Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 16 April 2014), December 1758 (17581206).

Old Bailey Proceedings, 6th December 1758.

PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.

BEFORE the Right Honourable Sir RICHARD GLYN , Knt. Lord-Mayor of the City of London; Sir MICHAEL FOSTER , Knt. *, Sir SIDNEY STAFFORD SMYTHE , Kt. + Sir WILLIAM MORETON , Knt. Recorder ++, and others of His Majesty's Justices of Oyer and Terminer for the said City and County.

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

London Jury.

John Kirk

John Sherwood

Christopher Norris

James Harrison

John Thompson

Samuel Rowley

John Overlove

Richard Hudson

Charles Cawthorn

Christopher Tedman

John Williamson

Jasper Britt

Middlesex Jury.

Edward Anderson

William Lambert

Thomas Fowler

John Collins

Thomas Millward

John Randall

Thomas Abbott

Richard Davis

Thomas Ridge

William White

John Clark

John Clark

1. (M.) Edward Newton was indicted for stealing 30 yards of callimanco, value 39 s. the property of Joshua Newson , Nov. 6 . ++

Joshua Newson . I am a weaver , the prisoner was my servant . I missed a piece of callimanco, and by looking I found it concealed: on the 6 of Nov. in the morning it was taken away. I had looked on it every day; then my father, to whom I had told the affair, took him into a room: my father tax'd him with it: he denied knowing any thing of it 2 or 3 times: this I heard. At last he said, if you please I'll go and fetch it, which he did, and said he hoped I would forgive him. (produced in court and deposed to ) Here is my name on it.

Q. Does your father live with you?

J. Newson. No: he lives next door to me.

Thomas Newson . I am father to the prosecutor; my son came to me and told me he missed a piece. He, by hunting about, found it concealed. Then I said be sure you see it every day: when he missed it he told me, then I went and took the prisoner into a room, and tax'd him with it. He said take care of my character, I never was a thief. But at last, finding me resolute, he told me he would fetch it, which he did: this is it. The next day he said he would take his oath on the book, never to do so no more. We always took him to be an honest man.

Prisoner's defence. Mrs. Curtain in White-Chapel, asked me, if we had any callimanco which was very good, I said yes. She desired me to bring it for her to look at it. I asked her what time I should bring it. On the Monday morning I had some yarn to be carried to be scowered at a Dyer's. I looked among the goods, and happened to find this piece. I took it and put it among the yarn, and carried it to show her. I left the yarn at the Dyer's, and carried the piece, but she was not at home; then I carried it to my own house; then I went out with two bills, and left one for acceptance, the other I took the money and brought it to my master, which was 10 l. Then my master's father took me into a room, and asked me what I had done with that piece of callimanco that I had taken away. I said I had carried it to my own house, and went and fetched it, and told my wife if the gentlewoman came, to tell her the price; and that I should be at dinner. After that, my master and I [Text unreadable in original.] the other end of the town, and din'd a pipe together. After which Lombard-street, where I acceptance for the m I went a the prisoner 18 en he was servant had the business his ut four days before the called upon usual, I been a customer to his master Richardson. asked me if I wanted any thing in his way. said if you have my callimanco of the best sort would see he said he had not, but would some as soon as he had. On the morning following, he brought a black piece of callimanco to my house as I was told, but I was not at home, then he left word he would ca it to his own house, and I might call there d see it. I went over and look'd at it, and asked the price, his wife said 2 s. per yard was the lowest price her husband's master would take. said I thought 22 d. was a good price. She said if you'll be so kind as to go to his master's house may be we might agree.

Q. What time did you see the prisoner?

Mary Curtain . I saw him about 10 o'Clock on the Monday morning.

Q. to prosecutor. Did you ever give the prisoner authority to take goods out to sell?

Prosecutor. I have given him goods out to sell; but I never gave him authority to take them out without my knowledge.

Q. Did you give him this piece out to sell?

Prosecutor. No: I did not. To be sure I confidence in him: I looked upon him to be an honest man.

Q. Would you have been angry at him, had he taken it out and sold it?

Prosecutor. I should not have liked it; I should have thought he was taking too much freedom.

[Text unreadable in original.]0 l. and 5 l. 5 s.? out to receive one for acceptance, but d this piece. It was n these bills I missed it, carried for acceptance, he to find the person when it was was the occasion I did not take him after he had been and received that, was on the Wednesday after I missed the piece.

Q. How many days did it lie concealed?

Prosecutor. To the best of my knowledge it was 5 or, that is, it was not in it's usual place.

Q. Could this removal happen by accident?

Prosecutor. No: it could not, it was designed.

Mrs Richardson. The prisoner served me 11 years as my fore-man, when I carried on the trade as the prosecutor does: I have trusted him to carry out bills: he has received a hundred, or a hundred and 50 l. a month for me. I always found him a faithful servant: I very frequently trusted him to carry out goods to customers: I totally confided in him.

Mr Smart. I have known him about 7 years.

Q. What is his general character?

Mr. Smart. That of a very honest man, he has come with goods and settled accounts with me many a time. I always found him honest.

Mr Fleming. I have known him about 4 years, he always behav'd well as far as ever I know or heard.

Mr Urwin. I have known the prisoner between 4 and 5 years.

Q. What is his general character?

Mr Urwin. A very honest faithful man.

Mr Bailey. I have known him about 7 years.

Q. What is his general character?

Mr Bailey. He is a very honest hard working man, I never heard to the contrary in my life. I would have trusted him with a 100 l. at any time.

Acquitted .

2. (L.) Samuel Steadman was indicted for stealing 15 pounds weight of sugar, value 5 s. the property of Richard Oliver . Oct. 30 . ++ Edward Kider. [Text unreadable in original.] I by the water side. to me at the bottom of and said there was a p went and saw a man in it was the prisoner.

Mr. Page. On the [Text unreadable in original.]30th prisoner come down out of the a coat cross his arm. I thought he have something about him that he should I went towards him, he turned up the again.

Q. What stairs were these?

Page. They belong to Summer's key buildings. I followed and laid hold on him. he had a pair of dirty trousers on, I asked him what he had got there. He said a little bit of sugar. There were sugars above. I found in his coat a red cap with sugar in it. As we were carrying him to the Counter, we had the sugar weighed at a butcher's shop, it weighed 15 pounds and a half cap and all.

Q. What is the owner of the sugar above.

Page. Mr. Richard Oliver a merchant.

Q. Had the prisoner us'd to do business in those buildings?

Page. He us'd to work as a labourer on the key. We took him from the Poultrey-Counter before an Alderman, there the prisoner said he found it by the sides of the hogsheads.

Q. Is it usual to lie loose about in such quanties?

Page. No: it is not.

Prisoner's defence. I was imploy'd as a labourer in the ware-houses , I went early in the morning to go to work, and pull'd off my cloaths as usual, one of my partners said to me what's in that cap, he took it up and said it was a cap full of sugar, he said take it down. I was first down stairs, when I came to the bottom of the stairs Mr Page asked me what I had got there. I said it was a cap full of sugar, and I came down to know whose it was, it was not my cap, I wear my own hair.

Q. to Page. Do you know whose cap it was?

Page. No: I do not.

Q. Did you ever see the prisoner wear such a cap?

Page. No: not to my knowledge.

open in his it was concealed in his coat.

Guilty .

[Transportation. See summary.]

[Text unreadable in original.] 3. Lucy Richards was indicted for stealing mug value 38 s. the property of John Fleet the 30 . ++

Q. By

J. Fleet He I live upon it.

Q. What time did

J. Fleet. Last Wednesday afternoon,

Q. Where do you live ?

J. Fleet. At the three Bee-Hives in Honey Lane-Market .

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

J. Fleet. She and a man dined at together, I never saw her before to knowledge.

Q. Had she beer in this mug?

J. Fleet. She had beer in such one, if not the same.

William Baercliffe . I am a goldsmith; the prisoner brought this mug to me sell, between 3 and 4 o'clock last Wednesday. I asked her how she came by it; she said he had kept that house, the 3 Bee-Hives, about four years ago, and she had kept it since for her own use. I seeing engrav'd on it, John Fleet , at the three Bee-Hives and Pig, Honey-Lane-Market, I stopt it, and sent for him; he had not missed it 'till I sent for him.

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

4. (M.) Matth.ew Flannigan was indicted for stealing 15 pounds weight of tobacco, value 5 s. the property of persons unknown, Nov. 22 . *

Francis Walnight. I was master of the ship where this tobacco was taken from.

Q. What is her name?

F. Walnight. The Tayloe . This man at the bar not quantity of tobacco, I desired the officers to search the men after they left work: the other witnesses will give a farther account.

George Cable . The prisoner was a Lumper , that is, a man hired to unload the ship; I was call'd to search him, I did, and found about 15 pounds weight of tobacco upon him; he desired me not to say any thing of it.

John Luke . I was an officer on board; I was standing on the quarter-deck and saw the prisoner come out of the hold and jump down into a lighter. I call'd to him to come up, but he was very loth; we searched him, and found 15 pounds weight of tobacco upon him; he had a belt about his body on purpose, and his cloaths were stuffed with tobacco, and his breeches were full.

Eliot Fletcher. I saw the prisoner searched, and the tobacco mentioned taken from about his body under his cloaths.

Prisoner's Defence. That is not fair, for them to prove against me all that they say. They did not accuse me nor any man with me at that time, and the next day they would not let us go to work; I went and got a pint of purl, and then came on board and went into the hold, and they tumbled me about, and said it was too late to come to work: they gave me a fist on the head and knock'd me down, and dragg'd me about by the legs. There were some halfpence in my pocket which were lost. When they were going to lick me the second time, I desired they would let me get my cloaths and my money, they carried me on the deck again, and for this quarrel they sent me here; it was not at all on the account of tobacco.

Guilty .

[Transportation. See summary.]

5. (M.) James Fish was indicted for stealing one pair of leather-breeches, value 8 s. and one pair of worsted-stockings, value 1 s. the property of William Russel , Nov. 4 . *

William Russel. I lost the things mentioned in the indictment, at a lodging-house in the Cole-Yard High-Holborn ; the prisoner was taken up on suspicion of stealing them about a fortnight after, I charged him with taking them; and he confessed he did, and had pawn'd the stockings, and the pawnbroker brought the the breeches for eight shillings; we went to the man, whom he sold them to, who told us he had bought such a pair of him, but had sold them again; so I never saw them more.

John Theodore . The prisoner came with a poir of leather-breeches under his arm, and I unluckily bought them for eight shillings; he said they were his own, and seemed to be of his size; I have sent them down to Halifax in Yorkshire, and told the Justice the same then.

Prisoner's defence. They persuaded me to tell, and said I should come easily off if I would; I was drove to poverty, and took the things, to be sure. Guilty .

[Transportation. See summary.]

6, 7. (M.) Rebecca Lee and Mary McCay , otherwise Selby , spinsters , were indicted for stealing ten 36 s. pieces, 19 guineas, and four half guineas, the money of John Wimble , privately from his person , Nov. 9 . *

John Wimble. The two prisoners came into the house where I was drinking.

Q. Where.

J. Wimble. It was at the Chequers in the Ambury.

Q. When?

J. Wimble. This was on the last Lord-Mayor's day at night; I went with them from the Chequers to a room belonging to one of them about 11 at night.

Q. What time did you go to the Chequers ?

J. Wimble. I believe I went in there between 7 and 8.

Q. What time did the prisoners come into your company?

J. Wimble. I believe that was hard upon ten.

Q. What did you lose?

J. Wimble. I lost ten 36 s. pieces, 19 guineas, and 4 half guineas; it was wrapt up in a rag, one piece over another, and put into an old silk handkerchief, and put into my fobb-pocket.

Q. Can you say you had this money in your pocket when you went into the Chequers ?

J. Wimble. Yes.

Q. Can you say you had it when the prisoners came into your company?

J. Wimble. Yes.

Q. You say you went with them to a room, were room ?

J. Wimble. No, there were none but they and I.

Q. Are you sure you had it in your pocket when you was in that room?

J. Wimble. I am sure I had.

Q. How long did you stay together.

J. Wimble. ' Till I fell asleep, and I awak'd between 4 and 5 the next morning, then my money was gone.

Q. Where were the prisoners when you awaked ?

J. Wimble. McCay was in the room with me, but the other was gone.

Q. Have you ever found any of your money since ?

J. Wimble. No, not one shilling of it.

Q. What did McCay say for herself when you said your money was gone?

J. Wimble. She said Hush; and immediately fled out of the room, and was taken at the Coach and Horses in King's-Street; we took her before Justice Wright.

Q. What did she say there?

J. Wimble. She said, Becky Lee had robb'd me and was gone off with the money; after that Lee was taken up by Tower-hill, but I was not by when she was examined; I went to her in New-prison, but she would not confess.

Q. Did you go to bed in that room?

J. Wimble. No, I slept on the bed in my cloaths.

Elizabeth Grateman . Rebecca Lee came between 12 and 1 in the morning, the day after Lord-Mayor's day; she had a little bit of candle in her hand, she pull'd out of her bosom two guineas and four or five shillings in silver, and said she had made a little sort of a move.

Q. What did you understand by that expression ?

E. Grateman. By her showing me the money, I supposed she had robb'd some man of it.

Q. Did she mention where she got it?

E. Grateman. No, not till I was taken in trouble with her, at the Tower; and when we were in confinement, she told me it was done in the new way in the Ambury; and she said Mary McCay was along with her, it being done in her room.

you a day at night I broke a little loose seeing the show; I happened to come into the Chequer ale-house in the Ambury, where this man was sitting by the fire-side; I call'd for half a quartern of gin between Lee and me; he got up and ask'd her to drink, she drank to me, he call'd for another pint of beer, and ask'd her several questions, then we sat down in company, he ask'd her to go home: No, said she, I don't want any company at all; I took my candle and went home, and he follow'd us to the door; then he came in and flung six-pence down on the table, and said he had no more money in the world; but he would give us that to have to say to us both. Then he sent out Lee for a pot of beer and a halfpenny candle, she came and returned the two-pence-halfpenny to him.

Lee's defence. We had some gin together, after that he gave us a pint of beer, then he follow'd us home, and toss'd down a six-pence, and sent for a pot of beer and a halfpenny candle. I fetch'd it, and gave him the two-pence-halfpenny out of it, he wanted to have to do with us both.

For McCay,

Sarah Thompson . I have known McCay from a baby, she is a very honest woman as ever I knew in my life.

Robert Lewis . I have known Mary McCay about three years, she us'd to wash for me; I never knew any thing of her but what was very honest, that is, as to our dealings betwixt she and I.

Lee guilty of felony only .

McCay acquitted .

[Transportation. See summary.]

8. Charles Farrer was indicted for stealing two quartern loaves, and six two-penny loaves of bread , the property of John Clark , Nov. 2 .

John Clark was call'd but did not appear. Acquitted .

9. Elizabeth Jones , single woman , was indicted for uttering a counterfeit guinea to Anne Bidle , and having another piece of the like money in her custody, well knowing the same to be false and counterfeit, against the peace of our sovereign Lord the King, &c . Oct. 3 . There was another against her for a crime nature on the 15 of Sept . and another on the 29th of Sept . to all which she pleaded guilty .

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

10. (M.) Elizabeth Robinson , spinster , was indicted for stealing one half guinea , the money of Elizabeth Stephens , spinster , Nov. 30 . *

Elizabeth Stephens. I lost half a guinea last Thursday night, at St Giles's, out of my pocket, as I was lying in bed; the prisoner was in bed with me, I found her at my pocket.

