, we went, and found them accordingly.

Thomas Procter . The prisoner at the bar sold me this frock, and a pair of breeches, and a pair of buckles, (producing them, and deposed to by the prosecutor.) I gave him 13 s. and 6 d. for the frock and breeches.

Prisoner. He gave me but a 9 s. piece.

Guilty .

[Transportation. See summary.]

265. (L.) Richard Wyman was indicted for stealing nine china coffee-cups, value 9 d. seventy-two china tea-cups, and seventy-two china saucers, value 4 s. the goods of Charles Vere , July 13 . ++.

Charles Vere . I live in Fleet-street , and keep a china-shop ; on the 12th of July I lost the China mentioned in the indictment, out of my shop; the prisoner was my servant between two and three months; he was detected by one of my servants. I took him before justice Fielding, and the goods were produced there; he was charged with taking them, and he confessed to the taking them before me and divers others. He made a declaration who was the receiver of these goods in Clare-market; the court of Conservancy was sitting, so that I could not take him before a city magistrate, so was obliged to go before justice Fielding.

James Anson . I am servant to Mr. Vere, there had been a china dish missing, my master examined us about it, it could not be found. I mistrusted the prisoner. My master sent us down after this into the warehouse; he went farther in it then I did, and staid some time there; as he came up, I set my foot on his basket, and felt china in it. I put my hand in, and took out a coffee-cup; then I let him take the rest out, there were nine of them; we came home, I told my master of it; he owned he had taken them, and also that he had taken before seventy two cups, and seventy two saucers, my master's property.

The prisoner had nothing to say in his defence, Guilty ; he received sentence to be branded, and was branded accordingly .

266. (M.) John Briner was indicted for receiving seventy two cups, and seventy two saucers, part of the said goods, well knowing them to have been stolen, by the said Richard Wyman , July 13. +

[The record of the trial and conviction of Wyman read in court, wherein it specifies he pleaded not guilty, put himself upon his country, the jurors say Guilty; judgment to be branded in the hand, and he was branded accordingly.]

Richard Wyman . I was a servant to Mr. Vere .

Q. Was you convicted for stealing the seventy two cups and seventy two saucers, laid in this indictment.

Wyman. I was, and some coffee-cups, the coffee-cups were in the basket unknown to me; I had no intention of stealing them; this was on the 13th of July.

Q. What happened after this?

Wyman. My master missed a blue china dish out of the house.

Q. Do you know any thing of seventy two china cups, and seventy two saucers?

Wyman. Yes, them I bought of a sailor's wife, I think she was.

Q. When?

Wyman. About the 9th or 10th of July.

Q. Where did you buy them?

Wyman. I met her in the street in Cheapside.

Q. What did they cost you?

Wyman. Some cost me 3 s. 6 d. and some 4 s. a half dozen.

Q. Did you buy them all at one time?

Wyman. No, I bought them at two different times.

Q. How many did you buy the first time?

Wyman. I bought seven half dozens at one time, and five at the other.

Q. When did you buy the first parcel?

Wyman. On the 9th of July.

Q. When did you buy the other?

Wyman. The next day but one after.

Q. What did you give for the first parcel?

Wyman. I gave 3 s. 6 d. per half dozen for part of each parcel. They on the 9th of July cost me 25 s. the other cost me 16 s.

Q. Did you buy both parcels of one woman?

Wyman. I did.

Q. What time of the day did you buy the first parcel?

Wyman. I bought them in the afternoon about four o'clock.

Q. What time did you buy the second parcel?

Wyman. In the forenoon.

Q. Where was you going at the time you met this woman?

Wyman. I was going on some business for my master into the town.

Q. Can you tell which way you was going?

Wyman. I was going down Cheapside when I met her the first time.

Q. Which way was you going the second time?

Wyman. I was going along Fleet-street, and met her without Temple-bar in the Strand.

Q. Did you appoint her to meet you?

Wyman. No, I did not, I met her both times by accident.

Q. Did you ever buy any thing of her before?

Wyman. No, I never did?

Q. Did she offer these cups and saucers to you, or did you ask her?

Wyman. She offered them to me; she saw I had a china-basket on my arm.

Q. How did she carry her china?

Wyman. She had it in her apron.

Q. Were these the very same cups and saucers that you was indicted for this sessions?

Wyman. They were the very same.

Q. What did you do with them after you bought them?

Wyman. I went and sold them to the prisoner, John Briner .

Q. Where did he live?

Wyman. He lived in Clare-market.

Q. What is his business ?

Wyman. He keeps an earthen-ware shop.

Q. When did you sell them to him?

Wyman. I sold one parcel the 12th day, and told him I would get him some more.

Q. What did you sell the first parcel for?

Wyman. I sold the first seven sets, but we had not agreed, some he was to give 3 s. 6 d. and some 3 s. 9 d. per set. I received a guinea of him in part, we were to agree on that the next time we met. I was in a hurry, and could not stay.

Q. Did you ever deal with him before?

Wyman. No, I never did.

Q. How came you to deliver them without making an absolute bargain ?

Wyman. I took them with me, it being in my way, and I could not stay, so he gave me a guinea then in part.

Q. Was this the same day that you bought them?

Wyman. No, it was the day after but one; I bought them the 9th, and sold them the 12th.

Q. What did you do with them between the 9th and the 12th.

Wyman. I locked them up in my box, in the room where I lay.

Q. Did you shew them to any body?

Wyman. No, I did not, but carried them directly to my box.

Q. When did you sell the rest?

Wyman. I sold them a day or two afterwards; I cannot truly say which day that was he bought the five sets.

Q. For how much did you sell them?

Wyman. Mr. Briner was not within when I carried them, and I left them with his wife.

Q. Did you leave any word with her when you left them?

Wyman. No, I did not, but told her I would call again when he was at home.

Q. Did you ever call?

Wyman. No, I did not, so I never had any thing for them.

Counsel for prisoner. Did Mr. Briner ever receive of you any cups or saucers, knowing them to have been stolen?

Wyman. No, never, he had no reason to suspect I stole any.

C. for prisoner. Did you steal any of them?

Wyman. No, I did not, I never wronged my master of any thing.

Q. How long had you known him?

Wyman. I have known him this two years or better.

Q. Where did you live before you lived with Mr. Vere?

Wyman. I lived with a silversmith before near Temple-bar.

Q. Did the prisoner know that you lived with Mr. Vere at the time he bought these things of you?

Wyman. He did know that.

Q. Did he ask you any questions when he bought the first parcel of you?

Wyman. No, he only asked me who I bought them of; and I said of a sailor's wife.

Mr. Vere. This evidence confess'd the taking these cups and saucers, and owned they were my property, after he was detected, before abundance of witnesses, that I could produce.

Q. Do you know any thing of your own knowledge about it, besides his confession of the prisoner's receiving the goods, knowing them to have been stolen?

Vere. The cups and saucers were found in the prisoner's house. We had a constable and a search warrant to search his house, from justice Fielding. The evidence, Wyman, went along with us, and took down the china from the different shelves in th e shop, and said it was my property.

Q. What is the constable's name?

Vere. His name is Arthur Smith .

Arthur Smith . I had a warrant to search the house of the prisoner, in Clare-market; he was not at home, we found those cups and saucers on different shelves in the shop; (producing the China mentioned in the indictment.)

Q. Who found them ?

Smith. The evidence Wyman went to the shelves and took them down, and said they were Mr. Vere's property.

Vere. These are of the same patterns and kinds that I have a great number of; I cannot swear to the identity of them, for any other of the trade may have of the same patterns; I have nothing to go by, but the confession of Wyman.

Court. A confession out of court will not go beyond what he swears in court.

Vere. The prisoner own'd he had bought several sets of china of my servant, and that those he bought of him, and he gave him a guinea for the first seven sets; that the five sets were brought afterwards, which he had not paid him for. Before justice Sydenham he said he did not know that Wyman was my servant, but that he knew he lived with a china-man, but did not know with whom; he afterwards said otherwise, he said he thought by the price that they could not be honestly come by, and he had an intention of coming to me, to acquaint me with it. The second time of examination he said he did not know how he came by the five sets, that he found them in his shop. I asked him what day, he said he believed the Friday or Saturday; this was over night, when examined the next morning, he said he found them on the Friday morning on a bulk.

Q. What is the value of those seven sets of cups and saucers?

Vear. They cost me on an average about 4 s. 6 d. a set.

Prisoner's defence.

I am innocent of the affair; I bought them, but I did not know them to be stolen; I gave him a guinea in part for the first parcel; I was not at home when he brought the others.

Acquitted .

The goods were delivered to the prosecutor in court.

267. (M.) Anne Brown , spinster , was indicted for stealing five napkins, value 5 s. and three linen clouts, value 1 s. the property of William Edwards , September 7 .*

William Edwards. I live in Grays-inn-lane , and am a grocer ; the prisoner lodged in my house with another woman; the things mentioned were missing, and were afterwards found upon the prisoner.

Q. Did you hear her examined?

Edwards. I did, she said they were none of her things, and that she knew nothing of them.

Anne Evans . I am servant to the prosecutor, ( she produced the things mentioned in the indictment,) I found these things in the prisoner's box.

Q. Was it lock'd ?

Evans. No, it was not. I ask'd her if they were her own, she said they were not, they were my master's property.

Catharine Wood . I lodge in the prosecutor's house, I saw Anne Evans take these things out of the prisoner's box.

Q. Did the prisoner say they were her own ?

Wood. No.

Acquitted .

268. (L.) Robert Butterworth , was indicted for stealing one pound weight of indico, value 10 d. the property of John Longden , July 13 .*

John Longden. I live in Thames-street; about the 13th of July last, the prisoner took about the quantity of a pound of indico, my property.

Q. How do you know he took it?

Longden. It was found upon him.

Q. What did he say for himself?

Longden. He said he wanted to dye a pair of stockings blue. I took him before Mr. alderman Chitty, there he confessed he took it. I have enquired since, and find he bears a good character.

Prisoner. It is the first offence I ever was guilty of in my life.

For the prisoner.

William Badder . I am a serjeant in the same company to which the prisoner has belonged these two years.

Q. What is his general character?

Badder. He has a very good character.

John Roberts . I have known him better than twelve months, he always behaved well in my house. I never saw any thing by him but civility and honesty.

Guilty .

[Whipping. See summary.]

269. (L.) John Downs , was indicted for that he, on the 12th of August, about the hour of three in the night, the dwelling-house of Margaret Taylor , widow; did burglariously break and enter, and one pair of silver shoe buckles, value 10 s. three silver tea-spoons, value 3 s. one small knife, value 1 d. one gold ear-ring, value 6 d. one five guinea piece, one three pound twelve, eighteen thirty-six shilling pieces, ten moidores, fifty guineas, and forty shillings, in money, the money of the said Margaret, in her dwelling-house, did steal, take, and carry away .

It was laid over again, that he being in the house in the day-time, did burglariously break out of the said dwelling-house, in the night-time. *

Margaret Taylor. I live in St. Mary Ax , and keep an alehouse ; on Saturday the 12th of August, I was rob'd of all I had.

Q. Can you tell who rob'd you?

Taylor. The prisoner lived with me above twelve months, and some of the things were found upon him; the things that were in my pocket on the Saturday night, were in his pocket on the Sunday morning.

Q. What time did you go to bed on Saturday night ?

Taylor. At 12 o'clock; and arose at 7 in the morning.

Q. Was any part of your house broke open?

Taylor. My maid got up first; and came and told me that my cellar door, that was bolted with two bolts, was open; she told me she found my keys thrown about the cellar, and she brought them up to me. I told her I had put them into the till of my table, by my bed-side.

Q. Are you sure you put them there?

Taylor. I am certain I did.

Q. Did you go to those several places that those keys lock'd?

Taylor. These were the keys of my cupboards, and places where I kept my liquors.

Q. Where was the key where your money was kept?

Taylor. It was in the bureau where I left my money. I double lock'd the bureau, and left the key in.

Q. Where was your bureau ?

Taylor. It was at my bed's feet, in the room where I lie. When I came to look there, I found my lock spoiled and all my money gone.

Q. Was all this money mentioned in the indictment, in that bureau?

Taylor. It was. I had put some in when I went to bed.

Q. Did it appear to have been forced open?

Taylor. By pulling, the wood was forced, so that I was obliged to have the smith to mend it. My shoe buckles were in my shoes, and the teaspoons in my pocket at my bed's foot, and my ear-ring and little knife.

Q. When you missed all this money, what did you do ?

Taylor. I had some friends came in and desired me to advertise my loss. After it was advertised, there came a man out of Rosemary-lane, and said that this man at the bar came into his shop, and had a great deal of gold in his pocket; and he had bought all new cloaths, and changed his old ones, he did not name the prisoner, only described him; he had bought a shirt, and stockings, and other things.

Q. What day was this ?

Taylor. This was on the Monday morning about 10 o'clock.

Q. How long had the prisoner been gone from your service?

Taylor. He had been gone about fourteen months.

Q. Did you guess it to be the prisoner?

Taylor. A neighbour stood by, and said it is your Jack that liv'd with you.

Q. What did you do upon that?

Taylor. The man said, I have got a knife and an ear-ring, which were in his pocket, I will fetch them, may be you may know them; he brought them to me, I knew them to be mine, and in my pocket on the Saturday night. Then my neighbours set out to see for the prisoner, they took him and carried him before justice Fielding; they searched him where they took him, on Saffron-hill, as they told me. They brought 22 l. and some half-pence, which they said they found upon him. I was at justice Fielding's with him, he said he found this money in the Fleet-market. I ask'd him where he found my buckles, he said along with it. He owned he changed the buckles and three tea-spoons, to buy a pair of buckles for himself. He said he was not in my house on the Saturday night after he went out at 9 o'clock.

Q. Did you see him in your house on Saturday night?

Taylor. I did. He would not confess at the justice's.

John Linstead . I live at the crooked-billet, Rosemary-lane. I am a stocking-maker by trade; but I keep a little shop, and sell linen and other things. The prisoner at the bar came to my house to buy a shirt, and he bought also a pair of stockings, and a stock, on the 13th of last month about 9 or 10 o'clock; he had bought a hat of Mr. Boyce, and changed a three pound twelve to pay for it.

Q. How do you know that?

Linstead. Both the prisoner and Mr. Boyce told me so; and the prisoner owned the same before justice Fielding. He had bought a suit of cloaths of Mr. Johnson in Rosemary-lane; he had the cloaths on his back before the justice. Johnson is not here. After he had bought these cloaths he came to my house, and he went to be shaved, and left all his new cloaths in my house. He returned and shifted himself in my house; he went backwards and pulled out silver spoons, and a handful of broad pieces of gold, in the sight of a woman, who told me of it, the moment he went out. He said I have been five hours in this lane laying out money; I have received 40 l. and have taken 10 shillings in half-pence. Next morning I read the advertisement of Mrs. Taylor's losing 130 l. in St. Mary Ax; I went to her, and acquainted her with what I had observed. I describ'd the prisoner, and mentioning spoons, she said there were some spoons gone with the rest of the things. She and the servants said, sure it is not Jack, or John Downs . Then I said I had all his old cloaths in my house, and an ear-ring and a knife, which I found in his breeches pocket. I went and fetch'd them; and she owned the knife and ear-ring immediately, and her servants said the same. He had put a pair of square silver buckles into his shoes; and when he was before justice Fielding he had a pair of round ones on.

Q. to Mrs. Taylor. What sort of buckles were yours ?

Taylor. They were square ones.

Linstead. I told the prisoner before the justice, they were not the buckles that he put in his shoes at my house; he said they were, a good while; but at last he owned that he had changed them and the spoons away to a silversmith, for a pair of new buckles. I went where he directed, and amongst a number of buckles, I picked them out. He is here and will give an account. ( The knife and ear-ring produced in court.)

Mrs. Taylor. These are my property.

Thomas King . I am sixteen years of age next January. I am servant to the prosecutrix, the prisoner came in, and called for a penny-worth of beer on Saturday night about nine o'clock. I drew it, he followed me down the stairs, he went down one pair of stairs, and I another. Some time afterwards I went to draw some more beer, he was left below. I called to him thro' the door to know if he would have a candle; he staid there I believe ten minutes; he made an excuse to go to the little-house. He came up and drank his beer, and went away directly.

Q. Did you see him afterwards ?

King. No, I did not. The next morning I told her he had been down in the cellar. There was a neighbour called to me, and said, Tom how came you to leave your cellar window open.

Q. Did you leave it open?

King. No, I did not. It was shut on Friday night.

Q. to prosecutrix. Was there any lock to that cellar door?

Prosecutrix. There were two large bolts.

Q. Was it bolted when you went to bed over night?

Prosecutrix. That I do not know.

Q. to King. Is this the cellar window that the prisoner went into?

King. It is.

Susannah Draper . I am servant to the prosecutrix, Mrs. Taylor; on the 13th of August, a Sunday morning, it was just half an hour after six o'clock in the morning, when I came down by the dial. I went down into the cellar; one has the necessary, the other the beer. Going to step into the necessary, I kicked something before me; I found it to be keys; I groped about being dark, I picked up some large and some small ones; I knew them to be my mistress's keys.

Q. Was that window bolted?

Draper. I am sure it was bolted on the Saturday; it is never opened but when the brewers come. As I was coming up out of the cellar, a neighbour called, and said your cellar window is open. I was afraid my mistress was murdered, and dared not go up for some time. I called her once or twice before she answered me. I went to the side on her bed, and told her I found her keys off the ring, and the cellar door open. She got up and missed her gold and things, and said I have lost all I had in the world. I put her things on, she was in such a flutter. I missed he buckles out of her shoes; after she was gone down she said she had some money in her pocket at the foot of the bed. I went up for it, and it was all gone. She had not a half-penny left in the house, neither gold, silver, or brass. On the Monday morning about 10 o'clock Mr. Linstead came, and asked my mistress if she had any suspicion of any body committing the robbery; he described the prisoner at the bar, we all said it was Jack Downs . He went and brought the ear-ring, and we knew it, our boy having found it in the tap-room the Tuesday before, and delivered it to my mistress; she said if any body owned it, they were to have it, if not it was her own; and she put into her pocket.

Cross examination.

Q. What time did you see the cellar door fast?

Draper. On the Saturday between 12 and 1 o'clock. I found my mistress's chamber door open, and the lock was wrench'd.

George Smith . (Produced three tea-spoons and a pair of square silver buckles.) On the 14th of August the prisoner came to our shop, and asked me to look at some buckles.

Q. Where do you live?

Smith. At the golden cup at Holborn-bridge. I shewed him some; he pitched on a pair, when he went to pay me he pulled out these, and asked me if I would take them in exchange.

Mrs. Taylor. These are my buckles, which were in my shoes when I went to bed; the spoons are mine, here is one of the fellows to them. (Producing one.)

Smith. I took these buckles in exchange. On the Thursday following there came Mr. Webb and Mr. Linstead to demand the buckles and spoons. I went with them to the justice's, the prisoner was gone to Newgate. Mrs. Taylor was gone, but she called on me another day, and owned the things.

William Townshend , Wine-merchant. On Tuesday we had intelligence that the prisoner had been seen on Saffron-hill, on Sunday and Monday. We got a warrant of justice Fielding. I and two other neighbours agreed to go. We took him about 11 o'clock. I searched him, and found nineteen guineas, four half-guineas, six pence, and three pence in half-pence, and a watch; (producing it.) I found several bills in his pocket, where he had been laying out money, to the amount of about 20 l. more, for household goods; I asked him how he came by the money, he said he could give a very good account of it before the justice; his mistress asked him how he could serve her so, who had been so good to him; he turned round and said, you cannot say I have hurt you. On the Thursday before the justice, when I asked him what he had done with the money; he said there was not above 70 l. part of which you have got, and part I laid out for the goods. I told him that did not amount to 70 l. he said he had spent some little, and some he had given to the girl that was with him.

William Townshend , Distiller. I am a neighbour to the prosecutrix, and went with the last evidence to apprehend the prisoner at the bar. I took an account of what was found upon him, in gold nineteen guineas, four half guineas, six pence, three pence, a silver watch, tradesmen's bills to the amount of 21 l. 9 s. 2 d. ++.

Prisoner's defence.

I found to the amount of upwards of 70 l. in the New-market; the buckles and tea-spoons.

For the prisoner.

John Hine . I know the prisoner, he is about seventeen years of age; as far as I have hear d he is a very honest, and a very harmless lad; I always heard a good character of him.

Q. Did you ever see him flush of money?

Hine. No, never.

Thomas Wood . I have know him this four years, he bears a very good character.

Peter Maclawlin . I have known him almost seven years, I always heard a good character of him.

- Downs. I am his father; he is seventeen years old the nineteenth of May old stile.

Guilty , Death .

270. (M.) Sarah Finch , spinster , was indicted for stealing two linnen gowns, value 12 s. one cambrick apron, value 10 d. one linnen handkerchief, one silk bonnet, and two linnen gowns , the goods of John Baptist Mason , July 29 . ++

John Baptist Mason. The prisoner was my servant , she absconded, after which my wife missed the goods mentioned in the indictment. I went and took her in the afternoon, and found one of the linen gowns under a bed in the same house where I took her, she delivered a handkerchief and apron out of her pocket to my wife. She is ill and cannot attend the court. I carried her before justice St. Lawrence, there she said she was guilty of the fact which I charged her with ( that was, with robbing me of these goods.) (The goods produced in court and deposed to.) She gave an account where she had pawn'd the other gown, and I went and took it out.

William Ward . I am servant to a pawnbroker, one Frances Evans brought and pawned this gown to us, and Frances Evans owned she brought it to our house.

Frances Evans . I had this gown from the prisoner, to pawn for her, I did to this young man, and brought the money to her.

Prisoner. I did give her that gown to pawn, but know nothing of the other things.

Guilty .

[Transportation. See summary.]

271. (M.) George Babb , was indicted for stealing one sorrel mare, value 6 l. the property of Richard Davis , August 14 . ++

Richard Davis . I live at Hackney , and am an apothecary , on the 14th of August, in the evening, I left my mare at the rails at Mr. Brooks's at Hackney; while I was visiting a patient, I missed her from the door. I had hung her on the palisade, and in about a quarter of an hour, coming by that place, I saw her again held by the hand of a young man, whom I was informed was the prisoner at the bar, it was so dark I did not observe him so as to know him again; there were two other persons disputing with him, one said the other had no business with her, the other said he had good reason to ask him, being a stranger, what business he had with her, or to that purport; the young man held her while I mounted, and I rode on 2 or 300 yards to another patient; I ride with a double bridle, there I buckled the long rein to a rail. I have a buckle for that purpose about the middle of that rein. I staid in that house about ten or fifteen minutes; when I came out the mare was gone again, and no bridle remaining on the rail. Some time after I found her in the possession of my servant and a gentleman, who had got the prisoner with them; then I sent for an officer, and next day took him before justice Fielding, where he said he was in liquor, and knew little or nothing about the mare.

Q. How did you find the rein of the bridle?

Davis. The rein was cut.

Richard Pettit . I am servant to Mr. Davis, I was sent to see for the mare, by my master, when she was lost; I came home again and could not find her. I was sent out with some medicines, and going along the road, I found the prisoner on the back of her.

Q. How far was this from the place where your master missed her?

Pettit. It was about half a mile distance.

Mr. Davis. She was lost from Mare-street Hackney, opposite Mr. Batcheldor's house.

