Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 October 2014), January 1759 (17590117).

Old Bailey Proceedings, 17th January 1759.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON, And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 17th, Thursday the 18th, and Friday the 19th of JANUARY, 1759.

In the Thirty-second Year of His MAJESTY'S Reign. NUMBER II. for the YEAR 1759. Being the Second 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; 1759.

[Price Four-pence.]

THE 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: The Lord Chief Baron PARKER *: The Hon. Mr Justice BATHURST +: Sir J. EARDLEY WILMOT, Knt. || 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.

Henry Godwin

Samuel Meller

Joshua Alvey

Walter West

Francis Prosit

Edward Thornton

John Chasson

Humphry Evans

William Stone

Thomas Price

Joshua Bayzand

John Harrison

Middlesex Jury.

James White

Charles Covey

Thomas Rawlins

Benjamin Powles

Henry Adkins

John Bosworth

James Coates

Silver Crispin

Thomas Bishop

Thomas Taylor

John Salkhill

John Roberts

52. (L) Elizabeth Gray , spinster , was indicted for stealing one gold ring, value 4 s. the property of William Smith , Dec. 12 . ++

William Smith . I am a Goldsmith and live in Cheapside ; on the 12th of December last I was call'd into my shop, where I found the prisoner looking on a gold ring, with the drawer of gold-rings before her. I weighed one, she took it in her hand, and laid it down on the counter and walked out; I immediately missed one. My servant went out and brought her in, and charg'd her with taking a ring; we found a new plain gold-ring on her finger; she return'd it, and said she took it by mistake; she own'd it was my ring, and offered to down on her knees, and said it was the first time she had done such a thing; we took her before the sitting Alderman; there she own'd she took it by mistake.

John Chapman . I am servant to Mr. Smith. The prisoner came into my master's shop, and ask'd for a plain gold-ring; she had tried two on her finger; she kept one in her hand, and gave me the other to weigh; my master weigh'd it by her desire, and told her the price was 7 s. she laid it down and went out of the shop; we missed one; so I went after her and brought her back; and upon my charging her with it, she soon produced it. I know it is my master's property, producing it.

Q. to Prosecutor. Look at it, do you know it?

Prosecutor. I do not swear to it; I have great reason to think it is mine.

Prisoner's defence. I went into the shop and I had two rings of my own on my finger, one a brass one, and the other gold. I had taken my own off and put it in my pocket, and afterwards by mistake, I put that ring on my finger thinking it to be my own.

Q. to Chapman. Did you see ever a ring on her finger when she came into your master's shop?

Chapman. Yes: she had two rings on her finger, which she had and produced after we detected her with this.

Acquitted .

53. (M). Thomas Lewis was indicted for stealing one silver spoon, value 10 s. the property of David Davis , Oct. 20 . ||

Elizabeth Davis . I live in Brook-street , and keep a publick house , my husband's name is David; the prisoner came to live with us on a Saturday night about three months ago; when my husband was gone for his character, the same evening the prisoner made off, and then I missed a silver spoon; the prisoner was taken about 9 days after; I was sent for to the Constable's house; I told him I was come to pay him his wages, and to bring him his hat; he had left his hat; he made but little reply, but look'd dejected; then I charg'd him with taking away a silver spoon; he at first denied it: but he soon confessed he had taken it: but I could not possibly have it again: but his sister should buy me another. He sent for her; she went with me to Mrs Folier's lodgings, one that buys old cloaths; she went with us to Mrs Hambleton in Monmouth-street; I did not see the spoon that night, but after that it was brought before Mr Welch, there I saw it.

Q. Was the prisoner there at that time?

Elizabeth Davis . He was: and saw the spoon produced. I knew it to be my property.

Q. What did the prisoner say?

Eliz. Davis. I ask'd him if that was the spoon he had taken, but I believe he did not know it again; he did not say it was or was not.

Q. Where is the spoon?

Eliz. Davis. Mrs Hambleton has it: she is bound over to appear, but is not come; here are two witnesses which heard him own it at the Constable's house.

John Perry . I am Constable. Mrs Davis came to me about five weeks ago, and described the prisoner; I afterwards took the prisoner upon suspicion; I ask'd him if he ever lived at the King of Prussia by Brooks-market; he said he did not; I ask'd him his name he said Williams; I sent for the prosecutrix; she said that was the man, that she described for me to take; upon being charg'd with taking the spoon he own'd he did take it, and also he own'd the same before Justice Welch; after it was produced by Mrs Hambleton, the prosecutrix brought another to match it.

George Howton . I heard the prisoner own he had taken a spoon from the prosecutrix's house at the Constable's house.

Mrs Hambleton was called, but did not appear.

Prisoner's defence. I know nothing of she spoon.

Guilty .

[Transportation. See summary.]

54. (M.) Sarah Ireland , spinster , was indicted for stealing two linnen table-cloths, value 3 s. two linnen napkins, value 6 d. three silver spoons, value 6 s. one pair of silver tea tongs, value 5 s. the property of Mary Rout , widow ; Oct. 27 . ||

Mary Rout . I live in Dukes-Court, near St Martin's lane , the prisoner lived servant with a lodger of mine; her mistress left the lodgings about seven weeks ago, and did not pay me for her lodgings. I broke open the door, and missed the things mentioned in the indictment; the prisoner had staid one day longer than her mistress; I took the prisoner in custody, in order to find her mistress.

Q. Where did you take her up?

Rout. She came to my house, and brought some of my things that they had pawn'd.

Q. Who pawn'd them?

Rout. I do not know. I had not took up the prisoner, but I was told I should be prosecuted myself if I did not; I believe she would have brought the other things if I had not stopt her, had she known where they were. The goods produced in court.

Mr Trip. The prisoner pledged these things with me as the property of her mother, on the 19th and 27th of October last.

Prisoner's defence. My mistress said they were her own; and as my mother had dealt with Mr Trip, I carried them in her name; and when I found they were the prosecutrix's property, I fetched them as far as my money would go.

Acquitted .

55, 56. (M.) Patrick Conner and William Herbert were indicted, the first for stealing one linnen sheet, value 7 s. one dimity petticoat, value 20 s. one towel, value 6 d. the property of William Cotes , Jan. 2 . and the other for receiving the same, well knowing them to have been stolen . +

William Cotes . I live at Limehouse , am a Master of a ship ; I lost the things mentioned in the indictment on the 2d of January, when my house was on fire. I know Conner was at the house of Herbert on the 3d, being the day after, in the morning. I was going to see about, to find the remains of what were scattered about; one Smith told me he saw a bundle of things carried into Herbert's house; I went and got a warrant from Justice Barry, and went and searched the house, and found a sheet and a towel; there had been my name on the sheet; we could see a name had been picked out, so I can't swear to them. Mrs Herbert told me her husband was gone to pawn a petticoat in Long-Lane, Smithfield, and that Conner had brought a bundle in for him to pawn with that in it; I went in pursuit of Herbert, and found him with the petticoat upon him. It was not quite finished; I am pretty sure it is my wife's property, but she is not in a condition capable to attend the court, so is not here. I lost more wearing apparel, that I have great reason to believe was not consumed in the flames, to a great value.

Samuel Walmsley . I live near Mr Cotes in Shadwell; the Wednesday after the fire was, which was on a Tuesday, Herbert came to my House with a bundle under his arm; he told me he was going to fit some things on a lady at Covent-Garden. He came to tell me I might get work where the fire had been; I am a carpenter and joyner; he desired me to call at his house concerning some money I ow'd him. When I came there, they said the landlord Herbert was gone off with some things stolen from the fire; I said he was at my house; I told them he said if the things got wet (for it rain'd) it would be the ruin of him. I and a constable went back to my house with another man, and found he had left word with my wife he would call again at two o'clock: I went with the constable at the time, and took him at my house with the petticoat; he said he had met the lady in Rosemary-lane, and they had drank two bottles of wine together.