Q. Where did you put your pocket at going to bed?

Eliz. Stephens. I put it below my head; my money was in a box in my pocket; I found my box taken out, a little below her head. I ask'd her for my money; she bid me to hold my tongue and not expose her 'till morning, and she would give it me or satisfaction for it; in the morning she went and changed half a guinea; I asked her for it, she scolded me, and said she would give me no money.

Q. Did you take her before a Justice of the peace?

Eliz. Stephens. I did, there she said she had that half guinea of her friends.

Prisoner's defence. My prosecutrix is a vile woman, I know nothing of what she has been saying, it is all false.

For the Prisoner.

William Marsdon . I was here on another occasion, and I never saw the prisoner in my life before, but having some knowledge of the prosecutrix, thought it necessary to speak what I know.

Q. How long have you known the prosecutrix?

W. Marsden. About two months; she has come to Justice Fielding a great many times, and charg'd people, some with felony, and has perjur'd herself.

Q. In general, what is her character?

W. Marsden. I believe a very bad one; her behaviour has been infamous.

Mr. White . I am one of my Lord Mayor's marshal's men, I have heard the prosecutrix examin'd upon oath, and she has gain'd no credit; as to the prisoner, I never saw her before.

Acquitted .

11. (M) Daniel Miller was indicted for stealing one ewe sheep, value 10 s. 6 d. one lamb value 10 s. 6 d. and one weather sheep value 10 s. 6 d. the property of Catherine Talbot , widow ; Nov. 1. *

William Blincow. I have looked after Mrs Catherine Talbot's sheep a good many years. There were some lost about the beginning of last Sept. they were found in another man's field; it is impossible to say the exact time they were lost, for they lie upon Uxbridge common , and sometimes I did not see them for a fortnight or 3 weeks together. I was sent for to see them in this field; there were 5 but 2 of them, I had mark'd my self, I swear but to them, they are both ewes, one a large ewe lamb of the last year.

Q. How were they mark'd?

Blincow. The ewes were mark'd on their heads with ruddle, the lamb was not; I had crop'd that's ear, and the ewe also; that is I flit the near ear of each, the lamb was almost flit down. I found them branded with a pitch mark on the near side: I know nothing against the prisoner: how Thomas Kitchen came by them I know not.

William Winsbell . I found this sheep and lamb upon Thomas Kitchen , and he said he bought them of Miller, the prisoner.

Thomas Kitchen . I bought these sheep the witnesses speak of, of the prisoner at the bar.

Q. When?

Kitchen. About 4 or 5 months ago.

Q. to Blincow. Recollect as near as you can when you miss'd this sheep and lamb ?

Blincow. Another man's sheep that were sold with ours, were missing on the 4th of Sept.

Q. to Kitchen. How did the prisoner say he came by them?

Kitchen. He said he bought them of drover.

Prisoner's defence. I found them straying on the common with no mark at all upon them, and I brought them and sold them to that man.

Guilty . Death .

12. (M.) William Sacker was indicted for stealing one iron lock, value 12 s. 6 d. the property of Charles Doxey , Nov. 19 . *

Charles Doxey. The prisoner is my apprentice ; now I make iron chests , to which the lock mentioned in the indictment belongs. I lost one but can't say the time when. I do not make the locks, but have a man in my house who makes them. The prisoner was a very disorderly apprentice, I could not keep him in my house: he'd sometimes come home late at nights and break my windows; I was so tired of him, that I gave him liberty to work with whom he pleas'd, exceping one man.

Q. How old is he?

Charles Doxey . He is 24 years of age the 17th of May next, he was bound out by the parish, and I am the third master he has been turn'd over too.

Q. How long has he been with you?

C. Doxey. He has been with me about 9 years.

Q. What was he for a workman?

C. Doxey. He would work well enough when he pleas'd.

Q. Then what was the reason you parted with him?

C. Doxey. If he did me a good day's work, he'd give me three day's trouble for it.

John Clark . The prisoner work'd for me; he told me a person, whom he know'd had a lock of such a size to sell. I said let me see it, he brought it to me to sell.

Q. What is your business ?

J. Clark. The same as the prosecutor is of. I look'd at it, and saw by the key whose make it was, and said Harry Phillips made it. I would have no concern with it. The lock produced in court. I think this is the lock, but I will not be certain, it was such a one. I measured it, and this answers to the breadth, but the length I can't tell now.

Q. How long did he work with you?

J. Clark. He work'd with me about three weeks.

Q. How did he behave?

J. Clark. He behave well enough with me.

Q. How for a workman?

J. Clark. He work'd pretty well.

Cross examination.

Q. Was not there an action brought against you for imploying him?

J. Clark. Yes.

Q. By whom?

J. Clark. By his master the prosecutor.

Henry Phillips . I work for Mr. Doxey in making of locks. He looks at the lock. This I made.

Q. For who?

H. Phillips. For Mr. Doxey. We took the prisoner up, and when Mr. Doxey charg'd him with taking it, he said in the constable's and our hearing, I can go and fetch the lock. We all set out with him: he went to his sister's room, and pull'd it out of a drawer and deliver'd it to Mr Thomas the constable.

Robert Thomas . I am constable: I took up the prisoner with a warrant, and carried him to my house; there he said, if we would come along with him he would show us where the lock was. We went with him to his sister's room in Drury-Lane, there he took out the lock from a drawer and gave it to me, and it has been in my possession ever since.

Prisoner's defence. I served that master ten years and three months, and I took this lock on purpose to learn my business.

Q. to Prosecutor. Did you engage to teach him to make locks?

Prosecutor. No: I did not, I make iron chests: locks is another branch: I do not make locks.

Q. from prisoner. Did not you say you would forgive me, if I would tell you where the lock was?

Prosecutor. Upon my oath I never told him any such thing. I said, I am sorry I am oblig'd to come after you in this manner: the less trouble you give me, the better it will be for you. He began to be in a passion, and gave me bad language, and said there where more locks in England than mine. At last, he told me he had taken it, and it was at his sister's room.

For the prisoner.

Paul Taylor . I believe I have known the prisoner about ten years, ever since his coming to this master.

Q. How did he behave?

P. Taylor. He has been a very good apprentice for seven years of that time, and I can't say I know any thing of him amiss.

Q. Are you concern'd in that business?

P. Taylor. I us'd to make such locks as these for his master: and I live in Kentish Town, so does the prosecutor. I know the prisoner was a very hard working lad, and his master has lick'd him very hard several times: I have heard his master say he was a very good harding working boy.

Richard Jennings . I live near the prosecutor in Fisher's-street.

Q. What is the prisoner's general character?

R. Jennings. I never heard any thing bad of him in my life; I have seen him very hard at work as I pass'd to and fro, 'till this time.

Richard Ashton . I have known the prisoner seven or eight years. I live in King's-Gate-street, Kentish-Town.

Q. What is his general character?

R. Ashton. He is a very hard working lad; I have seen him early and late at work; and I never heard, but that he bore an honest character.

John Bishop . I have known the prisoner eleven years.

Q. How has been his behaviour?

J. Bishop. Very well: a hard working lad to my knowledge: I never heard any thing of dishonesty by him.

John Robertson . I have known him eight years.

Q. What is his general character?

J. Robertson. A very hard working lad. I have heard his master Doxey's brother say he has earn'd his brother some hundreds of pounds.

Henry Price . I have known the prisoner eight or nine years; I liv'd within two doors of his master: the prisoner is a very honest hard working lad.

Andrew Franklin . I have known the prisoner about eleven or twelve years. I have heard his master say several times, he was the best and hard working'st apprentice he ever had; I have been by the shop many a time a day, and have seen him hard at work.

George Shaw . I have known the prisoner upwards of ten years: he was always a very industrious hard working boy to my knowledge; I liv'd in the neighbourhood; I never heard any thing as to his dishonesty before this. Acquitted .

13. (M.) Solomon Peters was indicted for stealing 4 silver table spoons, value 30 s. 4 silver tea spoons, value 4 s. one pair of silver tea tongs, value 2 s. and one silver strainer, value 2 s. the goods of John Wood , Oct. 28 . ++

John Wood . I live at the two Blue Posts in Bunhill-Row , on the 28th of October I lost 4 silver table spoons.

Q. What were they worth?

Wood. They were worth 30 s. I lost also 4 tea spoons, a pair of tea tongs and strainer, all silver.

Q. What were they worth?

Wood. They were worth 8 s.

Q. Where were they taken from?

Wood. From out of a beaufet in the club-room, up one pair of stairs; I know they were lock'd up there some time before, but I had not seen them for a week before; I was not at home at the time they were taken, I soon came home and was told of it, I went up, and found the lock was forced open.

Q. How came you to suspect the prisoner at the bar?

Wood. Because I was told that he had been up in that room.

Q. Did you ever find this plate afterwards?

Wood. No, never, he was carried before a magistrate, there he denied it, the Justice committed him to the Gatehouse.

Mary Humphreys . My mother keeps the two Blue Posts, the prisoner came into our house with John Madison about three in the afternoon on the 28th of October, they went into the club-room.

Q. Was any body else in the club-room when they were there?

M. Humph. No, there were not, there had been no body drinking in it that day, there had been a plaisterer at work in it, who had done his work in it by 11 o'clock; the prisoner and his friend had a tankerd of beer, and wanted something to eat, we told them we had a bit of cold mutton in the house, they desired some of that, I carried it, I open'd the beaufet, and took out a couple of earthen plates.

Q. Was the beaufet locked then.

M. Humph. It was, then the plate were all there, there were six silver table spoons in all, and five tea spoons.

Q. Did you observe them all to be there?

M. Humph. I then saw them lying but did not tell them, but I had observed them all after eleven in the morning, when the Plaisterer had done.

Q. Did you lock the door again, after you took out the plates ?

M. Humph. I did, and went down stairs; John Madison did stay but a little time in the room, he came down and left the prisoner there.

Q. How long might Madison stay in that room?

M. Humph. About a quarter of an hour, he came down and staid by the fire below stairs; then he went up again, and they soon came down and went away together.

Q. How long was Madison by your fire below?

M. Humph. About ten minutes.

Q. What time of the day was it that they went away?

M. Humph. The went away about 4 o'clock, then the prisoner came back again by himself, and call'd for a pint of beer, and went up into that room by himself.

Q. How soon was this after they had went away ?

M. Humph. This was about ten minutes after.

Q. How long was the prisoner there alone, then ?

M. Humph. Almost a quarter of an hour; then Mr Daniel Blackwell came and ask'd if there were not two gentlemen there, we said one was gone, and the other was up stairs; he went up to him, and staid about 4 to 5 minutes, 6 was the out-side, and they both went away together.

Q. How soon were the silver spoons and things missing after this?

M. Humph. In about ten minutes time I had occasion to go up to the beaufet for a little allspice, and miss'd them directly.

Q. Had any body been in that room but these three persons you mention ?

M. Humph. No, none.

Q. How did you find the beaufet door?

M. Humph. I found it unlock'd; the lock was shot back, the edge of the wood was cut so as to put in a knife to shove back the bolt; then I miss'd 4 table spoons, 4 tea spoons, a pair of tea tongs, and a strainer.

Q. Was you before the Justice with the prisoner?

M. Humph. I was, there he denied it.

Q. What does he do for his livelihood?

M. Humph. I do not know.

Q. From the prisoner. Whether I was not down and left Madison alone in the room?

M. Humph. Yes, you came down and went into the yard.

Q. How long did he stay in the yard?

M. Humph. About 3 or 4 minutes.

Q. Had there been any body in that room while the prisoner was in the house, except Madison and Blackwell?

M. Humph. No.

John Madison . The prisoner and I were at Guildhall together.

Q. What is the prisoner?

J. Madison. He is a gentleman's servant out of place. Then the prisoner and I went to drink together, we went to the two Blue Posts in Bunhill-Row, into a one pair of stairs room; we had a tankard of beer, I was there about a quarter of an hour; I remember the maid opening the beaufet, and gave us out two plates, we had some meat.

Q. Did you observe what was in the beaufet?

J. Madison, No, I did not.

Q. to Humphreys. When the beaufet was opened, could they as they sat observe the plate in it?

Humphreys. They were in sight of all the plate.

Q. to Madison. Did you observe that the door was lock'd?

J. Madison. I know she open'd it with a key.

Q. Do you know that she turn'd the key afterwards ?

J. Madison. I did not observe that: as soon as as I had dined, I went down stairs, and went to the fire, it was very cold; I staid by the fire about a quarter of an hour.

Q. Was there no fire in the club-room?

J. Madison. No: after I went up the prisoner went down, then I call'd the people up to pay.

Q. How long did you stay after you went up stairs again?

J. Madison. We did not stay above five minutes after that, we both went away together.

Q. What part of the time was it that he went down and left you in the room?

J. Madison. He went down to go into the yard after I went up; I had ordered Mr Wood's nephew to bid my countryman meet me at such a place in the Strand, by that means they found me; we had a search warrant and searched the prisoner's lodgings, but nothing was found; and Dr Blackwell and I were discharged.

Q. Why do you call him doctor?

J. Madison. He is a Surgeon.

Q. from prisoner. Was not there another person in the room besides us three?

J. Madison. Yes: there was an acquaintance of Mr Wood's that lodges in his house.

Q. How long did he stay in the room?

J. Madison. He just came in, but did not stay a moment.

David Blackwell . On the 28th of October, Mr Peters call'd upon me, to desire I would go with him to Guildhall, he had summoned a person there; when I came into the court, Mr Madison was there; after the trial was over, we came back again; Madison ask'd me to go and see an acquaintance of his at Mr Wood's. I told him I could not possibly go with him there, having business that would take me up above an hour. I told him I would come in about an hour's time. When I found they did not call upon me, I went to the house; when I came there, I ask'd Mr Wood's daughter-in-law, whether there were two gentlemen in the house? she told me there were not two, one was gone, the other was above stairs; I went up, there was the prisoner with a pint of beer before him. I ask'd him how he came to stay? he said, he came back on purpose to wait for me, as I had promised him to come. I told him, I could not stay in the room upon any account, the room being white washing; he went down stairs and paid for his pint of beer, and came up again; I said I would not stay, when I came to the bottom of the stairs, I saw a silver tankard on the table, I spoke four or five times, at last Mrs Wood's daughter spoke; I said, you have workmen about, and there stands a silver tankard. She said we looked like gentlemen, we do not mistrust you.

Prisoner's defence. I know nothing of the matter at all; I was in the room with these people, Mr Blackwell has known me a great while. Acquitted .

~ See him tried before for a forgery, No. 6. in the Mayoralty of Sir Charles Asgill , Knt.

15. (L.) Zechariah Holford , otherwise Alford , was indicted for stealing 60 yards of silk ribbon, value 4 s. the property of James Bennett , Nov. 3 . ++

James Bennett . I keep a haberdasher's shop at the corner of Tooley-street, London-bridge , on the 3d of November the prisoner came into my shop, about 10 or 11 in the forenoon.

Q. Had you known him before?

J. Bennett. Yes, I had; he had dwelt with me before, my young man served, I was in the back shop.

Q. Did you see him come in?

J. Bennett. No, but I observed him when he was in; I perceived a little sort of a catch he made use of with his hand, as he was dealing with my young man.