Pettit. That is about half a mile distance from the place where I found her.

Q. Was the prisoner going towards London or the country?

Pettit. He was going towards the country, Essex or Hertfordshire; the bridle was cut and hung down. I told him I thought he rode in danger, as his bridle was under the horse's feet. I then did not know it was my master's mare. I went near to him, he said he would satisfy me if I would get him somebody to mend it; when I discovered the mare, I kept him in discourse till I got him to a publick house; there I got a person to assist me, and brought him and the mare to my master's house.

Q. What time was this?

Pettit. This was very near 10 o'clock at night, my master had been at home then about half an hour.

Q. Did you know the prisoner before?

Pettit. I never saw him before to my knowledge.

Q. to prosecutor. What time was it when you missed the mare the last time?

Prosecutor. I apprehend it was more than nine o'clock when I missed her. It was not more than half an hour till she was brought to me, with the prisoner at the bar.

Pettit. When I got the prisoner to that publick house, and charged him with taking my master's mare; he gave the bridle a snatch and wanted to get away, and then he pretended to be very much in liquor.

Q. Was he in liquor?

Pettit. I really think he was not so much in liquor as he pretended to be; before Mr. Fielding he said he did not know how he came by the mare.

William Covey . I was going home the second Monday in August, I saw a man leading Mr. Davis's mare, I call'd to him to know what he was going to do with her; said he, I am leading her about. She having been taken from my door but the Saturday before, made me the more inquisitive about her. He led her from the foot way towards the road. I said to one Simpson that was with me, I fancy that man is going away with her. I ran after him, then he came back with the mare, and began to swear; and was very angry with me for troubling myself about it. Mr. Davis came out, and he held the mare while Mr. Davis mounted; and rode on, and the man followed him. Then I imagined he had come to call Mr. Davis to some patient. Mr. Simpson said to me when we first saw him, this is the man that served his time with Mr. Bosson.

William Simpson . I was going home at that time with Mr. Covey, when we came to Church-road at Hackney, about nine at night or half an hour after, we saw the prisoner at the bar walking Mr. Davis's horse down the road. Covey desired me to stop a little, and said that mare was stole from his door the Saturday before, he call'd to the prisoner, he returned again with the mare; as he pass'd by me, I said I believe I know the man, he served part of his time with a smith. He walk'd her into Church-road, there the prisoner began to abuse Mr. Covey. Mr. Davis soon came out, and mounted, and rode away. Then I told Mr. Covey, I knew that was the same person, which is the prisoner at the bar.

Prisoner's defence.

I had been at Hackney all that afternoon, and was much in liquor; coming down Mare-street, I found the mare loose in the road. I took her by the bridle, and lead her down towards Church-street. I got past Mr. Davis's door; I did not know it was his mare, but when I was told it was his, I was going to bring her back again, and his servant stop'd me.

Acquitted .

272. (L.) Martin Wright , was indicted for stealing one silk handkerchief, value 2 s. the property of Thomas Fenwick , June 29 . ++

Thomas Fenwick . As I was going off the Change about the 29th of June, Mr. Barnes took hold of the collar of my coat, and told me I had lost something; I put my hand into my pocket and found I had lost my handkerchief; Mr. Barnes had hold of the prisoner with his other hand, and said this person has got your handkerchief; the prisoner put his hand into his pocket and pull'd out a handkerchief, and said this is all I have; and my handkerchief was then at his feet.

Mr. Barnes. On the 29th of June, I saw this gentleman going off the Change, with another gentleman; the prisoner put his hand, or part of his hand into his pocket, and took it out and then put it into his own. I took the liberty to take Mr. Fenwick fast by the coat, and likewise the prisoner; I asked him if he had lost any thing, he after some little time, said he had lost his handkerchief; then I said, this man, (meaning the prisoner ) has got it. Soon after we saw it lying on the ground.

Q. Had the prisoner time enough to have taken it out of his pocket and drop it down, before you saw it on the ground?

Barnes. Yes, he had time enough to have dropped it and more, before I saw it.

Q. Did you see it in his hand?

Barnes. No, he took his hand out of Mr. Fenwick's pocket, and put it in his own so quick, that I did not see any thing of it.

Prisoner's defence.

I know nothing of it.

Guilty 10 d.

273. (L.) John Payne , was indicted for stealing six pounds and three quarters of mutton fat, value 21 d. the property of Anne Roughton , widow , August 13 . ++

John Bradley . On the 13th of August between 11 and 12 o'clock at night, I was going to my mistress's shop in the Fleet-market , that is the prosecutrix's; I had a candle, and a bunch of keys in my hand; the prisoner was in the shop, he opened the door and came out; I ran after him, in about two hundred yards running, I brought him to the watch-house; I pulled out four or five keys and a pair of plyers from his pocket; I searched him again, and found to the amount of fourteen pick-lock keys, besides one left in the shop door. He had taken six pounds three quarters of mutton fat, ( here is the bag he had put it in, producing one,) the fat was not taken out of the shop, but left in this bag on the block. (The keys produced in court.)

Cross examination.

Q. Did he tell you he had found the keys?

Bradley. No, he did not.

Q. Did he say he had seen a man come out of your shop?

Bradley. No.

Thomas Clark . I am a watchman; on the 13th of August, after 11 o'clock I heard the cry, stop thief. I went and found this young man had the prisoner by the collar; we searched him and found thirteen keys in his pockets and breeches.

Edward Draper . I am one of the wardens; I was at the watch-house, and saw the keys taken out of the prisoner's coat, and waistcoat pockets, and breeches knees.

Prisoner's defence.

When I was near that door making water, a man rush'd out; I heard something fall, I took them up, and found them to be keys. Just as I was at the door, that witness came and asked me what business I had there, and took me to the watch-house.

To his character.

Richard Brown . I live in St. Martin's-lane, the prisoner lodges in Castle-street; I know he has an estate of his own, it is about 30 l. a year; I believe him to be a very honest man; he might have wronged me of a hundred pounds at a time; he always bore a universal good character.

Q. Where does his estate lie?

Brown. I believe near Kingston in Surry.

Q. What business do you think he could have with all these keys in his pocket?

Brown. I do not know.

James Goodwin . I know the prisoner at the bar he is a man of reputation.

Mr. Weatherly. I live in the house where the prisoner does; I have known him fifteen years, he has received Mrs. Davis's rents for her for years. I have been at Kingston, and on my oath know he has an estate there. I have been with him when he has served ejectments there on his tenants.

Mr. Cheesman. I have known him fourteen years, he is a very honest man.

Mr. Cooper. I have known him six or seven years, there is not a soberer man on earth.

Mr. Dixon. I have known him about three years, he bears a very good character.

Q. to Bradley. Is the prisoner the man that you saw coming out of the shop that night ?

Bradley. I saw him open the door, when he was in the shop, and I spoke to him when he was in it, or as he was coming out.

Guilty .

[Transportation. See summary.]

274. (L.) John Newell , was indicted for stealing twenty pound weight of leaden pipe, and one brass cock, value 2 s. the property of Daniel Russel , esq ; fix'd to a dwelling-house in the occupation of Mary Cashen , widow, August 19 . ++

Mary Cashen . There was a leaden pipe, and a brass cock, taken out of my passage; the property of my landlord Daniel Russel , esq; they were brought back, and the prisoner with them; he was examined, but denied the fact.

John Hunt . I am constable; I seized the prisoner by the collar; I did not see the pipe and cock in his possession; a lad delivered the cock and pipe in Guild-Hall, his name is John Cruse .

Acquitted

He was a second time indicted for stealing three pounds of leaden pipe, value 6 d. and one brass cock, value 4 d. the property of John Hunt , and Thomas Hellin .

John Hunt . The two principal evidences are two apprentices that saw him drop the lead and cocks, they are gone from us since we have been attending the court.

Acquitted .

275. Johanna Keeling , was indicted for wilful and corrupt perjury .

No evidence appeared.

Acquitted .

276. (M.) Margaret Burk , spinster , was indicted for stealing three silk handkerchiefs, value 8 s. the property of Joseph Graham , Sept. 9 . + .

Eleanor Graham . My husband's name is Joseph, I live in the Butcher-row , and am a haberdasher ; on Saturday night last the prisoner came into my shop, and asked for a paper stomacher; I shew'd her half a dozen, she fix'd upon one in about ten minutes, and bid me the price, and laid down 6 d. to pay for it: while she thought I was going to give her change, she cheapened some ribbands; she took hold of a ribband with one hand, and with the other put the handkerchiefs into her apron.

Q. Where did the handkerchiefs lie?

Graham. They lay in the window under the shew-board, with another parcel, three in a piece.

Q. How near the window was she?

Graham. She was standing by the compter, close to the window.

Q. How near was you to her?

Graham. I was on the other side the compter, close to the window; I looked at her at the time.

Q. Did you see her take the handkerchiefs?

Graham. No, but I saw her put down her apron, and I missed the handkerchiefs directly; I asked my sister, that waits in the shop, after the handkerchiefs. she said she had not seen them; then I asked another gentlewoman that stood near the prisoner, she said she knew nothing of them. I was not willing to charge the prisoner with them till I was sure. She said, Mistress, do you think that I have got them. I pulled her apron back, and saw the corner of one; then I said I believe you have got them; upon which she took them from out of her apron, and flung them at me, and d - d, and called me names; (the handkerchiefs produced in the court and deposed to.)

Q. When had you seen them before?

Graham. I had been shewing them to a customer not five minutes before.

Elizabeth Solomon . I was in the shop at the time, I did not see the prisoner take the handkerchiefs, but I saw her take them from her apron. Mrs. Graham asked her after them, the prisoner said, are these your handkerchiefs, d - n you, you bitch, and flung them at her. Mrs. Graham had called to her husband, who was above; she took up the handkerchiefs, and laid them on the compter; the prisoner ran out of the shop, but was soon taken, and brought in again: then she went on her knees, and said it was the first fault she ever did.

Prisoner's defence.

I was coming home, and went into this shop to buy a stomacher, and brushing against the things, the handkerchiefs fell down; the woman said she missed her handkerchiefs, I look'd down, and saw them lying on the ground; I stooped down, and took them up, and gave them to her.

Guilty .

There was another indictment against her for a crime of the same nature, but that being laid only a single felony, she was not tried on that.

[Transportation. See summary.]

277. (M.) Edward Gee was indicted for stealing one silver watch, value 1 l. 10 s. and one silver milk-pot, value 9 s. the property of William Berry , August 12 . +

William Berry . I live in Brick-lane , Old-street ; I am a coachmaker by trade, but I now deal in wood for the coachmakers use . I had two sawyers at work for me, the prisoner at the bar was one, and the evidence the other. On the 12th of August they went through an entry to go into the yard, where they worked, and the door into the kitchen opens out of the entry. In the kitchen, by the side of the chimney, hung my watch. After dinner I went out, and left the watch hanging there. Some time after, my maid came and told me the sawyers were gone from work, and that the watch was missing. I went home, and found it as she said; they came again just at dark; I asked them where they had been, they said to see the soldiers muster; (the two sawyers are soldiers ) I said you need not have taken my watch with you, they swore they had it not. I took them before justice Keeling, but could not make any thing of them. On the, Thursday following my maid missed a silver milk-pot, then I took them both before justice Fielding; I found Evans, the evidence, had got a silver stock-buckle, and a better coat than he had before, from which I strongly suspected that they had the things. Before the justice, Evans confessed the watch was pawn'd on Snow-hill for a guinea, to one Mr. Brown, and that they knocked the milk-pot to pieces, and sold it to a Jew.

Q. Did the prisoner hear this confession?

Berry. No, he was not present at the time.

Q. Did the prisoner confess any thing?

Berry. No, he did not.

Q. Did you find the watch where the evidence said it was pawn'd?

Berry. I did, it was pawn'd for a guinea. (Produced in court and deposed to.)

Francis Rochfort . I am servant to Mr. Brown, a pawnbroker on Snow-hill; on the 12th of August, in the afternoon, the prisoner at the bar brought this watch to me, and asked a guinea upon it; he said it was his own, I lent it him.

Q. What time of the afternoon was it that he brought it?

Rochfort. It was about six in the evening.

Q. Did he tell you where he liv'd?

Rochfort. He said he liv'd opposite to the three cups in Bishopsgate-street.

Q. Was any body with him?

Rochfort. No, he came alone.

Cross examination.

Q. Had you any acquaintance with the prisoner before?

Rochfort. No, I had not.

Q. Have you seen him since?

Rochfort. I saw him at the justice's since.

Q. Was he dressed in his regimentals when he brought it?

Rochfort. No, he was not.

Q. How was he dressed?

Rochfort. He was dressed in a brown waistcoat.

Elizabeth Owen . I am servant to the prosecutor. This watch (taking it in her hand) is the property of my master; it was lost on the 12th of August, between the hours of two and three; the prisoner and evidence worked at sawing for my master, they had been there that morning, till about eleven o'clock; they both came back again, between the hours of two and three, and went into the yard to their saw-pit, they soon came out of the yard through the entry.

Q. Did you see them?

Owen. No, I was up stairs, I saw them through the window go to the saw-pit, and when they came to go through the entry, I called, who is there, the prisoner said, when in the entry, he was going to get a pint of beer: I saw my master's watch hang up in the kitchen, which is near the entry, just before I went up stairs?

Q. Where was the milk-pot?

Owen. That was standing on a little table; I came down stairs in less than a quarter of an hour, and the watch was gone; I went to my master and told him of it.

Q. Was the kitchen door open or shut when you went up stairs?

Owen. It was wide open.

Q. Could they see the watch hanging in the kitchen as they passed through the entry?

Owen. They might easily see it.

Cross examination.

Q. Was it the usual way of going into the yard to go through the entry?

Owen. It was.

Q. How long was you up stairs?

Owen. Not above a quarter of an hour.

Q. Do you know whether the prisoner went into that room?

Owen. I cannot tell that.

Q. How do you know this watch from any other?

Owen. It has a brass chain, and I used to wind it up every day.

John Haines . I was at work along with the prisoner, for the prosecutor; we went out for a pint of beer, between eleven and twelve, and returned to our work about one.

Q. When was this ?

Haines. This was about a month ago, on a Saturday; my master was not at home, we did not go to work; we went to go out of the yard, and when in the entry, the maid asked us who was there; we said the sawyers; we took the watch from off the nail by the fire-side in the kitchen.

Q. Which of you took it?

Haines. Gee took it.

Q. Where was you at the time?

Haines. I was in the entry.

Q. Did you see the milk-pot?

Haines. I did, after he had taken it.

Q. Had he and you consulted about this thing before?

Haines. We had, he told me four or five days before, he would willingly take the watch. I was very to be concerned at first, but at last I did consent to it.

Q. Was the door open or shut when the prisoner took the watch?

Haines. It was open; that door used to stand open, and we had seen the watch several times before. After we had taken the watch, we went and pawn'd it on Snow-hill for a guinea.

Q. Who pawn'd it?

Haines. Gee pawn'd it

Q. Had you any share of the money?

Haines. I had.

Q. What did you do with the milk-pot?

Haines. We sold it to a Jew, after Gee had stamped upon it, the same day.

Q. Where does the Jew live?

Haines. I do not know, I never saw him before, neither do I know where we found him; we went from Snow-hill to him, it was in an open place near Tower-hill.

Q. What is the Jew's name?

Haines. I do not know.

Q. What did you sell it for?

Haines. For 11 s. 6 d.

Prisoner's defence.

What he swears against me, I know no more of than the child unborn.

To his character.

Captain Wilson. The prisoner belongs to my company; I have known him about two years, he has behaved remarkably well; I never heand him suspected, he bears as good a character as any in the company.

- Dunman. I am a serjeant in the same company to which the prisoner belongs, he has been in the regiment three years next November, we never had cause to suspect him to be guilty of theft, or neglect of duty. He has been trusted in the barracks with our knapsacks, we never missed anything after him; the evidence Haines acknowledged before the justice that he himself took the milk-pot.

- Hinemarsh. I am likewise a serjeant in the same company, I have known him from his first inlisting.

Q. What is his general character?

Hinemarsh. He has an extraordinary good character, our cloaths use to hang up in the barracks, and he has been trusted there, and we never missed any thing.

Richard Ledger . I have known him seven years.

Q. What are you?

Ledger. I am a cabinet-maker, he worked for me five years, to my knowledge he never wronged me of any thing; I never heard to the contrary but that he was an honest man till now.

Joseph Sanders . I have known him five years, he has a very good character, I always thought him an honest man. I keep a public house, he has had opportunities to take my plate out of my bar, but I never suspected him, or missed any thing.

Francis Casser . I have known him seven years, he has lived in ready-furnished lodgings of mine, I never knew no ill of him till this affair.

Thomas Solomon . I have known him seven years, he is a man of a good character, and very well beloved by the neighbours.

William Harrison . I have known him seven years, he has a good character; I always took him to be an honest man.

Guilty .

[Transportation. See summary.]

278. (M). Thomas Head was indicted for stealing six Portugal pieces, one moidore, two quarters of a moidore, 21 guineas, 4 half guineas, and 13 s 6 d in money, numbered, the money of John and George Russel , in the dwelling-house of the said John , July 29 . +

John Russel . My son George and I are partners, I live in Cow-cross, beyond Porter's Block. I am a soap-maker , the prisoner was my servant about a fortnight or three weeks.

Q. Did he lodge in your house?

John Russel . No, he lodg'd over the way.

Q. In what did you employ him?

John Russel . He was employ'd in labouring business, in my way, where we make our soap. We miss'd the money laid in the indictment on Thursday morning, about 9 or 10 o'clock, the 20th of July.

Q. Give an account what pieces?

John Russel . There were 21 guineas, 4 half guineas, six 36 s. pieces, one moidore, and, I think, two 6 and 9 s. pieces, and a six-pence: in the whole 37 l. all in gold, but one six pence; the rest were halfpences.

Q. Where was this money missing from?

John Russel. It was missing from out of my desk in the compting-house, which is in my dwelling-house.

Q. Was the desk lock'd?

John Russel . I think it was.

Q. Was the compting-house-door lock'd?

John Russel . No, it was not.

Q. When did you see this money last?

John Russel . We put it in just a little before dark.

Q. Did you miss it first?

John Russel. No, son missed it first; his name is George. We apprehended it to be done by some body-belonging to us; we saw the appearance of a knife being put into the desk, to force it open: the prisoner being suspected, we borrowed his knife of him, and compared it to the marks on the desk, and they seem'd to agree; then we had his lodgings search'd, and the money was found, and brought to me; there were some halfpences missing. They brought it in the same bag that we put it in.

Q. Who searched the lodgings?

John Russel . James Russel and Peter Thorn . The prisoner was taken before justice Fielding, the money was produc'd; the justice asked him, whose money it was? he said, it was my property; he also owned the taking of it.

George Russel . I was present when this money was put into the desk; I told it out, and put it there. There was the same quantity that my father speaks of. On the Thursday morning I found the desk open, and missed the money; I observed the desk to be cut with a knife, I borrowed the prisoner's knife, and found it to fit the place; then I sent my brother and another person to search his lodging; they went, and soon returned with the money; after that, we sent for an officer and charged him. He said, he found the gates open that go into our work-house, and came in, and so to the counting-house, between 11 and 12 at night: he tried to cut a hole, but, in trying, found it loose; so he thought it was easier to break the lock, than cut a hole; so he broke it open, and took the money, and carried it to his lodgings, and went to bed, and the next morning he came to work.

Peter Thorn . I was along with James Russel , in searching the prisoner's lodging; we found the bag of gold on the tester of the bed, and a handkerchief of halfpence. (Produced in court.)

John Russel . This bag that the gold is in is the very bag that the gold was in when in our desk, our property.

Thorn. In this bag are the same pieces of money that Mr. Russel had mentioned to have been taken away, before we found it. I asked the prisoner, whether he did it, and how he could be guilty of such a thing to so good a master? He said, it is the first offence that ever I did; that he would have cut a hole through the desk, but finding the lock loose, he broke it open

James Russel . I was along with the last witness at the finding of this money in the prisoner's lodging, on the tester of his bed.

William Wyate . I heard the prisoner confess, that he went into the compting-house about 11 o'clock, but could not tell the time to half an hour, and took the money.

Thomas Husford . I examined the prisoner, and asked him, if that money was his master's property? He said, it was; he said, he came in at night through the great gates into the house.

Prisoner's defence.

I know nothing at all about the money; I went to bed about 10 o'clock, and did not get up till 6.

Guilty Death .

279. (M.) Mary Bourn , otherwise wife to Thomas Bryan , was indicted for stealing 5 yards of linnen cloth, value 5 s. the property of Thomas Holmes , August 1 . +

Thomas Holmes . I am a Joiner , and live in Oxford-road ; I trusted the prisoner to make 2 shirts for me, in my own apartment; and she took the cloth away, and pawn'd it.

Q. When?

Holmes. The very last day of July.

Q. Was she your servant?

Holmes. Her husband had turn'd her out of doors, and my wife took her in.

Q. When did you deliver the cloth to her?

Holmes. I delivered it the 31st of July; there was 7 yards of it, and she left me but two; she was gone also; and when I came home from my work, she had taken away the key, I was forced to break the door open; I have but one room.

Q. Where was your wife?

Holmes. My wife had been abroad, three weeks before; she was at her sister's.

Q. How came your wife to go out, and leave this woman with you?

Holmes. By her transgression, in pawning my tools.

Q. How many beds have you got?

Holmes. We have no more than one.

Q. Where did the prisoner lie?

Holmes. She did not lie with me.

Q. How then?

Holmes. She sat up.

Q. How long had she been with you?

Holmes. Three weeks.

Q. Did she sit up in your room the whole three weeks?

Holmes. Yes. I was two days after her before I could find her; she had pawn'd the cloth to two different pawn-brokers, one lives in Silver-street, the other near Golden-square.

Q. Did not you send her to pawn the cloaths?

Holmes. No; I did not.

Q. Did she never pawn things for you by your direction?

Holmes. No.

Q. Why did not you send the cloth to your wife, for her to make your shirts?

Holmes. She would not make them. When the prisoner was before the Justice, she said, she intended to have brought the cloth again; but she pawned one part one day, and the other another day, which was no good sign of returning them.

George Mure . I am a pawn-broker; the prisoner at the bar pledged two yards and a half of cloth with me, on the 21st of July; she told me, the cloth was her husband's, and that she lived in bell-yard.

Q. Where do you live?

Mure. I live in Queen-street, Oxford-road.

Daniel Wood . I am a pawn-broker, I live in Silver-street Golden-square; the prisoner pawned a piece of cloth with me, on the 1st of August, for 2 s. I believe there is about 2 ells of it; she said it was her own, to make a shift body for herself. The prosecutor has been, and had it out of my custody about a month ago. (The prosecutor produced the two pieces, and deposed to them both as his property.)

Q. How do you know this cloth to be yours?

Prosecutor. The two pawn-brokers told me it was the same that the prisoner pawned to them; and if so, it is the same that I delivered to her.

Prisoner's defence.

I lodged at this man's house, he beat his wife so that she would not come nigh him; I would not let him know where his wife was gone, so he has done this out of spite; he gave me the cloth to pawn for him.

Acquitted .

280. (L.) William Davy was indicted for stealing 12 ounces weight of silver, value 38 s. the property of William Cafe , August 3 . ++

William Cafe . The prisoner at the bar lived servant with me 10 weeks, but was discharged from my service before he was taken.