Q. Did you see the things the first time he came to your house?

Walmsley. No, he did not open them. The petticoat produced in court. This I saw taken out of his handkerchief before the Justice.

John Garside . I live in Rose-lane; that night the fire broke out I saw Patrick Conner betwixt eight and nine, about 20 or 30 rood from the fire; the fire broke out between seven and eight o'clock, I was going from the fire; I had been at the fire about an hour.

Q. Did you know Conner at this time?

Garside. I did; and knew he worked at Mr Turner's factory in weaving sail-cloth; he had something white under his arm; I can't say any body was with him that belonged to him.

Q. How far was the place you met him at from Herbert's?

Garside. About ten or twelve doors.

Isaac Taylor . I am the officer; I took Herbert with the bundle under his arm at Walmsley's house; he asked, What had I to say to him? he said he was innocent of any thing I could charge him with: I said nothing to him, only I had a warrant against him, and bid him take care of the bundle not to drop it.

Isaac Cam . I had a warrant brought me to search Herbert's house; we made a diligent search but could find nothing; we were for taking the woman away, the man not being at home. She said, If we would stay, she would shew us something, which she did. A sheet, a towel, and some wrappers. Producing them.

Prosecutor. I was a prisoner in France lately, and I purchased a sheet to use on board the cartel, and I am almost sure this is it.

Cam. The wife of Herbert pointed to Conner, and said he was the man that brought the bundles into her house.

Conner's defence. My fellow-prisoner brought the goods from the fire; I was at his house the next day, and there were he and other people picking the marks out of the things. I ow'd him six shillings; he told me he would acquit me of the debt, if I would not inform against him. I call'd for a pot of purl, and before I had drank it the people came in, and his wife told them I brought the things in there, and they took me.

Herbert's defence. I was drawing beer in my house, between eight and nine o'clock; this other prisoner came in with a bundle of things, and desired me to take care of it 'till the morning; he came in the morning before I got out of my bed, and said he had them things to dispose of. He being debtor to me, I bought them of him. Both acquitted .

60, 61, 62. (M.) William Haynes and John Heath were indicted for stealing 18 pair of worsted stockings, value 40 s. the property of John Eldred , in the shop of the said John ; and Martha, wife of John Goff , for receiving five pair of stockings, part of the said goods, well knowing them to have been stolen , December 21 . *

John Eldred. I am a hatter and hosier ; on the 21st of December my shop was robb'd of 18 pair of stockings, we made no talk of it in the neighbourhood; about a fortnight after, there were three boys taken in robbing a cutler's shop in the Strand, and carried before Justice Welch; one of them, named Turnis, told of many robberies they had committed, amongst them was this of robbing my shop; I at that time was at Bury in Suffolk; my servant went to the Justice, he is here, and will give an account of what he knows about the affair.

John Turnis . I am eighteen years of age, Haynes and Heath at the bar, and I, were going by, the prosecutor's shop-door stood open, and we saw the stockings lying in the window.

Q. When was this?

Turnis. It was, I think, on a Saturday, about five weeks ago, about six o'clock at night. I went in and took out a p arcel, and deliverd them to William Haynes , and he gave them to Heath. Then I went in a second time, and brought out another parcel, there were eighteen pair of stockings in all, we carried them to my mother's room, she was out at work.

Q. What is her name?

Turnis. Her name is Mary Potter , there we divided them, and they each gave me a pair, because I went in for them. After that I sold five pair of them to Mrs Goff, the other prisoner, for five shillings, the same night, and I have one pair on my legs now.

Joseph Collins . I am servant to the prosecutor; I bought the stockings, that were taken away, for my master; they were missing on the evening of the 21st of December last.

Q. Have you seen any of them since?

Collins. I have, five pair.

Q. What are they worth?

Collins. There are different prices: the lowest cost 2 s 3 d.

John Blyth . I was at Mr Welch's; the evidence said he sold these stockings in Fee-lane; the Justice desired me to go there; I went and asked the woman at the bar to see a pair of stockings, she said she had none that would fit me: then I said she must go along with me to Mr Welch. She keeps a shop. I asked her for the stockings she bought of the evidence, he was with me; she said she did not remember she ever saw him before; but presently went up stairs and brought me down five pair, the same that have been produced here.

Q. What did she say when she delivered them?

Blyth. She said they were the stockings she had.

The two boys said nothing in their defence.

Goff's defence. To the best of my knowledge I never saw that boy (meaning Turnis) before in my life.

For Heath.

John Heath . I am Father to the prisoner Heath; he always behaved well where he has liv'd.

James Wood . I have known Heath ever since he was born; I never heard any thing ill of him before this.

Joseph Jones : I have known Heath about II years.

Q. What is his general character?

Jones. He bears a very good character.

Sarah Mason . I have known him 12 years, I never knew any harm of him.

For Goff.

Richard Peacock . I am a perriwig-maker; I have known her ten years; her husband is a serjeant in the guards; she did keep a publick-house, and after that she lived in Ratcliff-highway; she always behaved well.

John Rumart . I have known her almost 30 years.

Q. What is her general character?

Rumart. She always had a very good one; she sells old cloaths.

Q. How long has she been in that way?

Rumart. I cannot tell.

Q. How long is it since she kept a publick-house ?

Rumart. I do not know. Her husband is a recruiting serjeant.

William Isaac . I have known her almost seven years; I always heard a very honest character of her. She came from Ratcliff-highway about three months ago; she now keeps a shop in Fee-lane.

Q. Did she keep a publick-house in Ratcliff-highway ?

Isaac. No, she did not. She sold apples and such things there; she is a very industrious woman.

William Eclan . I have known her about a year and a quarter, when she liv'd in Ratcliff-highway.

Q. Have you known her since she came from thence?

Eclan. No, I have not: she had the character of a sober woman.

Giles Rideout . I have known her seven years, she is a very honest pains-taking woman; she kept a publick-house in Christopher's-Alley, Morefields. I knew her in Fee-lane.

Q. Did you know her in Ratcliff-highway?

Rideout. No, I did not know that she went there; I believe her to be very honest woman.

Leanora Whiting. I have known her about three years.

Q. What is her general character?

Whiting. She has traded for a great deal of money, and lived in credit; she is a woman of good character, I take her to be a very honest woman.

Elizabeth Stow . I have known her 27 or 28 years; she is a very honest industrious woman as ever lived upon earth. I believe, if she had known that these things were dishonestly come by, she would not have let them come into her house.

Michael Bilson . I have known her seven years; she always bore a very good character for an industrious woman.

Haynes and Heath guilty, 4 s. 10 d .

Goff guilty .

[Transportation. See summary.]

63, 64, 65. (M.) William Haynes and John Heath were a second time indicted, for stealing one silk cloak, value 10 s. one dimity vest, value 3 s. and one bed-gown, value 2 s. the goods of Jer Wardley : and Elizabeth Wills , for receiving the same, well knowing them to have been stolen , Dec. 16 . *

Jer. Wardley. I buy and sell these sort of things , (producing the goods mentioned in the indictment) and I lost the same quantity of goods, on the 20th of December; I found these in the house of the prisoner Wills last Monday was seven-night, but I don't swear to them; they have no particular marks on them, but to the best of my judgment they are mine. The evidence Turnis was with me when I found them; he said he sold the cloak to her, and she produced them all.