Q. Were there any other customers there at the time.

J. Bennett. No, there were not. My young man served him with two or three sorts of ribbons.

Q. What do you mean by this twitch with his hand?

J. Bennett. It was a little sudden move of his hand, which gave me to conjecture he had a design to take something, that occasioned me to go into the shop; then came in other customers, but still I watched him. As I served them, I observed my young man had two drawers out, one near the prisoner, and the other near my young man, on the counter; I saw the prisoner had two or three pieces in his hands, done up in rolls as they usually are; one of which he dropt short of the drawer which was near him, the other he put into the farther drawer; my young man and he were opposite each other with the counter between. This I saw was done quick, by that dropping into the wrong drawer, gave me a suspicion that he had a design for that piece (it was pink coloured). I went then upon the stairs, as if going up stairs, and looked through the bannisters on the top of the stairs: the bannister twists round and comes part over the shop, so that I had a good view of him and the drawer; I saw the piece of pink colour'd ribbon lying on the top of the others; I saw the prisoner look round him, and make another twitch, and instantly the pink ribbon was gone.

Q. Did you see his hand in the drawer ?

J. Bennett. I did, but it was done so instantaneously, that I cannot say how.

Q. How much was there of it?

J. Bennett. I believe there were about 18 yards of it; I then went up stairs.

Q. How came you to go up when you saw it gone?

J. Bennett. I was in some little manner of fright, and there I consulted another of my servants about what was best to be done. We concluded it proper to send for a constable, I sent for one, when I came down again, the prisoner was buying in the shop.

Q. Did the prisoner buy any?

J. Bennett. Yes, he bought some sattin ones. Presently came in the Constable, Mr Adamson whom I sent for him, my father, and a neighbour. My father laid hold on one of the prisoner's arms, and I the other, and we took him into the back shop; there the prisoner shuffled with the arm that my father had hold on, and had got 4 pieces from his cloaths somewhere, into his hand.

J. Bennett. Was the piece of pink any one of them?

J. Bennett. No.

Q. Had he bought any of them?

J. Bennett. No, he had not. The 4 pieces produced. Then I desired he might be searched, and I walked away at the time; I having to my servant mentioned the piece of pink coloured.

Q. What did he say about the four pieces?

J. Bennett. He said these I'll pay for, in broken English, or was going to pay. The pink piece produced. This the constable took out of his pocket, but he is gone into the country. Here are the other witness that saw him take it out; it contains 18 yards, I have great reason to think this is the same piece that I saw thro' the bannister. There was but this one of this quantity.

Q. How much do all these pieces contain?

J. Bennett. About 60 yards; they are all my property.

Q. What is your young man's name that was serving him?

J. Bennett. His name is Charles Cook .

Q. What did he say for himself before the Magistrate?

J. Bennett. He said he had paid for some, and was going to pay for the rest.

Cross Examination.

Q. Has the prisoner dealt with you some time before?

J. Bennett. He has.

Q. Do you know the quantity of money he paid you this time?

Bennett. No.

Q. You mentioned four pieces in his hand: were they concealed?

Bennett. He had nothing in his hands, when we laid hold of him.

Q. How could he have secreted those pieces without your seeing him?

Bennett. I was not observing him all the time.

Q. Did you never hear of 1 l. II s. being paid for those ribbons?

Bennett. I think he laid out about 26 s. at that time.

Q. Do you know what quantity of ribbons were sold him?

Bennett. No: I do not.

Q. Do you know Mr Samuel Bevar ?

Bennett. Not by name I do not.

Q. Did you declare to any body, you believed the prisoner had paid for the pink ribbon.

Bennett. No: never.

Q. What was the charge you made against the prisoner, when you carried him before my Lord-Mayor?

Bennett. I laid the case open to my Lord the same as I have here.

Charles Cook . I am an apprentice to Mr Bennett: the prisoner at the bar came into the shop, I think on the 3d of November, and ask'd to see some ribbons; he usually came once or twice a week; I show'd him some: I open'd two or three drawers, and cut him several six yards, in a quantity to the amount in the whole of 1 l. 11 s. and three half-pence. There were none larger than six yards; I remember there was one of two yards and a half, being a remnant; he paid me the money, and the three half-pence I bated; after that, he desired to see some black ribbon.

Q. Was there any pink among the quantity you sold him?

Cook. No: there was not.

Q. Did you observe the prisoner take any?

Cook. No: I did not. I observ'd my master go up stairs and come down again, and Mr Adamson went out. I was still showing him the black ribbon; presently came in my master's father, the constable, and a neighbour. My master laid hold on one of the prisoner's hands, and his father the other, and carried him backwards; but by the time they got him into the back shop, he had struggled, and got one had loose, there I saw four pieces in it: the same that my master produc'd here. My master desired he might be search'd, and went out: then the constable pull'd out a piece of pink ribbon from out of one of the prisoner's pockets. It was a great pocket, which he had by the side of a horseman's coat. He looks at it. This is it. It is my master's property.

Q. Had you not sold him that ribbon?

Cook. No: I had not.

Q. What did the prisoner say about the four pieces in his hand?

Cook. He said, I'll pay for them; but this piece of pink he said he had paid for it.

Q. Had he paid you for any of those goods here produced?

Cook. No: he had not.

Q. How much of it is there?

Cook. Here is near sixty yards.

Q. What is it worth?

Cook. We cut them all at 6 d. per yard.

Q. Was you before my Lord-Mayor?

Cook. I was: the prisoner said the same there, as at our shop; that he had paid for the piece of pink, and intended to pay for the four other pieces. After we had sent for a coach to go before my Lord-Mayor, he begg'd he might not be prosecute, and that he would pay him for all this ribbon what my master desired; he said he had a wife and some small children, and hoped on their account he would not prosecute him.

Cross examination.

Q. Do not you conclude, that when a person is charged with an offence of this sort, he would much rather pay for these pieces of ribbons than be prosecuted?

Cook. Yes.

Q. How do you make up the several items ?

Cook. He bought some at 5 s. and 9 d. and some at 5 s. and 6 d.

Q. How do you make up the sum of 1 l. II s. and three half-pence, without this piece of pink?

Cook. If I was to put that to it, it would make much more: I can't recollect all the several pieces that he bought.

Q. Did you cut him two yards, and four yards, at 5 s. and 6 d. per dozen?

Cook. I did.

Q. Did you cut him four pieces at 5 s. and 9 d. a dozen?

Cook. I did.

Q. Did you cut him three pieces at 5 s. and 9 d. a dozen? Cook. I did.

Q. Then that sum total amounts to 1 l. 2 s. 6 d.

Q. Can you recollect any more you cut him?

Cook. I cannot: neither should I those, had they not been mentioned.

Q. Then this piece of pink, if it came to 8 s. 7 d. 1/2 would make it amount to I l. II s. I d. 1/2.

Cook. He neither bought nor paid for that piece of pink. I cannot recollect the things he did buy: he and I cast them up and he paid me.

Q. Did you put it in writing?

Cook. I did it with a pencil on a piece of waste paper.

Q. Where is that paper? that would have been material.

Cook. I did not preserve it. I can speak as certain as to the pink, as if I had preserv'd it.

Q. Can you name any piece of ribbon he bought of you, that makes up the money 1 l. II s. and three half-pence, without including that pink?

Cook. I cannot. I can be so exact as to say he never did buy above six yard in one piece of me.

Q. What sort of a coat had he on?

Cook. He had a great coat hung loose on his shoulders, with his arms not in his sleeves.

Q. Did he put the parcels in that coat pocket that he paid for?

Cook. No: they were all lying on the counter at the time they took him from that counter.

Q. Can you take upon you to say the goods he bought came to I l. II s. and three halfpence?

Cook. I can.

Thomas Adamson . I was in the back shop with Mr Bennett when the prisoner came in.

Q. What are you?

Adamson. I am journeyman to Mr Bennett. We had often suspected the prisoner before; and Mr Bennett said he seem'd to shuffle about as if he had a mind to take something. Some time after Mr Bennett call'd me up stairs, and told me he saw the prisoner convey a piece of pink ribbon some where, but could not tell where. I told him he had bet ter send for a constable, so I went for one of the Bridge constables. My master and his father took the prisoner by each arm, and took him into the back shop; there I saw four pieces of ribbon in his hand, and another piece of pink colour taken from out of the prisoner's pocket; he had nothing in his hand when they first laid hold of him, and when he had wrench'd one hand from them, then I saw the four pieces in it; the prisoner said he had paid for the pink, and the others he would pay for. I know he never us'd to buy any more that 6 yards in one piece, and there were eighteen in that pink piece.

Q. Can he speak English so as to be well understood?

Adamson. He has been in England many years, and can speak well enough to be understood; I have known him some time.

Edward Bennett . My son the prosecutor let me know, that the prisoner at the bar had taken a piece of ribbon. I went out of my shop into his; there I took hold of the prisoner's right hand, and my son took him by the left; he ask'd me what I did that for; I told him he had got some of my son's property about him. We led him into the back shop; he had then nothing in either hand; he prayed for his hand at liberty; I had had him by it I believe for the space of a minute. I thought I might let it go, as there were a number of us; this was after we got him into the back shop; the moment I got it at liberty, he throw'd it like under his great coat, and brought out four pieces of ribbon, and laid them on the counter.

Q. Did you see him put his hand under his great coat?

E. Bennett. I plainly did: he said he would pay for them; he would give 3 l. 12 s. for them; I desired the constable to search him; he put his hand into the prisoner's pocket, and pull'd out this pink piece of ribbon, and my son had before told me, he saw him take a piece of pink ribbon.

Q. Which pocket was it taken from?

E. Bennett. I cannot say that: I have had it in my custody ever since.

Q. What did the prisoner say for himself?

E. Bennett. He said he did not intend to steal them.

Q. What did he say about the piece of pink?

E. Bennett. He said he had bought that.

Cross examination.

Q. Was you with him before my Lord-Mayor? E. Bennett. I was.

Q. What was the accusation against him?

E. Bennett. It was for all the pieces.

Q. Whether any man in the world would not rather pay 3 l. 12 s. than be prosecuted, if they were not worth but 30 s.

E. Bennett. This was not accidental; he had them secreted.

Prisoner's defence. I have dealt with the prosecutor two years, I pay him ready money, and sometimes he gives me credit 'till I come back again, then I pay him; I had those four pieces in my hand, the piece of pink I paid for, so put that in my pocket. I had my coat hanging loose on my shoulders, as the young man had brought me a glass of brandy, I saw them come behind me, and they took me backwards, and then before my Lord Mayor.

For the Prisoner.

Samuel Beaver . I am deputy corn-meter for the city. I remember Mr Bennett the prosecutor and I had some discourse together about these pieces of ribbon.

Q. Did he ever give you any account about this piece of pink ribbon?

Beaver. The prisoner sent to my house to desire me to go to Mr Bennett to mitigate the matter, and to take a friend or two along with me. I went with another or two, and sent for Mr Bennett, who came over to the Brown Bear to us; I was desirous to know how it happened; Mr Bennet said he had dealt with the prisoner two years, and he believed he had taken about an hundred a year of him, and never scrupled him, 'till within these three quarters, of a year, but could not observe any thing that he took 'till this time, that he secreted himself upon all-fours on the stairs, and then saw him take this piece of pink, and that he did not miss any more; that he went down and got an officer and assistance, and apprehended him, and shov'd him into a little room; that the prisoner had some pieces in his hand, which he did not see in his hand when apprehended.

Q. Did Mr Bennett say to you the piece of pink was paid for?

Beaver. That was paid for.

Q. Who told you that?

Beaver. Mr Bennett - I think.

C. Speak the truth.

Beaver. Upon my word I can't be positive of that.

The prisoner then called Joseph Stains , a hatter and hosier at Aldgate, who had known him 10 years. John Callahan , a publican, who had known him between 2 or 3 years. John Cole of Whitechapel, who had known him 3 or 4 years. Walter Murphey of ditto, who had known him between 3 and 4 years. Mr Keiting of ditto, who had known him between 2 and 3 years. Roger Macmahone , who had known him between 4 and 5 years. William Fillingham , who keeps the George Inn in Whitechapel, who had known him about 8 months. Nathanael Kelley, who had known him 7 or 8 years. Henry Fry , who had known him between 5 and 6 years. And Henry Chambers of Fenchurch-street, who had known him upwards of 2 years. Who all spoke well of his character.

Guilty .

[Branding. See summary.]

16. (L.) John Swinton was indicted for stealing 30 pounds weight of copper, value 10 s. and one copper sauce-pan and cover, value 2 s. the property of Charles Applebee , privately, in the shop of the said Charles , Oct. 20 . ++

Charles Applebee . On the 20th of October last, Mr Gyles a Founder came to my house at Ludgate-hill , and brought a piece of copper; he told me he had long suspected that my Father and I had been robb'd, and now he had greater reason to think so; I told him that piece was mine, and that I had had it in my hand but the day before; he said his servant paid 12 s. and 6 d. for it, at 10 d. per pound, the full value.

Thomas Reeves . On the 28th of October last, Mr Applebee came to my house, he ask'd me how my father did.

Q. What are you?

T. Reeves. I am a coppersmith and brazier, and live in Bride's-lane Fleet-street; he ask'd me whether I could make him some brass kettles. I ask'd him when he would have them done? he said, when I could do them. I said he might have them on Monday or Tuesday. Then Mr Gyles came in and said, Mr Applebee, why do not you tell him what you came about? then Mr Applebee said, did not you sell some copper at Mr Gyles's to day? I said, Yes: he ask'd me how much? I said, 15 pounds weight: he ask'd me for whom? I said for Mr Swinton, he desired me to sell it for him. I sold it for 12 s. 6 d. at 10 d. per pound; he brought it to my house. The copper produced in court and deposed to by prosecutor.

Q. to prosecutor. Where was this piece taken from?

Prosecutor. From out of my warehouse. I had mark'd some pieces upon Mr Gyles's information. (He looks in a parcel produced, bought by Mr Gyles's man, he finds some of them) I can swear all here is my property: here is also a copper sauce-pan and cover, which I found in the prisoner's lodgings, mark'd with my own hand. The prisoner, upon being charg'd, down on his knees and ask'd pardon; and desired to be sent abroad in the King's service, rather than to be transported.

John Cornhill . I am clerk, and look after the shop, to Mr Gyles; I never go out of the shop; the last evidence brought this copper at three different times to Mr Gyles's, and I bought them.

Prisoner's defence. Mr Gyles brought a piece of copper into my master's compting-house; then my master ask'd me, if I ever carry'd any out of his shop to Thomas Reeve ; my master said, he would swear to that piece of copper, for it was what he was cutting up that day; Mr Gyles said it was not that piece, for it was a deal stronger than that. I desired my master, as I had been six months, in a French prison, to send me abroad, rather than lie in prison here. Please to call Mr Waters.

For the prisoner.

Mr Waters. I cannot tell any thing as to his private character. I have known him 2 or 3 years, I never heard a great deal of him.

Paul Berkenhead . I have known him 7 years.

Q. What is his general character?

Berkenhead. Nothing more than an honest, hard-working, industrious man.

Guilty 4 s. 6 d .

[Transportation. See summary.]

17. (M.) Thomas Eadon was indicted for stealing one pair of leather shoes, value 4 s. the property of Thomas Littleford , Nov. 29 . ++.

Thomas Littleford . I keep a shoemaker's shop in Castle-street, Leicester-fields , but was not at home when this thing happen'd.