Q. Where do you live?

William Cafe . I live in Gutter-lane .

Q. Did you miss any silver?

Cafe. No, I did not; I cannot say he stole it; but, by his own confession, when brought before me, he then owned that he had rob'd me of some pieces of silver that weigh 12 ounces; for which he asked my pardon, and beg'd forgiveness: afterwards he said he took it out of the dirt in the cellar.

William Campbell . I live with Mr. Cafe, I know nothing of the prisoner's taking the silver; but, by his own confession, he said he took it out of the wind-hole; that is a place where we melt our silver; he had been our porter.

Mr. Stowers. I sell silver buckles and other things. The prisoner came to my shop, to sell some melted silver in a lump; I asked him where he lived? he said with the duke of Bedford; I asked him, how he came by this silver? he said, he was one of the watchmen, and he found it in sifting the cinders: I asked him, why he did not acquaint the steward with it? he said he told the men in the garden of it, but they did not know of such a thing: I bid him leave it till the afternoon, and then I would let him know the value of it; he came accordingly, I gave him 7 s. for it: he proposed to bring me more, saying, he believed there was more in the dirt. On the Tuesday following he brought two ounces more; I desired him to leave it, and I would weigh it; I bid him call again in the afternoon. When he was gone, I went to justice Welch, and we went to the duke of Bedford's; the steward said, he did not know such a man. The prisoner came the next morning to my shop, and then we stopt him I search'd his pocket, and found a letter in it directed to him at Mr. Cafe's, in Gutter-lane: he deliver'd me the key of his box, and said it was at the brown bear; there I went, and found 8 ounces more. There is in the whole 12 ounces 4 penny weight of it. (The silver produced in court.)

Prisoner's defence.

I pick'd it out of the ashes in the cellar, I thought it was pewter hardened, or dross.

To his character.

Martha Wright . I have known the prisoner's father, and grand father; the prisoner used to spend his time in reading good books.

Guilty .

[Transportation. See summary.]

281. (L) Catherine Folliott , widow , was indicted for stealing one silver watch, value 42 s. the property of David Rivers , in the dwelling-house of Rebecca Avis , widow, July 1 . ++

Thomas Philips . I am a finisher, and work for Mr. David Rivers , a watchmaker . I sat up late on Friday night to finish a watch, his property, against Saturday; I went out on Saturday, and when I returned I found the watch was taken out of my room. The prisoner at the bar lodg'd in a room one pair of stairs above me, in the house of Rebecca Avis ; I cannot say of my own knowledge that she took the watch.

Cross examination.

Q. Did not you suspect one Malone to have taken this watch?

Thomas Philips . He work'd with me, and I did not know who else could come in my room.

Margaret Morgan . I am a pawn-broker; this watch (producing one) was brought to me to pawn, by one Randall; I suspected it to be workmens work for some master, so I stop'd it on suspicion: I asked Randall. where, or of whom she had it? she said, that Catherine Folliott gave it her to pawn. I desired her to go and fetch the prisoner, she went and brought her; she owned the gave it Randall to pawn. I stop'd the watch, and advertised it the next day. Mr. Philips came and gave such proof of it, that I made no doubt of its belonging to him.

Q. How did the prisoner say she came by it?

M. Morgan. She said, she found it in a rag upon the stairs.

Anne Randall . The prisoner at the bar brought this watch to me and said, her spouse and she had had a few words, and she desired me to pawn the watch.

Q Did she tell you where to pawn it?

Anne Randall . She directed me to go to Mrs. Morgan's with it; when I came there, Mrs. Morgan said, Randall where did you get this? I said I had it of Catherine Folliott ; she sent me for her, and I went and brought her, and she told Mrs. Morgan, that she found it upon the stairs in a rag. (The watch produced in court, and deposed to by Philips as his master, Mr. Rivers's property.

Q. from prisoner. What time did you miss the watch?

Philips. On the first of July, near twelve in the day.

Prisoner's defence.

On that day, being Saturday, an acquaintance of mine sent for me. I went to her, and was with her from ten till three in the afternoon. The man is a weaver, and she was sick; he has an hour-glass to watch his time by, he told me it was ten o'clock when I went in. When I came home I went into the prosecutor's room, before I went up to my own; he said, Kitty I have had a lost; I said what is that, he said, my watch; but I know well who has it; there was none in the room but Jack Malone ; then I said to be sure he will give it you; he said whenever he found the watch, if he could get a Tyburn ticket he would, and cant him over the water. The woman is come from out of a sick bed to give evidence for me.

For the prisoner.

Patrick Dowds . I have known the prisoner about twelve years, I am an intimate acquaintance of hers.

Q. Where do you live?

Dowds. I live in Spital-fields, and Brick-lane.

Q. What countryman ?

Dowds. I am an Irishman; the prisoner very often paid me visits.

Q. Is she of any business?

Dowds. She has at the time past been a servant; but now she and her husband keep a room together.

Q. Do you know any thing of her in June last?

Dowds. I cannot tell, I took no particular account of any day; on the first of July I saw her about nine in the morning, she was with me that day from the hour of nine in the morning, till three in the afternoon.

Q. How did she employ her self that time?

Dowds. In taking care of my wife, she was taken very ill of the cholick.

Q. Did you send for her ?

Dowds. No, I did not; she came in by chance.

Q. Can you name any day that she came to your house in the month of June?

Dowds. She might come in the month of June, but I did not take particular notice of it.

Q. Did she dine with you?

Dowds. Suppose I had nothing to eat myself.

Q. You can tell whether she dined with you or not ?

Dowds. She had nothing all day.

Q. Tell any other particular day, on which she paid you a visit ?

Dowds. I have no occasion to say any other day than the day you ask me. I have no more to say.

Mr. Recorder. But I have something more to say to you. Name some day when she did dine with you.

Dowds. She dined with me on Easter Sunday.

Q. What for dinner ?

Dowds. She came about ten in the morning, and brought a good leg of mutton with her to make herself welcome; and staid till about ten at night.

Q. Do you recollect any other time?

Dowds. To make the thing particular, she took a Patrick's pot with me on St. Patrick's day. I have no more to say, these two days are so remarkable, I could not forget them.

Q. How came you to remember the first of July particularly ?

Dowds. I paid the king's tax that morning, and I took care to remember the day of the month on that account, I think I had a very good reason to remember it.

Q. Where is that receipt, have you it here?

Dowds. No, I have not; if I thought I should be asked about it, I would have brought it.

Q. Whether you was not desired by any person to remember that Saturday to distinguish it from all other days?

Dowds. No, I was not; no one asked me.

Q. Has not the prisoner desired you to remember where you was that day?

Dowds. No, she never did.

[His wife having been put out of court while he was examined; was now brought in and sworn.]

Mary Dowds . I am wife to the last evidence, I have known the prisoner ever since she was a little child.

Q. How long may your husband have known her?

M. Dowds. He could not have known her so long as I; I cannot justly tell.

Q. May he have known her more than seven years?

M. Dowds. I do not know but he may.

Q. Has he known her ten years?

M. Dowds. I do not know but he may.

Q. Has he known her twenty years ?

M. Dowds. I cannot tell; he has known her fifteen or sixteen.

Q. Which knew her first?

M. Dowds. I was acquainted with her first.

Q. Where?

M. Dowds. In Ireland.

Q. Who came to England first?

M. Dowds. She was here a good while before I came.

Q. Did she often make you visits?

M. Dowds. She comes now and then.

Q. Can you recollect any particular day when she came to see you?

M. Dowds. I am no scholar, to the best of my knowledge it was in June, when I was sick and she came to see me.

Q. What time in June?

M. Dowds. I can't tell the day of the month.

Q. Was it in the beginning of June, or the latter end?

M. Dowds. I can't tell.

Q. Did you ever see her in July last?

M. Dowds. That is the month before, I believe, never saw her in the month of July.

Court. July is the month after June.

M. Dowds. To the best of my knowledge it was in the month of July; but I cannot account in particular for the month. She came when I was sick.

Q. How long did she stay?

M. Dowds. She came about nine in the morning and staid till towards three.

Q. Has she been at your house since?

M. Dowds. No, that was the last time.

Q. Have you seen her since?

M. Dowds. No, I have not.

Q. What did you give her to eat when she came to see you?

M. Dowds. I gave her such as I had.

Q. What had you for dinner ?

M. Dowds. I can't account for that now.

Q. Can you recollect whether you had a dinner that day?

M. Dowds. We must have some sort, but I cannot justly tell what.

Q. Did you treat her with something to drink?

M. Dowds. The time she was with us we had some drink and victuals both; but to tell punctually I cannot. I know we had both.

Q. Can you tell which month it was, June or July?

M. Dowds. To the best of my knowledge it was July.

Q. What time of July, the middle, the latter end, or when?

M. Dowds. I can't tell which it was.

Q. Was you ever desired to recollect yourself what day it was that she staid from nine till three?

M. Dowds. No.

Q. How came you to be so particular to the hours?

M. Dowds. We are obliged to observe the hour by reason of the work folks, that work for us.

Q. Did you make observations of the time she staid at any other time that she came?

M. Dowds. No, none but this.

John Adersey . I know Mr. Philips's room door was left open that day the watch was lost.

William Speed . My master ordered me to fetch a pot of beer, and in the mean time the watch was missing; it was judged that John Malone was the person that took it.

Elizabeth Bready . I knew the prisoner nine or ten years ago; she was a woman that made a very great appearance.

Q. Have you known her of late?

Bready. I have very much.

Q. How does she get her livelihood?

Bready. She told me that since the death of her husband, she went to service.

Q. Do you know who she lived with in service?

Bready. No, I do not.

Q. Where do you live?

Bready. I keep a publick-house in Sherborn-lane in the city.

Elizabeth Smith . I have known the prisoner fourteen years, she has lived very sober and very honest in her husband's time; he was an attorney, and lived in the Temple, near Fetter-lane; since he has been dead she has gone to service.

Q. Have you seen her lately?

Smith. I cannot say I have seen her within this three months past.

Smith. Can you tell how she has got her livelihood this twelve months last past ?

Smith. No, I cannot.

Mr. Plunket. I have known her five years; I knew her parents, they lived in Dublin, I know nothing of her, only that her relations are very honest people.

Daniel Dukes . I have known the prisoner about three years, I never heard to the contrary but that her character was extraordinary, I have supported her whenever she was out of place.

Q. What are you?

Dukes. I am a shoemaker, if she was under any distress to pawn her cloaths, I have redeemed them; her prosecutor is sensible I maintained her, when she was out of place.

Q. Do you know Dowds and his wife?

Dukes. I have known them about two years, he is a journeyman weaver, and keeps looms for men to work in, at so much per week, he has lived four years in credit.

Court. He says he goes without a dinner sometimes.

Dukes. Many weavers do.

Q. What countryman are you?

Dukes. I was born in Dublin.

Q. How long have you been in England?

Dukes. I have been here in London twenty years; I have worked for Mr. Welch, at the ship in Cornhill, eight years.

Q. Are you a married man?

Dukes. No, I am not.

Philips. This man went for the prisoner's husband, and she lives with him.

Acquitted .

282. (M.) James Battle was indicted for stealing 3 s. in money , the money of Samuel Bradshaw , February 20 .*

Elizabeth Bradshaw. My husband's name is Samuel Bradshaw . On the 20th of February last the prisoner came into our shop, to buy a pair of gloves, he fix'd upon a pair at a shilling price; then he flung down a guinea, and desired me to give him change; I gave him half a guinea, and laid down 18 s. in silver on the counter, and was telling out his proper change; he took up some silver, and then flung down my half guinea and part of the silver, and took up his own guinea, and away he went, and said he would send for the gloves. When I came to tell my silver over, I found but 15 shillings; so I am certain he took away 3 s. with him. He was taken up for defrauding a young man, and as they brought him by my door I knew him again.

Q. Where do you live?

Elizabeth Bradshaw . I live in St. James's Westminster.

Prisoner's defence.

I know nothing of what the woman says; I never saw her in my life before.

Guilty .

[Transportation. See summary.]

283. (M.) Judith Riley , spinster , was indicted for stealing one cotton gown, value 8 s. one apron value 12 d. one cloth cloak, value 12 d. one iron key, value 6 d. and one silk ribbon, value 3 d. the goods of James Fitzgerald , August 8 .*

James Fitzgerald. I live in St. Gyles's; I lost the things mentioned in the indictment, (mentioning them all with the value of each.) When the prisoner was taken up, she had the cloak, cap, and ribbon on; I took her before justice Welch, there she confess'd the goods to be my property; I have got the cloak again: she told me, if I would forgive her she would tell me where the rest of the things were.

Q. from prisoner. What sort of a house do you keep?

James Fitzgerald . I keep a house of lodgers .

Q. from prisoner. What sort of lodgers?

James Fitzgerald . Very honest lodgers for what I know.

Q. from prisoner. Did not you lend me these things to put on, to go out to pick up young fellows?

James Fitzgerald . No.

Margaret Harris . I saw the prisoner come out at the next door where I lodge with a bundle in her lap, and the cloak on her back.

Q. Where do you lodge?

Margaret Harris . At the next door to the prosecutor.

Guilty 4 d.

[Whipping. See summary.]

284. (L.) Mary, wife of John Howell , was indicted for stealing one silver tankard, value 6 l. the property of Richard Manning , August 24 .*

Richard Manning. I keep a publick-house , the coach and horses in petticoat-lane ; on the 24th of August last, I lost a silver tankard out of my house.

Q. What do you value it at?

Manning. I value it at 8 l.

Q. Why do you charge the prisoner?

Manning. That afternoon she was at my house; but I cannot of my own knowledge say she took it.

Q. Did you ever see it again?

Manning. Mr. Abrahams stopped it, and has it now in court.

Abraham Abrahams . I am a watch-maker, the prisoner came to my house yesterday was sen'night and asked me if I would buy a tankard, she producing it in this condition. I asked her how she came by it; she told me her sister found it at the fire in White-chapel. (He produced a tankard that had been in a fire, and part of the lid melted.) I looked over the goldsmith's-hall bills, and found by the descriptions on the tankard, that it belong'd to Mr. Manning.

Q. to Manning. Look at that tankard?

Manning. ( Takes it in his hand.) This is my property; here is my name and arms upon it. I have not had it above three or four years.

Q. to Abrahams. How long ago is it since the fire in White-chapel?

Abrahams. It is about a year ago; I shew'd the prisoner the bill and told her the tankard belong'd to a person in petticoat-lane, said she, pray send for Mr. Manning, naming his name, before I mentioned it. I charged a constable with her and went to Mr. Manning; she insisted upon it, another woman gave it her, and she was to have a shilling for selling it, she would not confess she took it from Mr. Manning's house.

Prisoner's defence.

I went down by St. Mary-ax to see for my husband, and then to Duke's-place; a woman met me and said to me will you go into that watchmaker's shop, and ask him if he buys plate; I went in and asked, and he said he did, I went out and told her; she said she should be obliged to me if I would go in and sell this tankard for her, and she would hold my child for me the while. I carried it in, and said the woman asked 4 s. an ounce, or to leave it to his own option to give her what he would; then he sent for a constable, I said pray do not charge me, I'll carry you to the woman that owns it, the people said they saw the woman ran away.

To her character.

Marmaduke Lovet . I am a taylor by trade, I have known the prisoner about five years.

Q. What is her general character?

Lovet. I never knew but that the woman was a very honest woman; she has done business for me and never wrong'd me.

Elizabeth White . I am a quilter, I have known her I believe ten or a dozen years; I never knew any thing amiss of her before in my life.

Mary Colenot . The prisoner has liv'd with me two years, I never heard any thing but what she was an honest sober woman; I take in washing and have left her in the house with a great deal of linen; s he never wronged me of any thing.

Guilty .

[Branding. See summary.]

285. (L.) Elizabeth Lawrence , spinster , was indicted for stealing one silver watch, value 30 s. the property of John Fincholmes , July 13 .*

John Fincholmes. I live in White-horse-alley, Cow-cross , and am a matt-maker . I lost a silver watch, value about 30 s. on the thirteenth of July.

Q. Where was it taken from?

Fincholmes. It hung over my chimney.

Q. Did you ever find it again?

Fincholmes. Mr. Abrahams has got the guts of it, and a silversmith the cases; it is all found again but the dial-plate.

Abraham Abrahams . (Produced the guts of a watch.) On the 13th of July last, this woman at the bar and another, came to my shop and produced this guts of a watch; the prisoner offered it and asked a crown for it. She said she found it in the Strand I saw it had been very ill used; I sent for a constable and carried them before the sitting alderman; they were sent back four different times, and at the fourth time the prisoner made a confession that she had offered the silver part of it to Mr. Douson on Holborn-hill; we went there and found the cases, they answered to the movement; then she acknowledged she stole the watch out of the prosecutor's house, and beg'd for mercy; after she was committed I advertised it, and by that means the prosecutor found me.

Q. to prosecutor. Is this movement yours?

Prosecutor. It is my property.

George Smith . ( Produces a pair of cases.) Here is all the silver that belongs to the watch, except the rim that holds the glass, and the dial-plate; this woman came to our shop on the 13th of July, and asked me if I would buy them, she said she found them at the end of Leather-lane, Holborn; she asked the value of them, I saw they were bruised. I suspected she did not come honestly by them, so I stoped them. She said she would call again, and did, but I was not at home; so I never saw her after till she was taken up.

Q. to prosecutor. Look at these silver cases ?

Prosecutor. These are the cases belonging to my watch that I lost.

Q. from prisoner. Did not you see a person waiting for me at the end of Shoe-lane?

Smith. I did see a person there, but I did not suspect any body when she offered it me, but afterwards I recollected I saw a person there.

Prisoner's defence.

I had it of a young woman, and did not know that it was stole.

Guilty .

[Transportation. See summary.]

286. (M.) John Fish , was indicted for stealing one iron scale-beam, value 3 l. the property of Robert Gibson , privately in his warehouse , August 24 .*

Robert Gibson. I live in Leather-lane Holborn, I have a house a repairing, we do not live in it, but make use of it as a warehouse; I lost an iron scale-beam out of it, worth 3 l. between the 23d and 24th of August. I advertised it a guinea reward; the prisoner at the bar came and asked me if I did not lose such a scale-beam, I told him I had, he told me if I would give him fifteen shillings I should have it again. I agreed to give him that money, I went along with him, I asked him which way he came by it; he told me a man brought it to him; but he could not tell me who he was, nor where he lived, but said he look'd like a countryman, in his own hair.

Q. Did you mention in your advertisement, that the man should not be prosecuted?

Gibson. No, I did not. I took him before the justice to have him examined, he would not own any thing; but said he believed he could find the man.

Cross examination.

Q. Did he say he had let the man have 10 s. that brought it?

Gibson. He did.

George Bethel . This day three weeks, I was coming down Chick-lane, between 5 and 6 o'clock, the prisoner call'd after me, and said he would give me a pint; he and I, and his wife, drank a pint together: he told me he had a jobb for me to do, and he would call me in the morning to do it; he did, I got up, he took me in Leather-lane with him, and stoped at a house, and said I have bought a scale-beam here, and if you will get up I will tell you where it is; he lifted me up to a window and shewed me where to give it him out; I gave it him: he asked me if I could not give him out any thing else? I said, there was nothing but a glue-pot, a carpenter's ax, and a bag, which I gave him; he took the beam and the rest of the things to his own house, and told me to come to his house at night, and he would pay me for my trouble; I went, he gave me 5 s. and 6 d. I gave him a pint of beer, and he would be a pint with me; then I call'd for another, and I paid the 4 d. halfpeny.

Robert Caple . The prisoner came to my house, and told me he had a scale-beam to dispose of, on the 26th of August.

Q. Did he not say which way he came by it?

Caple. No, he did not. I went and look'd at it, but said it would not suit me.

Q. What is your business?

Caple. I am a scale-beam maker.

For the prisoner.

Robert Griffin . I live in Turnmill-street, at an Gronmonger's, named Wilkerson; I remember this man (meaning the evidence) Bethel, he brought a scale-beam wrapped up in a cloth to Mr. Fish's, and left it there.

Q. Did Fish give him any money?

Griffin. There was something mentioned about half a guinea betwixt them.

Bethel. The prisoner gave me half a guinea at the Raven in Chick-lane to change.

James Eadey . I have known the prisoner about 14 months, he did live in Chick-lane; he buys and sells old iron.

Q. What is his character?

Eadey. He always appear'd to me to be a poor honest man.

Q. Where do you live?

Eadey. I live in Clerkenwell.

John Thomas . I have known the prisoner between 5 and 6 months; I always took him to be an honest industrious man. I have lent him some pounds to carry on trade, which he has paid me very honestly; was he out now, I would lend him 20 l.

Henry Feather . I have known him about half a year, I never heard any ill of him; he is a housekeeper, and lives in credit, and bears the character of an honest man.

Patrick Carrol . I have known him between 3 and 4 months; I have dealt with him, and always found him just and honest in his dealings.

John Bennet . I have known him half a year; he is a hard-working industrious man, who works early and late.

Acquitted .

287. (M.) Michael Lynch was indicted for stealing one pair of silver shoe buckles, value 10 s. one pair of pumps, value 5 s. and one silk waistcoat , the goods of George Murray , January 1 . +

George Murray . I lodge in Sheer lane, am a peruke-maker ; I lost the things mentioned in the indictment, the prisoner work'd for me about a day.

Q. When did you lose these things?

Murray. About 10 months ago, or better; the prisoner was taken about 6 weeks ago in Sheer-lane, with the waistcoat on his back, (produced in court and deposed to) he owned before the justice that he had taken all the things, and said he was sorry for it.

Prisoner's defence.

I know nothing of the things; I bought the waistcoat of a young man in Sheer-lane, of the same business.

Guilty .

[Transportation. See summary.]

288. (M.) Abigail Glyn , spinster , was indicted for stealing one silver pint mug, value 10 s. the property of William Webb , August 16 . +

William Webb . I keep the 3 crowns at Stoke-Newington ; the prisoner did live next door to me, I had been out about business in the country, and when I returned, which was about the 18th of August, I was told I had lost a silver pint mug. About a week after I was inform'd by two neighbours, that they saw the prisoner come out of my house with a silver pint mug in her hand.

Q. What are their names?

Webb. One is Richard Gwinner , the other Anne Mann . I sent them to town to see if they could find the prisoner, she being gone away; she was taken. I charged her with taking the mug, she owned she did, and said necessity drove her to it. She told me then, it was at a friend's house in Goodman's-fields; at last she said it was at a pawn-broker's, named Miller, or Millner; the next morning I went there, with a search-warrant from my Lord Mayor, but it being out of the city, I got it back'd by a justice of the peace in Whitechapel; there I saw it hanging in the window. ( Produced in court and deposed to.)

Richard Guinnet . I am a shoemaker, and live facing Mr. Webb's, at Stoke-Newington; I was sitting at my door on Wednesday or Thursday, I believe, the 16th of August, about 3 or 4 in the afternoon, I saw the prisoner at the bar bring a mug out of Mr. Webb's house, in her hand; when she had got about half way over the road, she covered it with her apron.

Q. What sort of mug was it?

Guinnet. It was like this mug here produced; she went in at a chandler's shop facing the house where she was servant; that was the last time I saw her, till she was taken. On the Wednesday following we took her up; I first heard of her in Leather-lane, then in Cold-bath-fields, but I found her at last in Cloth-fair; I took her to the baker-and-basket, and then charged an officer with her, and sent for Mr. Webb; as soon as he came she confessed to have taken the mug, and that she had pawned it in Goodman's-fields.