John Turnis . Haynes, Heath, and I were going through the Alley where the prosecutor lives; we lifted up his sash, and I took out the cardinal or cloak, and gave it to Heath; after that, I took out a white robe, and gave that to Heath; then I took out a child's linnen gown and a shirt; then we went to the prisoner Wills's house, and I asked her a crown for the cardinal; she bid me half a crown: then came in a man; so we went out, because he should not know what we came upon. When went in again, she would give me but 2 s. so I let her have it. After that, I sent in the other things by William Haynes , and told him, if she would not give any thing for them, to give them to her. He carried them, and came back and said she would not give any thing for them, so he had given them to her.

Cross Examination.

Q. Should you know the cardinal again?

Turnis. No, I should know the children's things; a child had worn the little gown, and it was dirty.

Q. Did you ever sell the woman any thing before?

Turnis. Yes, once I sold her a little colour'd handkerchief for a groat, that we got in Newgate-street.

Q. to prosecutor. Look at the cardinal or cloak, what is the value of it?

Prosecutor. It is well worth half a guinea.

Will's defence. This cardinal is not what I bought; I never saw that evidence Turnis in my life. Haynes us'd to come to my shop for bread and cheese, and small-beer; he once came and brought an old cardinal and these child's things, and said his father and mother were sick, and begg'd for 3 s. on them, which I let him have. I gave that cardinal to a poor woman that was going to Portsmouth to wrap a child in; it was piec'd and patch'd.

Turnis. She own'd to the constable that she bought the cardinal of me, and she produced them all together; I was by at the time.

Prosecutor. I was there at the time; as soon as the constable went in and told her what he wanted, she produced them directly.

Elizabeth Pownell . I have known her about a year and a half; I always took her to be an exceeding industrious woman. She keeps a chandler's shop, and sells greens, I never heard any body speak amiss of her.

Q. Where did she live?

Pownell. She liv'd in Great Earl-street by the Seven-dials.

James Gordon . I have known her about eight years; I knew her when she was servant to Captain William Gordon , who is now at Hallifax; she bears the character of an honest woman. I really think she would not be guilty of buying goods knowing them to have been stolen.

All three guilty .

[Transportation. See summary.]

66. (M) Thomas Gardner was indicted for stealing one bell-mettle mortar, value 5 s. the property of James Graham , Nov. 28 . +

Francis Perryham . I live with Mr James Graham , an Apothecary : about the 28th of November, we lost a bell-mettle mortar out of our shop; it was advertised the 13th of December; I went to Justice Welch, there I found it. Produced in Court. It is the property of my master.

Thomas Wright . I am a Smith: a person offered me this mortar to fall; I stopp'd the man that brought it; I stopp'd him 'till he produced the prisoner; then the prisoner said, he found it in Windmill-street; he did not offer to run away.

Prisoner's defence. I was going home, and found this mortar, as I was going to make water I kick'd it with my toe; then I kept it about month to see if it was advertised; it was not; then I sent that man to sell it for me. Acquitted .

67. (M.) John Casey was indicted for stealing one glass-bottle filled with mushrooms; two glass-bottles filled with onions; and five blacking balls , the property of Edward Kitchen , Jan. 2 . +

Michael Dean . I live with Mr Kitchen, an Oyl-man in St John's-street ; we lost the things mentioned out of our window, on the 2d of January. The goods produced. They are my master's property. A boy brought them to me, and said, he found them hid in Charterhouse-lane; Samuel Price own'd he and the prisoner took them.

Samuel Price . I am fifteen years of age last St Stephen's day; the prisoner, I, and Tom Bates , were coming by this oyl-shop; I cut the two bottle-strings, and we took and carried them away; and was going a second time for more, and Dean took hold of us, and secured us; we took some blacking balls at the same time.

Prisoner's defence. I never touched the bottles, and know nothing of them.

Acquitted .

68, 69. (M.) Eleanor, wife of Lawrence Dayland , and Eleanor Crouch , were indicted, the first for stealing one silver watch, value 38 s. and one pair of silver buttons, value 1 s. the goods of Barnaby Foy ; and the other for receiving the watch, knowing it to have been stolen , Dec. 21 . ++

Barnaby Foy . I am a Bricklayer's labourer ; when I came home from my work, my wife was crying; she told me her house had been robb'd of my watch, and pair of buttons; the staple of the door was knocked out.

Q. Where was your watch and buttons?

Foy. The watch was taken off a place where it used to hang, and the buttons from out of a drawer; I knew Dayland before; my wife knowing the number of my watch, went to the Pawn-broker's to inquire for it; she found that at Mr Murphy's house; Dayland own'd she took them, for we suspected her; she was seen to go up the stairs where we lodge. Before the Justice of Peace, she own'd she took the watch and gave it to Crouch to pawn.

Mr Murphy. Crouch brought this watch to me; and after that the prosecutor's wife came said she had lost a watch with the same name and number; then I had her taken up; Dayland brought the buttons; Crouch was angry with Dayland, and said, How could you give me a watch that was stole; Dayland confess'd she stole it.

Q. Did it appear to you that Crouch was innocent?

Murphy. To me it did: for Dayland said nothing in answer to her question: but at last confess'd she did steal it. The watch produced in Court and deposed to by prosecutor.

Dayland's defence. The prosecutor's wife lent me the watch unknown to her husband.

Q. to Prosecutor's wife. Did you lend Dayland this watch?

Answer. No: I did not upon my oath.

Crouch's defence. Dayland brought the watch to me, and said, a friend of her's desired she would get it pawn'd for some money; and I took it, and pawn'd it to that gentleman.

Dayland guilty .

Crouch acquitted .

[Transportation. See summary.]

70. Thomas Broadhead was indicted for stealing one silver mug, value 20 s. one silver table spoon, value 10 s. five silver tea-spoons, value 5 s. one pair of silver tea-tongs, two tin canisters, and one wooden tea-chest , the property of Paul Hardy , Dec. 26 .

To which he pleaded guilty .

[Transportation. See summary.]

71. (L.) Sarah Young , otherwise Cayton , spinster , was indicted, for that she, together with Richard Pousam , otherwise Spencer, since executed, and Mary Bulger , unknown to the Jury, in a certain Alley and open place near the King's high-way, on Edward Hart , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one silver watch, value 50 s. one linnen handkerchief, value 3 d. and three-pence in money, his property , July 29 . ++

Edward Hart . I was coming from Fleet-market, I met Mary Bulger , and the prisoner at the bar, about half an hour after nine o'clock; I inquired my way for St John's-street; they directed me down a place, called Thatch'd-alley ; I went about half way down the Alley, I saw only a parcel of old houses; I thought it was not my way, and was going to turn back; coming back I met with Mary Bulger and the prisoner at the bar; Bulger laid hold on me, and began to beat my pockets; I said what do you want with me; do you want to rob me; she asked me to go along with her; I said I know nothing of you; I want to go home, and home I'll go. I went to clear my way; they laid hold on me and d - d my eyes and limbs; I struck Mary Bulger and made her reel; she gave a sort of a squeal; then two men came up, Spencer, since executed, was one, he said d - n your eyes a parcel of whores and rogues, what are you doing here; Bulger said what is that to you.

Q. How near to you was the woman at the bar, when Spencer struck you?

E. Hart. She was about six yards from me: he knock'd me so, that I was upon my hands; I got up again, and Mary Bulger came up to me, and laid hold on me directly, and the woman at the bar had hold on me, when Bulger took my watch out of my pocket.