Ann Littleford . I am wife to the prosecutor. The prisoner and another man came into our shop; he ask'd to see a good strong pair of shoes; be fitted on a pair; and said, he thought they were rather to short; I show'd him a pair longer; he fitted them on; I ask'd him 5 s. 6 d. for them, then I bated 3 pence; at their going out of the door, I told them they should have them for 5 shillings; they went away, and in about a quarter of an hour after, they both came in together again; the prisoner ask'd me for the shoes he had been about; and said, he was come to give me earnest for them; I had a suspicion of the other man at his first coming in; while I was turning towards the shoes the other man snatch'd a pair of shoes from out of window, and run away; I said to the prisoner, that man has stole a pair of shoes; he said, he knew nothing of the man, and push'd out into the street; I followed him into the court, and call'd stop thief; he turned about and said, what do you stop me for; I said, you have brought a man that has stole a pair of shoes; the neighbours came and secured him, and we took him before justice St Laurance.

Q. from the prisoner. When you call'd stop thief, whether I did not stand still?

Prosecutrix. He turn'd about and said as I mention'd

Esther Bishop . I saw the prisoner stopt; he laugh'd, and made a sneer at it; when he was before the justice, he said, he did not value what they could do to him.

Prisoner's defence. I went into that shop to buy a pair of shoes; I had but 4 s. 6 d. about me, so could not pay for them all at once. As I went in a man follow'd me, he did not belong to me, I know nothing at all of him.

Q. to Prosecutrix. Did they seem to be both acquainted when they came into the shop?

Prosecutrix. Yes, they did: while this man fitted them, on the other said, they will do very well, they are good strong shoes; they convers'd and pass'd there opinions together about them.

Q. Did they go out together?

Prosecutrix. They did.

Q. Did they come in together the second time?

Prosecutrix. They did.

Guilty .

[Transportation. See summary.]

18. (M.) Ralph Sadler , otherwise Cartwright , was indicted for stealing 70 pounds weight of lead, value 7 s. the property of persons unknown, Nov. 3 . ++

Thomas Wilson . I am a watchman; to the best of my remembrance, last Friday was a month, about 6 in the morning, I met the prisoner at the bar, coming down St Giles's, with a bag of lead; he pitch'd it on a bulk; I ask'd him what he had in his bag; he said, he would not tell me; when he found I would know he threw the bag down and ran away, and I after him; I took him, he pulled out this iron chissel. (Producing one, about a foot long.) He throw'd it down into an area; I had assistance; we searched, and found this knife in his pocket, ( Producing a case-knife, with about two inches broke off, and ground up very convenient to cut lead,) it was in a sheath. We ask'd him were he brought the lead from; at first he said from Whetstone, and at last he said from Hadley from out of a stable; we weighed it, and it weigh'd near fourscore pounds; there are ten pieces of it; we took him before justice Welch; there he said he found it. Mr Welch ask'd him were he liv'd, he said at Westminster, then Mr Welch sent me to the house were he said he lodg'd, they told me he had been gone out on the yesterday, and had not been at home.

Prisoner. The justice ask'd me where I lay that night; and I said, in my own room.

James Noise . I rent the place where the lead was stole from, in Kentish-town; it was stole away on the Thursday-night, from a middle gutter, between a coach-house and stable.

Q. Have you seen the lead?

Noise. I saw it the next morning, it was cut into ten pieces.

Q. Did it match the place?

Noise. I believe it did; but here is the Plumber that laid it down, he can give a better account, (he takes the chissel in his hand,) I believe I can almost swear this chissel was used in breaking the door open, where he went up to the lead; there are marks on the posts in wrenching it, exactly the size.

Alexander Morris . I put up this lead at Kentish-town, I think it was in the month of June or July; I know it to be the same.

Q. Look at that knife?

Morris. This is a very proper knife in our business; it is a very handy thing to cut the lead.

Joseph Holme . While we were fitting the lead Mr Noise came with this chissel; we compared it to the dent it had made in the wood, and it fitted it as true as the impression of a seal.

Prisoner's defence. I found that knife and chissel in a bag, with a pretty deal of hay and lead in it; I pull'd out some of the hay and saw the lead, but did not count the number of pieces, I stood by it some time and nobody own'd it; then I turn'd back, and was bringing it with me, and the watchman came to me.

Guilty .

[Transportation. See summary.]

19. (M.) Edward Smart was indicted for stealing one silver watch value 40 s. the property of James Scofield , Nov. 29 . +

Robert Melvill . On the 29th of November, at night, I was about half way betwixt Exeter-'Change in the Strand and Catharine-street ; the prisoner came up to me, and ask'd me what it was o'clock; I pull'd my watch out: he gave it a snatch, and pull'd it from the chain, and ran away with it; I ran after him and call'd stop thief; I call'd to a watchman, and ask'd him if he saw a man run up Marrigold-Court, he said we shall find him if he is there, for it is no thoroughfare in the night; we went up, and there stood the prisoner close up in a corner; we took him to the Watch-house, and just by the Turk's-Head Coffee-house he threw the watch away; the watchman said to me hold him fast, he has just now thrown it away; he went where he said it flew to and pick'd it up. It is Mr Scofield's watch; he was making me a new one, and this he lent me 'till that was ready. I believe I had had it 6 or 8 weeks.

Q. How far distance from you did he fling the watch?

Melvill. I believe he threw it twenty yards distant, right out into the street.

Q. from prisoner. Was not you very fuddled ?

Melvill. I was: or I had not pull'd out my watch to you.

Prisoner. I was very fuddled, and very uncapable of doing such a thing.

Samuel Duckworth . About half an hour after one o'clock that night, I was siting at the corner of Fountain-Court in the Strand; I heard this gentleman call stop thief; I call'd to the first watchman; and said, if you see a man come that way stop him. I saw a man coming in a white coat, and he ran up Marrigold-Court; I knew he could not go through, for the gate is shut on nights; there we found the prisoner standing close up in a corner. In bringing him away I had hold of his collar; I perceiv'd his hand behind my back; I look'd and saw the watch fly into the middle of the Strand; I said hold him, he has thrown the watch away; I went and pick'd it up while he held him, and brought him to the Watch-house.

Q. Is this the same man you saw running?

Duckworth. I am satisfied it is the same man: he was in a white coat.

George Westerns . I am constable. I had the watch deliver'd to me. He produced it. Deposed to by Melvill, as the property of James Scofield . Mr Scofield deposed to it likewise.

Prisoner's defence. I had been in St James's market, and had drank part of 6 s. worth of punch, a friend ask'd me to go along with him to a club; he got me to Covent-Garden, I ask'd where he was going? he pull'd me along; at last, he went to the house. We were there two hours, and I got more in liquor. I had not been out of the house above five minutes, before they cry'd stop thief; I am a butcher, and was going to a brother butcher's house, to see if I could get a lodging.

Q. to Duckworth. Was the prisoner in liquor?

Duckworth. I really believe he was a little in liquor.

For the Prisoner.

Thomas Forrester . I have known the prisoner about ten years, he lived with Mr Holland next shop to me; Mr Holland is dead, and the prisoner has been since with me.

Q. Where do you live?

Forrester. I live in St James's-market; was he clear'd I would take him again as soon as any man I know.

Q. What countryman is he?

Forrester. He comes out of the west.

John Harpley . I have known the prisoner about 12 years, I believe, if his master Holland had not known him to be an honest man, he would not have kept him, for he was as strict a man as any in England.

Edward Hughes . I have known the prisoner ever since he liv'd with Mr Holland.

Q. What is his general character?

Hughes. He always bore a good character, of a sober young fellow.

William Barnes . I was born where he was, and have known him from a child.

Q. Where was he born?

Barnes. At a town call'd Cricklade, in Wiltshire; I never heard any ill of him before this.

John Williamson . I have known him about a year and a half, he has behaved honest and sober since I knew him.

James Evans . I have known him 12 months or better.

Q. What is his general character?

Evans. His character has been very good ever since I knew him. I have heard many master Butchers give him an exceeding good character.

Guilty .

[Branding. See summary.]

20. (M.) William Snow was indicted for stealing one iron door with an iron frame thereunto belonging, value 5 s. the property of persons unknown, Oct. 28 . +

John Martin . On the 28th of October, between 7 and 8 o'clock, the prisoner came to me with an iron frame and door to sell; it being new, I thought it not honestly come by: I took him before Justice Welch, and he committed him.

Q. What is the prisoner?

Martin. A day-labouring man . I have advertised it, and cannot hear of an owner to it.

Q. Did you ask the prisoner how he came by it?

Martin. I did; he said he bought it of a man in the street.

Q. What is your business?

Martin. I am a Carpenter, and sell houshold goods.

Q. What is the use of this iron door and frame?

Martin. To fix in brick-work to a copper.

Acquitted .

21. (M.) Mary Fennley , spinster , was indicted for stealing one silver tooth-pick-case, value 20 s. one silver tea-spoon, value 2 s. one Dutch purse, value 5 s. one mettle snuff-box, gilt; 5 louis-d'ores; 1 ducat; one 36 s. piece, and 20 s. in money, numbered , the property of Benjamin Duplan , May 9 . +

Elizabeth Duplan . My husband is named Benjamin, the prisoner was my servant , she ask'd me leave to go down the garden, she left the back-door open; I found she did not return, I went to see where she was, and she was gone out at the garden-door , and I never heard of her 'till the 6th of Nov. at eleven at night. Since she has been gone, I miss'd a Dutch purse, and several pieces of foreign gold, a toothpick-case, and metal snuff-box gilt, and some shillings and sixpences.

Q. Name the pieces of foreign gold.

E. Duplan. A double louis-d'or and a single louis-d'or, one ducat, and one 36 s. of Portugal money; I always us'd to keep them lock'd up, but I found the drawer open.

Q. Do you think it was opened by any body, or that you left it open?

E. Duplan. I might have left it open, I can't say.

Q. In what room was it?

E. Duplan. It was a chamber, the prisoner was nursery-maid.

Q. Have you found any of the things again?

E. Duplan. No, I have not; she owned to the taking of them all before the Justice; and she went with the constable and me to the places where she had sold some of the things, but the people said they had parted with them; she said one Catharine Price induc'd her to do it.

William Garnon . I had a warrant put into my hands on the 15th of May last, against the prisoner, and on the 7th of November she came back to her mistress's again; the prosecutrix sent for me, there was the prisoner in the kitchen; I talk'd with her, she own'd she had taken these things, and that Catharine Price was concerned with her; the prisoner shewed us the places where she sold the things, but we could not find any thing again.

Q. to the prosecutrix. How came she to come to you so late at night?

Prosecutrix. She said she came to ask me forgiveness, so I charg'd a watchman with her.

Prisoner's defence. I was set on or I should not have done it.

Guilty .

[Transportation. See summary.]

22. (L.) Edward Dickins was indicted for stealing a certain bill of exchange, value 20 l. indors'd Matthew Reynolds , the property of a merchant in Birmingham , Aug. 29 . to which he pleaded guilty .

[Transportation. See summary.]

23. (M.) David Innis was indicted for stealing one silk capuchin, value 4 s. the property of John Batty , Nov. 1 . *

Ann Batty. I saw a capuchin of mine drgg'd out of my window on the first of November, at night: after that a young lad came and brought it in and ask'd me if it was mine? I said it was.

Q. What is that young man's name?

A. Batty. His name is William Shaw . The capuchin produced in court and deposed to.

William Shaw . I was going on an errand, and heard some body call stop thief. I saw the boy at the bar come running along with this capuchin in his hand, I put out my leg to stop him, but he got by; after that I saw him throw it into a grocer's shop; then he made a full stop, and said, Gentlemen, what's the matter. He then had never been out of my sight from the time I had seen the capuchin in his hand.

Robert Goodman . I was coming along and saw the prisoner running as hard as he could; I follow'd him, and when I was within ten yards of him, he throw'd the capuchin into a grocer's shop, and cry'd Gentlemen what's the matter? he was secured, and the cloak carried to the prosecutrix.

Prisoner's defence. I was going through the court, and heard the words stop thief; I stop'd; a gentleman came up, and ask'd me what I had stole? I said, nothing: when he had got me away from that place, then they said the thing was found.

Guilty .

[Transportation. See summary.]

24. (M.) Ann Torbuck , spinster , was indicted for stealing 20 guineas , the money of John Goulding , Aug. 8 . *

John Goulding. The prisoner was my servant , she came first as a chair-woman, and at last I hired her at 3 l. a year; I lost 20 guineas out of a drawer at my bed's feet in our room, in a little green purse.

Q. When had you seen it last?

J. Goulding. I saw it last on Friday, the 6th of August, and did not miss it 'till the Tuesday after; then I went up to take it to pay away where I ow'd it, and it was all gone.

Q. Why do you suspect the prisoner?

J. Goulding. She would quarrel with us on that Sunday, and would not take dinner up, but went away in an abrupt manner; I went to Mr Fielding, and took out a warrant against her; we could not find her, but we took up her mother, after that we took the prisoner and had her before Mr Fielding, and he committed her: she would not confess any thing.

Q. from prisoner. Did you ever see me in your room?

J. Goulding. No: We never suffer a servant to go there without our knowledge.

Q. from prisoner. Whether my mother was not taken up for stealing this money?

J. Goulding. No, she was charged with receiving the money, knowing it to have been stolen.

Sarah Goulding . The prisoner came very poor into my service, on the Thursday morning my husband went up stairs, the prisoner said, I wonder what my master goes up stairs for! with an oath, I'll go up and peep. On the Saturday morning I call'd her about 5 o'clock; she never answer'd me: after that I call'd her again, she made no answer, presently I goes to the stair-foot, and heard our room door creak.

Q. Where was your husband then?

S. Goulding. He was asleep in bed. We lay up one pair of stairs, and she lay in a room opposite, on the same floor; I said nothing to her, nor she to me: on Sunday we had some friends come to see us, and at noon, when we went to dinner, she went up stairs and would eat no victuals; she had quarrel'd with one of the women that had help'd me to dress dinner; she said she would go and see her father and mother: I said pray take your week's wages with you; she had been with me that time. She would not take it, her mother came on the Saturday, and brought her a pair of old shoes; after that a strange man came and brought her some cloaths; I miss'd my money and took her up; in the drawer where this money was, was a small piece of chints, for many years, producing it. This I found in the prisoner's bed-chamber.

Q. from prisoner. Was not you much in liquor; did not you take a half pint pot, and go down into the brandy cellar and get drunk, and then come and give me a slap in the face that Sunday morning?

S. Goulding. O you wicked girl! I never did such a thing in my life.

Prisoner. She lock'd up the victuals, and would not let me have any dinner.

Stephen Dupre . I was the officer. I served the warrant on the prisoner and her mother; the daughter was taken up for robbing her master of twenty guineas and a purse; the mother was for receiving the same, well knowing it to have been stoln; August the 9th the warrant was deliver'd to me; I went to the mother's house, and ask'd the mother where the daughter was: she said she was gone cross Morefields; we staid there about an hour and a half: she did not come, then we took the old woman, her name is Ann Davis ; when we were at Justice Fielding's, then the prisoner came; we heard she was at the door, waiting to speak to the old woman; then we went and fetch'd her in. She was ask'd were she bought all her cloaths; she having bought capuchins, and several things of value; she gave a very bad account of that. Justice Fielding ask'd her how she came by the money; she said her brother gave it her; then Mary Peters said, you shew'd me another black petticoat; the prisoner said it was a red one which she had then on; one of the Justice's men look'd at it, and said it was a very good one; it was ordered to be taken off. When she came in again, her mother was coming to speak to her; she shov'd her mother aside, and said, what are you going to turn evidence against me, and hang me? when we found those cloaths of her's, they were conceal'd within the tick of a bed, in a pillowbier, after the tick was ripp'd open.