Anne Man . I live at Stoke-Newington, I saw the prisoner come out of Mr. Webb's house with this or such a mug in her hand; she held it cross-ways, not upright, and covered it, and carried it into a chandler's shop: I went to the last witness and said, I am surpriz'd Mr. Webb lets his mugs go out in such a manner.

Jer. Miller. I live in Goodman's-fields; this is the mug ( taking it into his hand) that I took in pledge of the prisoner at the bar, on the 16th of August; I asked her, if it was her own property? she said it was; and that it was left her by her friends in the country, and some little money.

Q. What did you lend her upon it?

Miller. I lent her 3 l.

Q. Did you know her before?

Miller. I knew her very well; she had been servant to our vestry-clerk, in Aylif-street, for some months, and did bear a good character.

Prisoner's defence.

The mug is my own right and property; I had that, and 30 l. and this mourning which I have now on, left me by an aunt.

Q. to Mr. Webb. Are there any marks on the mug, by which you know it?

Webb. Here are the initial letters of my own and wife's name on it, and a very particular cypher on the body of it. she is a young girl, out of place, and I hope the court will be as favourable to her as possible.

Guilty .

[Transportation. See summary.]

289. (M.) Elizabeth Durham , spinster , was indicted for stealing one pearl patch box, with a silver rim, value 1 s. one gold ring, with two diamond sparks, value 4 s. two copper line-hooks, value 6 d. one linen shift, value 1 s. one damask waistcoat, value 1 s. one cambrick neck-cloth, value 2 s. five fore-head cloths, three cambrick big-gins, three yards of long lawn, one piece of sattin, half a yard of cloth, one yard of dimity, one yard of cotton, one linen sheet, one linen shift, one linen apron, and 12 gold waistcoat buttons, the goods of Peter More : one pair of cotton stockings, one muslin handkerchief, and 4 s. in money, numbered, the property of Sarah Miles , widow : one quarter of a yard of cambrick, and 16 yards of tape , the property of Isaac More , August 3 . ++

Elizabeth More . My husband's name is Peter, all the goods laid in the indictment were in my drawers: they were taken away, but I do not know when; the prisoner was my servant , and had not been with me 5 weeks; she ran away in the morning about 9 o'clock last Friday was three weeks; I ran after her, and stopped her, and brought her back, she had some of the things upon her; and when charged with the rest, she said she was going to bring them back, and said they were in a cellar in Fan-alley, that joins to Aldersgate-street.

Q. Where do you live?

More. I live in Islington; I went to Fan-alley, but could not find any of my things; I took her before justice Palmer, there she confessed she had robb'd me, and Mrs. Miles, and Isaac More . The confession was taken in writing. (Produced in court.)

Thomas Bywater . I saw this confession taken in writing, and signed by the prisoner at the bar.

Q. What are you?

Bywater. I am the constable.

Q. Was it a voluntary confession.

Bywater. It was, it was read over to her before she signed it. The justice told her, if she choosed to sign it she might; she answered, she would sign it.

The confession was read in court, dated August 21 - 58. taken before Charles Palmer , Esq; one of his majesty's justice of the peace, &c. &c.

Wherein it appeared, she stole all, or very near all, the goods laid in the indictment, and that no other person was concerned in the felony along with her.

Sarah Miles . I am a lodger in the house; I lost a pair of cotton stockings, a muslin handkerchief, and 4 s. in money.

Ruth More . I am wife to Isaac More ; I lost a quarter of a yard of cambrick, 16 yards of tape, and 5 s. and 6 d. in money; the tape and piece of cambrick were found upon her.

Thomas Bywater . Here are the things that were found upon the prisoner. He produced a patch box, a gold ring, a pair of cotton stockings, the taps, and piece of cambrick.

Deposed to by their respective owners.

Guilty .

[Transportation. See summary.]

290. (M.) Elizabeth Flint was indicted for stealing one dimity counterpane, value 5 s. two linen napkins, value 1 s. one silver spoon, value 10 s. one pillow, value 2 s. one linen pillow case, value 6 d. the goods of Mary Walthow , spinster , out of her ready furnish'd lodgings , August 1 . ++

Mary Walthow . I keep a house in Mares-court , Dean-street, Soho ; the prisoner took a room of me ready furnished, at 5 s. a week, about the beginning of August: she was there about a week and a day or two; the gentleman is a captain and is gone abroad that kept that house, I lived servant with him seven years.

Q. To whom does the furniture of that house belong?

Walthow. It belongs to me; the captain gave me my liberty to get my bread by them, and if I could not keep them, I might sell them; and he said they were no longer his.

Q. Who pays the rent of the house ?

Walthow. I do.

Q. Who paid it last August?

Walthow. I paid it.

Q. For whom ? for the captain or yourself?

Walthow. For him; but I was the owner of these goods before the first of August.

Q. Have you any written power?

Walthow. No, I have not; it was by his honour and word.

Q. Have you any bill of sale from him?

Walthow. No.

Q. What is the captain's name that owned them ?

Walthow. It is captain Baldwin, he is now in Germany if alive.

She not proving the goods her property, the prisoner was acquitted .

291. (M.) Richard Ash , was indicted for stealing one silver pint mug, value 35 s. the property of Jonathan Thornton , June 17 . ++

Jonathan Thornton . I keep a public-house , the prisoner came in and had a pint of beer on the seventeenth of June last; he had his beer in a silver pint mug; I saw it in his hand with part of his beer in it, he paid me for his beer and went out of the house.

George Pates . On the 17th of July I saw a silver pint mug hang with the handle of it out of the prisoner's pocket, at the Adam and Eve in Tottenham-court-road.

Q. to prosecutor. Where do you live?

Thornton. I live at the bell in Petticoat-lane.

Pates. I told a soldier that was there of it and we took hold of the prisoner; a brother that was along with him, snatched it out of his coat pocket and ran away with it. The soldier ran after him and caught him, we carried them both to justice Welch, he asked the prisoner how he came by the mug, he would give no account of it. It was advertised, then Mr. Thornton came and owned it.

Thornton. The prisoner said he found it near the half-way house in digging in a clay-pit.

Pates. That was all he would say.

Thornton. The bottom of the mug is knock'd out, and cut into small square pieces, we have them here. ( The mug and pieces produced in court and deposed to.) Here is W. M. S. on the handle of it. I advertised it, describing it by these letters on the 19th of Ju ne.

Prisoner's defence.

I found the mug where I was at work.

Guilty .

[Transportation. See summary.]

292. Sarah, wife of James Clarkson , was indicted for stealing seven deal boards, value 7 s. the property of Joseph Parr .

No evidence appeared, acquitted .

293. (M.) Anne Wheatley , spinster , was indicted for stealing one duffil cloak, value 1 s. one sattin hat, value 6 d. three linen handkerchiefs, value 18 d. one cotton handkerchief, value 6 d. one pair of shoes, value 1 s. two linen aprons, value 2 s. the goods of Sarah Blacket , widow ; three cotton gowns, value 5 s. one sattin hat, value 6 d. one bays petticoat, one pair of worsted stockings, one quilted petticoat, one pair of shoes, two linen aprons. one pair of silver shoe buckles, one linen handkerchief, and one cotton handkerchief , the goods of Elizabeth Deighton , spinster , July 14 .*

Sarah Blacket. I live in the parish of Bethnal-green , and am a cow keeper , about nine weeks ago I lost the things mentioned in the indictment, ( naming them all by name,) some from out of my house and some from out of my wash-house. They are all in court.

Elizabeth Deighton . I am servant to Mrs. Blacket, I lost my things that are mentioned in the indictment, laid to be my property.

Q. Did you ever see them again?

Deighton. They are all found again.

John Townshend . I am a constable, I took the prisoner up, and found these things upon her. (Producing them.)

William Parsons . I am also a constable, (he produces a gown) this the prisoner had on her back when she was taken up. (The goods deposed to by their respective owners.)

The prisoner had nothing to say in her defence.

Guilty 10 d.

[Whipping. See summary.]

294. (L.) Richard Pousam , otherwise Spencer , and Mary Bulger , spinster , were indicted, for that they in a certain alley, near the king's highway, one Edward Hart , did make an assault, putting him in corporal fear and danger of his life, and taking from his person one silver watch, value 50 s. one linen handkerchief, value. and 6 d 3 d. in money numbered . ++

At the request of Bulger the witnesses were examined a part.

Edward Hart . On the 29th of July , about half an hour after nine in the evening, I was coming from Fleet-market, the woman at the bar, and another woman along with her, followed me up Chick-lane. I asked them the way to St. John's-street; she directed me through an alley, which I have heard since is called Thatch'd-alley ; I went into the alley, and they followed me, they laid hold of me, and began to be at my pocket, and the prisoner wanted me to go along with her; I began to think myself in a bad place, and put my watch into two handkerchiefs in my coat pocket: I was going to turn back, they came after me, the prisoner beat my pockets to feel if I had got any thing in them; I asked her what she wanted with me, and told her I had nothing to say to her; she began to be resolute, and so did I, then Richard Spencer came up, damning his eyes and limbs, with a stick in his hand, as I was striving to force my way out of the alley; he said a parcel of whores and rogues, what do you do here: Bulger said what is that to you; Spencer knocked me almost down, and as I was reeling, then he struck me three or four times in the face with his fist, and held both my hands, while Bulger took my watch and handkerchiefs out of my coat pocket. I had 2 s. 6 d. in one pocket, and 3 d. in half-pence, in another; I did not feel them take the half-pence, though I missed them afterwards, the silver they did not take. When she had her hand in my coat pocket, I cried out murder, and was going to call murder again, and Spencer clapt his hand upon my mouth, and almost strangled me.

Q. Could you distinguish their faces?

Hart. Yes, I could.

Q. Was it light ?

Hart. It was not moon light, but I had seen the woman in Chick lane before I went into the alley; I had hold of her hand when she had the watch in her hand: she said you bloody thief, let my hand go; I had given myself over, and did not expect I should live another minute, then the old woman, that is my witness, was coming by she saw the whole thing; she got a light, and came with it, then they made off; I am certain they were the two prisoners that are now at the bar. I was left all over of a gone blood. (He produced two handkerchief's, one he had about his neck at the time, and the other he whiped himself with, both very bloody.)

Q. Did you ever get your watch again?

Hart. No, I never did; they were both taken up the next day, and carried before Mr. Alderman Bethell, who committed them both to the Compter, she would not own that she took the watch from me, but said that one William Shakespear had got it.

Q. from Bulger. Was you drunk or sober?

Hart. I was no more concerned in liquor than I am this minute.

Cross examination.

Q. Did not you know that was a thoroughfare ?

Hart. No, I did not.

Q. How long was you with her before Spencer came up?

Hart. Not two minutes.

Q. Had she attempted to take any thing from you before he came up?

Hart. She tried, and I believe felt my watch.

Q. When was this?

Hart. This was as I was striving to go back; she damn'd my eyes and limbs, and began to pull me about; she was endeavouring to take my watch from me, while it was in my breeches pocket, and she had hold of me when he came up; some had hold of my hands, and some my cloaths; there were four concerned, two men and two women; I could not describe the other man and woman.

Q. Then how came you to distinguish the man at the bar?

Hart. There was a lamp in the place, just by Chick-lane, by which I could see him, as he came up to me.

Q. On what part did he strike you?

Hart. He struck me over the head.

Q. Did the other man strike you?

Hart. The other man did not touch me at all.

Q. What did the other woman do to you?

Hart. She laid hold of me.

Q. Did you charge any other people with this robbery?

Hart. No, I never did.

Q. Did not you charge one William Gibbs with it?

Hart. No, I did not, he came to speak in the behalf of the prisoners before the alderman, but I did not charge him, for I cannot swear to the others.

Q. How came you to find the prisoners?

Hart. The old gentlewoman that was coming by, told me their names, her name is Mary Hawkins .

Q. How old are you?

Hart. I am in my twentieth year.

Mary Hawkins . On a Saturday night, about half an hour after nine o'clock, I do not know the day of the month.

Q. What month was it?

Hawkins. I do not know what month, it was dark, I could not have known them if it had not been for the lamp.

Q. Where do you live?

Hawkins. I live just at the end of the place where the robbery was committed.

Q. How do you get your livelihood?

Hawkins. I go out a washing and scowering; as I was coming along Mary Bulger and this young man were together, (meaning the prosecutor) she said d - n your eyes stand up, presently came Richard Spencer, and said you bloody thief what do you do here.

Q. Did you know Bulger before?

Hawkins. I did very well, she liv'd just opposite me; Spencer with his stick knocked the young man down, that was the first thing.

Q. Did you know Spencer before?

Hawkins. I did, when I lived near Clerkenwell-green, he used to come by with droves.

Q. Are you sure he was the person?

Hawkins. I am, I saw his face very well, by the light of the lamp, which was as light as a candle.

Q. Are you sure he had a stick in his hand?

Hawkins. I am.

Q. Who did he speak these words to?

Hawkins. He spoke them to the young man.

Q. Did you see the young man fall to the ground?

Hawkins. I did, and cried murder once, and he was going to call out murder again, but they stopped his mouth with something, with what I cannot tell, I got a light as soon as I could.

Q. How far did you go for the light?

Hawkins. It was within twenty yards; I ran over a ruinated place for it; as soon as they saw my light they ran away, there I saw the young man all over of a gore blood.

Q. What did he say to you?

Hawkins. He said he had lost his watch, a handkerchief, and some money; he did not know who robbed him till I told him it was Moll Bulger and Dick Spencer .

Q. Where was you when you told him this?

Hawkins. I was at the end of the alley.

Q. to prosecutor. Who took the prisoners up?

Prosecutor. I, my mate, and two or three more sawyers of us, we went up Chick-lane, there we saw the two prisoners coming out of that same alley into the lane; I knew them directly, and we secured them.

Q. to Hawkins. How near was you to them when they knocked the prosecutor down?

Hawkins. Within three or four yards.

Q. How do you know that they stopped his mouth?

Hawkins. I know that by his not crying the whole.

Cross examination.

Q. Had you a light in your hand when you first saw them?

Hawkins. No, I had not.

Q. How long had you seen Bulger and the young man before Richard Spencer came up?

Hawkins. I was walking towards them, and Spencer came up directly as I did.

Q. Did you see any thing taken from the prosecutor?

Hawkins. No, I did not.

Q. How many people did you see about the prosecutor?

Hawkins. I saw no more than the two prisoners.

Q. Did not you see another man there?

Hawkins. There was neither man, woman, nor child there, when Spencer knocked the young man down.

Q. What is your husband's name?

Hawkins. His name is Aaron Hawkins .

Q. How long have you been married to him?

Hawkins. Upwards of eight years.

John Potts . I keep the house at the corner of the alley.

Q. What house is it?

Potts. A chandler's-shop; about the hour of nine or ten, on that night, there came this woman Hawkins, with the prosecutor into my shop, he desired he might sit down a little.

Q. What is the name of the alley.

Potts. It is called Thatched-alley; his mouth was full of blood, and his lips were swelled, and he wiping himself, and crying; he related to me how he had been robbed of his watch and some money, and I think he asked for an officer.

Q. Did he say he had lost a handkerchief?

Potts. I remember he had one in his hand, with which he wiped his face.

Q. What time was this?

Potts. I do not remember the day of the month, but I know it was on a Saturday night: we have those things about us so frequent, that I did not charge my memory with it, thinking no more would come of it.

William Parsons . The prosecutor lodges at my house; I sold him a silver watch, he sent a young man to me to desire I would come to him; I went, there he was in bed with his head bruised in a very bad manner, and the side of his face was very much swelled; he desired me to go with him to the place where he was robbed, to see if he could hear of the watch. I went with him, we sent for the old woman that gave evidence, and she gave us the names of the two prisoners; then we went to the black-raven.

Q. What did she say the people's names were?

Parsons. She said they were named Richard Spencer and Mary Bulger ; we went out of the alehouse, thinking to go home, and we saw the two prisoners coming along that alley down into Chick-lane; there was a little shoemaker with us that knew them very well.

Q. How many were there of you all?

Parsons. I believe there were six of us; we apprehended them.

Q. What did they say for themselves?

Parsons. They said but very little; we took them to Wood-street Compter.

Q. Was you with them before the alderman?

Parsons. I was.

Q. Did either of them acknowledge any thing?

Parsons. I heard the woman say, that one William Shakespear had the watch.

John Hust . The young man came to me on the Sunday morning, after he was robbed, and told me of it.

Q. Was you with him when the prisoners were apprehended?

Hust. I was, I was the first person that laid hold of the woman.

Q. In what condition was the prosecutor that Sunday morning?

Hust. One side of his face was very much swelled.

Q. What did Mary Bulger say when you took her?

Hust. I said young woman you must go along with me; along with you, sir, any where, where you please.

Timothy Kenton I am a sawyer, I was at the taking the prisoners.

James Tompkins . On the 30th of July, it was my watch night; when I went to the watch-house, between ten and eleven o'clock, I was informed by one of the warders that Mary Bulger and Richard Spencer had committed a robbery on the Saturday night before. I ordered my warder to go along with me, at half an hour after twelve, to see for the doctor.

Q. Who is the doctor?

Tompkins. That is the name that Spencer goes by. I took four watchmen with me, hearing he was at a public lodging-house in Chick-lane; I went up stairs and found him there. Mrs. Dale, the woman that keeps the house, informed me about the robbery, but I had another thing against him, and that was for desertion; there I apprehended him.

Spencer's defence.

When the constable laid hold of me, I was coming up Chick-lane; meeting these people, they laid hold of Mary Bulger ; I was in a surprize, I wondered what the matter was; I was not at the robbery, I was at another place, (this woman, pointing to his fellow prisoner) and I were together on the Saturday; in the afternoon about five, or between five and six, I left her, and never saw her till the next morning.

Bulger's defence.

On the 29th of July I saw Richard Spencer between five and six, he and I quarreled; he asked me if I had done his shirt, he said he must mount guard without it; we had many words, I never saw him till the Sunday morning, then as I was coming along, I met these men, they said where are you going; I turned about, and said what do you want with me, they said a young man wanted to speak with me at the black-raven, then they took me away. On Saturday night, after Richard Spencer and I had quarreled, I went to my own home at Old-street, and got there about nine o'clock.

For Spencer.

Mary Seargood . Spencer is my own brother, I saw him on that Saturday evening, being the 29th of July, I was writing a letter to my husband on board the Tartar man of war, I gave it to the bellman while he was in the room.

Q. Where do you live?

Seargood. I live in great Ormond-yard, near Queen's-square, Holborn.

Q. What time of the evening was this?

Seargood. It was a quarter before nine o'clock, he came before the bellman came, and the bell-man generally comes by nine, or at half an hour after nine the second time, he comes twice. I carried my letter down to the bellman, and paid fourpence for the letter, and a penny for the bell-man; I left him in the room while I returned.

Q. Can you be certain as to the time ?

Seargood. I am sure it could not be ten o'clock, because the bellman always comes twice before ten o'clock.

Q. What time did he go away?

Seargood. When I returned from the bellman he was in my room, and I fetched him a pot of beer, and got him some bread and cheese, and he staid in my room all night.

Q. Did he lie alone, or with any body?

Seargood. He laid with my two children, and I lay below with my landlady; he has laid so many a night at my house.

Anne Magennes . Spencer went to the school with two of my children, I have known him fifteen or sixteen years, he was brought up in Clerkenwell-school.

Q. What is his general character?

Magennes. I never heard he did any ill till this in his life.

William Gross . I have known the prisoner Spencer twenty years.

Q. What is his general character?

Gross. I never heard any thing against him till now.

John Gross . I have known him about sixteen years.

Q. What is his character?

Gross. I always knew him to bear a very good character, an industrious sort of a man, he strove hard to get a living in an honest way.

Q. What is his business?

Gross. He is a soldier .

Elizabeth Hall. I have known him fifteen years.

Q. What is his general character?

Hall. He had a very good character till this happened.

Peter Leonard . I have known Spencer twenty years, I never knew any thing ill of his character till now; he has worked in my garden at labouring work a great many times, and behaved very honestly.

Q. have you known him lately?

Leonard. I have known him till within a month past.

Richard Maschel . I have known him about four or five years, and I never knew no more of him than that of an honest principled young man.

James Reading . I have known Spencer about 2 years.

Q. What is his character ?

Reading. That was always good, as far as ever I heard.

Bulger. My witnesses were here, but they are gone now.

Both Guilty Death .

295 (M.) Henry Heron , and Carow Barnaby , were indicted for stealing one cloth coat, value 8 s. one cloth waistcoat, val. 4 s. one hat, one linen shirt, two pair of cotton stockings, one pair of thread stockings, one common prayer book, one cotton cap, and one linen handkerchief , the property of John Bagshaw , Sept. 8 . +

John Bagshaw . I lodge at Mrs. Harrison's, in Oxford-road . Last Friday morning I went to my box to take out some clothes, and I miss'd the things mentioned in the indictment.

Q. Was your box lock'd?

Bagshaw. I left it lock ed.

Q. How did you find it when you missed your things?

Bagshaw. I found it unlock'd.

Q. Was the lock broken?

Bagshaw. I cannot say that it was.

Q. When did you see your things last?

Bagshaw. The Sunday before; I came to the box, to take out a pair of horse scisars.

Q. Did the prisoners lodge in that house?

Bagshaw. They did; but I had never seen them till after I had lost the things. I asked Mrs. Harrison about the things, she had no body that she could suspect but the two prisoners; they were gone. I applied to justice Fielding, and had them advertised; but they returned again, and were taken before the advertisement took place. I took them before justice Fielding, and upon their examination Barnaby confessed the things were in pawn at one Mr. Graygoose's, in Holloway-street; Mr. Fielding sent a man with me, and we found this coat, waistcoat, shirt, and a pair of stockings, ( producing them,) my property, and some other things were found at another pawn-broker's.

Q. What things?

Bagshaw. A pair of stockings, a handkerchief, and a night-cap.

Q. What did Heron say about the things?

Bagshaw. He said nothing at all in my hearing.

Q. What are you?

Bagshaw. I am an ostler; this hat was on Heron's head, when he was taken before justice Fielding; the justice ordered it me, it is my property.

Q. Where were these things before you missed them ?

Bagshaw. They were with the other things in my box.

Martha Harrison . The two prisoners had lodg'd with me about a fortnight when these things were lost; the prosecutor had got a place, and had left my room, and put his box in a closet by the side of the room where the two prisoners lay.

Q. Did the two prisoners lodge together?

Harrison. Barnaby took the lodgings for himself and a partner, and they both lay together.

Q. How long had they been gone when they returned again ?

Harrison. They had been gone two nights away. They went away on the Wednesday morning, and came again on Friday night; then we took them up.

Q. Was you with them before the justice?

Harrison. I was; but I really do not know what they said there; the pawn-broker brought the things, and they could not deny but that they were the things that they had pawn'd; I think Barnaby said, he designed to bring them again.

Q. Did you hear the other of them say who took them ?

Harrison. I did not hear any of them say that: I believe they both knew of it.

Q. Why do you believe so?

Harrison. They said, they shared the money.

Q. Did both of them say that?

Harrison. No, Barnaby said that; he said they had the money betwixt them; they both of them said, it was the first fault, and were very sorry.