Q. What part of you had she hold on?

E. Hart. She had hold on my coat.

Q. Was you sober?

E. Hart. I was as sober as I am now this minute.

Q. Which side of you stood the prisoner?

E. Hart. She had hold of some part of the right side of me.

Q. Did she hold you so as to prevent your giving yourself any assistance?

E. Hart. She and Richard Spencer together did.

Q. Have you any reason to think that the prisoner knew that Bulger was taking your watch?

E. Hart. There was not a word said of the watch; when she was taking it out, I cried murder once; I was going to cry out again, and Spencer clapp'd his hand to my mouth and prevented me; the prisoner did not let me go 'till after the watch was taken from me.

Q. Had she hold of you when you cried murder?

E. Hart. She had: they let me go when Mary Hawkins came up; she is an evidence here, she came with a candle in her hand; then they all made off directly, and left me all in a gore blood.

Q. Are you sure the woman at the bar is one of the persons, that had hold of you when you lost your watch ?

E. Hart. I am:

Q. How was she dressed?

E. Hart. She had a very good brown camblet gown on, and very good hat.

Q. Was it light or dark?

E. Hart. It was duskish, but I could see them by the light of a lamp.

Mary Hawkins . I was going along with a quantity of pease in my hand, and I met the prisoner; she said, B - st your eyes! D - n your eyes! what are you doing so long? to Mary Bulger .

Q. Where was this?

Hawkins. This was in the alley where the robbery was committed.

Q. Was that at your first seeing her?

Hawkins. It was when she was coming round at the corner of some old houses, and Bulger and the prosecutor were standing at the wall together.

Q. Did Bulger make her any answer?

Hawkins. Bulger said to her, Blast my eyes! I don't know what I am doing, for he has got a comical c - k, and will not let me feel; then Dick Spencer knock'd the prosecutor down directly.

Q. Where was the prisoner then?

Hawkins. She was there; just as Bulger spoke the words, Dick Spencer came up and knock'd the man down. I was very glad to get away: then I got a light, and when I came up with it, they ran thro' the ruinated alley; there I found the prosecutor with his mouth all bloody, and very much swelled, and I carried him to a house.

Prisoner's defence. I know nothing of what they charge me with.

Q. to prosecutor. Hawkins says, when she came up, there were none but you and Bulger together.

Prosecutor. I was going along that place, and and the prisoner and Bulger were coming one at the back of the other; the alley is not wide enough for two to go a-brest; they were both together at that time.

Q. Do you mean when you was going back again to go out of the alley?

Prosecutor. Yes, I do.

For the Prisoner.

Jane Harris . I have known Mary Hawkins about twelve years, she lives in that alley: last sessions I was in the Queen's-head cellar here in the Old-Bailey, there were the prosecutor and Hawkins: I knowing her, the prosecutor said to me, Good woman, will you drink? I did; they had two full pots of beer; he said, I had not troubled myself with this affair, but the Thief-catchers followed me, and said, if I would not prosecute the woman, she would prosecute me; and Mary Hawkins said, I would not have troubled myself about it; but now at last, they have catch'd me.

Q. How do you get your living?

Harris. I go a cindering for my bread.

Q. Do you know the prisoner?

Harris. I do, and have some time, but don't know what is her business.

Mary Brown . I live in Thatch'd-alley, I have known Mary Hawkins two years; I have heard her say she did not want to hurt the prisoner, for she was innocent, and was not high the man when he was robb'd; and if she was taken up, it would be upon the accout of the Thief-catchers. When I heard the Sessions-paper read, Hawkins was there, and said she knew neither man, woman, nor child, was near him, but Bulger and Spencer.

Q. What is Mary Hawkins? what is her character?

Harris. Her husband is a coal-heaver, he has had many wives, and she as many husbands (as they call them); I have nothing to say to her character.

Elizabeth Clark . The prisoner has lived by me these two years, I never saw any ill by her.

Q. What is her general character?

Clark. I never heard any thing ill of her; she is a very honest woman, and gets her living by buying and selling of old cloaths.

Sir William Moreton , in summing up the evidence of the Prosecutor and Mary Hawkins , observed, wherein they agreed and disagreed with the accounts they gave on the trial of Spencer and Bulger, by referring to his minutes taken on that tryal *. Acquitted .

* See No. 294. in Sir Charles Asgill 's Mayoralty.

72. Sibilla, wife of John Cawhow , was indicted for stealing two linnen gowns, value 10 s. two linnen petticoats, value 6 s. four linnen shifts, one pair of ruffles, one linnen handkerchief, and one pair of linnen pockets , the property of Joseph Wood , Aug. 1 .

The prosecutor did not appear. Acquitted .

73. Thomas Ward was indicted for stealing one leaden pump, value 5 s. the property of John Rogers Burton , Esq; and John Swanson , Gent . May 1 .

No evidence appeared.

Acquitted .

74. Thomas Meridith was indicted, for that he unlawfuly, knowingly, and designedly, did obtain from Thomas Strudwick one shilling, the property of Thomas Lewis ; and of William Stebs , one other shilling; and from other people, several sums of money, by false pretences . No evidence appeared. Acquitted .

75. (M.) Elizabeth Pindar , spinster , was indicted for stealing five dressing-glasses, value 25 s. two blankets, value 10 s. one copper pan, value 2 s. and one pair of bellows, value 1 s. the goods of Thomas Dobyns , January 16 . ++

Thomas Dobyns . I am an Upholsterer , and live in George-street, near Hanover-square ; I employed the prisoner as a chair-woman , and sometimes she worked in the shop . I missed several things, and I set one to watch the rest of my servants, and he catched the prisoner with a looking-glass concealed between her legs; then I charged her with taking the other things, and she confessed taking the things mentioned.

John Mason . I am book-keeper to Mr Dobyns; we had suspicion of some persons stealing things out of our house; there was a house belonging to Mr Knight to be air'd, and goods carried in: I sent the prisoner to air the house; she was going out, I saw something stick out under her cloaths; I searched and found it to be a looking-glass, (producing it) we had miss'd several things out of the house.

Alexander Mackenzie . I live in Oxford-road I am a pawnbroker; the prisoner pawn'd three looking-glasses with me, a baking pan, and a pair of bellows. Produced in court, and deposed to by the prosecutor.

The prisoner did not say any thing in her defence.

Guilty .

[Transportation. See summary.]

76. (M.) Hannah Willers , spinster , was indicted for stealing one metal watch, value 10 s, one pair of leather breeches, value 1 s. three guineas, and one half guinea , the property of James Gaston , Jan. 1 . ++

James Gaston . I am a Smith , I was in bed in a room where were three beds; a soldier and his wife lay in one, and the prisoner in another; I was robb'd on the Sunday-night; then only the prisoner and I lay in the room, she in her bed and I in mine.

Q. Was you sober when you went to bed?

Gaston. I was.

Q. What did you lose?

Gaston. When I went to bed, I had three guineas and a half in my purse, and a watch with a black shagreen case; these were all in my breeches, which I laid under my head, and in the morning, breeches and all were gone.

Q. What reason have you for charging the prisoner with taking them?

Gaston. There was nobody in the room but she; I took her before a Justice of the peace, and she denied having taken them.

Q. What time did you awake in the morning?

Gaston. I was awake at twelve o'clock in the night, and heard the watch going under my head; she call'd to me at four o'clock, and said the soldier and his wife were not come to bed; then I fell asleep, and slept 'till near seven o'clock, then I miss'd the things, and she was gone.

Q. Have you ever met with any of your things again?

Gaston. I had the watch again.

Q. Where is it?

Gaston. I was obliged to dispose of it.

Q. Where did you find it?

Gaston. Her husband, as she calls him, is in the Marshalsea-prison, and a person that lives near More-fields, delivered it to me; he said, he had it not from the prisoner, but he had it from her husband, or another man from the Marshalsea-prison.