Mary Peters . I was before Justice Fielding when the prisoner was there; there were a very great argument between her mother and she, but Goulding's money was not particularly nam'd; she got up to her mother and said, Go along, now you have got all you can, I may go to the Devil.

Matthew Eabourn . I was at Mr. Fielding's when the prisoner was examin'd; her mother said something to her, but what, I can't tell; she draw'd herself from her mother, and said, what are you going to turn evidence against me to hang me.

Richard Pugh . I was at the searching of the prisoner's room and saw those cloaths found in the tick of the bed.

Prisoner's defence. I never saw the money, nor had a farthing of it; there was a gentleman that knew me from a child, and he knows I have had a great many things from the country.

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

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 6th, Thursday the 7th, and Friday the 8th of DECEMBER, 1758.

In the Thirty-second Year of His MAJESTY'S Reign. NUMBER I. PART II. for the YEAR 1759. Being the First SESSIONS in the MAYORALTY of The Right Honble Sir RICHARD GLYN , 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.]

PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.

THAT Mary Peters told me, that piece of chints lay kick'd about the room where she lay; I never saw it in my life.

Q. to Mary Peters . Where did you see that piece of chints?

M. Peters. I saw it lying in the room where I lay. I was servant to the prosecutor after the prisoner went away; as I was making the bed I saw it lying under the bed.

Q. to Mrs Goulding. Where did you see this piece of chints first?

Mrs Goulding. I first saw it amongst the prisoner's things on the table in her room.

To her character.

James Davis . Mary Peters is a woman of no reputation, she said she would swear any thing at all in favour of her master; the mistress had turn'd her away, and since that, has taken her again in order to swear against the prisoner.

Q. Was you at the buying of the prisoner's cloaths.

Davis. No.

Q. Did you not say you knew nothing of the things?

Davis. I do not know how my wife and daughter came by them.

Q. Did not you bring an action against the constable for the things?

Davis. I did.

Q. Where they bought with your money?

Davis. No: I could not afford it.

Ann Davis . I am mother to the prisoner at the bar. I was taken up instead of her; I have the gentlewoman here that bought almost all the things; she comes out of Buckingham: her name is Mrs Millican.

Q. Where do you live?

Ann Davis . I live at Wing, near Tring. I once kept a good house there, and many servants.

Ann Millican . The prisoner first lived with me at her first going out to service.

Q. When did she come from you?

A. Millican. She went from me about two years ago; she behav'd very well: she liv'd with me three years, but she had a mind to come to London, like a great many more people, they are very fond of London were there is a great deal of silver; she thought to get all the world by coming here; I have trusted her with all I had; I would take her again did I want a servant, as soon as any body I know.

Robert Dunbar . The prisoner's parents have been servants to us seventeen years; they are very honest people; I believe the prisoner to be truly honest.

Q. How long have you been acquainted with her?

Dunbar. I have not been acquainted with her at all, only with her mother and father.

Elizabeth Waters . I have known the prisoner going on of six years, she liv'd once at Muzzle-hill; I never heard any harm by her 'till this happen'd.

John Rhimes . I have known the prisoner and her mother five or six years; I never heard any harm of her 'till now; the mother I always knew to be a very just, honest, sober woman.

For the prosecution.

John Dean . The prisoner at the bar was servant to me in the year 1755; I catch'd her two times in stealing of half-pence, and in two or three days after my drawers were broke open and I miss'd 20 l.

Q. Only say what is her general character, a good or a bad one.

Dean. Not a good one at all. Acquitted .

25. Thomas Foley was indicted for stealing 24 iron horse-shoes, value 10 s. the property of George Shaw , Nov. 5 . to which he pleaded guilty . He was ordered to be branded and was branded accordingly .

26. (M.) Paul Neal was indicted for receiving the aforesaid 24 iron horse-shoes, well knowing them to have been stolen , Nov. 5 . ++

Thomas Foley . I was out of work and lame some time ago.

Q. What are you?

Foley. I am a journeyman farrier ; I had been acquainted with Paul Neal the prisoner some time.

Q. Did you ever work with him?

Foley. Yes, but a very small space of time; I took these horse-shoes that I was indicted for in Mr Shaw's shop.

Q. How many might you take in the whole?

Foley. I can't tell.

Q. What did you do with them?

Foley. I carried them to the prisoner Paul Neal .

Foley. How many do you think you might carry in the whole?

Foley. I believe he had put as many on upon horses as were found in his custody.

Q. Did he know where you brought them from?

Foley. He did very well.

Q. Can you swear you sold him a dozen?

Foley. I can.

Q. Can you swear you sold him twenty?

Foley. I can, and above; I can swear I sold him some dozens.

Q. Where did you meet with him?

Foley. I us'd to send for him to a publick house at first, he us'd to ask me what it was for, I said you can partly guess, I suppose; have you got any thing, said he; I gave him a nod. Where are they? we did not mention shoes. I told him the first time, I had them not then, but would bring them at one the next day.

Q. Did you carry them the next day?

Foley. No, but in a day or two after I brought him some.

Q. How many?

Foley. About eight.

Q. Eight what?

Foley. Horse-shoes, new.

Q. Was any mention made of Mr Shaw's shop?

Foley. Yes. I told him I was to bring them from there, he knew very well I could make none of my own.

Q. What money did he give you?

Foley. The first money he gave me was two shillings, and promised me more the next day; but did not mention any quantity.

Q. What were they worth?

Foley. Some were worth 6 d. some 9 d. and some a shilling, according as they were for weight. He bid me not to send for him to one ale-house twice, but to meet him at another house next time; he desired me to bring of the largest sort.

Q. Did you carry him any more?

Foley. I did, about the same quantity; sometimes he gave me two shillings, sometimes half-a crown, but he always promised me more; when I carried large shoes, I could not carry so many at a time.

Q. How many times did you carry him shoes?

Foley. I carried shoes about six or seven times, I remember he gave me two shillings all in halfpence the first day, and about half a crown the next day; he us'd to give me about a pint or two pints of beer for my waiting for my money.

Q. How much might he have given you in the whole?

Foley. About 5 or 6 s.

Q. What were the shoes you carry'd worth?

Foley. I can't tell; Mr Shaw can tell the value of his shoes best.

Cross Examination.

Q. Had you worked with Mr Shaw?

Foley. I had, two years.

Q. How could you come at them at Mr Shaw's ?

Foley. I us'd to go and take the key of the shop as it hung upon a nail, when the men were gone to dinner, and take the shoes.

Q. How could you take them without their being miss'd?

Foley. always agree.

Q. Where did Neal the prisoner live?

Foley. He kept a house in Stanhope-street.

Q. Has he lived there long?

Foley. Yes, some years.

Q. Did you ever work for him?

Foley. I believe I did 3 or 4 days.

Q. Had he and you any words by way of anger?

Foley. No, never.

Q. Do you know John Fisher ?

Foley. I do.

Q. Had you no words with Neal just before you saw John Fisher , once?

Foley. No.

Q. Then what was the meaning of those words you said to Fisher?

Foley. Neal had given me some money for some shoes, and a day's wages; I had some words in a publick house with a journeyman, the journeyman had got a warrant for me, and Mr Neal insisted upon my going before Justice Welch, and the other insisted on going before Justice Fielding, where he had the warrant. Fisher he gave in bail for us both.

Q. Did you ever in Fisher's hearing say you would do for some body?

Foley. Not to my knowledge.

Q. How came you to be apprehended for this offence, this is 5 weeks ago?

Foley. I went of my own accord and told Mr Shaw of it.

Q. When was the prisoner taken up?

Foley. He was taken up the next morning.

Q. How came you to know where to find the key at Mr Shaw's shop?

Foley. I had worked there some years, and knew the place where the key used to be put.

Counsel. You seemed to hesitate a good deal whether you should plead guilty or not, how came that?

Foley. Because I never had been in law before in all my life.

George Shaw . I am a master Farrier, I lost horse-shoes, but I did not miss them.

Q. Do you know your own horse-shoes?

Shaw. I do by my mark; I had information from the last evidence, that he had stolen shoes from me, and sold them to the prisoner at the bar; I got a search-warrant and searched the prisoner's premises; I found 24 lock'd up in a cellar under his house. Produced in court. These are all my property.

Q. to Foley. Was you ever in that cellar where the horse-shoes were found?

Foley. No, I never was, 'till we broke the door open to search.

Q. to prosecutor. What do you know these shoes by?

Prosecutor. They have all my mark upon them.

Q. Who does that cellar belong to where you found them?

Prosecutor. I ask'd the person that goes for the prisoner's wife for the key, it was the prisoner's cellar. Foley was then in Covent-Garden work-house.

Q. What did the prisoner say upon your finding the shoes?

Prosecutor. He desired me to be favourable to him, but he did not confess the fact.

Q. Had you the horse-shoes weighed?

Prosecutor. I had, they weighed upwards of 50 pounds.

Q. What do you value them at?

Prosecutor. I value them at 10 s. I should be glad of some tons at that price.

Michael Saunders . I am constable; we had a warrant to search the house of the prisoner, and in the cellar we found 24 horse-shoes, which Mr Shaw owned; then we took up the prisoner; I heard him say to Mr Shaw, he desired he'd be merciful to him.

Robert Maddox . I was present with Mr Shaw when the prisoner's cellar door-was broke open.

Q. Who does that cellar belong belong to?

Maddox. It belongs to the prisoner; I took the horse-shoes out of the cellar; I also heard the prisoner desire Mr Shaw to be merciful to him; I saw no other shoes but the shoes that Mr Shaw own'd.

Patrick Doyle . On the 7th of November the prisoner was committed; I am the man that made most part of these shoes.

Q. Who did you make them for?

Doyle. For Mr Shaw. I have not made a shoe for another man these 14 years.

Prisoner's defence. This is a very wicked man that has done this thing, and it was unknown to me; he has been poverty struck a great while, and bears such a character, no master in London will employ him. He wanted relief of me several times; I told him I did not like his coming into my shop. I did employ him one Saturday, in order for money for a Sunday's dinner; because I would not pay the expences of the bail-bond, he neglected his business and went to Mr Shaw's shop, and brought shoes from thence. I had been out one day, when I came home, I ask'd where Tom Foley was? they said, Gone to dinner. I said, What, and left the horses unshod! they said, He said he would not go without his dinner for never a man in England. He put these things in my cellar unknown to me; because I would not let him have money to get drunk with on the 6th of November, he swore he'd do for me before he went abroad: he was about going to sea, he has been drunk every day in Newgate, and tells people he shall only be branded with a cold iron, and I shall be transported.

For the prisoner.

William Carter . I work'd journey-work with the prisoner seven or eight years ago, and almost three years lately.

Q. Do you know Foley?

Carter. I do: he came to work for master on the 4th of November, and work'd three quarters of a day.

Q. Had you access to the small-beer-cellar?

Carter. No: we had no business with the small-beer, we had board-wages.

Q. Do you know of Foley's ever meeting your master at a publick-house?

Carter. No.

Q. Do you remember his saying on the Saturday, he would go to dinner in spight of any master in England?

Carter. I remember his saying he would go to dinner?

Q. Do you remember any shoes of Mr Shaw's being brought to your shop?

Carter. I never saw a shoe of his brought to the shop in my life.

Q. Who us'd to make your master's shoes?

Carter. In general, my master made his own shoes, without he bought any: I can't tell what he bought.

Q. Has your master been a man of credit?

Carter. He has for five or six years: I can't say to the contrary.

Q. Did you ever set on shoes on horses with the prosecutor's marit on them nor the prisoner?

Carter. I cannot say but I have seen some of Mr Shaw's shoes: I do assure you.

Q. Did you never set any on horses feet?

Carter. I believe I put a pair on, and more I never did?

Q. to Prosecutor. Did you ever sell the prisoner any shoes?

Prosecutor. No never: I never sell any off the horses feet.

Q. What is Mr Shaw's mark?

Carter. It is S and a Crown.

Q. Did your master publickly carry on business?

Carter. He did.

Q. Do you think if your master had receiv'd shoes of Mr Shaw's, knowing them to have been stolen, he would have trusted you to have set them on?

Carter. It is common to buy shoes that are lost from off horses feet, that are good ones.

Q. Did you ever put on new shoes on horses by your master's order, that were new shoes, with Mr Shaw's mark upon them.

Carter. I believe I did put on two new shoes.

Q. Whether or no you have not seen more new shoes with Mr Shaw's mark on them, in your master's shop?

Carter. No: none, but them I mention.

Q. Where had you them two from?

Carter. My master brought them from out of the cellar.

John Fisher . I heard the evidence Foley threaten somebody.

Q. Who did you understand he threatened?

Fisher. I thought it was a man whom they call Ligonier, that works with Mr Neal.

Q. How long have you known Mr Neal?

Fisher. I have known him six years.

Q. What is his general character?

Fisher. I never knew him any thing but an honest man; I have done business for him ever since he has been in that shop, he paid me just and honestly.

Stephen Freeman . I have known him six years, he is an honest hard working man: I have lent him 4 or 5 l. at a time, he paid me again very honestly; I went to Clerkenwell Bridewell and ask'd Foley how this thing came to be found out about the shoes. Said he I ask'd my master Neal for 2 s. and he said he would give me none: then he said he went to Mr Shaw and told him there were 24 or 25 shoes that Neal bought of him.

John Stevens . I live at Porters-Block, and have known the prisoner about six years.

Q. What is his character?

Stevens. He is a man of a sober life, he behav'd well, and did his work very well.

Jos. Worthington. I have known him between four and five years: he is a very honest hard working man.

Thomas Axford . I have known him four or five years; he shoes my horses; I always believ'd him to be an honest man.

Mr Wyers. I have known the prisoner seven or eight months; he bears the character of an honest man.

Hugh Scott . I heard Foley say he would make Neal come to him.

Mr Winwood. I am coachman to Peter Warren , Esq; the prisoner has work'd for my master the time I have been there, that is three years: be always did his work well like an honest industrious man.

Q. Where does your master live?

Winwood. He lives in Cecil-street in the Strand

Hugh Scott . I have known him a year and a half.

Q. What is his general character?

Scott. I look upon him to be an honest man.

Guilty .

[Transportation. See summary.]

27. 28. (M.) Bartholomew Bunny , and Mary Ann, his wife , otherwise Mary Ann Slow , spinster , were indicted for stealing one guinea, the money of John Williams , privately and secretly from his person , Nov. 22 . *

John Williams. I had been in Tothill-Fields with the serjeant, that had lately inlisted me in the evening on the 22d of November; I had got a guinea in my fobb: as I was coming along the woman at the bar laid hold on me, and said, How do you do, my dear: she put her hand down as if she intended it towards my private parts, and gave a shove up, and left me and went off all on a sudden; I could see the soldier at the bar hovering about; I followed the woman and came into a passage where were two posts; the man clapp'd one hand on one post and the other on the other, and stood to prevent my pursuit of the woman; I shov'd him away, in the same court he crossed me 2 or 3 times, and she was going off as fast as she could; I had my eye upon her, and got up to her, and laid hold on her, and told her she had got a guinea of mine: the soldier came up and said I never saw you in my life; I said to the woman it does not signify talking, she had got my guinea. She put her hand behind her, as tho' she was going to shuffle the guinea into his hands; I laid hold on both their hands; he said d - n you what do you want with this woman; I expected a blow. When I found this, I laid hold of them both, and call'd out Watch, the Watch came up and said to me, do you take care of the soldier, and I'll take care of the woman; we carried them to the Round-house; I staid there all night to appear against them, the next morning they were search'd, and the guinea was found upon the soldier; I saw it taken out of his coat pocket.