Q. Did you see any thing of a hat?

Harrison. I saw this hat taken from off Heron's head.

Q. from Heron. Whether I made any confession before justice Fielding?

Harrison. He acknowledged it to be his first fault, and beat upon his breast, and cry'd terribly.

Heron. I said, it was the first time I was in disgrace.

Q. Did Heron say it was the first time he was in disgrace, or that it was his first fault?

Harrison. He said, it was his first fault.

Q. Was the closet door lock'd where the prosecutor's box stood?

Harrison. It was locked.

James Brooks . I am partner with Mr. Graygoose, a pawnbroker; the prisoner Barnaby brought this coat and waistcoat to pawn on the 6th of September.

Q. Did he come alone, or were any body with him?

Brooks. He came alone, and in order to make it appear they were his own, he took this coat and waistcoat from off his back, and brought others to put on, under his arm. The shirt and stockings were taken in on the 30th of August by a servant that is not here.

Q. Do you know any thing of Heron?

Brooks. I never saw him in my life, to my knowledge, till I saw him before justice Fielding.

Q. What did you lend upon the coat and waistcoat ?

Brooks. I lent 7 s. upon them, and Barnaby had 4 s. upon the shirt and stockings.

Francis Jordan . I am constable, I was charged with the two prisoners at the bar, on Friday night last, between 10 and 11 o'clock; they were taken before the justice, there I heard Barnaby confess that he had taken the prosecutor's right and property. I took this hat from off Heron's head.

Heron's defence.

A little house, one story high, a chandler's-shop, opposite to Hanover square, two windows in front, in the same line was a door that came out of a large closet, in an even line with these two windows; whither those left open till 10 or 11 at night, and when we have come home the door has been open; other people might come in and take them; we never lock'd our door; once a man that lodged there came into our room, and took a play-book of mine; consequently that man was as liable to be suspected as myself. My hat was an extreme good one. Barnaby being flush with money, he desired to change his hat for mine and gave me a little money to boot; he has since pledged mine, so I have lost a good hat by it.

Barnaby's defence.

We lodged together, and we were together when we found these things in the street.

Q. from Heron, to Harrison. Have not you left the doors open many times of nights ?

Harrison. If I left the door open it is more than I know.

Both Guilty .

[Transportation. See summary.]

296. (M.) James Baker , was indicted for stealing five gold-rings, value 30 s. one pinchbeck metal snuff-box, value 5 s. one silver watch, value 3 l. ten pieces of silver, value 18 d. one silver cup, one silver punch ladle, one silver pap-boat, seven silver tea-spoons, three silver table-spoons, one pair of silver studds, one pair of silver buttons, two guineas one half-guinea, 44 s. and one penny in money numbered, the goods and money of John Jones , in the dwelling house of the said John , September 4 . +

John Jones . I keep the Swan at Hampton-wick , the prisoner lives there.

Q. What business does he follow?

Jones. He did follow the business of collar-making , but I don't know that he follows any now. I lost out of a drawer in the room where I lie, which is one pair of stairs high, the goods mentioned in the indictment, there were four locks broke.

Q. When had you seen the things last?

Jones. On Monday morning, the 4th of September, then I put some money out of my pocket into one of the drawers, I think it was two guineas and a half, and there was just a guinea and a half more in silver.

Q. Mention the goods you lost?

Jones. Five gold-rings, a pinchbeck snuff-box, a silver watch, a great many small pieces of silver, a silver cup, that will hold about three quarters of a pint, a punch-ladle, a silver boat, seven silver tea-spoons, three table-spoons, a pair of studds, and a button or two; these were in the upper drawer.

Q. Was the drawer lock'd?

Jones. I lock'd it after I had put the money in on Monday morning, between 7 and 8 o'clock, and I had the key in my pocket.

Q. When did you miss these things?

Jones. I missed them on the Tuesday, being the next day, a person came to me for change for a guinea, and I went to unlock the drawer as usual, and found the bolt did not move readily; then I found it had been broke open; there were a great many writings, leases, notes of hand, and agreements, to the amount of 150 l. were all taken away.

Q. What marks did you observe upon the drawer?

Jones. The were four drawers broke, and upon one of the little drawers there appeared the mark as if done with a knife, and one of them is split very much by wrenching of it. Mr. Goodchild and Mr. Rowlls tried the prisoner's knife to the mark of the drawer, and they seemed to agree; the mark was just by the lock, where a knife had been put in to force the bolt down, so that it had made a dent in the upper part of the drawer, the dent was very plain.

Q. Does any body lie near that room?

Jones. My maid and my little girl lie in a room on the same floor.

Q. How came you to suspect the prisoner?

Jones. I came to London, to Mr. Fielding, to have the things advertised, and when I returned my writings and papers were found, as they told me, under ground in the prisoner's garden, in a canister; then I got a search-warrant from Mr. Rowlls, and went with the constable to search the prisoner's house, the first we found were the silver cup and spoons, and some small pieces of silver, the punch-ladle, watch, pap-boat, five gold rings concealed under ground close by the pales in the prisoner's garden. (Produced in court and deposed to.)

Q. Does the prisoner keep any lodgers?

Jones. No, he does not as I know of.

Q. What sort of a garden is the prisoner's?

Jones. It is a very small garden, all grown over with weeds, it has not been dug up for a year for what I know; but the ground where the things were found appeared to have been fresh dug up.

Q. How deep in the ground were they?

Jones. They were not very deep. Upon seeing ing the ground broke was the reason we dug for them.

Q. Is it an inclosed or an open garden?

Jones. One side of the garden is but very indifferent for fence, they are pales and some broke down.

Q. What does it lie too.

Jones. I think Mr. Dalton's garden and that lie close together.

Q. Is it bounded by other gardens?

Jones. There are little houses with little gardens that lie backwards of the houses, and at the back of the prisoner's garden is a meadow.

Q. Is there any gate that opens out of the garden into the meadow?

Jones. I think there is, but I am not sure; I never was in it before.

Q. How far is that garden from your house?

Jones. It is about 140 yards, or thereabouts; I got a warrant and took the prisoner up; the justices met at my house, and he was examined there, he denied the fact, and said he knew nothing of the matter.

Q. Had he used to come to your house?

Jones. Yes, he frequently came, as much as any of the neighbours.

Q. Was he in your house on Monday the 4th of September?

Jones. He was in the evening drinking with one Pearson betwixt 6 and 7 o'clock, he was drinking also with Mr. Gill and Mr. Newman, but he went out, and was gone about twenty minutes or half an hour, and came again.

Q. What room were they drinking in?

Jones. They were in the public room, the fore room on the ground floor, he staid but a little time before he went out.

Q. How long did he stay after he returned again?

Jones. He staid but a little time.

Q. How far is the stair-case from where he was drinking?

Jones. It is just by.

Q. Was any body up stairs at the time he was gone?

Jones. No, not as I remember.

Q. Could he, during the time he was absent, have gone up stairs and have taken the things out without any body seeing of him?

Jones. I imagine he could.

Q. Where were your people at this time?

Jones. Some in the back kitchen, and some in the cellar.

Q. Did he when he left the company go away with a candle in his hand?

Jones. I cannot say whether he did or not.

Q. How many people had you in the room at that time?

Jones. He was drinking with three people, and there were people coming in backwards and forwards.

Q. How many might come in the time he was drinking in that room?

Jones. Not a great many.

Q. Do you imagine the prisoner knew the situation of the room up stairs?

Jones. Without doubt, he knew all my rooms.

Q. Was he ever up in that room where you kept these things?

Jones. On the Sunday before he came to our house, pretending he wanted a button to be put on his collar, and wanted the maid to do it; he went into the back-kitchen where my maid was, and said nothing to her about it, but ran up stairs into my back-room.

Q. Did you see him?

Jones. No, but my little boy did, and told me.

Q. Did he, when before the justice, say any thing about going up that Sunday?

Jones. Yes, he said he went to see for the maid, to put a button on his shirt, and owned he went into my room, where the things were taken from, to see for her; there is the prisoner's knife, it was taken out of his pocket by the constable, this fitted the mark of the drawers.

Q. Who was at the finding the things besides you?

Jones. the constable was.

Cross examination.

Counsel. Then you say the garden is a little open on one side.

Jones. It is.

Q. Could not a person come out of the meadow into the prisoner's garden?

Jones. I believe they might; but they could not get into the meadow without coming over the Thames.

Q. Could not people come into that garden through Mr. Dalton's garden?

Jones. They might.

Q. Could they not also come into the prisoner's garden through Mr. Pyke's garden?

Jones. I believe they might.

Philip Yernel . On Tuesday morning, the 5th of Sept. a little before 6 o'clock, I was in my master Mr. Pyke's garden, the sence joyns to the prisoner's garden, the sence is about breast high; I saw the prisoner come out of his garden and he went down in the meadow, about 20 yards distance to an elder-bush, and take from thence a white bundle and conceal it under his coat, and then return to his own garden.

Q. Did you speak to him?

Yernel. I did, I gave him the time of the morning, and he the same to me.

Q. Did you see him do any thing in his own garden?

Yernel. No, I did not.

Q. Did you see him go into his own house?

Yernel. No, I did not; I took it he went to his own house.

Q. What sort of bundle was it?

Yernel. I thought it was about the bulk of 4 or 5 shirts tied together, I had but a glimpse of it.

Q. How long was it?

Yernel. About 14 or 16 inches long; he clap'd it under his frock.

Q. What was you doing?

Yernel. I was at digging up things for my master, there was this white pillowbear ( taking one in his hand) found in the ground, wrapp'd about the plate.

Q. Can you say that was the bundle you saw the prisoner with?

Yernel. I cannot.

John Bulling . I remember that Tuesday morning the prisoner at the bar borrowed a spade of me; I had borrowed Mr. Pyke's spade, and he came in Mr. Pyke's name to me for it, and said, he had asked Mr. Pyke, and he had given him liberty to have it; I let him have it.

Q. What time of the day was this?

John Bulling . It was about three quarters of an hour after seven.

Q. How far do you live from the prisoner's garden?

Bulling. It is about an 150 yards distance.

Q. Did you see what the prisoner did with the spade?

Bulling. No, I did not.

Q. Did he return it again?

Bulling. No, not to me; but to Mr. Pyke.

Cross examination.

Q. Did you ask him what he was going to do with the spade?

Bulling. I did.

Q. What did he say?

Bulling. To the best of my knowledge he said he was going to dig either a stump or a post up.

Q. What sort of a garden is the prisoner's?

Bulling. It is common to any body; there are three tenants, and the prisoner is the middle tenant. Dalton, that is on one side, has liberty to go to the pump and vault; and the other on the other side the same: and at the bottom of the garden there used to be a fence, and a gate; but now there is an open place, that a cart may drive through, where barge-men may come in from out of the meadow; I am subpenaed on both sides.

Thomas Longhurst . On Tuesday, the 5th of September, between 12 and 1 o'clock, I heard Mr. Jones had been robb'd; I went to him and asked him about it; he told me, he was robb'd; I went and saw there was a place that sceme I to have been lately dug up in the prisoner's garden, I dug there and found a large tin canister, with several writings in it, which proved to be the property of Mr. Jones. (Produced in court.)

Jones. The writings are my property, and were missing when the plate and money were.

Q. Is the canister your property ?

Jones. No, it does not belong to me.

Q. Does any of the witnesses know whose property the canister is?

They all answer they do not, and that they never saw it in the prisoner's custody.

Acquitted .

297. (M.) Jervas Shaw was indicted for that he did feloniously make, forge, and counterfeit, and cause and procure to be falsely counterfeited, a certain order for the payment of 7 l. 12 s . 6 d. directed to the Right Hon. the paymaster, or deputy paymaster to Chelsea hospital, signed John Dunshy , and for uttering it, with intent to defraud his Majesty , May 1, 1754 .*

James Emson . I have known the prisoner a great while, he applied to me in the year 1751 for a loan of some money, he wanted 200 l. I knew he was one, amongst the many others, that were permitted to discount the pensions for the pensioners at Chelsea hospital; I let him have 200 l. upon giving me his bond, and indorsing to me such a number of the Chelsea pension orders to the paymaster, or his deputy, rather more than the sum lent; and when they became due at the college, he applied to me for them, to receive the money, and deposited a fresh number in my hands in the room of them; he applied to me several times, I lent him 160 l. at another time to the amount of 690 l. in the whole.

Court. Look on this order. (He takes one in his hand.)

Emson. I used to deliver the orders to Mr. Rayment Pain, for him to deliver them to the prisoner, and to take others of equal value of him; this is one that I received of Mr. Pain.

Q. Did you make any mark upon it?

Emson. Here is J. E. on it, which I put there.

Q. Have you ever applied to any body, to see if it was a good order?

Emson. No, I did not, till there was an act of parliament made to put it out of the power of those people to proceed as before? and when the prisoner was arrested by Mr. Murry, then I thought to see whether my security was good or not, and I found this with others were forged.

Q. Where did you shew it?

Emson. I shewed it at the office, and then applied to my attorney, he fought other security of the prisoner for me, which was a mortgage of a place he had purchased of 150 l. a year; but this appeared to be no manner of advantage at all, (I suppose it to be of the same kind) so I left it to my attorney to do as he thought proper.

Q. Did you lend the money on the security of his bond, or on the credit and security of these notes?

Emson. I would not have lent him 5 l. on his bond; I had a bond, as is customary, but it was on the security of these notes that I lent him the money.

Cross examination.

Q. Did not you bring an action on this account ?

Emson. I do not know what action was brought, my attorney charged him with a declaration.

Rayment Pain. I have known the prisoner ten or twelve years, I have been frequently intrusted by Mr. Emson to deliver the Chelsea pensioner's orders to the prisoner, and to receive others in the room of them; I received some from the prisoner in the year 1755, about July, to deliver to Mr. Emson.

Q. Did you receive this now in question of the prisoner?

Pain. (He takes it in his hand) I really cannot tell in particular, because he delivered a whole bundle to me. I know I delivered them all to Mr. Emson, which he delivered to me.

Q. Did you deliver any papers to any other people at that time?

Pain. No.

Q. Have not you other people's papers in your custody?

Pain. No, none but my own; I lent the prisoner money as well as Mr. Emson.

Q. When did you deliver these papers to Mr. Emson?

Pain. I delivered them to him about July 1755.

Q. to Mr. Emson. When did Mr. Pain deliver to you these papers?

Emson. It was in the year 1755, I am sure this is one of them, it was not above five minutes distance in his receiving them of Mr. Shaw, and bringing them up to me.

Q. When did you make this mark upon it?

Emson. I believe I made it about three or four days after, it is usual for me so to do.

It is read to this purport;

December 17, 1754.

'' Sir, pray pay to Mr. James Murry , or order, '' my twelve months petition money, amounting '' to the sum of seven pounds twelve shillings and '' six-pence, which is, or shall become due to me, '' between the 25th of December 1754, and the '' 25th of December 1755, having received the '' full value of the same from the said James '' Murry, whose receipt shall be your discharge. '' From, sir, your humble servant, John Dunsby , '' his mark + ''

'' Witness, William Galley .

'' Directed to the right honourable the pay-master, '' or deputy pay-master of Chelsea-hospital.''

John Dunsby . I am an out pensioner to Chelsea hospital, and have been eleven years.

Q. Can you write?

Dunsby. I can, I was a corporal to a troop, and used to write the men's names, &c. (He takes two real orders in his hand; the names to these are my hand writing.)

Q. Here are witnesses to them, call them, John King and Elizabeth Dun .

Counsel for the crown. We cannot produce them.

Q. Who procures those witnesses?

Dunsby. Mr. Murry does.

Counsel for the prisoner. I object to his being asked as to his name on the order in question, he being interested in it.

Ann Dunsby . I am John Dunsby 's brother's widow, I have known John Dunsby thirty two years, he can write very well, I never knew him to make a mark instead of signing his name in my life.

John Wilton . I pay the cash in the office, under the pay-master general of Chelsea hospital; I know the prisoner, and have frequently seen him write.

Q. Can you turn to any book where the prisoner has wrote his name?

Wilton. Here is a book (producing one) here he has wrote his name to the payment of money.

Q. Look at the filling up of this order that has the mark of John Dunsby on it, and see if it agrees with the prisoner's writing in that book. (He compares them.)

Wilton. I think the prisoner writes better then this body of the order.

Acquitted .

298. (M.) John Bartlett , butcher , was indicted for that he did marry Sarah Briscoe widow , on the 21st of June 57 , his former wife, whose maiden name was Ann Cliff , being then living .

The witnesses could not prove his first marriage.

Acquitted .

299. (M.) Mary Simmons , spinster , was indicted for stealing thirteen 36 s. pieces, three guineas, one half guinea, and 2 s. in money numbered, the money of , privately from his person , August 21 .*

G. E. On the 21st of August last, the prisoner at the bar picked me up in the street, and we went into St. Catharine's court , betwixt 10 and 12 at night; she picked my pocket of the money mentioned in the indictment, and ran away with it; I pursued her but could not find her; when she was taken there was nothing found upon her.

Q. Did you feel her pick your pocket ?

Answer. No, I did not.

Prisoner. In a public house did you see me, that is false.

Answer. I did not say a public house.

Prisoner. I ran after you, you mean.

G. E. She confess'd when she was taken, she took it from me.

Prisoner. I'll tell my lord afterwards, what you say is not true.

G. E. She took us to Ann Mac Donnald's, and said to the constable and me, I should have my money again, but the person that she said she gave it to, is gone off, so I never had it.

Prisoner. How could you be so foolish a man to drop it down.

Q. Where is the constable?

G. E. His name is James Stabley , he is not here.

Prisoner. I hope I shall not be cast, for I never was before your lordship before, and I'll take care it shall be the last; he drop'd his money, and I stoop'd down to tie my garter, and saw it and took it up. I'll never pick up any more for your sake ( Pointing to the prosecutor.)

Acquitted .

300. (M.) Robert Robottom , was indicted for stealing two planes, value 2 s. the property of William Evans , October 31 .*

William Evans. I live in May fair , in the parish of Hanover square ; I am a joyner and carpenter ; I lost two planes on the twenty ninth of October last.

Q. What were they worth?

Evans. They were worth half a crown; one of them was a new one.

Q. Where did you lose them?

Evans. They were taken out of my chest; I bad lock'd it, but when I missed the things it was unlock'd.

Q. Have you seen them again?

Evans. Yes; they were found in the prisoner's custody.

Q. Was you by when they were found?

Evans. I was.

Cross examination.

Q. What justice was you before?

Evans. Before justice St. Lawrence.

Q. Was he, or was he not, discharged?

Evans. He was discharged; but not by our consent.

George Pocock . I am a carpenter; I was going by a house in Charles-street, where I used to work on the 30th of July; I saw the padlock was taken off the door, I went into the passage and heard somebody up stairs; I call'd, and the prisoner answered me.

Q. Whose house was this ?

Pocock. This was the house of Mr. Milton; I went half way up stairs, and could see the fore-room where the two carpenters chests were, and I saw somebody getting out at the window; I ran out at the door and pursued him, and took him in the Shepherd's market, May-fair, it was the prisoner at the bar. I, with others, took him to the Dover-castle alehouse, he was taken before justice St. Lawrence on the Monday, and committed to the Gatehouse for farther examination; we went and found that one John Johnson had conveyed away several tools from the prisoner's chest, by his order. We got a search warrant, and found one plane in the prisoner's master's shop, ( Mr. File wood,) which the prosecutor has swore to.

Q. to prosecutor. Did you see that plane that he speaks of?

Prosecutor. I did, it is my property.

John Johnson . I am a carpenter, the prisoner did work at Mr. Filewood's, I took that plane that Evans has swore to, out of the prisoner's chest.

Q. By whose order?

Johnson. He sent the key to me to unlock it, and take the plane out, and lend it to a friend that is gone to work in the country, which I did.

Q. Whose property was it?

Johnson. I believe that, and all the rest of the tools that he had, were honestly the prisoner's own; I never saw any other but honesty by him.

For the prisoner.

John Hassel . I am a publican, I have known the prisoner three years; I always took him to be a sober good sort of a man.

Prisoner. There is Mr. Filewood, one of the gentlemen of the jury that I have worked for, who knows me. If he will please to give me a character.

Mr. Filewood. The prisoner worked for me about five or six weeks, he is an active clever fellow, one of the most industrious men I ever saw. I never saw a man work so fast as he does.

Acquitted .

301. (L.) Sarah Edwards , spinster , was indicted for stealing six muslin handkerchiefs, value 3 s. 6 d. two pair of muslin ruffles, value 2 s. 6 d. three linen aprons, thirteen linen night caps, one pair of silk mittens, one pair of cotton gloves, one pair of worsted stockings, sixty yards of linen binding, two ounces of thread, three quarters of a pound weight of tea, two pound of sugar, and 1 s. 6 d. in money numbered , the property of Catharine Westcome , widow , July 9 . +

Catharine Westcome . I live in King's-head court, Beech-lane .

Q. What is your business?

Westcome. I keep a chandler's shop ; on the 9th of July my house was broke open; in the morning I was alarmed by a neighbour; I got up and found the window shutter broke, and a box that I used to keep under my counter, was standing upon the counter; and a cupboard by the counter was broke open, my tea and sugar were taken out of my canisters; I missed two muslin handkerchiefs, a pair of silk mittens, a black silk handkerchief, a pair of cotton gloves, a pair of stockings, these were taken out of the box; I missed also two double muslin handkerchiefs, two single handkerchiefs, and one dozen of caps from out of the cupboard; three white aprons, taken from under the counter, and some thread and binding, and about three quarters of a pound of tea, and about two pounds of sugar, and eighteen pence in half-pence from out of the till.

Q. Was the till left open?

Westcome. I was never lock'd.

Q. Are you sure all these things were in your house when you went to bed?

Westcome. I am positive they were, which was after 12 being on a Saturday night.

Q. Why do you charge the prisoner ?

Westcome. She had a lodging in White-cross-street, and she was very well acquainted with the house, for she was brought up in it, I did not in the least suspect her, but my neighbours told me they saw her with some of my things, and her brother's daughter charged her with some of them on her back. When I took her up I found an apron of mine upon her; (produced in court and deposed to,) she owned before justice Keeling that this was one of my aprons, but said it was brought to her after my house was broke open. Mr. Parrot has some things here, that were in my box, which he found in her room; (produced in court,) two pieces of binding, some fine thread, and two handkerchiefs.

Q. How was your window fastened?

Westcome. I fastened it with an iron bolt and key, and I found the sash open, and the shutter hanging by one hinge.

Q. Do you imagine the prisoner has strength sufficient to break it in that manner ?

Westcome. It needed not a great deal of strength, but I believe she could not possibly do it herself.

Mr. Parrot. The prisoner rented a room of me in White-cross-street, on the 26th of July, in the morning; I had word that she was going away, I went and seized upon the things that were left; while I was taking an inventory of them, the prisoner's brother, and her niece, and the prosecutrix came into the room; the prisoner, upon seeing the prosecutrix coming into the room, made a frivolous excuse to go down, and then went away; the things mentioned by the prosecutrix I found in the prisoner's room, and the prosecutrix claimed them as her own.

Prisoner's defence.

I was with Mrs. Westcome with a person that was ill, that person made me a present of the apron, and some caps, because I was so tender of her; I know nothing of the house being broke open; as to the tapes, I deal in needle-work, and buy my tapes at the best hand.