Q. Where is that man that delivered it to you?

Gaston. He is not here: I had also my breeches return'd me by a prisoner in the Marshalsea-prison.

Prisoner's defence. The room had never a lock to it, it was a common lodging-house, and several people lay in the next room. I am falsely accused.

Acquitted .

77. (L.) Francis Maginnis was indicted for stealing one pair of silver shoe buckles, value 5 s. the property of Samuel Harrison , Dec. 1 . +

Samuel Harrison . I lodge in Bride-lane , at Mr Weldey's; I lost a pair of silver buckles from out of my bed-room, about a month ago.

Q. Why do you charge the prisoner?

Harrison. He was my bed-fellow; I suspected him and took him before Justice Welch; he confessed he had stole them, and had pawn'd them at Mr Browne's, a Pawn-broker on Snow-hill; where I went and found them; the prisoner said he did design to bring me them again.

Q. Did you give him leave to pawn them?

Harrison. No: I did not.

Frank Rochford . I am an apprentice to Mr Browne, a Pawn-broker on Snow-hill. He produced a pair of silver buckles. These were pawn'd with us in the name of Francis Maginnis , but I can't swear to the man at the bar.

Q. to Prosecutor. Look at the buckles?

Prosecutor. I can't swear to them: there is no particular mark upon them; they are the same pattern of mine.

Q. How long had you had your's?

Harrison. About half a year?

Q. Did the prisoner acknowledge he took the buckles?

Harrison. He own'd he took my buckles and pawn'd them there for five shillings.

Q. to Rochford. Did you take them in?

Rochford. I did not take them in: but he came a second time; he having had three shillings at first, and the second time he wanted two shillings more, and I let him have that.

Q. Can't you recollect the man again by seeing him at that time?

Rochford. It is so long ago that I cannot: and I saw him but that time.

Prisoner's defence. Here are some gentlemen that will give me a character.

For the prisoner.

William Tyre . I have known the prisoner upwards of two years, and have work'd where he did very near that time.

Q. What is his general character?

Tyre. I never heard any thing of him but what was upright, that of a sober young man; I know the prosecutor also; I believe he was the first person that brought him into company in drinking, he served his time in the city.

John Waters . I am a Cabinet-maker , so is the prisoner; he and the prosecutor work'd and lay together.

Q. How long have you known the prisoner?

Waters. I have known him about three quarters of a year.

Q. What is his general character?

Waters. I never heard any thing ill of him 'till this affair; he is a very civil well-behav'd young man; the prosecutor said to me the prisoner had taken the buckles a month before he took him up; I ask'd him why he did not take him up sooner; he said because he promised to pay him for them.

Acquitted .

78. (L.) Jane, wife of William Dutton was indicted for stealing one linnen shirt, value 3 s. 6 d. the property of Joseph Beck , Dec. 30 . ||

Joseph Beck . I live in Aldersgate-street , and am master of the Work-house ; the prisoner is one of our poor in the house; we had two hundred shirts in the committee-room, that we make for the army.

Q. Whose property are they?

Beck. I am in charge of them, the prisoner took one of the shirts.

Q. How do you know that?

Beck. She own'd to me that she took it and carried it to a Pawn-broker in Golden-lane, and he would not take it in; then she went to Red-Lion-Market, White-Cross-street, and pawn'd it for two shillings; there I went and found it; I took her before the sitting Alderman; there she said the same; we have threepence a piece for making the shirts, and the Church-Warden allows the person that makes them a penny for each shirt.

Amy Holeman . The prisoner and I were going out in the morning, in order to go to work, (we go out to daily labour, and go to the Work-house to lie) she went back and I followed her; she went into the committee-room; I said to her what business have you there; she said, I have got nothing; I saw her put something into her pocket; she pull'd it out when she got on the out side of the gate; then I saw it was a new shirt; the shirt produced.

Q. Look at this shirt?

Amy Holeman . (She takes it in her hand) here is the letter S upon it, near the collar, which Mr Beck put on it; pointing to it.

Q. When did he put that letter on it?

Amy Holeman . When he fetched it from the Pawn-broker's: I heard her own she took it before Mr Beck went for it to the Pawn-broker's.

Prisoner's defence. That witness saw me take it, and went with me to the Pawn-broker's, and had part of the money.

Guilty .

[Transportation. See summary.]

79. (L.) Sarah Garland was indicted for stealing eight pounds and a half of beef , the property of Robert Leake , Jan. 3 . ||

Mary Leake . My husband's name is Robert, he is a Butcher ; we keep a shop in the New-Market . I was standing opposite my shop, and saw the prisoner throw her cloak over something and take it away.

Q. What time of the day was this?

Mary Leake . This was between 7 and 8 at night: I went and laid hold on her, and she struck at me, and let the meat fall to the ground; I made her stoop for it and take it up; it was a piece of the thin-flank.

The prisoner did not say any thing in her defence.

Guilty 10 d .

[Transportation. See summary.]

80. (M.) Charles Drudge was indicted, for that he, on the king's high way, on Ann, wife of Thomas Webb , did make an assault, putting her in corporal fear and danger of her life, and taking from her person 4 s. 6 d. in money numbered, the money of her said husband , Dec. 14 . +

Ann Webb . My husband's name is Thomas Webb , on the 14th of last month, about half an hour after seven o'clock at night; I was going home to my house in Oxford Road; the prisoner met me and knock'd me down.

Q. Did he say any thing to you first?

Ann Webb . No: he took from me my pocket and 4 s. 6 d. in it.

Q. What did he knock you down with?

Ann Webb . With his fist.

Q. Did he say any thing to you afterwards?

Ann Webb . No: he did not.

Q. Was you stunned with the blow?

Ann Webb . No: I was not.

Q. Did you know him before?

Ann Webb . I did.

Q. Was it light or dark?

Ann Webb . It was a very dark night.

Q. How came you to know it to be the prisoner?

Ann Webb . Because I knew him before, and I really believe him to be the man.

Q. Was there a lamp near?

Ann Webb . No: there was not.

Q. What cloaths had he on?

Ann Webb . The same as now ( the prisoner was a soldier in his regimentals).

Q. Had you seen him before on that day?

Ann Webb . No: I had not.

Q. As it was dark, How could you see him so as to know him?

Ann Webb . There are a great many faces one like another, but I believe he is the man.

Q. Did you take him before a Justice of the Peace?

Ann Webb . I did.

Q. What did he say for himself ?

Ann Webb . He said nothing at all?

Q. Did you ever find your pocket since ?

Ann Webb . No: I have not.

Q. Did the prisoner at any time own that he took your things?

Ann Webb . No:

Q. By what can you tell it to be the prisoner, there are many people with red cloaths?

Ann Webb . So there is.

Q. Did he speak to you at all?

Ann Webb . No: he did not open his mouth to speak to me.

Q. Had he a hat on?

Ann Webb . He had: it was a laced hat.

Q. Was it cock'd or flapp'd ?

Ann Webb . I can't tell.

Q. Why do you believe it was the prisoner?

Ann Webb . Because I really think he is the man?

Q. Did you see his face?

Ann Webb . I did?

Q. How long have you known him?

Ann Webb . I have known him about three years.

Q. Do you keep a publick-house?

Ann Webb . No.

Q. Do you think he knew you?

Ann Webb . I don't know whether he did or not in the dark.

Acquitted .

81. (L.) Catherine Ascue , widow , was indicted for stealing 16 yards of shalloon, value 20 s. the property of John Thorn , privately in the shop of the said John , Dec. 16 . +

John Thorn . I live in Cloth-fair .