Q. from Stow. Did not you give me two-pence half-penny, and had your nastiness in your hand, and you gave me the guinea among the half-pence?

Williams. I never gave her a farthing, or said a word to her; I am sure she is not so engaging.

James Bagerly . I am Watch-house keeper at St Margaret's, Westminster. I have had this woman in my charge several times; on the 22d of November last, she was brought into the Watch-house by the prosecutor and a watchman, for picking the prosecutor's pocket of a guinea; I was very particular in searching of her. Said the prosecutor, I believe you have no need to search her, for I believe the man has the guinea, for I saw their hands together; said the soldier, if I have got a guinea, it is that man's (meaning the prosecutor) he pull'd his coat open: I felt in his pocket, the first thing I found was a giblet-pye: I put my hand in a second time, and pull'd out a guinea.

Q. Were there any other money besides that?

Bagerly. No: there were none but the guinea.

Thomas Williams . I am a watchman, I had just done calling the hour between 11 and 12; the prosecutor call'd to me for assistance, and charg'd the woman with robbing him of a guinea. I took hold of her, she gave me two or three slaps on the face, I was oblig'd to knock her down; we took them both to the watch-house, and there I saw Mr Bagerly take a guinea out of the soldier's pocket.

Bunny's defence. I had two-pence and the guinea; I had bought a candle, and saw a soldier, and had given him the other penny; I did not know any thing that it was a guinea; the woman gave the halfpence and guinea to me.

Stow's defence. The prosecutor gave me two-pence half-penny, and whether the guinea was one of them, I do not know. He wanted me to go into a secret place, and said he'd say more to me; and I gave the money to this man, ( meaning her fellow prisoner) I am not his wife, my husband is now in Yorkshire.

Q. to prosecutor. You hear what the woman says, what do you say to it?

Prosecutor. I have had some little education, having been four years at the university, and know the nature of an oath, and consequence of swearing what is not true. I never gave her the value of a farthing, nor offer'd to give her any money; this soldier says he bought a candle and gave a penny to another soldier; it is impossible, when he was stopping me all the time, he was in my sight all the time, and stopp'd me four or five times; the woman call'd him her husband before the Justice.

For Bunny.

Serjeant Hill. I have known Bunny ever since he has been in the regiment, that is, between eight and nine years; during that time he has behaved as a soldier ought to do; I never heard he was guilty of any theft in my lifetime.

Q. Is he in the regiment now?

Hill. He is.

Benjamin Gauthorn . I am corporal in the same company which Bunny belongs to, I have known him a great many years. I was born at the same town he was; I never knew any harm of him in my life; he bears a very good character in the company. As to any thing between the woman and he, I know nothing of it.

Bunny guilty of felony only .

Stow guilty . Death .

[Transportation. See summary.]

29. (L.) Henry Barton was indicted for that he, by false pretences, did obtain into his custody, one pound weight of russet coloured silk, and one pound weight of white sewing silk , the property of Richard Finlow and John Edwards , August 26 . +

Owen Edwards . I am servant to Mess. Finlow and Edwards, Silkmen in Cheapside ; the prisoner came into our shop on the first of June, and had two pound of sewing silk.

Q. Recollect the words he made use of as near as you can.

Edwards. He said he wanted a pound of russet silk, and a pound of blue grey silk, for Mr Lynch.

Q. Who is Mr Lynch ?

Edwards. He is a Taylor in Pall-mall.

Q. Was the prisoner servant to Mr Lynch?

Edwards. He had been his servant, I believed him to be his servant at that time.

Q. Have you any reason to think he was not then his servant?

Edwards. I have.

Q. Did you let him have the silk?

Edwards. I did; he came again the first of July, then he had three pounds of cloth-coloured silk, and a pound of white.

Q. What words did he make use of?

Edwards. He said he wanted three pounds of cloth-coloured silk, and a pound of white silk, for Mr Lynch; he came again the 29th of July, and said he wanted three pounds of cloth-coloured silk for Mr Lynch, and two pounds of light; I let him have it.

Q. Did you give him credit upon his own account?

Edwards. No, nor he ask'd me none, but came in Mr Lynch's name, and I charg'd it to Mr Lynch.

Cross Examination.

Q. Had you any conversation with him about his quitting Mr Lynch's service?

Edwards. No, I had not.

Q. Did he tell you he was in Mr Lynch's service?

Edwards. No, he did not.

Q. Had you any conversation with him about his setting up for himself?

Edwards. No, I had not.

Q. Who did you enter it in the book to?

Edwards. I enter'd is to Mr Lynch.

Q. Do you know of any treaty about the prisoner paying the money, and there was to be no prosecution?

Edwards. I do not know of any such thing.

Mr Mason. I am servant to Mess. Finlow and Edwards; the prisoner came to our shop for a pound of russet and a pound of white sewing silk, on the 26th of August, and said it was for Mr Lynch, I deliver'd it to him.

Q. Who did you charge it to?

Mason. To Mr Lynch.

Q. How often does Mr Lynch make up his accounts with your masters?

Mason. He generally does once a year.

Q. Had you any conversation with the prisoner relating to having them on his own credit, or about setting up for himself?

Mason. No, none at all.

Q. Does the prisoner live with Mr Lynch now?

Mason. No, he does not; we know since that Mr Lynch had parted with him at that time.

George Winter . I live with Mr Lynch, he married my aunt, the prisoner was his servants; I carry on his business for him.

Q. When did the prisoner leave Mr Lynch's service?

Winter. He left our service on the 29th of May last.

Q. Where was Mr Lynch at that time?

Winter. He was at that time at the Bath for his health.

Q. How long was he at Bath?

Winter. He has been return'd about a month now.

Q. Did you give the prisoner any orders to fetch this silk for Mr Lynch since he left your service?

Winter. No, I did not.

Q. Do you carry on the whole business?

Winter. I do; Mr Lynch gave me a letter of attorney to carry on the business in his absence, there is nothing done but what I order.

Cross Examination.

Q. In what capacity was he at Mr Lynch's?

Winter. He was a journeyman, and had wages as other men, and when he did not work he had no wages.

Q. Can you tell he had not an order from Mr Lynch to fetch these goods?

Winter. Mr Lynch gave me a letter of attorney a month before, and the prisoner was not in our service when he went for these goods.

Q. How did he behave when he was with you?

Winter. He always bore a very good character 'till this thing.

Q. How long had he been in Mr Lynch's service?

Winter. He had been in his service first and last, about twelve years; we never could lay any thing to his charge before this.

Q. Is it not possible there might be a mistake in these things?

Winter. I believe there could be no mistake.

Q. After the time he left your service, do you know whether Mr Lynch ever sent him to Mr Finlow's for silk of any kind?

Winter. No, I know I never gave him directions.

Q. Did any other employed under you?

Winter. No, there are none have orders to give directions.

Dennis Morris . I am Mr Lynch's Bookkeeper and Clerk; it is my business to make entries of things that come to the shop.

Q. Did you ever give the prisoner orders to fetch any thing from Mess. Finlow and Edwards?

Morris. No, never after the time he was discharged from our house.

Q. When was he discharged?

Morris. He was discharged on the 29th of May last; if any things are brought in, I book them.

Q. Was there two pounds of russet silk on the first of June?

Morris. No, none came to us.

Q. Was there three pounds of cloth-coloured the first of July?

Morris. No.

Q. Was there one pound of white at the same time?

Morris. No.

Q. Was there three pounds of cloth-coloured, and two pounds of light, the 29th of July?

Morris. No, we never had them in our house to my knowledge.

Q. Was there one pound of russet, and one pound of white on the 26th of August?

Morris. No, no such goods came that day; if they had been received, I should have seen them, because I enter all such parcels in our books.

Q. Is there any other person that has any authority to order things?

Morris. No, none have authority but Mr Lynch's nephew; he comes to me and desires me to write so and so: then they are ordered in.

Guilty .

[Transportation. See summary.]

29. (L.) Samuel Cordwell was indicted for stealing 15 guineas and 3 l. in money, numbered; the money of Elizabeth Greenwood , widow ; and one pound of worsted, value 10 d. the property of Henry Badcock , in the dwelling-house of the said Henry , November 17 . +

Henry Badcock . I keep a Hosier's shop in Bishopsgate-street ; the prisoner had worked for me about a fortnight or three weeks before this happened; he came to my house on the 17th of last month, I left him in a little room with Mrs Greenwood my house-keeper, and went up to my workmen to read the news-paper to them; I did not stay long, and when I came down again, my house-keeper said the prisoner was come up stairs, and he went up very softly; I not seeing him, went up and found him in my house-keeper's room up two pair of stairs; he was scuffling with something in his hands by her bed-side. I said what business have you here? he said he was only looking for a dram. I took him up into the work-shop, he was so much dejected, he could hardly stand; I did not search him; I went down and told my housekeeper of it, and bid her go up and see if she miss'd any thing. She went up, and came down, and said every thing was in the same position as before; and said she belived she had lost nothing. A woman that the prisoner liv'd with came into my shop, he came down, and they went away together. At night, I went to see whether he had not taken any worsted, and miss'd one pound out of a parcel of half a dozen there I found but 45 skains, which was nine skains short; then I call'd one of my men down, and told him I miss'd a pound of yarn: I shew'd him the parcel, and he saw there was a pound missing. He went and fetch'd him from an ale-house in Holloway-Lane, very much in liquor; I held out the bundle to him and said, You have taken out a pound from it: then he said, Have you a mind to hang me, I wish I was hang'd, I'll cut my throat. He agreed to pay for the worsted, I let him go. On the next Sunday in the forenoon, I was below, my kouse-keeper was above, I heard her fall down into a swoon; I stepp'd to the stairs and ask'd what was the matter? she said, This villain has robb'd me: I went directly and got a constable and apprehended him in Holloway-Lane. At first, his wife said he was not at home, and I should not come in; but I got in, and found him in the necessary-house, and carried him to New-prison, the next day before Justice Keeling, and he was committed. Then the Wednesday following, came his own brother with two gentlemen, they told me I had no occasion to say any more to them about it, for he had confessed the fact. On the Monday after, I and a neighbour, one Mr Collins, went to the prison to him; as soon as he saw me, he burst into a flood of tears, and acknowledged he had taken the money, and said he was very sorry for it; he said, How much money was it? I said, 18 l. odd. Said he, I did not keep count, but spent it as I wanted it: he said also he had taken it before that time that I catch'd him in the room. I said, How could you rob this poor old woman? he said, It was drinking and the temptation of the Devil; but he took all the blame upon himself, he thought it would never be found out, but every thing is brought to light, he said.

Cross Examination.

Q. What workmen do you keep?

Badcock. I keep Wool-combers; the prisoner has work'd for me as a Wool-comber.

Q. When did he leave your service?

Badcock. I believe he left my service about the beginning of November.

Q. How did he behave in his business?

Badcock. Not well at all; always drunk in his business; I lost the selling of many goods upon his account.

Q. Did he say he took the money all at once ?

Badcock. No, he said he took it at separate times, while he worked with me, and he had taken all his wife's cloaths from pawn.

Q. For what purpose did he come this time to your house?

Badcock. I verily believe it was to get up into that room.

Q. How came the yarn in your house-keeper's bed-room?

Badcock. Sometimes I have not room for all I have in my shop; then sometimes I have half a pack lies there.

Q. What did you charge the prisoner with at the goal?

Badcock. I ask'd him if he was guilty of stealing my house-keeper's money? he said he had taken it, but not when I found him in the room, but at separate times before.

Q. Was there any promise of favour made him?

Badcock. No, none: only I said I'd do what I can for you (my meaning was, to bring him to justice ).

Q. Was this confession before or after this?

Badcock. I believe this was after his confession; he confessed voluntarily.

Q. What did he say before the Justice?

Badcock. He said he would not confess; but whether he liv'd or died Mrs Greenwood should not lose her money; his friends should give her that.

Elizabeth Greenwood . I am house-keeper to Mr Badcock; I had all my money on the 12th of August, 15 guineas in gold, eight crowns, of which he left two, 20 s. in single shillings, and two half-crowns.

Q. When did you see it last?

E. Greenwood. I was at my chest one day looking at my things, I thought my box was a little light, but I did not look in it.

Q. When was this?

E. Greenwood. This was the week before this came out.

Q. When did you miss the money?

E. Greenwood. The Sunday morning after he was taken; he was taken on Friday the 14th, the day he was found in my room; then I went to make my bed, and sweep my room, I went to take a basket from off a chest, and my black silk purse that my gold was in, was lying on the chest; then I looked for my silver, and all were gone but two crown pieces.

Q. Did you hear the prisoner say any thing about the money?

E. Greenwood. No, I did not; he told me at the Justice's, he would not confess; but said, Mrs Greenwood, let me live or die, my friends will make you recompence.

Q. Had you us'd to keep your chest lock'd?

E. Greenwood. I did, but this time I found it open, and the box that I us'd to put at the bottom of all my cloaths, I found on the top; and I was frighted very much.

Cross Examination.

Q. When was the last time you saw the money?

E. Greenwood. I saw it since the 12th of August, but I did not tell it.

Q. Did you look in your purse that time you look'd in your box?

E. Greenwood. I saw money in the box, that was silver, but I did not look in the purse; I only can say there was some gold in it, but I did not tell it.

Q. How long was this before he was found in your room?

E. Greenwood. This was about a week before.

John Parker . The prisoner at the bar rented a room of me, with a woman that he call'd his wife, and her mother liv'd with them; sometimes he work'd along with me for Mr Badcock, but he did not do a great deal of work; he was always drinking, and always had money: about a fortnight before he was taken up, he shew'd me half a guinea and 6 or 7 s. in silver, and said he had met with a friend that he had it of: I ask'd his name, he could not tell, but said he was a Silversmith: he never could work without liquor, and I know he has not earn'd above 4 s. a week, one week with another.

Q. What could he earn a week?

Parker. If he would keep sober he would earn eight or nine shillings a week.

John Stafford . On the 17th of last month Mr Badcock brought the prisoner up into the workshop, and said, he catch'd him in the room under the shop; he said to him, I am surpriz'd what brought you into that room; the prisoner said, I was looking for a pocket-pistol; said Mr Badcock, do you suppose I carry fire-arms; no, said the prisoner, I mean a small phial bottle; Mr Badcock soon went down stairs; the prisoner seemed very much dejected; said my shop-mate, let us contrive to get a little beer for him; said he, I can neither eat nor drink, I do not care if my throat was cut a-cross; he soon went down; when he was taken, he got out of bed and ordered the old woman to bolt the door after him, and he was taken in the necessary-house.

James Collins . On the 27th of last November I went with Mr Badcock, to Clerkenwell prison; there I heard the prisoner confess he took the money mentioned, at different times, that he found the keys on the top of the box.

Q. What are you?

Collins. I am a Linnen-Draper; and went by particular desire of the prosecutor.

Cross Examination.

Q. Was there any promise made him if he would confess?

Collins. I think there was some promise of favour.

Q. Before, or after, he confess'd?

Collins. Before he confess'd: I think the promise was, that he would be as favourable as he could.