Q. to the prosecutrix. Did she nurse a person at your house?

Prosecutrix. She did; it was a relation of mine.

Q. How long was that before your house was broke open?

Prosecutrix. I believe two months before.

Q. Are you sure these caps and things were in your house the night before your house was broke open?

Prosecutrix. I am positive they were.

For the prisoner.

Ann Millington . I have known the prisoner about 8 or 9 years, I never knew any ill of her.

Q. What did she do for a livelihood?

Millington. She used to go to service, and when she was out of place then she weaved gimp in the loom.

Robert Linsey . I have known the prisoner from a child, she always behaved very just to me.

Q. Have you known her down to this time?

Linsey. I have not known her these 3 or 4 years since she has been at service.

Mary Hurt . I have known her about 6 months, she lived in the house with me; I never knew any thing amiss of her; but, surely, I did see a quantity of tea and sugar in her apartment.

Guilty 10 d.

[Whipping. See summary.]

302. Elizabeth Larner , spinster , was indicted for stealing 19 yards of cotton, value 20 s. and 40 yards of linnen, val. 30 s. the property of James Kating .

No evidence appeared, Acquitted .

303. (M.) Elizabeth, wife of John Johnson , was indicted for stealing a pair of linnen sheets, one bolster, and one blanket, the property of Thomas Gallt , the same being in a certain lodging room let by contract, &c. +

Elizabeth Gallt . I am wife to Thomas Gallt , we live in Gardners-lane ; I let the prisoner a ready furnished lodging, 6 weeks ago, at 2 s. per week; she was only one month in the room, she went away and took the key with her.

Q. Had she a husband?

Gallt. Yes; she paid for three weeks, and her husband paid for the lodging last week; but he never cohabited an hour with her in my house; I took her up, and she confess'd she took the things, and that she sold the feathers out of the bolster and bed for 7, 9, and 13 d. per pound, and afterwards sold the tick.

Jos. Nollet. I am a pawn-broker; the prisoner pawned a pair of sheets with me, on the 28th of July, for 18 d. (Producing them in court, and deposed to by the prosecutrix.)

Christopher Dison . I heard the prisoner own before the justice, the taking the things mentioned, and what she did with them.

Prisoner. I beg the court will be as favourable to me as possible.

Guilty .

[Transportation. See summary.]

304. (M.) Edward Williams was indicted for stealing one silver watch, value 40 s. the property of John Tompson , July 1 . +

John Tompson . On Saturday night, the 1st of July, about 10 o'clock, or half an hour after, I was in my bed, at the bunch of grapes , Castle-street, Long-acre , a publick house , I heard a person coming up stairs.

Q. Did the prisoner lodge there?

Tompson. I spoke to that person, he made but a low answer, and pretended to go up another pair of stairs, but came down again in about a minute, I ask'd him who was there? he said he wanted Dick Edwards and John Davis . I ask'd him how he came up without a candle? he made but very little answer; I told him he came of no good design; he went away, and pretended to go down stairs.

Q. Did you know who it was ?

Tompson. I did by his tongue, it was the prisoner at the bar.

Q. Was you acquainted with him before?

Tompson. I was but little acquainted with him; the next morning I got up and missed my watch.

Q. Did you hear him go down stairs?

Tompson. I cannot say I did; he seemed to attempt to go down.

Q. Was your room-door fastened?

Tompson. No, I was oblig'd to leave it open on account of the boy that was not come to bed, that lay in the same room.

Q. Where did you put your watch when you went to bed?

Tompson. I hung it on a nail by the bed-side.

Q. What sort of a watch was it?

Tompson. It was a silver watch.

Q. How long was you before you fell asleep after you spoke to the prisoner?

Tompson. I do not know; I am a dray-man, and our business is very laborious, so that we soon fall asleep after we get to bed.

Q. What time did you awake in the morning?

Tompson. I awak'd about 8 o'clock, then I missed my watch.

Q. Did the alehouse boy lie in the same bed with you?

Tompson. He lay in the same room, but not in the same bed.

Q. Which got up first, the boy or you?

Tompson. The boy did.

Q. How came you to charge the prisoner?

Tompson. I had a mistrust of the prisoner, because there had been a watch lost in the next room to where I lie, and he was suspected of having that. I got a warrant of Mr. Fielding, and went and took him in his lodgings in Eagle-street, Piccadilly. I took him by the collar, and charg'd him with taking my watch, and he own'd directly he had it, it was in his bed, he took it out, and delivered it to me, (produced in court and deposed to.) I asked him how he came by it, he said he gave a guinea for it; I asked him who he bought it of, he said of a man, his name was Davey.

John Walker . I am constable of the parish of St. James's, we took the prisoner up on the second of July in his lodgings, and he confessed he had the watch, and took it out of his bed himself, this is the same watch.

Prisoner's defence.

I had been to Marybone; I owed Richard Edwards a guinea, I had some money in my pocket, which I brought to pay him; I had a pint of beer, there came in one Morgan Jones, that lives in Swallow-street, he called me out, and asked me to let him have a little money, he said he wanted to go to Portsmouth: I said I had a trile, and that I must give to Richard Edwards , he said I need not be afraid of my money, he would give me a watch for security, in case I would lend him a trifle; so I lent him a guinea upon the watch, he said when he returned he would give me my money, and take the watch again.

To his character.

William Price . I have known the prisoner seventeen years.

Q. Have you seen him lately?

Price. No, I have not seen him this two years, I am just come home from sea, he did bear an honest character, he is a farmer's son, and used to labour with his father in Wales.

Thomas Evans . I have known the prisoner a great many years, he has been in London about two years, he did live with an apothecary in St. James's-street; he always bore a very honest character.

Guilty .

[Transportation. See summary.]

305. (M.) William Lion was indicted for stealing one tea-chest, value 2 s. and four silver teaspoons, value 4 s. the property of Carsten Dirs , August 23 . ++ .

Carsten Dirs . I lost a tea-chest and four silver-spoons, Joseph Mee brought them back, and the prisoner along with them.

Q. How long had you lost them?

Dirs. We had lost them about an hour and half.

Q. Did you know the prisoner before ?

Dirs. No, I did not.

Q. Did you know the person that brought them again?

Dirs. No, I did not, I had never seen him before.

Q. Where were the chest and spoons taken from?

Dirs. From out of my parlour, the maids were busy in washing, and had left the door open.

Q. Where do you live?

Dirs. I live in Well-close-square .

Joseph Mee . On the 22d of August, at night, the prisoner came to a public-house that I use, I knew him by his using that house, he is not one of our countrymen, he is a Barbarian.

Q. What is a Barbarian ?

Mee. That is, he is a man from Barbadoes.

Q. What public-house was this at?

Mee. At the Bishop's-head in Ratcliff highway, he asked to be trusted for a pint of beer, and brought this tea-chest under his arm; said he I have got this to put my money in, I am to go on board a ship with a shipmate of mine, and if you will let me leave this chest here, I will call again for it in half an hour's time, so he left it.

Q. What trade are you?

Mee. I am a baker by trade, but I am a gravedigger at present; when I came to look into it. I found four silver tea-spoons in it, they were marked E. R. When he came again I found he knew nothing of the spoons, they were in a private drawer. I charged him with stealing it, and he confessed that he and another man were going along, that the other man went in and took it out, and he received it at the door. He took us to the house where he had it, which was the prosecutor's house.

Prisoner's defence.

I had the chest of a young man that is gone to sea, and I carried it for him, and left it at that man's house.

Guilty .

[Transportation. See summary.]

306. (M.) Elizabeth Godden , widow , late wife of James Godden , was indicted, for that she did feloniously, treacherously, maliciously, and wilfully, kill and murder the said James her husband , June 22. *

She stood likewise charged on the coroner's inquest for the said murder.

George Higgins . I lodged in the deceased James Godden 's house, in a room over where he used to lie; on the 22d of June I heard him cry murder two or three times, about eight o'clock; I went down stairs as fast as I could, the key was on the outside of his door; just as I came there Eleanor May came in, she had been out, (she is a lodger in the same house) we entered the deceased's room both at one instant, I found the prisoner with her left-knee on the right side of the bed, the deceased lying on his back.

Q. Was he dressed or undressed?

Higgins. His cloaths were off, and he was in bed, she had her cloaths on, her left hand was upon his neck or wind-pipe as he lay, to hold him down, she had the iron pin of the window in her right hand, held by the little end; (he produced an iron pin or bolt, with a knob at one end, and a key hole at the other, about fourteen inches long) the deceased had hold of the great end with both his hands, endeavouring, I believe, to pull it away from her, and she seemed to endeavour to get it away from him. I ran immediately and took it out of both their hands, and took her away from him. As soon as I had so done, she flew at him again, and catched hold of his right arm.

Q. Which side of the bed was she on?

Higgins. She was on the right side of the bed.

Q. Did she seem to be in a passion ?

Higgins. She did, I pulled her away again, and asked him if they had had any falling out, he said none at all, and that he had no sleep all night, and he believed he was then in a slumber, and she had taken the advantage of him. I asked her afterwards if she had struck him, he told me she had struck him two blows with the pin before I came.

Q. Did you see her strike him?

Higgins. No, I did not.

Q. Did he say where she had struck him?

Higgins. He said she had struck him on the head.

Q. Did you see any wound?

Higgins. No, I did not at that time.

Q. Was she by at the time he said this ?

Higgins. Yes, she was.

Q. What did she say in answer to it?

Higgins. She said nothing at all, I asked her several times her reason for doing of it, but she made me no answer at all; he begged of us to go to Mr. Welch for a warrant for her, we went, he granted one, and we took her before him.

Q. Did the deceased go?

Higgins. No, he was not able to go; the justice examined her, but she said nothing, neither one way nor the other; he committed her, we came immediately home from the justice's, that is I and Eleanor May .

Q. How long had you been gone from the deceased?

Higgins. It was not above two hours at most.

Q. How did you find him?

Higgins. We found him in his bed; he had sent for an apothecary in the mean time; the apothecary's man was there when we returned.

Q. Did you see the wound?

Higgins. I did, and saw it dressed.

Q. How many wound were there?

Higgins. There was one wound.

Q. How deep was it?

Higgins. I cannot say as to the depth of it, he was so spent with his disease, that I believe he had no blood to bleed.

Q. What was his disease?

Higgins. He was in a deep consumption, which he had laboured under for years.

Q. If this accident had not happened, do you think he would have liv'd much longer then he did?

Higgins. I cannot say that, he was in a weak and low condition.

Q. Did you see him after this?

Higgins. The next time I saw him was the day before he died.

Q. When did he die?

Higgins. He died that day sennight.

Q. How did he appear that day?

Higgins. I could see very plainly that he was dying.

Q. Did you think he was dying of the consumption?

Higgins. It is what I can scarcely pretend to resolve

Q. Had you then any discourse with him?

Higgins. I asked him what he would have done with his wife; he told me as well as he could, that he would have her kept in goal; I told him I saw he was a dying man, and recommended to him to send for a clergyman, he said no more, only signed with his hands for me to say no more.

Q. Did you see him after he was dead?

Higgins. I did.

Prisoner. I was not in my senses.

Q. Was the prisoner in or out of her senses?

Higgins. I cannot tell.

Q. Did she use to be out of her senses ?

Higgins. There was such talk, but some of the house was of opinion that it was artificial, some otherwise, but that I cannot pretend to determine.

Eleanor May . I lodged in the deceased's house, I went into the room just as Mr. Higgins did.

Q. Have you heard Mr. Higgins's examination?

May. I have.

Q. Was every thing as he has said?

May. Yes they were, the deceased desired we would not leave him alone with her.

Q. Did he give you any reason why he desired that?

May. Not in particular, he said he was afraid of his life, and he desired me to fetch Mr. Nichols.

Q. What did he want with him?

May. He wanted to send her to the workhouse.

Q. Was Mr. Nichols master of the workhouse ?

May. No, he is a neighbour, a baker.

Q. Did Mr. Nichols come ?

May. He did.

Q. Did Mr. Higgins and you stay after Mr. Nichols came?

May. We did.

Q. What did the deceased say to Mr. Nichols?

May. He desired he would assist him in getting his wife into the workhouse, he wanted her to be taken from him, that she might not do him any farther damage. He said if the two good people had not come, my brains had been upon the pillow.

Q. Did he give any account by what means?

May. He said his wife had been striking him over the head with the pin of the window, and desired me to shew him the pin.

Q. What pin was it?

May. It is the same that Mr. Higgins had in his hand here just now.

Q. Was the prisoner by when the deceased said this?

May. Yes, she was.

Q. What did she say to it?

May. She said she would not go to the workhouse, she would go to Newgate.

Q. Was that all she said?

May. That was all I heard her say; after that we went to Mr. Welch's in the manner as Mr. Higgins has said.

Q. When did you see the deceased next?

May. I saw him again that afternoon, after the prisoner was committed, he had been in bed, and I helped him to get up.

Q. In what condition was he ?

May. He was very weak, and was forced to lie down again.

Q. Was the apothecary's man with him then?

May. No, he was not.

Q. Had his head been dressed then?

May. There was a plaister on his head, but I did not see him dressed.

Q. In what state of health was the deceased at this time?

May. He was in a poor state of health, in a deep consumption, he was very much worn away.

Q. When did you see him next after this?

May. I saw him several times, but the last time that I saw him was on the Monday before he died.

Q. What day of the week did he die on?

May. He died on the Thursday.

Q. What condition was he in on the Monday?

May. He was very bad, and lay groaning violently.

Q. Did you see the body after it was dead?

May. I did.

Q. As you lodged in this house, did you take this woman to be mad?

May. There was some talk of it, but I did not see any mad actions by her.

Q. from prisoner. Whether he was not dying some time before this?

May. I did not look upon him as a dying man, he had been abroad the Monday before.

Q. Did you think there was any hopes of his recovery before?

May. He was in a consumption before, but as well as he had been for some time.

Q. from prisoner. Whether he did not drop down in a sit on the Monday before?

May. Not to my knowledge.

Thomas W oodward. I am a constable; I took the prisoner before the justice, I live just by the prisoner, the deceased said to me, I am glad you are come, had it not been for these two people, (pointing to the two evidences ) my brains had been on the pillow; he desired I would take care of his wife.

Q. What said she to this?

Woodward. She was by, but made no answer.

Q. Did you observe any appearance of lunacy in her?

Woodward. No, I did not.

Q. Had you much knowledge of her?

Woodward. I did not know her very much, I knew the deceased very well.

Q. Did you see him before his death after this?

Woodward. I did, I went once, I am not certain to the day, I think it was about three days after this affair, I asked him how he did, he was very ill, and said he hoped I had taken care of his wife.

Daniel Douset . I am journeyman to Mr. John Jesterman , he has been apothecary to the deceased, and his wife, ever since I have been with him, that is fifteen years, I was sent for to the deceased.

Q. Did you dress his head?

Douset. No, I did not, I examined it.

Q. Who dressed it?

Douset. A person that lodges in the house dressed it by my directions.

Q. What is that person's name?

Douset. I do not know.

Q. What sort of a wound was it?

Douset. There was a bruise on the left side of the head.

Q. Did you look upon it to be dangerous?

Douset. No, I did not think it a dangerous one, very flight, very superficial, just raised the skin.

Q. Was the skull fractured?

Douset. No fracture at all.

Q. Did you see it afterwards?

Douset. I never went afterwards, finding it so slight.

Q. Did not your master go?

Douset. No.

Q. Did you see the body after he was dead?

Douset. I did, I examined the part; the coroner sent for me.

Q. What sort of a constitution had he?

Douset. A very broken constitution, quite worn out with sickness, a phthisical case.

Q. Do you upon your oath think this wound was the occasion of his death?

Douset. No, I do not think it was.

Q. Did any thing appear upon examination from the wound, as if it was the occasion of his death?

Douset. No, nothing at all.

Q. What in your opinion was the cause of his death ?

Douset. He died of his illness, a consumption.

Q. Have you been apothecary to the woman?

Douset. I have, she has had a scrobatical habit of body for years.

Q. Was she ever disordered in her senses?

Douset. Yes.

Q. When ?

Douset. About a month before she gave the deceased the blow, we treated her as such at that time.

Q. Was she well before this affair happened?

Douset. I cannot say whether she was quite or not.

Q. When had you seen her before?

Douset. I saw her between three weeks and a month before.

Q. How was she then ?

Douset. Very much disordered in her senses.

Q. from prisoner. Whether a petition was not filled up for me to be admitted into the mad-house ?

Douset. Yes, it was for her to be admitted into St. Luke's hospital.

Q. Who was it drawn by ?

Douset. I really cannot say.

Mr. John Jesterman . I am an apothecary, my servant, the last evidence, attended the deceased; I never saw him from the time of the blow, till the time of his death.

Q. How long had you been his apothecary?

Jesterman. I believe about eighteen years.

Q. What a constitution had he?

Jesterman. A very bad one, I expected his death every winter.

Q. Upon the representation your servant has given, do you think it was owing to this blow on the head ?

Jesterman. I cannot think it was owing to that, I think it was owing to the distemper, that is a consumption.

Q. Do you know the woman at the bar?

Jesterman. I do.

Q. Have you ever known her disordered in her senses?

Jesterman. I have for three months before this accident.

Q. How long before this accident might you have seen her ?

Jesterman. I believe about three weeks before, she was disordered then; I administered to her then as a disordered person.

Q. What might her disorder be owing to?

Jesterman. It was said she was given to drinking, and I believe she was, and that brought the disorder.

Q. from prisoner. Was I not very much disordered in my senses, and they were going to get me into the hospital?

Jesterman. Yes, she was, and her husband had an order about nine or ten days before his death to get her in; he told me he had got the paper.

Prisoner's defence.

I never had any quarrel nor any words, and I do not know any reason that could be assigned for doing it.

For the prisoner.

John George . I live in great Earle-street, about a quarter of a mile from where the deceased w'd, he told me about five days before this affair happened, that his wife was out of her senses, and that she had been a very good, industrious, and honest wife for thirty five years before, and that he had been to St. Luke's hospital to see if he could get her in, for he could not leave her five minutes alone; I have known them this twenty years, they lived very happily together.

John Coombs . I keep a coffee house in Red-Lyon-square; about a month before this affair happened, I called to see the deceased, they were both sitting in the shop, I asked him how he did, he said in his old way, meaning one day alive, and another dead.

Q. Did he say so?

Coombs. He did, he said his wife was worse again, that he believed her brain was turned, for she told him the lodgers had carried the beds and goods out of the rooms, where they lodged, and brought old ones in the room of them, when the things were standing as they did.

Q. Did you observe her then?

Coombs. I did.

Q. What was your opinion of her?

Coombs. To the best of my opinion I thought her out of her senses then.

Q. How long have you known the deceased ?

Coombs. I have known him about ten years.

Q. How had they used to live together ?

Coombs. They lived very happily till within this three years, since that they were not so happy as they were before.

Q. Did you ever know of any fighting between them?

Coombs. No, I never did.

Acquitted .

307. (M.) John Blood was indicted for that he did feloniously make, forge, and counterfeit, and cause, and procure to be falsely made and counterfitted a certain acquittance, to this purport .

'' March 24, 1757, received of Mr. John Blood '' five pounds for Muston-hill, till Christmas next; '' and the said John Blood is to receive what stone '' he thinks proper, as I have received the full of '' all demands; by me James Forteau.'' And for uttering the same, well knowing it to have been forg'd &c. November 3.*

Thomas Beaton . There was an agreement signed by me and the prisoner, on the day it beared date, (producing a paper) this is it; I gave him partnership in every thing, according to this paper. I told him always when he went down into Devonshire, where the slate-quarry was, that he had it under my hand for his acting in it; and it was a very advantageous thing to him.

The agreement read to this purport:

Memorandum.

'' It is agreed between John '' Blood, and Thomas Beaton , that they are coequal '' in partnership with each other in the '' lease and every matter in the quarry, called '' Muston-quarry, taken of Mrs. Forteau; the '' meaning is, equal gainers or losers in all '' slate used in the slateing trade. Witness our '' hands, the 24th of Oct. 1755.

John Blood . Thomas Beaton .

Beaton. We had a verbal agreement with him above a year before this bears date.

Q. Is there any account settled between you?

Beaton. No there is not, it is open still.

Q. What did he give you this acquitance for?

Beaton. He gave me this along with other accounts from his own book; but there is no account settled now, nothing allow'd on either side.

Q. Have you any accounts delivered in by him, in which he has charged this acquittance?

Beaton. No otherwise than that he has delivered this and other receipts which are forged; and I will not allow them.

Q. Do you keep a book of debtor and creditor?

Beaton. I do.

Q. Was you at this time to pay a proportion of the rent to Mrs. Forteau ?

Beaton. Yes, I was.

Q. On what account did he give you these receipts?

Beaton. He gave me them as money paid, of which I was to be half, had he paid the money, and they been good receipts.

Q. Did he deliver you any account of debtor and creditor?

Beaton. No, he did not.

Cross examination.

Q. Did you receive a letter from Mr. Harrison, an attorney, in behalf of the prisoner at the bar?

Beaton. I did.

Q. What was the purport of it?

Beaton. It was for me to settle the prisoner's and my accounts; I waited on the attorney, and told him how it was.

Court. The right way would have been to have brought in a bill in chancery, to have settled accounts; and if he had produc'd these bills there. (if forg'd) the court would have ordered a prosecution.

Acquitted .

The prisoner was released on his own recognisance to appear to other two bills of indictment, for forging 2 other acquittances, &c. after the accounts came to be settled in the court of chancery.

308. (M.) Anne, wife of William Davis , was indicted for stealing two laced caps, value 4 s. the property of Thomas Gatliffe , July 20 . +

Catherine Gatliffe . My husband's name is Thomas, we live at the Jacob's well, in Shoreditch ; the prisoner came to my house for a pint of beer, on the 20th of July, about half an hour past eleven o'clock in the fore-noon; after she was gone I missed two caps, I asked her about them, she said she knew nothing of them; but I found upon enquiry, that she had pawn'd them to Mr. Mattam, in Shoreditch.

John Mattam . I am a pawn-broker; on the 21st of July the prisoner at the bar pawn'd 2 caps with me in the name of Mary Clark , she said they were her own property.

Lydia Baymon . I am servant to the prosecutor; the prisoner came into the wash-house on the 20th of July, between 11 and 12 o'clock, I went and did draw her beer, and when I returned from the cellar with it she was in the drinking room reading the news paper; I was washing the caps and other things, in the wash-house, when she came in.

Q. Did she come into the wash-house?

Baymon. I did not see her in the wash-house.

Henry Haswell . I am a peace-officer; I took the prisoner at the bar in custody on the 29th of August, and she was charged with stealing the caps which were found at Mr. Mattam's; she said they were her own property. (The caps produced in court and deposed to)

Prisoner's defence.

The caps are my own property.

Guilty 10 d.

[Transportation. See summary.]

309. (L.) Phebe, wife of Robert Mekham , was indicted for stealing one muslin apron, value 12 d. one linen apron, value 9 d. the property of John Marsh ; three other linen aprons, one pillow case, one silk and cotton handkerchief, and one linen handkerchief laced , the property of Peter Lupton , August 15 . ++

Ann Lupton . My husband's name is Peter, I take in washing; I lost the goods mentioned in the indictment, part my own, and part the property of Mr. Marsh, in August last; I suspected the prisoner, I took her up; she said if I would let her have her liberty she would set the goods all down that she had pawn'd, and they were at Mrs. Morgan's; I went there, and found them.