Q. What is your business?

Thorn. I am a trimming seller ; on the 15th of December, betwixt four and five in the afternoon, I was in my shop, but did not see the fact done; there was a pile of shalloons on the counter, and the piece that was lost was the uppermost piece of sixteen yards.

John Green. I am servent to Mr Thomas Smith , a Mercer, opposite the prosecutor; I saw the prisoner at the bar come out of Mr Thorn's shop with this piece of shalloon, which she dropp'd at the door; produced in court: which I suppose was by pulling the door after her too hastily.

Q. How do you know it to be this piece?

Green. I know it by the dirt on the paper it is wrapped in: and also by dirt on the end of the piece; she took it up and ran directly away; I went and ask'd Mr Thorn if he had sold her a piece of shalloon; he said no: then I informed him what I had seen; he and I followed her into Smithfield; he overtook her; she turned about directly, and said she had nothing of his; at which time I saw her drop it again behind her; Mr Thorn went and took it; then the prisoner was very much confused.

Q. to Prosecutor. Is this your property?

Prosecutor. It is.

Prisoner's defence. I never saw the piece in the shop; there was another woman there buying of buttons; when she came out, she dropp'd the piece and I pick'd it up.

Q. to Prosecutor. Was there another woman in your shop, when the prisoner was there ?

Prosecutor. No: none but my wife behind the counter; she was serving a boy.

Q. to Green. Did another woman come out of the prosecutor's shop, at that time the prisoner speaks of?

Green. No: there was not.

Q. to Prosecutor. Was there another woman in the shop when the prisoner went out?

Prosecutor. No: there was not.

Prisoner. I have been but a fortnight in this part of the world.

Guilty 4 s. 10 d .

[Transportation. See summary.]

82. (M.) Mary, wife of John Laws was indicted for stealing one linnen sheet, value 2 s. the property of Thomas Martin , Dec. 26 . ||

Thomas Martin . I live in Grub-street ; I am a Victualler ; on the 26th of December, about eleven at night, I went to bed; I had not been there much above a minute, but my wife came and told me the maid had found a woman's shoe in the Club-room, and that she missed a sheet; I bid her take care of the shoe and say nothing about it, and I would see about it on the morrow; she told me she thought the prisoner was the person, for she saw her come down stairs.

Q. Was she a servant to you?

Martin. No: she was not, she was a customer to us.

Q. What is she?

Martin. Her husband is a shoe-maker; she came in the next day, my wife ask'd her what she went up stairs for; she said she was not up stairs; I ask'd her to let me look at her foot; I did and saw she had one shoe with a string in it, and the other with a buckle; I said I believe I can match the shoe with such a buckle in it; I found the buckle in the shoe found in the Club-room, matched the buckle she had on; and the two sho es matched also; then I told her I had lost a sheet, and she had better tell me where it was, or I should send her to Bridewell; she acknowledged she took the sheet, and had pawn'd it for two shillings, and had not money enough to fetch it out; I kept her in my kitchen; the next day her husband and sister came and said, they were very sorry this should happen; but one of them said if I would be favourable to her, one of them would be a shilling towards fetching the sheet again; I made them no promise; but said, if they would fetch it again they might; as far as I could find the prisoner never knew where it was pawn'd, for she sent another woman to pawn it; she was committed, and in three days after her husband came and brought the sheet to me; produced in court.

Elizabeth Martin . I am wife to the prosecutor. I saw the prisoner come down our stairs that night between ten and eleven o'clock; she had use to come to our house.

Q. Did she use to visit any people above stairs?

Eliz. Martin. No: my maid was going to bed; she came down and told me there was a sheet taken from off her bed; the night after the prisoner came to our house; I ask'd her what she was doing up stairs the night before; she said she had not been up; I said she had, and had left a shoe behind her; we looked and found she had got two odd shoes on; one of them and the buckle, were fellows to that and the buckle that was left in our Club-room; then she own'd she had taken and pawn'd the sheet, but would not say where; but said she had given it to an aunt to pawn.

Q. Look at this sheet ?

Eliz. Martin. This is the sheet that was brought by the prisoner's husband; here is no mark upon it; I can't swear that it is the same that I lost.

Mary Swanston . I was in the prosecutor's kitchen when the prisoner was charged with taking the sheet; she would not confess a good while, but at last I heard her confess she took it, and gave it to her aunt to pawn; I was also by before the Justice and heard her confess the same there.

The prisoner did not say any thing in her defence.

Guilty .

[Transportation. See summary.]

83, 84, 85. (M.) Ann Kelly , otherwise Hailey , spinster , Lucy Holland , spinster , and James Willis , were indicted for stealing one pair of stockings, value 1 s. one lawn handkerchief, value 1 s. 2 silk and cotton handkerchiefs, value 2 s. the property of Martha Cooper , January 3 . ++

Martha Cooper . I am a servant ; I begg'd leave of my mistress to go out to buy some things that I wanted to wear. I had 2 pair of stockings, a lawn handkerchief, and 2 silk and cotton handkerchiefs, in a bundle. I was in a shop looking at some flannel; the man said, I could not look at it with that bundle in my hand, and he took it and laid it down at the end of the counter; I told him I could not afford to give him the price he ask'd for the flannel; and when I came to look for the bundle it was gone, I cry'd and was very uneasy.

Q. Where was this?

Cooper. At a shop in Cranbourn-alley ; soon after the things were found upon these three children at the bar; one Mr Dod had taken them up.

Q. Where did you see them?

Cooper. I saw them before Justice Welch.

Robert Hull . Ann Kelly brought and pledg'd this handkerchief with me. (Producing a silk and cotton one.)

Q. to Prosecutrix. Look at that handkerchief?

Prosecutrix. It is my handkerchief.

The constable produced another silk and cotton handkerchief. This I had from a pawnbroker in the Hay-market, I really don't know his name, a girl went with me to the house for it.

Q. Was it the prisoner?

Constable. No: it was another girl; the goods where all produced before the justice; the boy own'd he went into the shop, and took away the bundle from off the counter, and brought it out to Holland; she said he did not; he said she sent him in for it.

Prosecutrix. I heard the girls own that they divided the money they made of the things amongst them; one pair of the stockings were found in Kelly's lodging.

The constable said the same.

Kelly's defence. James Willis gave me a pair of stockings and a handkerchief; I pawn'd the the handkerchief and kept the stockings; his mother says he is ten years old.

Holland's defence. This boy (meaning Willis) had got a pair of stockings, he desired Poll Taylor to pawn them, and he said would give her a pretty ribbon; I never saw any thing else but that.

Willis, Guilty . Kelly and Holland, Acquitted .

[Transportation. See summary.]

86. (M.) Elizabeth England , spinster , was indicted for stealing one feather-bed, value 14 s. one blanket, value 1 s. and one linnen sheet, value 10 d. the property of James Murray , the same being in a certain lodging-room let by contract, &c . December 29 . ++

James Murray . My wife let a room ready furnished to the prisoner at the bar, as a single woman; the goods mentioned in the indictment were in the room.

Q. Where is your wife?

Murray. She lyes-in, and can't attend.

Q. Was you present when your wife let the room?

Murray. I was not: the prisoner own'd before Justice Welch to the taking the feather-bed, blanket, and sheet, from my house, and deliver'd them to a woman to pawn; and mention'd where the Justice might send to the pawnbroker's house for them; the bed and blanket were brought; she own'd they were part of the furniture of the room.

Q. Is the pawnbroker here?

Murray. No: he is not.

Q. Where is the sheet?

Murray. The pawnbroker has it.

Q. What is his name?

Murray. His name his Herring.