Prisoner's defence. I was very much in liquor when I went into this house; Mrs Greenwood was in a little room; I ask'd, if I might step up to the men at work; she said, yes; I stepp'd into the room, on the second story, where the wool used to lay; the men where talking what good work they had been upon, I went to see what sort of wool it was, whether it was better work than my own; I was looking at it I believe ten minutes, my master came and catch'd me there, I had put the door too, because he should not see me looking at the work; he ask'd me what I came there for; I said, for a dram; he took me up stairs; they ask'd me if I would have a pint; I said, I had been drinking all day; we joined for a pint a piece; I went home, and then to the Crown in Holloway-lane for a pint of beer, and Mr Badcock sent a man for me; I went to him, and said, what do you want with me; then he said, what business had you in Mrs Greenwood's room, I have lost some yarn and I lay it to you; I said, I never saw a skain of yarn there in my life; he said, if I would not pay him for it he would have a warrant for me. Then I said, sooner than I would be sandaliz'd I will pay you for it. I went to work on Saturday at Mr Honyborn's, and at night Mr Badcock came with a constable and took me, as I was at the necessary house.

For the Prisoner.

John Beck . I was before the justice when Mrs Greenwood was examined; she said, she had seen her money about a week or ten days before. She did not mention either gold or silver. I have known the prisoner 12 or 14 years.

Q. What is his general character?

Beck. To the best of my knowledge he is a good workman; I never heard any thing amiss of him, or any of his family; he has very reputable parents.

William Hunt . I have known the prisoner above twenty years.

Q. What is his general character?

Hunt. He has a very good character; I never heard any thing ill of him nor any of his family; I believe he is a very honest fellow; and if he wanted money his friends could let him have it, if it was twenty or thirty guineas.

James Twitchel . I have known the prisoner sixteen years, I never knew he was guilty of doing any ill; he was always very honest, I have been in his company many times; his friends are people of credit.

George Alden . I keep the White-Hart Inn, St John's street; I did once live at St Alban's, and knew the prisoner's relations, people of good credit; the prisoner bore a good character, only he used to love a little liquor; I never heard any dishonesty of him before this; I could have trusted him with any thing.

Mr Finney . I have been acquainted with the prisoner's family for upwards of twenty years; the prisoner was a very honest lad 'till this affair for what I ever heard; but I have had little knowledge of him for this three years last past.

Guilty 39 s .

[Branding. See summary.]

31. (L.) William Brown was indicted for stealing one pint silver mug, value 30 s. the property of Sarah Rush , widow , Dec. 4 . ++

Sarah Rush . I keep the Rose and Crown, in St John's street ; I lost a silver pint mug, I cannot say who stole it; it was found upon the prisoner.

Q. When did you loose it?

S. Rush. I did not miss it 'till Saturday night last.

Q. Was the prisoner at your house that day?

S. Rush. He was. I have known him from a child.

Q. What is he?

S. Rush. He served his time to a Peruke-maker, at Rotherhith. His mother is a very honest woman, and lives at Newport-Pagnel.

Mark David. Last Monday evening the young man at the bar came to my house with a silver pint mug to sell.

Q. What is your business?

David. I am a Taylor by trade, and deal in gentlemens left off cloaths.

Q. How came he to go to a Taylor's house to sell a silver mug?

David. He had met one of our Jews, that carried a box about with silver, and that man recommended him with it to me, because I am constable.

Q. What did he ask you for it?

David. He ask'd me five shillings an ounce. I stopp'd it. (Produced in court.)

Mrs Rush. This is my property, here is W. R. S. on the bottom of it; our people sometimes leave them in the yard.

David. I brought the prisoner to Guildhall, before an Alderman, and he was committed to Newgate; he own'd, as we were going along, that he took it out of Mrs Rush's yard.

Q. What did he say before the Alderman?

David. He cried very much, and said, he was very poor, and was asham'd to borrow money of Mrs Rush, and he took it out of want.

Q. to Mrs Rush. Was you with the prisoner at Guildhall?

Mrs Rush. I was: I cannot say that he said three words there; had he ask'd me for twice the value of it, on his mother's account, I would have let him have it.

Prisoner's defence. I found it lying in the yard. I implore the mercy of the court.

Guilty .

[Branding. See summary.]

32. (M.) Mary Lockhook , spinster , was indicted for that she, about the hour of eleven in the night, on the 17th of November , the dwelling house of Elizabeth Powel , spinster , did break and enter, and stealing 3 brasses belonging to a stow, and one counterpane, the goods of the said Elizabeth . +

Elizabeth Powel . I live in George-yard, Whitechapel ; I went out on the 17th of November, between twelve and one at noon, and return'd between twelve and one at night, I found my window open, the sash was throwed up.

Q. Was your window-shutter fast when you went out?

E. Powel. No: I had left it open.

Q. Was the sash fasten'd down?

E. Powel. I cannot be positive whether it was or not.

Q. What did you loose?

E. Powel. I lost 3 brasses belonging to a stow, and a counterpane.

Q. Why do you charge the prisoner?

E. Powel. Here is a witness, James M'Clement, that saw her come out at my window.

James Blacket . I am an officer, I was called up in the night to take charge of the prisoner.

Q. Did she confess any thing?

Blacket. I did not hear her confess any thing.

John Tompson . Betwixt ten and eleven on the 17th of November at night, the prisoner was brought to the watch-house, I searched her and found those 3 brasses upon her, (Produced in court, deposed to by the prosecutrix.) the counterpane was brought in along with her. (Produced, and deposed to by the prosecutrix.)

James M'Clement. On Tuesday night, the 17th of November, betwixt 10 and 11 o'clock, I was going along George-yard, Whitechapel; I saw a window open and a sash up, and no light in the room; I call'd out, was any body in the room; there was no answer, but I thought I heard a little noise; I went and knock'd at the door, and the people above look'd out; I ask'd, if the people below were at home, saying, the window was open; then the prisoner jumped out at the window and ran; I kept my eye 'till I catch'd upon her, and when I stopp'd her this counterpane was lying by her feet.

Q. How far did she run before you stopp'd her?

M'Clement. She had ran about forty or fifty yards, then I led her to the Watch-house, and the beadle search'd her, and found these three brasses upon her.

Q. to Prosecutrix. Do you rent the whole house?

Prosecutrix. I do: and let the other parts of it out.

Prisoner's defence. I hope the Court will take it into consideration: I never was in confinement before.

Court. Have any of these witnesses known the prisoner before?

Blacket. I have known her some time, and always took her to be of good character.

Guilty of Felony only .

[Transportation. See summary.]

33. (M.) John Draper was indicted for stealing 4 pounds weight of horse-hair, value 8 s. the property of George Grisewood and John Warrington , Sept. 22 . +

George Grisewood . Mr John Warrington and I had some horses that were employ'd in the King's service; they were at grass, at Mr Stapp's at Stoke-Newington .

Q. How many were there of them?

Grisewood. There were fifty or sixty of them; there were seven of them had their manes and tails cut off.

William Stapp . The horses were at grass with me; there were five grey and two black ones, had their manes and tails cut off; I know not who cut them off; but in the field where the horses where, we found a pocket-book, in which were some letters directed to John Draper , Fleet-street; we got a search-warrant and search'd his house, and found about the quantity of horse-hair, as we think was cut from horses.

Q. What sort of letters were they?

Stapp. They were letters that had been open'd and read; we found the prisoner by the directions of them letters, near Temple-bar, Fleet-street.

Q. Was you at the execution of the search-warrant?

Stapp. I was: we found about two or three pounds of grey horse-hair, tied up in bundles and seem'd very fresh, just as if immediately cut off; there were some black a smaller quantity; we took the prisoner before the gentlemen at Guild-Hall; his defence there, was, that he had had that hair by him there years; it smelt greasey of the horse and oily, as if fresh cut off.

Cross examination.

Q. Is the prisoner a house-keeper?

Stapp. He is: and a peruke-maker.

Q. Did you find other hair besides that?

Stapp. We found very little besides this.

Q. Did you find no human hair?

Stapp. Very little.

Q. Were the letters shown to him?

Stapp. I do not know what he said to them: but he own'd the pocket-book.

Q. How did he say he lost it

Stapp. He said he went to his father's at Totenham-High-Cross, for some apples, and going along, lost his b: but where this was found there was no path.

Q. Do you know the prisoner's father ?

Stapp. I do: he belongs to the turnpike at Stamford-hill.

Q. Is it not the nearest way to go over your grounds to his father's house.

Stapp. No: it is out of the way to his father's, go which way you will.

Q. Do not people go cross your fields some times?

Stapp. Some times people will, tho' they have no right for so doing.

John Wright . I found this pocket-book in the fields where my master's horses were; produced in court.

John Cook . I was at the searching the prisoner's house. Some white and black horse-hair produced. This we found there.

Q. What are you? Cook. I am constable.

Q. How did he say he came by it?

Cook. He said he brought it of a Scotch pedlar, and had had it by him two or three years.

William Holonby . I was at the prisoner's examination the second time, which was on the 28th of September; the horses were brought to Guild-hall, and the sitting Aldermen desired some hair might be cut off to compare with the other hairs, which I did. I have had it in my custody ever since. Producing it.

William Redman . I am a peruke-maker. I was prosecutors, to come to examine this hair, which I did, and gave it as my opinion, that the greatest part of the hair were just cut off, and had it's natural sweat and moisture about it. 'It is tied about with Barbers thread, part of it is manufactured: some of it has been washed: some of it has the radical moisture, or sweat of the horse now. I don't apprehend it can have remain'd in the state it is now, so long as the prisoner talks of. We find by experience it always will dry.

Q. Compare this other small parcel that was cut off at Guild-hall, with the others?

Redman. (he takes them in his hand ): It is impossible to give judgment of this, for hair will come so near: we find the nearer the shoulder it is the strongest, and nearer the head the softest, the out side of the mane in general is lightest and softest, that is the upper and under, provided that is grizzly.

Q. to Stapp. When was the hair missed?

Stapp. It was miss'd the 21st of September, and the search made the 26th of September.

Q. to Redman. Has there been time enough since the 21st of September, to manufacture that which is manufactured, to be in the state it is in?

Redman. Yes: there has. He might have manufactured the whole, and a great deal more.

Q. Can you say, that which you say has it's radical moisture in it, that may have been in the state it is in for twelve months?

Redman. I cannot say how long: no man can be certain. I very much query whether it could: for in lying, the radical moisture will dry into powder and fly off.

John Graham . I am a Peruke-maker; I have seen this hair. (He takes it in his hand). I believe most of it is fresh cut off.

Q. Do you think it has been cut off the horses three years?

Graham. No: nor one year neither; here is the natural moisture upon it.

Prisoner's defence. On Monday the 18th of September, I had been at my father's at Tottenham-High-Cross; they have a very large orchard, and were complaining they could not get people to gather the fruit; they desired the first leisure time I had, I would come and help them. I did, but then I went by Islington; but the afternoon proving showery, we did not gather much fruit: that afternoon I got an accident, by falling from a pear-tree; my mother insisted on my staying all night; I came home to town the next morning, the day proving fine again, and I was very little wanted at home, as my business is chiefly among the gentlemen of the Law, and they were many of them out. I went on the Friday again, the day being fair, I went to cross these fields, but I found it very wet; I went to go up lordship-lane by Newington, and it was so bad I was oblig'd to take to those fields where these horses were; I remember seeing a great number of them, and whether by pulling out my hankerchief I know not, but my book was dropp'd; there was a usual path, and people have frequent intercourse through that field; I have often gone that way, there are 4 gates to those fields, and I think I went the nearest way to Stamford-hill; I was in bed at my father's house at the time the hair was cut off, and it will be proved, that I had this hair in my house some time before.

Q. to Stapp. Was the pocket-book wet or dry when it was found?

Stapp. It was very dry: it was a fine day and found about 4 in the afternoon.

Q. Do you remember any rain before that?

Stapp. I do not remember any rain for two days before. The book was found clear out of any path.

For the Prisoner.

Richard Stanbury . I was journeyman to the prisoner above nine months and a week, I remember this hair extremely well, (looking at it.) it is of my tying up.

Q. How long has it been in your master's house?

Stanbury. I remember it being in the house for better than two years, I believe all of it. (there were some picked out with the radical moisture in it), he takes it in his hand.

Q. What do you say as to that in your hand?

Stanbury. I really think all this has been in the house better than two years.

Q. How came it not to be manufactured ?

Stanbury. Because it is not fit for use.

Q. When did you come to live with the prisoner?

Stanbury. I came to him about a week before last Lord Mayor's-day was 12 months.

Q. What is his general character.

Stanbury. He always had the character of a very honest and just man in his dealings, and a very sober man.

William Morris . I saw this hair before in Guildhall; I had not seen it for three years before, since I was apprentice.

Q. Will you swear you saw this hair in the house three years ago?

Morris. I know the prisoner bought a parcel of hair of James Hope , and there were some such hair as this.

Elizabeth Heckles . I work for the prisoner in picking the hair; I remember I desired my master not to have all the hair pick'd, because it would not pay cost; I believe he had this hair between two and three years.

Thomas Shoarn . I saw such hair as this between two and three years ago, in the custody of Mr Draper, he offer'd it to sell to me. This is fit only for brush-makers.

Q. Are you sure this is the same?

Shoarn. I can't say it is?

Samuel Taylor . I liv'd with Mr Draper about 15 months; I came to him in January 1757, and staid 'till November following, he had then a great deal ofhair by him, and I really believe this is some of the same hair.

Mr Berry. I have known the prisoner about three years, I never heard but that he bears a very honest character; as to this affair, I know nothing of it.

Samuel Closs . I have known the prisoner 15 years, he and I were fellow-apprentices together, he is a man of credit and reputation.

John Symonds . I have known him about a year and a quarter, he has the character of a very honest man.

William How . I have known him three years I never heard any dishonesty of him before.

Mr Rayment. I have known him four or five years, he is a very honest man.

Matthew Roak . The prisoner was tenant to me, a very honest man.

Q. What is your business?

Roak. I was a Butcher, but now I am a Grave-digger.

Acquitted .

34. John Curtice was indicted for stealing one pair of Leather shoes, value 14 d. the property of Thomas Hay . The prosecutor did not appear. Acquitted .

35. (L.) William Aubery was indicted for stealing one linnen handkerchief, value 10 d. the property of Rant Benson , spinster , November 14. ++

Edward Benson . About the 14th of last month, I was crossing from Chancery-Lane-end to the Temple; Mr Gretton clapt me on the shoulder, and said, You have just now lost your handkerchief, and this is the rascal that took it, having hold of the prisoner at the bar; I look'd, and saw the handkerchief lying at the prisoner's foot, produced in court, it is my sister Rant Benson's property.

Mr Gretton. I was coming along Fleet-street , I saw two or three dirty fellows following Mr Benson; I saw the prisoner put his hand into his pocket and pull out this handkerchief; Iimmediately push'd up and took him by the collar, and tapt. Mr Benson on the shoulder; I saw the prisoner throw the handkerchief down, and I immediately set my stick upon it. The prisoner said nothing in his defence.

Guilty .

[Transportation. See summary.]

36. (L.) John Tanklin was indicted for stealing one pair of shoes, value 6 d. the property of Henry North , Oct. 27 . ++

Mary Smith . I clean shoes in George-yard Lombard-street ; I had a pair of shoes to clean of Henry North 's, I went to carry a pair of shoes home, when I return'd I miss'd Mr North's. I observed the prisoner fumbling about something, I stopp'd and got assistance and searched him, and found them in the lining of his coat.