Q. from the prisoner. Did not you employ me to pawn goods for you?

Lupton. I have; she has pawn'd the gown on my back.

Q. Did you ever order her to pawn any of these goods mentioned in the indictment?

Lupton. No, I did not; she has pawn'd other things for me.

Mary Morgan . The prisoner pawn'd these things with me. (Producing the goods, and deposed to by the prosecutrix and Mrs. Marsh.)

Jane Marsh . The prisoner told me she had pawn'd these things to Mrs. Morgan, and that she took them from Mrs. Lupton.

Prisoner's defence.

I never took any thing out of her house; I know nothing of the handkerchiefs; Mrs. Morgan knows my character, if she will speak for me.

For the prisoner.

M. Morgan. I have known her about two years, never knew any ill of her; she lives just by me, she appear'd to be very industrious,

Elizabeth Pelks . The prisoner lived with me seven years, a very honest woman, I never hear'd any ill of her; I brought her up from a child.

Elizabeth Flowers . I have known her about a year, I always took her to be an honest person.

Mary Edley . I lived in the same house the prisoner did, I never hear'd any ill of her.

Acquitted .

310. William Gardener was indicted for stealing one bureau, val. 1 l. 5 s. one wooden chest, one looking-glass, one coffee-pot, one gridiron, one tin pot, one bible, one tin candlestick, two earthen dishes, two pans, two linen caps, two gold rings, one linen apron , the goods of Isabella Smith .

No evidence appeared.

Acquitted .

311. (L.) John Johnson was indicted for stealing two loafs of bread, value 2 s. and one other loaves of bread, value 6 d. the property of John Cane , Sept. 11 . +

John Cane . I live in White-cross-street, and am a baker ; I never saw the prisoner in my life before, I can only swear the bread to be my property; my man is not here that detected him.

Q. What is his name?

Cane. His name is Balendine.

Acquitted .

312. (M.) Mary Smith , spinster , was indicted for stealing two sheets, value 5 s. and two pillowbears, the property of Edward Taylor ; and one pair of breeches , the property of Edward Westmore , Aug. 9 . ++

Edward Taylor . I keep a publick house ; the prisoner came to my house and called for a pint of beer, and desired my wife to help him to a private lodging; my wife sent out, but could not get one; the prisoner looking clean, we let her lodge at our house: after she had been about 3 weeks at our house, our maid was going up stairs to sheet a bed, the prisoner took the sheets and said she would do it; she laid them on the bed, and took the dirty ones away, and a pair of buck-skin breeches out of that room, the property of Edward Westmore , she went away with them. We took her up about a week after, and she confessed she had pawned the sheets on Ludgate-hill, for 6 s. and the breeches in Shoe-lane, for 4 s. where we went and found them.

Samuel Slayter . I am a pawn-broker; these breeches (producing a pair) were pawn'd at our house, in the name of Mary Jones ; I live in Shoe-lane.

Edward Westmore . These are my breeches.

Taylor. She own'd she pawn'd them about the middle of Shoe-lane, on the left hand side going from Fleet-street; there Mr. Slayter lives.

Slayter. There is no other pawn-broker in the lane but me.

Adam Bobine . (Produced a pair of sheets, and a pillowbear;) I cannot swear to the woman that brought them, I believe the prisoner to be the woman; there is never another pawn-broker on Ludgate-hill but me.

Prisoner's defence.

I lodg'd at my prosecutor's house 3 weeks, and was very ill with an ague and fever; I never touch'd the sheets.

Guilty 10 d.

[Transportation. See summary.]

313. (M.) Leonard Jackson , was indicted for stealing one bedstead, value 15 s. one flock bed, value 5 s. one bolster, value 2 s. three pillows, value 18 d. one linen sheet, value 6 d. one blanket, value 2 s. and one rug, value 18 d. the goods of Anthony Simpson , July 3 .*

It appeared there had been contracts between the prosecutor and prisoner, relative to the goods mentioned, and that it did not amount to a felony.

Acquitted .

314. (M.) Eleanor , wife of Edmund Bottles , was indicted for stealing one linen shift, value 5 s. one pair of stuff shoes, value 9 d. one steel swivel, value 2 s. and one brush , the property of Christopher Clapham , July 17 .*

Dorothy Clapham. I am wife to Christopher Clapham .

Q. Where do you live?

Clapham. My husband lives in Yorkshire, if he is alive.

Q. When did you hear from him?

Clapham. I have not heard from him this three months.

Q. Have you any reason to think he is dead?

Clapham. I can't tell.

Q. Is he on a journey there?

Clapham. No, he is settled there.

Q. In what business?

Clapham. He keeps a farm there.

Q. Do not you live with him?

Clapham. No, we are parted.

Q. How long have you been parted?

Clapham. We have been parted five years.

Q. Where do you live ?

Clapham. I live in Holborn, by the bars.

Q. What things have you lost ?

Clapham. I lost as many things as come to about 3 l.

Q. Name them?

Clapham. I lost a shift that I bought at an old cloaths shop

Q. What is the value of it?

Clapham. I had wore it a little, it cost me 5 s. I never had it on above three times.

Q. What else did you lose ?

Clapham. I lost a pair of stuff shoes.

Q. What is the value of them?

Clapham. They were worth about 9 d. I wore them in a morning before I put on my better things; I lost also a swivel and a brush.

Q. Where were they taken from?

Clapham. They were not in my possession, because I was in Wood-street compter, at the time they were taken away.

Q. What was your employment?

Clapham. I was bar-keeper to Mr Hall, and when I was in the compter, the woman at the bar and a man, were put into the house instead of me.

Q. Did Hall put you in the compter?

Clapham. No, he did not, but it was thro' him that I was put there.

Q. Explain that?

Clapham. They called me Mr. Hall's wife, and they took me instead of him; his house was indicted.

Q. For what?

Clapham. For a disorderly house.

Q. Did you ever find your things again?

Clapham. Yes, I did, the prisoner had my shift and shoes on, and my swivel hanging by her side with three or four keys on it?

Q. What pretence had Hall to put them into the house?

Clapham. The house was his.

Q. Did you go for Hall's wife?

Clapham. People used to call me Hall, and I could not tell every body what my real name was.

Q. Did you ever advise Mr. Hall to remove his goods?

Clapham. I did.

Q. Did you advise him to employ Bottle and his wife in so doing?

Clapham. I really can't say.

Acquitted .

315. (M.) John Read , otherwise Hoskins , was indicted for that he on the king's highway, on Ann, wife of Robert Odell , did make an assault, putting her in corporal fear and danger of her life, and taking from her person, one pound weight of mutton, value 3 d. one silk handkerchief, value 6 d. and 6 d. in money, the goods and money of Robert Odell , against the will of the said Ann August 25 .*

Ann Odell . On the 25th of August, I had been to buy some mutton to make some broth for my husband; I had got some turneps and some bread; I went into a chandler's shop and the prisoner at the bar was there.

Q. What time of the day was this?

Odell. It was about nine at night; I had these things in my lap; I sat down, the prisoner took my meat and ran out of the shop; the man of the shop said lay it down, it is the woman's, then the man said be so good as to go out of the house.

Q. What is that man's name?

Odell. It is Edward Southard .

Q. What did you go in there for?

Odell. Only for a halfpenny worth of bread; the prisoner said if he had me out at the door, he would kick me from d - l to d - l; he watch'd me out at the door, then when I was in the street he knock'd me down, and put his hand upon my body; he took away my meat, and my handkerchief, and 6 d. in money, and tore my cloaths all off my back, and left me there for dead; I calling out, he ran away; when I took him up he fell down on his knees, and asked my pardon, and said he would give me a crown.

Q. What was the handkerchief worth?

Odell. It was not worth much.

Q. from prisoner. What did I knock you down with?

Odell. With your hands to be sure.

Prisoner. She is a very drunken woman, all her neighbours know it.

Edward Southard . On the 25th of last month in the evening, the prisoner came into my shop and asked for some bread and cheese upon credit; I refused letting him have it; he asked for a pint of beer, I drew it, he drank it, and would not pay for it; I desired him to go out, this woman came in, she had got a bit of meat, which she laid down on the compter, and asked for a halfpenny worth of bread; after I had served her the prisoner took up the bread and meat, and ran out of the door with them; I called after him and said it belonged to me, then he brought it back and laid it down; he still kept calling her bitch and whore; she kept the things in her lap, he said if he had her out at the door he would kick her from d - l to d - l; when I thought he was quite gone, I went to the door; I said to the woman she might go very safe; she went away, after which I heard the cry of murder, I went to the door, she call'd stop thief; I went to her, there lay the woman, I saw her nakedness down below her navel, she said the man had stripp'd her of her victuals, and turneps, a handkerchief from off her neck, and some money; she came and staid in the shop till she came to herself, then I went to go home with her a second time.

Prisoner's defence.

This woman that swears against me, has hired two thief catchers, to take away my life; she met me in the street, and said brother craft will you give me a pint of beer, I said I would, we went into the king's arms in White-cross-street, she said my dear let's have a pot, then two or three of her acquaintance came in, the pot was soon out, come said she we will have another, she pat her hand in her pocket, and said I have got no snuff; she went out, and left me five pints to pay for. I did not see her for a week after. When I came into that chandler's shop, there she sat, said I you are a slut; she called me old rogue, and son of a bitch; I called her again; I drank my beer and went out about my business. By the time I got home and up stairs (I live behind Cripplegate church,) the clock struck ten. I went to work the next morning; at last came a man and said I had rob'd and stripp'd the woman; that afternoon she and two thief-catchers laid hold of me; there they made me spend my money, and then took me to New-prison please to enquire into the woman's character, she is drunk every day: I had many of the best of Cripplegate parish to give me 2 character, but it being late they are gone.

Guilty , Death .

316. (L.) William Smith and Walter Buckland were indicted, the first for stealing seven pieces of woollen says, containing 270 yards, value 29 l. the property of Stephen Oliver : and the second for receiving the same, well knowing it to have been stolen , May 12 .*

Thomas Lambert . I am servant to Thomas Fen , Esq; he is general receiver for the county of Suffolk; I pack'd up 17 says, 3 blue; 29 yards in one parcel; 19 says middle, 42 yards in another parcel; and 3 fine Bozley says, about 25 yards in a piece; we do not name them by the yard: the whole number was 39 pieces.

Q. In what quantity were they put up?

Lambert. They were put up in three different parcels; there were 15, and one for a wrapper, in one parcel; and the same number in another; and six and one, in another parcel. (This is the parcel that was missing.)

Q. How many yards did that contain that was missing?

Lambert. There was about 25 yards in the wrapper, and 42 yards each of the 6.

Q. What marks were there on this parcel that was missing?

Lambert. I put a ticket as is customary of advice, as I always do of the number of the pieces, and the sorts; in this I put such a little hit of paper about 3 inches, by two.

Q. What were the words?

Lambert. T. F. 6 middle, 42 yards and one Bozley, as a wrapper.

Q. What is the value of these in London?

Lambert. I cannot tell that, my business is wholly in the making part, I never meddle in the selling; I pack'd them up, that is, I saw them pack'd up, and saw them delivered to Mr. Oliver or his man.

Q. Who is Mr. Oliver?

Lambert. He keeps the Sunbury waggon.

Q. When did you deliver them to him?

Lambert. I delivered them the 11th of last May.

Q. What to do?

Lambert. To be sent to London.

Court. Look at this paper.

Lambert. This is the ticket that I put into the parcel that was lost.

It is read.

'' T. F. 6. Midd. 42 yards and one Bozley, as '' a wrapper.''

Stephen Oliver . I help'd these three parcels on to my waggon, they were made fast in the waggon with an intent not to be unloaded till they came to the spread eagle in Grace-church street.

Nathanael Gin. I drove the Sunbury waggon, and brought these goods safe to London; when I came to White-chapel, there I unloaded some other things, I saw these parcels all safe then fastened in the waggon; that parcel which was taken away lay behind at the tail of the waggon, fastened in with a new rope, but when I came to the spread eagle in Grace-church-street, I found the rope was cut, and the parcel was gone.

Q. Where about did you stop in White-chapel?

Gin. I stopp'd right against the rose and crown, or the 3 nuns on this side the minories, just before we went in under Aldgate.

John Brown call'd.

Council for the prisoner. I object to his evidence, we shall prove that he was tried and capitally convicted in this court some years ago.

Foster. Here is a copy of the record of the trial and conviction of this person.

Q. Is it a true copy?

Foster. It is; I examined it with Mr. Wilson in the clerk of the peace's office for the county of Middlesex, in Gray's-inn, Holbourn.

Q. Whose writing is it?

Foster. It is my hand-writing.

It is read in court, to this purport:

'' Whereas it appear'd that John Robertson and '' Jacob Codosa were tried at Justice-hall, in the '' Old Bailey, on Wednesday the 8th of December, '' in the 16th year of his present Majesty, '' and found guilty of a capital offence, and received '' sentence, to be each of them hang'd by '' the neck till they were dead: and that his Majesty '' was graciously pleased to extend his royal '' mercy to Jacob Codosa , on condition of being '' transported for the time of his natural life.''

Q. Did you read over the original record?

Foster. I did.

Q. Is nothing said as to Robertson having mercy extended to him?

Foster. No, there is not.

C. for the prisoner. We will now prove that John Robertson , mentioned in the record, is the same person that comes now to be an evidence in the name of Brown.

William Floyd . I live in White-cross-street, I have known this Robertson 25 or 26 years.

Q. What name did he go by when you first knew him?

Floyd. He went by the name of Robertson, and so he does now; and he was cast by the name of Robertson in this court.

Q. Did you see him cast?

Floyd. No, I did not; but I saw him in Newgate and drank with him, when he was under sentence of death.

Q. Who was cast with him?

Floyd. I cannot tell.

Q. How came you to come to see him?

Floyd. I came to see him along with one Mr. Mons; and at that time he had robb'd Mr. Muns of two gallons of French brandy.

Q. What was he under sentence of death for?

Floyd. For house-breaking?

Q. What time of the year was it?

Floyd. It was in the winter time.

Q. How long is it ago?

Floyd. I believe it is 16 years ago, or upwards.

Q. Are you sure this man is the same?

Floyd. I am; I knew all his family; I was a play-fellow with him.

Q. Where did he live then?

Floyd. He lived then in Blue-anchor-yard.

Q. In what part of New-gate did you see him?

Floyd. I saw him in a cell in Newgate.

Q. Had you any conversation with him about it?

Floyd. No, I had not; I drank part of two pots of beer with him.

Q. Had he got his pardon then?

Floyd. No, he had not.

Q. Do you know that he has got his pardon since?

Floyd. I do not know that he has.

Esther Darling . I know that Brown by the name of John Robertson ; I was once upon a trial of him and Jos. Isaacs.

Q. Was he clear'd, or cast?

Darling. He received sentence of death here.

Q. What was he convicted for?

Darling. For stealing some rum and brandy from out of Goodman's fields.

Q. Did you see him in the cells in Newgate?

Darling. No, I did not.

Q. Did he always go by the name of Robertson?

Darling. He did. This is the man. ( Pointing to Brown.)

James Haines . I have known this man that goes by the name of John Brown about 6 or 7 years.

Q. Do you know any thing about his being cast for life?

Haines. No, I do not.

Foster. I had conversation with this man that is call'd John Brown, in New-prison, about his being convicted of a felony; I told him there, that I was taking up a copy of a record against him, for stealing goods out of the dwelling-house of Trasana Hayden; he told me, he could not help it.

Q. Did he tell you he was the man?

Foster. No he did not, neither did he confess it.

Q. Whether he meant he could not help stealing the goods, or could not help your taking out the copy of the record?

Foster. I cannot tell which he meant.

Q. When had you this conversation?

Foster. It was at the time I was drawing up this copy.

John Brown sworn. On the 12th of May last, in the evening, I was in Petticoat-lane where I live, along with William Smith the prisoner; he came in order for us to go and look out in that unhappy way of life, we staid in my house till about 10 or 11 o'clock; we went out into Church-row, Whitechapel, there stood a waggon at the end of Church-row, we went very near the arse of it, I was first; Smith called after me, and swore, here is a rum chance.

Q. What is the meaning of that?

Brown. That signifies something good; the meaning of rum in that dialect is Beru. I was anxious to go to a publick house; then we were going to the rose and crown to see a girl that liv'd with me, which a fellow had beat. I said to Smith it is only packs of veal that they bring out of the country, then he swore, d - n me, I will try; he took his knife and cut it, and put his finger in and said, it is all cloth; then I was as ready as he to take it away. He cut several cords with his knife behind the waggon that were put cross, and the pack fell naturally on his shoulder, I held it up behind, and we immediately struck through that alley again, and from thence into Gravel-lane, and through that to a court next Devonshire square, which is called Pump-court, there we knock'd up one Sanders. a Jew.

Q. What time of the night might this be?

Brown. This was about 11 o'clock, it being their Sunday; that is, on the Friday night; he had a lamp burning, he took it in, then we opened the pack to see what was in it: there were six pieces of that stuff they call says, and one piece which wrapp'd up all the other six, which was but about half the bulk of the other, and there was a wrapper besides; then we immediately began to make a bargain for it; but we could not agree for the price.

Q. What did he bid you for it?

Brown. He bid us but 3 d. a yard for it, we thought that too little; and Smith said, never mind him, I will take a bit of it and call upon Buckland, and I will call again, this lies in his way, he may make linings and other things of it.

Q. In what business was Buckland?

Brown. He keeps a cloth-shop in Long-lane, Smithfield ; while we were making a bargain with Sanders, some body knock'd at the door, we imagined we had been pursued, having been there but a little time; we were sadly affrighted with guilty consciences; with our scuffling we put the Jew's light out, but we soon found the person that rapt at the door was only a drunken man; then the light being out, we could not look at the stuff any more; then he said, come when my sabbath is over then perhaps we may agree. I went away; Smith came to me on the Saturday morning as he had appointed, and said Buckland had bid him 6 d. per yard for it at the first word.

Q. Where did you leave the cloth?

Brown. We left it with Sanders all night.

Q. Did you see any ticket describing the cloth, when you open'd it?

Brown. No, I did not; we went to Sanders on Saturday about noon, we told him how much Buckland bid, then Sanders bid us the other penny a yard, we did not agree with him then, he bid us come and fetch it away that evening, when it was dark we went to fetch it.

Q. Did you find it in the same condition as you left it the night before?

Brown. We did, it was too heavy to be carried in one pack, so we divided it, we went into Duke's place and there pick'd up a porter.

Q. What was his name?

Brown. I can't tell that; the porter went to Sander's, and brought four pieces of it in a sack, and the remainder of it was to be fetch'd another time; I staid for the porter in Hounsditch, then I desired Smith to take that and carry it to Buckland's and said I'd go and bring the rest. The porter put it down on a bulk, and Smith, and a little porter named Alexander or Sanders, took it and carried it to Buckland's, and the port er went back to Sanders's for the rest; he soon returned to me with the second parcel, then we went with it to within about forty yards of Buckland's house, to a bulk at the end of Long-lane, Aldersgate-street; there Smith met me, and began to swear at me for staying so long, he said give it me, it is all bank.

Q. What is the meaning of that?

Brown. That is, it is all safe, he said Buckland don't care to be concerned with too many people, he is a learning chap; I'll go and I'll do for myself and you too; you not afraid that I should sink upon you.

Q. What did he mean by sink upon you?

Brown. That is to keep part of the money myself, without giving an account of it; then Smith ordered the porter and me to go to a public house, accordingly we went to the sign of the child's top and whip.

Q. Who carried the second parcel to Buckland's?

Brown. Smith did.

Q. How do you know that?

Brown. I saw him go in at the door with it, for I was dubious of him and I watched him.

Q. Did he know what alehouse you went to?

Brown. He said to the porter, go to the child's play-thing, that was the whip and top; while we were at the alehouse, I was fearful that Smith would sink upon me; I left the two porters there, and I went to Buckland's door and peep'd thro' the key-hole, and heard Smith and Buckland making a bargain about the cloth, Smith said it is worth 14 or 15 d. a yard, if we had the worth of it; I saw the parcel that I carried lying on the counter, and Buckland leaning with his hand upon it; the bargain was struck for the six pieces, he was to give 6 l. Smith said that is no more than six pence a yard; Buckland was to give six pence a yard, and nothing for the remnant; they measured it to be satisfied, and it ran two yards and a half above what it would come to at six pence a yard; so he said let it come to what it will, I will give 6 l. for them all.

Q. Did you hear Buckland ask Smith how he came by them, while you stood at the door?

Brown. He need not to ask him that, for Smith told him; Buckland said you have sold Levi Sanders them, could not you have let me seen them first. Said Smith we got them but last night out of a waggon in White-chapel. Well, said Buckland, I should not like to be behind any body; I should like to see the first of every thing.

Q. Did you see the money paid?

Brown. No, I did not.

Q. What became of you then?

Brown. I would have staid longer to have seen the upshot of it, but my head hit against the door, as my foot slipped, and Buckland came and looked out at the door, but I pop'd under a gateway just by his house; there I saw him put his head out and look about, and when he shut the door, I went to the porters at the alehouse.

Q. What became of the first parcel?

Brown. Smith told me he carried that to Buckland's.

Q. When did Smith come to you?

Brown. In about 3 quarters of an hour, or an hour after, he came and hollowed at the alehouse door.

Q. Where did you go that night?

Brown. I paid for the liquor, and we joined Smith in the street, and went over Moorfields; in the middle of Moorfields he said, you know Buckland is a comical sort of a chap, he never pays for all at once, he gave me but half, I have got but 3 l. we went under a lamp, and there he gave me 30 s.

Q. Who paid the porters?

Brown. I did; I gave one 2 s. and the other 6 d. He that had but 6 d. carried the first parcel along with Smith. There was a great noise about this afterwards, and a man was taken up upon it; it alarmed us, so that we kept out of the way. About a week or eight or ten days after this, Smith and his father and I were going by Pye-corner, we saw Buckland with a woman in an alehouse; he came and called to us to come and drink; we went in and sat down and drank, he took me to the door, and said here has been a d - d piece of work about this d - d says, I wish I had never troubled my head with it, but there will nothing come of it; said he I happened to be at a place, and heard an apprentice say they were going to look after some people that had robbed a waggon, and that they had got intelligence of the persons. I was singing of a song, and it struck me all of a heap; I could not sing any more, I thought the people took notice of me. I had it then at home, so I ran home and sent it out of the house.

Q. What did he mean he carried out of his house?

Brown. That was the says. Said I, I am told that the people who lost it value it at near 30 l. how could you give us so little for it; he said do you consider how long I shall have it by me; if it had been dy'd I could have afford to have given a good deal more for it. I must have it pressed and dyed, and may keep it seven years before I make use of it; said he Mr. Plump and Bobb Sanders came to me to fist me, but I knew as much as ever a Plump of them all; they have got nothing out of me, do but keep your tongue and nothing can hurt you.

Q. Who are Plump and Sanders?

Brown. Two thief catchers. Then we paid for a pot of beer and came away.

Q. Did you ever receive the other money?

Brown. Yes, Smith brought 3 l. more to me, and said he had it of Buckland, and gave me 30 s. of it.

Q. How long was that after you had received the other.

Brown. It was that day week after.

Cross examination.

Q. How long have you gone by the name of Brown?

Brown. I have a good while.