The constable. Mr. Herring said he did not take it in; but his wife owned she did; I desired her to come with me to Justice Welch; she did not come; I went back for her after about an hour's time; then she said her husband was gone to the Justice; but he did not come; then I went with a search-warrant; then the bed and sheet were produced; the prisoner said she wanted money to pay her landlady for rent, and she did intend to put them in their places again when her money came up out of the country.

Q. to Prosecutor. Was you at the hearing of this ?

Prosecutor. I was not at the Justice's at the time he speaks off.

Prisoner's defence. I could not get any thing to do; I expected a little money out of the country, and it did not come up as usual; so I was obliged to take these things out to pawn, or I had been turned out of my lodgings.

Q. to prosecutor. Why did you not bring the Pawnbroker's wife?

Prosecutor. She was with me at Hicks's-hall, and she said there would be no trial here today; and she would not come here.

Guilty .

[Transportation. See summary.]

87. (M.) Samuel Greenhow was indicted for stealing one pair of silver buckles, value 4 s. one thread stocking, value 4 d. the goods of Anne Sophia Carter , spinster ; and one thread stocking. value 4 d. the property of Rebecca Holding , spinster ; Jan. 14 . ++

Anne Sophia Carter . I lost a pair of silver buckles.

Q. From where?

Carter. They were taken out of my shoes when I was asleep.

Q. How can you tell that? who was with you?

Cartr. My cousin Rebecca Holding ; and she was asleep likewise.

Q. Why do you charge the prisoner?

Carter. Because he was in the room at the time.

Q. How can you tell who was in the room when you was asleep?

Carter. The boy was in the room, and he was awake.

Q. Where is the boy?

Carter. I was told there would be no occasion for him to come.

Q. Do you think two people that were asleep at the time the fact was committed, could give a better account of it than one that was awake?

Carter. I do not know for that; the boy said he saw the prisoner take the buckles out of my shoes, and they were afterwards found in the prisoner's bed.

Q. What did the prisoner say for himself ?

Carter. He said he did not intend to keep them.

Rebecca Holding . I was asleep in the room at the time these things were taken; the prisoner came in at our back-door about 7 o'clock at night; there were a good many people in the house; we had not seen him for two months before, he seemed to be in liquor, he asked if he could lodge at our house.

Q. Where do you live?

Holding. We live at Hendon ; there was Farmer Sanders and George Dowglas at our house, they went home between ten and eleven; Dowglas came back again, and said he had some mistrust of the man; while he was gone, the buckles were missing, and the prisoner went up to bed.

Q. Was you asleep or awake when he went to bed?

Holding. I was asleep.

Q. Then how do you know what time he went to bed.

Holding. That I had from our boy; I went up stairs, and said, Who has play'd the rogue with the buckles? the boy said, Samuel has taken the buckles out of Mistress's shoes, and said, Samuel said he was not going to steal them.

Q. Were you and your mistress drunk or sober?

Holding. We were all very sober.

Q. How came you both to fall asleep?

Holding. We fell asleep being tired.

Prisoner's defence. My landlady took the liberty with me to take a silk handkerchief out of my pocket several times.

Q. to Carter. Did you take that liberty with the prisoner?

Carter. No, I did not.

Q. Did not he laugh, and say afterwards, it way only a joke.

Carter. He did, and he intended to give me them again.

Acquitted .

88. (M.) Anne Gyles , otherwise Friday , spinster ; was indicted for stealing two gold rings, value 22 s. two half guineas, and ten shillings in money, numbered ; the goods and money of Sarah Banford , widow ; Dec. 4 . *

Sarah Banford. The prisoner came into my house the 4th of December, for a pint of beer; she desired to toast a piece of bacon at the fire; she had a little knife like a pen-knife; she got to my pocket as I sat by her, and took out two Half-guineas, two gold rings, and some silver. When she had done, she got up and ran away, and left half her pint of beer; I presently ran after her, but never catch'd her 'till the Saturday following, in St Giles's.

Q. Did you perceive her to take the things?

Banford. I did not mind her when she was doing it; I took her before Justice Fielding, he could not make her confess any thing for a great while; I offered to give her the money if she would confess the rings; then she confessed to the Justice.

Q. Where did she say the rings were?

Banford. She confessed she had taken them and pawned them to Mary Western ; the Justice sent to her, she came and brought the rings and shew'd them to the Justice.

Q. Do you know what money you had in your pocket at that time?

Banford. I had told it to pay the distiller; and I missed the money as soon as she was gone, and there was no body in the house at that time but the prisoner.

Mary Western . The prisoner at the bar pawn'd the two gold rings with me, in the name of Mary Davenport .

Q. When?

Western. On the 4th of December. Produced in court.

Q. What did you lend her upon them?

Western. I lent her a guinea upon them.

Q. to prosecutrix. Look at these rings?

Prosecutrix. These are my property, and what I lost at that time; the prisoner said she was going into Staffordshire, and wanted a little money to carry her down.

The prisoner did not say any thing in her defence.

Guilty .

[Transportation. See summary.]

89. (M.) Peter Hopgood was indicted for stealing one black gelding, value 14 l. the property of Richard Page , Nov. 28 . +

Richard Page . I live in the parish of Harrow ; I lost a black gelding from out of my stable, on the 28th of November.

Q. Was the stable door lock'd?

Page. No, it was only shut; he was taken out in the night-time.

Q. Have you found him since?

Page. No.

Q. Do you know who took the horse?

Page. No.

Q. Why do you charge the prisoner?

Page. He was seen with such a horse in the Broad-way, Westminster.

John Cuttle . I am a Farrier; the prisoner at the bar brought two horses to my shop, about the break of day, one them had lost a shoe. I put one on; he ask'd me to dock a black gelding: he staid in the yard 'till three o'clock in the afternoon.

Q. Where do you live?

Cuttle. I live in Westminster; after this, Mr Page came and asked me if I had seen such a horse? and according to his description it was his horse.

Andrew Bullock . on the 29th of November, the prisoner came into Mr Cuttle's yard with two horses, one a black, and the other a grey one; he came with one to be dock'd; he staid 'till three o'clock, I never saw him nor the horses before.

Q. What time did he come?

Bullock. He came about seven in the morning.

Thomas Seymour . I was at Mr Cuttle's house, and drank with the prisoner the time they speak of, I never saw the man nor horses before.

Acquitted .

90. (L.) William Cornew was indicted for stealing 47 pounds weight of honey, value 15 s. the property of John Holman , in the shop of the said John , Dec. 16 . +

John Holman . I live in Aldersgate-street , and am a Grocer ; on the 15th of December at night, I lost a pot of honey out of my shop; it weighed 47 pounds 4 ounces; I can't tell who took it, but I found it on the prisoner at the bar. I was not at home when it was taken, but I came home soon after; a child told me some men had taken it; I went in pursuit of them; I went as far as Aldersgate-bars; a young gentleman went with me; then I went into Charter-house-square, on the right hand; when in the square, I met two men and the prisoner with them; he had my pot of honey on his head, but before I could come to them they shifted it from one to another. I went to lay hold of the prisoner, and he throw'd the pot of honey on my arm, which, by my preventing it from falling to the ground, least it should break, it prevented me from securing him for a little time; he struck me and us'd me very ill, but at last, I overcame him, and paid him pretty well; the porter of the Charter-house came to my assistance.

Prisoner's defence. Is it feasible to think that I should take the honey away, and am not able to buckle my shoe; I had been to carry a coat to the scowerer's, and went after that into the Square to look after a shipmate of mine; and there I went to do my occasions, I let down my breeches, and this man came and said, You have robb'd me; and I absolutely befoul'd myself in abundance. I know no more of the honey, than I know of the sacred God.