Guilty .

[Transportation. See summary.]

37. (L.) William Heath was indicted for stealing 5 pounds weight of sugar, value 2 s. the property of persons unknown, Nov. 21 . +

Acquitted .

38, 39. (L.) Johanna Scambler and Elizabeth Ireland , spinsters ; were indicted for stealing 40 pounds weight of sugar, value 8 s. the property of persons unknown, November 12 . +.

Acquitted .

40. (M.) Catharine, wife of Peter Harford , was indicted for stealing one blanket, value 2 s. one linnen sheet, value 3 s. one pillow, value 18 d. two pillow-biers, value 1 s. the goods of Robert Newell , out of her ready-furnished lodgings , Oct. 13 . +

The prisoner owned the fact, and where they might> find the goods; which were found accordingly, and produced in court.

Guilty. 10 d .

[Whipping. See summary.]

41. (M.) Elizabeth Lidle , spinster ; was indicted for stealing two linnen shirts, value 5 s. and one linnen apron, value 6 d. the goods of John Sutherland , Nov. 1 . +

Elizabeth Sutherland . I lost the things mentioned in the indictment, three or four months ago; I found some at the Pawnbroker's, and catch'd the prisoner in a shop selling one of the shirts, and secured her.

Sarah Woodnot . The prisoner pawn'd this shirt with me. Producing one depos'd to by prosecutor.

Guilty. 10 d .

[Transportation. See summary.]

42. (M.) Sarah Lloyd , Spinster ; was indicted for stealing one silver spoon, value 8 s. the property of Grace Morgan , widow ; November 23 . ++

Grace Morgan . I keep a publick house , the prisoner call'd for a pint of beer, a silver spoon had just been us'd, and was lying in the kitchen; when she was gone, the spoon was missing.

Elizabeth Spurr . I live next door to Mrs Morgan, the prisoner had come to my house to see a lodger of mine; Mrs Morgan's niece came and told me the prisoner had just taken a spoon; I went up stairs with her, and tax'd the prisoner with it; she deny'd it, I search'd, and found it in the calf of her stocking, mark'd. G. M. Produced in court, and deposed to by the prosecutrix.

Prisoner's defence. I was in liquor and knew nothing of it.

Hannah Pierce . The prisoner liv'd servant with me about six weeks, three months ago, she was very honest then, for what I know.

Guilty .

[Branding. See summary.]

43. (L.) Hannah, wife of Arnold Ashbrook , was indicted for stealing one woman's gown, value 6 d. one linnen shift, value 3 d. one child's gown, value 2 d. and one apron, value 1 d. the property of Susannah Robinson , widow ; Nov. 13 . ++

Susannah Robinson . I have 18 d. per week allowed me by the parish; I went on the 13th of last month for it, and left the prisoner in care of my things at home; and while I was gone, she robb'd me of the things mention'd in the indictment; I took her in the street, ( she us'd to go a hunting ) I had her to a house upon Addle-hill, there she confessed the taking of the things.

Mary Gilbert . I went along with the prosecutrix, and when we returned, the prisoner was gone, and stript her of her all: she is only indicted for stealing the things she now has upon her back. The prisoner had nothing to say for herself. Guilty. 10 d .

[Transportation. See summary.]

44. 45. (L.) Frances Barry and Catharine Clark , were indicted for stealing 12 yards of silk lace, value 5 s. the property of Nicholas Sweeting Richards , Nov. 3 . ++

John King . I am journeyman to Mr Nicholas Sweeting Richards, Haberdasher , at the Ship in Bishopsgate-street ; the two prisoners at the bar came into our shop, I had a mistrust of Barry, by her coming into the shop 4 or 5 times before, and looking at the things, but not buying; Mrs Richards began to serve them, I told mistress somebody wanted her backwards; she went away, and I went to serve them. Barry look'd over the lace-drawer, and bid me 14 d. for a remnant of black, I would not take under 16 d. she had laid a great many pieces by the side of the drawer, I saw her take one piece and put it under a shift which she had in her hand, and went out of the shop. I let them go about 4 or 5 doors, then I went and fetch'd them back, and in searching of them, the piece was found upon Clark. Clark said Barry convey'd it to her in the street.

Barry's defence. I met this woman accidentally in the street; she said she wanted a piece of black lace; I saw it taken from her, I never handed it.

Clark's defence. I sell fruit at the Royal Exchange; Barry came to me to buy an hundred of pippins, she brought me to this shop, under pretence to get a guinea changed; I told her she kept me a great while; she said she would pay me for my time, so she gave me this piece of lace.

James and Ann Savage , and Ann Jordan , who had all known Clark about a year and an half, gave her a good character.

Barry guilty, 4 s. 10 d .

Clark Acquitted .

[Transportation. See summary.]

44. (L.) John Rosell was indicted for stealing one pair of silk hose, value 14 s. one piece of worsted for a waistcoat, value 6 s. the property of Israel Eltington , privately in the warehouse of the said Israel ; Oct. 17 . ++

Israel Eltington. I am a Hosier ; Mr More a Stocking-trimmer, that work'd for me, us'd to send the prisoner sometimes 3 or 4 times a day, to fetch and carry goods ; about the 10th of October, I lost a pair of silk stockings, and on the 17th, I miss'd a double length worsted piece. The prisoner was suspected, and charg'd with taking them, and he own'd he did in my hearing, and that he took the stockings out of my ware-house.

John More . The prisoner was my porter, I was informed the prisoner had delivered a worsted piece short; I, by inquiring, found the prisoner had desired one of my men to dye a piece black for himself: I found it, and tax'd him with it; first he said it belong'd to his Taylor, then he said he'd pay for it; but at last own'd it to be the prosecutor's.

Samuel Jones . I had a warrant to take the prisoner up, which I did on the 5th of November; I heard him confess he took the silk stockings out of Mr Eltington's ware-house, and we found them at his house.

Prisoner's defence. I sent the piece to be dyed black, with intent to carry it home, when I found it was left behind.

He call'd Robert Gray , who had known him a year; Samuel Norman , ten years; Samuel Willey , 14 or 15; and John Newton , ever since he was born; who all spoke well of him.

Guilty. 4 s. 10 d .

[Transportation. See summary.]

45. (L.) Elizabeth Witherington , spinster , was indicted for stealing one shirt, value 5 s. the property of Seth Hawes ; and one shirt, value 5 s. the property of Thomas Glover , Nov. 3 . ++ Guilty. 10 d .

[Transportation. See summary.]

46. (M.) Henry White was indicted for publishing a counterfeit acquittance to a bill for oats, with intent to defraud Joseph Talbot . Sep. 29 . ++

Joseph Talbot . I live at the Swan and two necks, Tothill-street; the prisoner was my servant, I let out a post-chaise to Mr Jenkins, who is since dead; the prisoner was to pay the charge of the horses on the road, he produced to me a bill for 8 bushels of oats, received of John Bond of Hammersmith, producing it. Mr Jenkins had lodgings at Hammersmith, and was often backwards and forwards there.

John Bond . Mr Talbot owes me nothing; all that the prisoner fetch'd away, he paid me ready money for; I did not know who was his master.

Samuel Tucker . The prisoner came to my room in Petty-France, about 4 or 5 months ago, and desired me to write out some accounts between him and his master; he produced several bills, some of them were wore and torn in his pocket; he desired me to write them afresh: he is shewed one, the bill the prisoner is indicted for. I wrote this; he desired me to write the receipt at the bottom of it, which I did.

It is read.

July 28, 57. Paid John Bond for 8 bushels of oats. Recd. of Hen. White the full demand by me John Bond .

158

Hammersmith.

Acquitted .

He was a second time indicted for publishing, as true, a counterfeit receipt to a bill, for five trusses of hay, and for ten of straw; sign'd by the name John Atwood , with intent to defraud Joseph Talbot , Sept. 29 . ++

John Atwood . I live at Hammersmith, am a Maltster and Farmer; the prisoner has been 2 or 3 times at my house, he had 5 trusses of hay of me, I know of nothing else; but I have others of my family could serve him in my absence; a wife and two sons. The hay came to 8 s. 4 d. There is nothing due to me from him or his master.

Acquitted .

47. (L.) William Pechey was indicted for stealing a saddle, value 10 s. the property of Robert Park , Nov. 22 . ++

Thomas Prince . I am servant to Mr Park, at the Axe-Inn in Aldermanbury ; the prisoner us'd to come often to mend our harness.

Mr Bulmore. The prisoner at the bar offer'd this saddle to me to sell, producing one, he brought it on the 18th of November.

Prince. This is Mr Park's saddle.

Bulmore. He ask'd 6 s. for it; I ask'd him where he had it? he said, At the Axe-Inn, Aldermanbury: that he chang'd with the Hostler Prince, for a pair of boots, garters, and spurs. When I was for going there to enquire, he was for sighting me; I stopp'd it.

Prince. I bought a pair of boots, of the prisoner, but the saddle he never had of me; I have not paid him for the boots.

Thomas Williams . I was by when Prince bought the boots of the prisoner, he was to give 4 s. for them, and the prisoner was to trust him some little time.

Mr Park. The saddle belongs to me.

Prisoner's defence. I chang'd my boots, boot-garters, and spurs, with Prince, for this saddle.

He call'd Jonathan Turner and Robert Pierce , who had known him many years, who gave him a good character.

Acquitted .

48, 49. (L.) Robert Bridges was indicted for that he, in company with Andrew Socket , William Gibbs , and John Brinklow , did make an assault on , on the King's highway, putting him in corporal fear and danger of his life, and taking from his person one hat, value 5 s. one pair of shoes, value 2 s. and one pair of silver buckles, value 12 s. the goods of the said George, from his person ; and Gabriel Lazarus , for receiving the buckles, knowing them to have been stolen , Sept. 9 . ++

John Curd . The prisoner, William Gibbs , John Brinklow , Andrew Socket , and myself; went out together to rob, from Chick-Lane, about 11 at night, one day in September; we met with the prosecutor talking to a woman on Ludgate-hill; there one of my company pick'd his pocket of his handkerchief. Then he and the woman went through Ludgate. The woman was with him under the arch way that turns down to Black-Fryars; we followed them, some of our company said she should have part of what we got; then she immediately left him. He walked a little way on, then he turned back again, and down Ludgate-hill, and into Fleet-market : there Bridges knock'd him down with a stick, after which Socket struck him; then one said, Deliver your money. The Gentleman said, for God's sake don't use me ill; Socket took his hat, and his shoes and buckles from his feet, then he ran away; then one of the company ask'd me to hold out his legs while he took his watch; we tried, but could not get it, if he had one. Then we went up a lane that leads into Shoe-lane; there some of them grumbled that we did not take more from him. We went back, there he was sitting on his back-side; we listed him up, and said, What do you sit there for? he looked at us and ran away directly. I have seen him since, he came to me in New-prison, I am sure it was the same. One Ann Fin sold the buckles to the Jew at the bar, and we divided the money.

The prosecutor was call'd but did not appear.

Adam Stowers . I call'd upon the prosecutor this morning, he said he would be here. This evidence Curd, in company with three others, bought a brace of pistols at my house; I deal in pistols, swords, watches, and the like. This was about a fortnight before the witness was apprehended, it was about August or September, I can't be positive to the time.

Q. Was the prisoner one of the three?

Stowers. No, he was not.

Ann Fin was call'd, but did not appear.

Both acquitted .

50. 51. (L.) Edward Mardonock , and Sarah Holland , were indicted on two separate indictments, (and set to the bar together) for willful and corrupt perjury , Oct. 25 . ++

The record of the conviction of Noland read in Court; the Jurors say guilty to be hanged by the neck 'till he is dead.

Thomas Gurney . I took the minutes of the trial of Robert Nolan , otherwise Nowland, last sessions in this Court. He was tried for firing of a pistol at Gustavus Forshohm, on September the 23d, the prosecutor swore it was done betwixt the hours of 8 and 9 in the evening. The prisoner in his defence said he had people in Court to prove that he was in their company, from 7 that evening 'till half an hour after 9. This made me take more notice of the two prisoners now at the bar, expecting I should be called upon to give an account of the evidence they gave at that time. I saw them both sworn: Macdonock was called first; he said, on a Saturday night, or that Saturday (I could not rightly distinguish) Nolan came to pay him some money for keeping his child; that night he gave him 3 s. 6 d. towards the maintenance of it, that they had some beef-stakes for supper, and they parted about 9 o'clock to the best of his knowledge; that there were his wife, and Sarah Holland in the room at the time, and that he lived in Hedge-lane. Then Sarah Holland was called, she swore she was at the house of Macdonock taking care of the children, that the then prisoner Nolan came in, it was on a Saturday night between 6 and 7 o'clock: that they had beef-stakes, butter, onions, and three pots of beer to supper; that she saw Nolan pay Macdonock some money for taking care of his child, and that Nolan went away about half an hour after 9 o'clock: that she went over the way to see what o'clock it was when he went away; it was understood by the Court, that they both meant Saturday the 23d of September, and the Jury desired they might be committed to take their trials for perjury. Nolan asked his landlord, who was next called, if he did not borrow 31 s. of him that Saturday night; but Cranley his landlord said it was not the Saturday, it was on the Friday night, meaning the day before Mr Forshohm was shot.

Gustavus Forshohm. I was shot by Nolan, who is now under sentence of death for it: on the 23d of September betwixt the hours of 8 and 9 in the evening, there were four persons attacked me.

Mary Preston . I am wife to one of the four persons charged with this offence; I saw Nolan with the rest of them at our house about seven o'clock that night, they returned a little before nine, all but Dawson, who was taken and made an evidence: my house is in Glastonbury-Court, Long-Acre.

John Bell . I found a pistol in Hanover-square the next morning.

Macdonnoc's defence. The child was left with me, and Nolan came that Saturday night and paid me 3 s. 6 d. this woman and I had both subpoena's from Nolan to come.

Both Guilty .

[Pillory. See summary.]

[Imprisonment. See summary.]

[Transportation. See summary.]

Robert Nolan otherwise Nowland , and William Green , capitally convicted in October sessions were executed on Monday the 18th of December .

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

Received sentence of death, 2.

Daniel Miller , and Mary Ann Bunny , otherwise Stow. She pleaded her belly, and a jury of matrons were impannelled, and brought in their verdict not Quick.

To be transported 14 years, 1.

Paul Neal .

To be transported 7 years, 21.

Samuel Steadman , Lucy Richards , John Swinton , Edward Dickins , Henry Barton , William Awbrey , John Tanklin , Henry Ashbrook , Francis Barry , John Rosell , Elizabeth Witherington , Matthew Flannigan , James Fish , Rebecca Lee , Thomas Eadon, Ralph Sadler otherwise Cartwright, Mary Fennley , David Innis , Barthalomew Bunny, Mary Lobook, and Elizabeth Lidle .

To be branded, 6.

Thomas Foley , Zechariah Holdford otherwise Alford, Samuel Cordwell, William Brown , Edward Smart , and Sarah Lloyd .

To be whipped. 1.

Catherine Harford .

Elizabeth Jones to be confined in Newgate for one year, and find sureties for her behavour for one year after that.

Edward Macdonock , and Sarah Holland , he to stand in and she on the pillory in Cheapside, on Friday the 15th of December, to be each imprisoned a week, and after that to be transported 7 years.

Robert Nolan otherwise Nowland , and William Green , capitally convicted in October sessions were executed on Monday the 18th of December .

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(The Third Edition corrected)

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

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

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