Q. How long?

Brown. I cannot tell.

Q. Do you say you never went by any other name but Brown?

Brown. We people in our way go by a great many names.

Q. What is your way?

Brown. I have confessed myself to be bad, and I hope to atone for my past offences.

Q. Why did not you carry this parcel to your own house, you say you live but in Petticoat-lane?

Brown. We never carry things to our own houses, but to those that buy them.

Q. Was your house searched for these things?

Brown. It was the next day after we took them.

- Alexander. I am brother to Levi Sanders , or Lion Sanders, a Jew, on the 13th of May, it being on a Saturday, about eight o'clock in the afternoon, I was employ'd by my brother to help pack up these things, he would have no business with them.

Q. How many pieces were there of them?

Alexander. There were six pieces, and another piece; I help'd pack them up together into two parcels; four of the pieces were in a bag, the other three were in a wrapper; my brother and I went together and called a porter.

Q. What is his name?

Alexander. His name is Solomon Myers ; then I left him, and was going to bed in Woolpack-alley, and in about a quarter of an hour I met Smith, the prisoner, with a bundle, at a coal shop, he called to me, and asked me if I would earn six-pence; I asked what to do, he said only to lend a hand over the fields with these things, he had the first parcel with him in the bag; he said he was going to Buckland's with them, and that he had them from my brother's house; I help'd him with them, we had two turns each, and at last we carried them to Buckland's house.

Q. Was this one of the two parcels that you pack'd up in your brother's house?

Alexander. It is.

Q. How do you know it was one of them?

Alexander. He said it was, and I knew the bag again.

Q. Did you see Buckland?

Alexander. I did, he said to me will not your brother buy these things, how came you to carry them: I said my brother would not have any thing to do with them.

Q. Did Buckland receive them of you?

Alexander. He did, I laid them on the compter.

Q. What time of the night was this?

Alexander. I believe it was between nine and ten o'clock.

Q. Was it dark ?

Alexander. It was, but there were lamps lighted.

Q. Did you see Brown that night there?

Alexander. Smith and I came out together to wait for his coming, and the other porter, whose name is Solomon Myers , he had told Mr. Buckland in my hearing, there was another parcel coming.

Q. Did they come?

Alexander. Yes they did in about ten or fifteen minutes, Myers brought it, and put it upon a bulk at the corner of Barbicain, facing Long-lane, which is within sixty or seventy yards of Buckland's door; then Smith took the parcel and went up Long-lane with it, and bid us go to an alehouse, we went and called for a pint of beer, and asked what sign it was, they told us it was the boy's-play-thing; I went to Buckland, and told Smith where we were, when I found it was the whip and top.

Q. Who went with you?

Alexander. The other porter and Brown did, I found Smith and Buckland together when I went there, and the second parcel on the compter.

Q. Did you see the first parcel?

Alexander. No, I suppose they had put that away; then I went back to the alehouse, and staid there about ten minutes.

Q. Did you miss Brown at any time when you was at the alehouse?

Alexander. I did for about seven or eight minutes, or thereabouts; afterwards somebody came and made a hollowing at the door; Brown heard it, and went out, and did not stay long, he came in and paid for two pints of beer, and we drank a dram and went out together; we met Smith at the corner where the second parcel was left, then we went all away together over the fields, and just at the bottom of the field, by a lamp going into old Bedlam, Smith and Brown stopped, we were on one side of them, within about ten yards, they told some money between them under the lamp, what it was I cannot tell.

Q. Did you hear the conversation?

Alexander. No, I did not.

Q. Who paid you?

Alexander. Smith paid me 6 d.

Q. What had Myers?

Alexander. He had 2 s.

Q. Who paid him?

Alexander. Brown did, then Smith went to his own habitation, and we three went through old Bedlam home.

Smith. I never saw that man before to my knowledge.

Cross examination.

Q. Have you been used to this sort of business?

Alexander. No, I went as another porter may, to carry the goods.

Q. How came Buckland to hear your brother had been about buying them?

Alexander. I do not know.

Q. Did you know where you was going when they first engaged you to carry the parcel?

Alexander. No, I did not think I was going to Buckland's, I thought I was to have gone to Smith's house.

Q. Where did Smith live?

Alexander. Upon Clerkenwell-green.

Solomon Myers . I am a porter, I was employ'd by the last witness and Levi Sanders , on Saturday night the 13th of May, to carry a load, I did not know what was in it; there were two parcels, a wrapper, and a bag; I took the bag; Lyon Alexander told me to carry it into Houndsditch; I took it from Sanders's house and carried it to the corner of Castle-yard, and pitched it on a bulk, Sanders had told me, I should see a gentleman standing there, he would receive it of me: I went and saw Mr. Brown standing there, I clapp'd it down, and went back, as Sanders had desired me, to fetch the other parcel that was in the wrapper; when I came there with the second load, Brown was there, he said I must go along with him, I went with him.

Q. What became of the first load?

Myers. That was gone when I came to the bulk the second time; I went with him to the end of Barbican, near the white bear, we staid about 5 or 6 minutes, then Alexander came, and another man with him.

Q. What was that man's name?

Myers. They told me his name was Smith.

Q. Look about, see if you can see him?

Myers. I believe this is the man, (pointing to the prisoner Smith) he took the load, and where he went with I cannot tell.

Q. What became of you afterwards?

Myers. We went into a publick house in Goswell street the sign of the whip and top, there Alexander, and I, and Brown sat drinking a pint of beer; afterwards Brown said to Alexander, go and let Smith know where we are; Alexander went and came back again and he said he had told him: we drank another pot of beer, and by and by Brown went out of the room for a few minutes; and afterwards Brown came in and called for a glass of rum and paid the reckoning, and we all went out together, and found Smith at the corner of Barbican.

Q. Had Smith any thing about him?

Myers. No, nothing but the bag and wrapper; as we went along Moorfields we were about twelve yards from Smith and Brown, we saw Brown receive some money of Smith; Brown gave me 2 s. and I thank'd him.

Cross examination.

Q. What sort of a wrapper was that you mention?

Myers. It was a very coarse bit of cloth.

Stephen Oliver , jun. I was at the searching Sanders's house in Pump-court, and there I found this ticket that has been produc'd here; this is the ticket that was put into the parcel that was missing, it is the same that was shewed to Mr. Lambert.

Jane Jones . I live in Deptford; Buckland came to my house in the beginning of June, but what day in particular I cannot say; at his first coming he said, he came away for being bound for a man for debt; after a little time he gave me occasion to inquire into his character, I found it not as he had told me.

Q. On what occasion was it that you inquired into his character?

Jones. He gave me leave to inquire into his character for particular reasons.

Q. What reasons?

Jones. He made love to a young woman in Deptford, that had some fortune, so he gave me leave to inquire into his character; after I had made some inquiry I talk'd with him, and he owned that this Brown and Smith had stolen a parcel of goods in White-chapel, and he bought them, and that was the reason he came away from his home: he said also, that there was a bill of indictment found against him the last sessions, and he came away to be out of sight; he wrote a letter to Mr. Cornelius, and to that end he applied to my daughter for some paper.

Q. Was you by at that time?

Jones. I was.

Q. Did your daughter let him have some?

Jones. No, she did not; he pull'd some out of his own pocket, he began to write while I was by, but I did not stay till it was finish'd, but my daughter did.

Cross examination.

Q. How long did he confess this before he quitted your house?

Jones. He never quitted my house, for we soon had him taken; that is, the people that first brought him to my house did.

Q. Did he say he came away because he had bought, or because he was charged with having bought?

Jones. He said he had bought goods of these men, and several other things besides that parcel; he gave the letter into my hand after he had wrote it, for me to carry it to where it was directed; but I gave it to Mr. Bell.

Jane English . I am daughter to the last witness, Mr. Buckland was at her house, and one day he asked me to give him some paper, I said I would get up and give him some, he said I have some in my pocket which my man will know.

Q. Was you near him when he wrote it?

English. I was sitting at the same table.

Q. What did he do with that letter?

English. He delivered it to my mother.

Q. Do you know the contents of it?

English. I do some of it.

Mr. Bell. Mrs. Jones delivered a letter to me; this is it. (Producing one.)

Q. to Mrs. Jones. Is this the letter you deliver'd to Mr. Bell?

Mrs. Jones, (takes it in her hand;) It is the same letter which Mr. Buckland delivered to me.

Q. to English. Look on this letter.

English. This is the same letter that I saw Buckland write, it is a leaf which he tore out of a shop book; here are two red lines on one side, and one on the other.

A copy of the original letter read in court:

'' Mr. Cornelius, pray Deliver that White wigg '' that I Bought of Brickland it hangs On the '' Sconce to the Gentlewoman and give all the '' particulers of My affairs and to Let Me know '' whether Brown is tryed or vether Smith Will '' be trye'd or Not this Sessions and Give Me all '' the true perticulers that you Can hear that '' is true Wheather Good or Bad Agst Me Mr. '' Cornelius, at the Receit of this Goe to Westmister '' to Mr. Judge and Desire him to Send me '' What Moneys he Can Spare Me att this present '' and give him a Receit in part for What you Recev'd '' the Gentle Woman Will Be in town tell '' this Eavening and Let me know Wheather Mr. '' Sweatman Makes his payments and Send Me '' What you Can. for Money Runs Very Short '' With Me being Flusterrated from place to place '' and no Residence witch Runs Me to Expences.

'' so Be Steady and act true and faithful to Me '' and if please God to Bless Me Once more with '' My liberty I will always think it My Duty to '' Make you amends. - My kind to My Sisters '' and I hope they behave Well for it Will '' Be for their Good as Well as Mine,

Your Friend, W. B.

Smith's defence.

I am very innocent in the affair; I know nothing what they have been talking of; ask Robertson what time I came to his house.

Court. That is Brown.

Brown to the question. He came to my house on the Friday about 5 or 6 o'clock, he us'd to come about that time, being a proper time.

Q. from Smith. What month was it?

Brown. It was the 12th of May.

Smith. I kept a publick house at the corner of Mutton-lane, this evidence said he was a watchmaker and lived in Ratcliff Highway, and his wife kept a chandler's shop there; he was by when the warrant was serv'd on me; I asked him if he would bail me? he said he would.

Brown. We have done many such things as that.

Smith. He told the justice he rented 14 l. a year.

Brown. These are not the first schemes that you and I have been in.

Buckland's defence.

The porter Myers came to me when I was in the Compter, and said I am sorry for what I have done, for this prosecutor has offered me 5 l. to swear against you.

Q. to Myers. Did you say to him as he relates?

Myers. No, I never said such a word; no soul offer'd me a farthing.

Q. Was you in the Compter to see him?

Myers. I have been in the Compter to several prisoners when Buckland was there.

Q. from Smith. Was not you brought into the Compter to see if you knew me? What did you say to my Lord Mayor?

Myers. The first time I did not know him, because it was quite dark, on a Saturday night. When I came again Mr. alderman Cockayne was there, I told him that was the man; I did not see my Lord Mayor.

Buckland. I was recommended to court this Mrs. Jones's daughter, I made love to her, the father, mother and daughter gave it out so; she had had a sweetheart before, who told me something that wa s not agreeable; I told the old woman of her daughter's fault, and she desired me not to expose her daughter; and because I would not have her, they have done all this out of spite.

Q. to Mrs. Jones. Do you give this evidence by way of resentment on the account of his usage to your daughter?

Jones. Upon my oath I do not.

Q. Did he court your daughter?

Jones. He came in pretence to do so, we had not known him 3 weeks.

Q. Did he court Jane English ?

Jones. No, it was my other daughter, if it may be so call'd. I believe he never was twice alone in her company in his life; she is here, and has as much to say against him as I have.

For Smith.

Sarah Fuller . I have known Smith some time, he is a very honest endeavouring young man, as far as I know.

Mary Brooks . I have known Smith ever since he was a child; he has the character of a very honest young man, as far as I know; he is a needle-maker.

Elizabeth Jones . I have known him about four years, I never knew him dishonest in my life, I never heard any thing of him but that of a good character.

Jane Brogden . I have known Smith from a child, he is an industrious man for any thing I know.

For Buckland.

John Shelton . I have known Buckland about four years, he has dealt with me during that time for bread, he always paid me honestly.

Isaac Rawlins . I have known Buckland twenty years, and from what I know of his dealings, I could not suppose him guilty of the fact.

Jos. Stent. I have known him I believe fifteen years; as to his character, that I know nothing of.

Francis Latwitch . I have known him about 13 years, he has dealt with me that time, he payed me honestly, justly, and freely.

Abraham Fort . I have known Buckland 10 or 11 years; I keep a shop and sell goods, he has traded with me, the man never did me any harm. I have nothing more to say.

Mr. Mitchel. I believe I have known him twenty years, I never heard any thing bad of him before this affair.

George Swetman . I have known him pretty near 9 years, he is a very civil good-natured neighbour as any in the neighbourhood; we have dealt for several scores of pounds, he paid me very honourably.

John Payton . I have known him as a neighbour 4 or 5 years, but never had any dealings with him; I know nothing about his character.

John Douglass . I have known him almost four years, he always behaved very well and very civil to me as an honest neighbour, as far as I know.

Both Guilty .

[Transportation. See summary.]

316. (L.) William Lee , was indicted for returning from transportation before the expiration of his time , June 23 . +

Mr. Chettham produced the copy of the record of the trial and conviction of the prisoner, and deposed he examined it in the clerk of the peace's office, by looking upon it while the original was read, and by looking on the original while the copy was read.

It is read in court.

'' The substance of it was, that he was tried at '' Justice-hall in the Old Bailey, on the 8th of '' December, 1752, for stealing one silver watch '' value 3 l. the property of William Hartley , '' thirteen 36 s. pieces, one guinea, one half guinea, '' and 50 s. in money numbered, the money '' of Elizabeth Waters , in her dwelling house, '' November 25, 1752; that the jury found him '' guilty, and he received sentence to be hang'd '' by the neck till he is dead; and that he received '' his majesty's most gracious pardon, on condition '' of being transported for the term of seven '' years; in June sessions 1753.''

William Knot . I saw the prisoner tried here for robbing Mrs. Waters of about 30 l. and William Hartley of a watch, he was cast for his life.

Sarah Stevens . Mrs. Waters is dead; I remember the prisoner being taken up for robbing her, but I was not at the trial; I saw him in Newgate after he was condemned; I went there along with Mrs. Waters, and we were with him in the press-yard; I saw him about six months ago at my house, that is the bowling-green house at Bromley by Bow. I knew him some time before he was tried; I sollicited for his pardon, and his majesty was pleased to extend his royal mercy to him, on condition of being transported for the term of seven years.

Arthur Tetherley . I believe the prisoner is the man that I assisted in apprehending, about six years ago, for robbing Mrs. Waters of thirteen 36 s. pieces, and other money, that man was tried here, and cast for his life; but I will not be positive to the man.

William Harrold . I have known the prisoner ever since the latter end of last April was twelvemonths, he went by the name of Leeworthy; I left him in the Downs at anchor, mate of a ship; I never saw him but that time, till I saw him upon Change the 2d of last June, he said to me, pilot how do you do, then I knew him.

Q. Was he at large then?

Harrold. He was, on the Royal Exchange.

Jacob Shipton . I am nephew to Mrs. Waters, I saw the prisoner tried here for robbing my aunt, he was cast for his life.

Michael Sanders . I took up the prisoner on the back of the Royal Exchange, a captain brought him to me.

Prisoner's defence.

I am not the man, but supposing I was, I was brought back contrary to my inclination; by sentence of a court-martial in America.

He called Jasper Barrovel , esq; one of the principal clerks of the admiralty, who produced the original court-martial record, which was transmitted to the office where he belongs.

It was read.

'' The purport of it was, a court-martial was '' held on board his majesty's ship the Monarque, '' in Halifax river, on the 9th of September 1755 '' to inquire into the loss of the Mars, captain '' John Amherst, commander; which ship the prisoner, '' by the name of Leeworthy, had charge '' of as pilot, when she was lost; and that the loss '' of the ship was entirely owing to the said Leeworthy, '' who was adjudged to be carried to England, '' to be sent to the Masnralsea prison, there '' to remain till the 9th of March next ensuing.''

Jasper Barrovel . He was sent on board the Lys.

He produced the warrant from the lords of the admiralty, to the marshal of the admiralty, to take him into custody on his arrival.

It was read in court.

'' Directed to Mr. William Brown, marshal; '' dated December 15, 1755.''

John Phillips . I brought the prisoner from on board the ship Lys, and carried him to the Marshalsea prison, by an order which I had, December 17, 1755; he was in irons on the poop, and I brought him to the prison in hand irons.

- Siborn. I am one of the turnkeys of the Marshalsea prison, I had the prisoner there from the 19th of December 1754, to the 10th of March 1755, for losing the ship Mars.

Acquitted .

317. (L.) Thomas Moon , was indicted for stealing one pair of leather breeches, value 5 s. the property of Richard Wood , August 28 . ++

Richard Wood . I lodged at the swan at Black-fryers , so did the prisoner; I missed a pair of leather breeches out of my box, I charged the prisoner with taking them, he confess'd he had taken and pawned them, and went with us to the pawnbroker's, where I found them. (Produced in court and deposed to.)

Guilty .

[Transportation. See summary.]

318. (L.) Anne Neat , was indicted for stealing two aprons, two handkerchiefs, two shifts, one silver tea spoon, one calimanco petticoat, one camblet petticoat, one cotton gown, and one calimanco gown , the property of Elizabeth Kingman , August 1 . ++

Elizabeth Kingman . I lost the goods mentioned in the indictment, they are all found again, except the spoon, which the prisoner said she had sold.

William Jennings . I am constable, I took the prisoner, she had a calimanco petticoat on, which the prosecutrix owned. The prisoner confess'd where she had pawned the other things, and I went by her direction and found them.

Prisoner's defence.

I am but sixteen years of age.

She called Mary Curfey , who had known her twelve years, and Elizabeth Dadley , from three or four years of age, who gave her a good character.

Guilty 10 d.

[Whipping. See summary.]

319. (L.) John Brown , was indicted for stealing one butter-basket, value 2 s. 6 d. one cloth, value 12 d. the goods of Thomas Rodgers ; and fifty one pounds of butter, value 30 s. the property of Thomas Winnicomb , August 21 . +

Mary Winnicomb . I missed a fiat of butter, containing fifty one pound, that came to town by the Aylesbury waggon, after which Mr. Jeffreys the book-keeper came to me, and told me he had got it again, and that the thief was gone to the Compter.

John Jeffreys . The Aylesbury waggon was unloading in Newgate market on the 21st of August about four in the morning; I saw the prisoner going off with the flat of butter on his shoulder, belonging to the prosecutrix, I stopt him with it in Newgate street, and had him secured.

Guilty .

[Transportation. See summary.]

320. (M.) William More was indicted for stealing one camblet gown, value 2 s. one linen gown, value 4 s. one cotton gown, value 6 d. and one linen apron , the property of Samuel Rogers , August 29 . +

Susannah Rogers . My husband's name is Samuel; I saw the prisoner coming down stairs from my room, which is two pair of stairs high, with the things mentioned in the indictment on his arm; he had not bundled them up, but had flung a handkerchief over them, he dropp'd them on the stairs, and ran away, but was soon secured.

Margaret Troutwhen . I live opposite the prosecutrix, I saw the prisoner in her room, and saw him take the things mentioned, their window and mine being open.

Frederick Troutwhen . Deposed as the last witness, and that he went and told the prosecutrix of what he had seen, by which he was detected.

Prisoner's defence.

I lately came from the country, and went there to inquire for a man; I did not meddle with the things.

Guilty .

[Transportation. See summary.]

321. (M.) John Forguerson was indicted for stealing one solitaire set with diamonds, and an emerald in the middle, value 300 l. the property of lady Barbara Aston , widow , April 15, 1754 . +

John Shepherd . I live over against St. Clement's church, and keep a turner's and toy shop; on the 15th of April, 1754, there came a man in a brown livery, he offer'd a solitaire set round with diamonds to me, he said he did not know the value of it, but said it were diamonds: I had a gentleman in my house that was a jeweller, I carried it up to him, he said they was diamonds; I told the prisoner it was of great value, and I must stop it till he gave a good account how he came by it: he said a washerwoman found it in Grosvenor square, and gave it to him, and that he would bring the woman to me; he did not come, so I advertised it on the 22d of the same month; I advertised it three times in all, in the daily advertiser. Mr. Fielding, Mr. Welch, and Mr. Stuart came to my house about November the 4th, they ask'd to see the diamonds, I shewed them to them, they sealed them up and left them with me, and Mr. Fielding desired I would call upon him, and he would give me farther directions; I did: he told me to carry them to my lady Aston, saying they were hers. I delivered them to my lady and had a receipt of her. (The solitaire produc'd.) This is the same. I cannot swear that the prisoner is the man that brought it.

Mr. Stuart. I had this solitaire from my lady Aston about 3 weeks or a month ago, she is not in town now. The prisoner lived servant with my lady Ashton in 1754, and he wore such a livery as Mr. Shepherd has mentioned. I was with him before justice Fielding, and heard him confess that he found the solitare on the carpet of my lady's house.

Mary Hencock . I lived servant with my lady Astton at the time the prisoner did, he went away in May 1754, I know nothing of the solitaire.

Prisoner's defence.

I have lived in Staffordshire since I left my lady's service; I know nothing of what is laid to my charge.

Acquitted .

322. (L.) Richard Chester , was indicted for stealing one shovel, partly wood, and partly iron, value 12 d. the property of John Finch , April 17 . ++.

Guilty .

[Transportation. See summary.]

323. (L.) John Timms , was indicted for stealing one linen handkerchief, value 18 d. the property of Thomas Zachary , privately from his person , September 12 . ++ .

Guilty 10 d.

[Transportation. See summary.]

John Carrier , convicted in June sessions; Richard Spencer ; John Downs ; Thomas Head , convicted this sessions; and Margaret Larney , convicted in January sessions, were executed pursuant to their sentences on Monday the 2d. of October.

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

Received sentence of death, 5.

Richard Spencer ; Mary Bulger ; John Downs ; Thomas Head ; John Read otherwise Hoskins.

Mary Bulger pleaded her belly, and a jury of matrons were impanneled, and brought in their verdict, not quick.

For transportation for fourteen years, 1.

Walter Buckland .

For transportation for seven years, 28.

William Davey; Elizabeth Laurence ; Richard Chester ; John Timms ; William Smith; John Brown; Thomas Moon ; Martha Wright ; John Pain ; Sarah Finch ; Margaret Burk ; Edward Gee ; James Battle ; Michael Lynch ; Anne Davis ; Isabella Butler; Elizabeth Durham ; Abigail Glyn ; Richard Ash; Henry Heron ; Carew Barnaby ; Anne Bell ; William More ; Elizabeth Johnson ; Edward Williams ; Mary Smith; William Lyon ; and Michael Drawater .

To be branded, 2.

Mary Howel , and Richard Wyman .

To be whipped, 5.

Sarah Edwards ; Robert Butterworth ; Anne Neat ; Judith Riley ; and Anne Wheatley .

John Carrier , convicted in June sessions; Richard Spencer ; John Downs ; Thomas Head , convicted this sessions; and Margaret Larney , convicted in January sessions, were executed pursuant to their sentences on Monday the 2d. of October.

Just published, Price bound 8 s.

(The Third Edition corrected)

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

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