For the prisoner.

Edward Harrison . I have known him about twelve months, he work'd for me about three months, he behaved very honestly.

Q. What is his employ?

Harrison. He is a Shoemaker; he was recommended to me by a master that had employed him.

Guilty, 4 s. 10 d .

[Transportation. See summary.]

91. (L.) Sarah Green , widow , was indicted for stealing one shilling in money , the property of Jos. Sanderson , Jan. 4 . +

Jos. Sanderson. The prisoner was servant to me; I live at the Bell in Poppin's-alley, Fleet-Street ; about a fortnight before I took up the prisoner, I had lost the key of my bureau; my wife having another, I put in my money every day, as usual; I miss'd once 6 s. and 9 d. In about a week after my key was lost, I also miss'd a shilling a day several days; then I having a suspicion of the prisoner at the bar taking of it, I sat down, and marked 15 s. and 6 d.

Q. Had she access to the room where the bureau stood?

Sanderson. She had, and no body else, beside my wife and I; she went up that day to make the bed as usual; after she was come down, I went and told my money, and miss'd a shilling; I call'd her to me and examin'd her about it; she denied having taken any. I insisted upon searching of her; then she pull'd out her things from her pocket, presently she pull'd out the key of my bureau, and after that came out my shilling; I saw the mark upon it. I said, This is the key of the bureau, and this is my shilling; and told her she took the shilling about half an hour before. I charged a constable with her; then she confessed she took the shilling before me and the constable of the night. I took her before Mr Alderman Gosling, there she said she found the key, but did not know the use of it.

Deborah Lee . I am a lodger in the prosecuter's house; they told me they had a suspicion the maid had robb'd them; they took the prisoner into the kitchen, and desired her to pull the things out which were in her pocket. She took out some small money, but did not pull out the key or shilling for some time; then the mistress desired the pocket might be turned inside out; then she pull'd out a key and a shilling. When the constable was coming in, I said, Here comes the constable; she desired I would speak to her master for her; they charged her; she down on her knees, and confessed to the taking the shilling, and said she found the key under the bed.

Q. Did she say where she took the shilling from?

Lee. No, she did not; she begg'd to be forgiven; the mistress said she would forgive her no farther than the law would go. She said she never took any money before that; he desired his wife to fetch down the money that he had marked, and the shilling was marked as the rest; I shewed the shilling to the Grand Jury here yesterday, but whether by pulling out my handkerchief, or by what accident, I know not, but I have lost the shilling; the Grand Jury looked at it.

Prosecutor. Here is the other money which I marked the same as that which we found on the prisoner.

Prisoner's defence. I found a shilling upon the bed when I went to make it, that I sent down to mistress by her k inswoman; after that I found a key and a shilling under the bureau; my master sent me to carry same beer to the Fleet, and then directly took me into the kitchen, and charged me with taking them. I said, I don't know of any key belonging to you; I pull'd out this key, and said, This I picked up, and delivered it to him; had he not sent me out with the beer, I would have given it him directly. Then he charged a constable with me, and sent me to the Counter.

Q. to Lee. Did she say she found the shilling under the bureau?

Lee. No, she did not; she was above an hour before she was sent away.

Q. to prosecutor. Did she readily say upon your charging her, she had found a key and a shilling?

Prosecutor. I told her what I had lost, and said I wanted to search her; I desired her to pull out what she had from her pocket, she pull'd out two sixpences, a half-penny, and three farthings. She utterly denied taking any thing.

Q. Did you charge her with taking a key and a shilling?

Prosecutor. I did; and she said she had nothing in her pocket but her own key and her own money.

Guilty .

[Transportation. See summary.]

92, 93. (L.) John Falkner and William Fielder , were indicted for unlawfully aiding Abraham Jones , who had been committed to Wood-street Counter, on suspicion of felony, to make his escape from the said Counter , November 16 . ++

Nathaniel Crompton . The prisoner Falkner was in my prison on the 16th of November; I had been out in the afternoon, I came home about ten at night, my man told me there was a prisoner escaped; I asked if he could tell who assisted? he told me he was sure that the prisoner was up in Falkner's room; I sent for Falkner, and asked him what he knew of it? at first, he said he knew nothing of it; at last, he said the cloaths were deposited in his room, and the man that was escaped was shaved in his room, and that he knew two hours before he would escape, or at least, attempt it.

Q. What was the prisoner's name that escaped ?

Crompton. His name was Abraham Jones .

Q. Did the prisoner give you any reason why he knew he would attempt to escape?

Crompton. No, he did not; I ask'd him how he could be so cruel as not to discover it to me, when he knew I had been so good to him; he turn'd himself round, and said, D - n it, it was nothing to him.

Q. from Falkner. When you sent for me, do you think I was sober or fuddled?

Crompton. I think he was in liquor.

Q. What do you say as to the other prisoner?

Crompton. When I found the cloaths had been brought into Falkner's room, then I made enquiry who brought them there? and found that Fielder brought them there from Kensington.

Q. Had he any business in your goal?

Crompton. He came to a woman that is a prisoner there; I went to Kensington and made enquiry where I had been directed, and found he had given a receipt for the things.

Q. Did you hear Fielder examined upon this?

Crompton. He did not say in my hearing to what purpose he brought them. My man will give a farther account.

Q. Where did you find Jones's old cloaths?

Crompton. They were found in a sack, which will be proved to be the same sack as the other cloaths were brought in, at the bottom of the stairs.

Q. Where is the commitment of Abraham Jones ?

Crompton. Here it is, producing it. signed by the Lord Mayor.

It is read in court.

Thomas Chadwick . Abraham Jones was committed to Wood-street-compter by my Lord-Mayor, on Friday the 18th of November, on suspicion of felony, he was iron'd on one leg for security; on the Monday or Tuesday following Fielder at the bar came up to the gate with a bag a-cross his shoulder.

Q. What day of the month?

Chadwick. It was the 20th or 21st.

Q. What are you?

Chadwick. I am turnkey there; I felt on the out-side of it to see if I could perceive any spirituous liquours in it; I ask'd him what he had got in it; he said he had got some cloaths; I ask'd who they were for; he answered, I am going up to Falkner's room with them; he went in, and up to that room.

Q. Are you sure he went into that room with them?

Chadwick. He went that way.

Q. Where was Abraham Jones then?

Chadwick. I saw him about 4 in the afternoon on the 26th of that month with his beard on, and his own slouch'd hat, and a great coat on, the same day he made his escape.

Q. Who let him out?

Chadwick. I believe I did, not knowing who I let out; I took him for a stranger, the old cloaths, that he had on then, were left in the bag that the other cloaths were brought in.

Q. If he had appear'd at the gate in his old cloaths should you have let him out?

Chadwick. No, my Lord.

Q. Was he let out in mens or womens cloaths?

Chadwick. They were mens cloaths I believe.

Elizabeth Young . I was coming down stairs just before 6 o'clock at night, and met the prisoner Abraham Jones , I stopp'd at the head of the second pair of stairs to let him come by.

Q. What day of the month was this?

Young. It was on a Sunday-night; my room is up three pair of stairs.

Q. Had Jones his irons on?

Young. He had, and the cloaths as he usually wore; I went out of the goal and return'd again about 8 or a little after, then there was an alarm that Abraham Jones was got away.

Q. Did you ever see him after that ?

Young. No.

Thomas Davidson . I draw beer for a gentleman in the compter that keeps the tap there; I have heard the prisoner Falkner talking amongst the rest of the prisoners say, that if he knew any man committed, that was for life and death he knew which way to let him out. This I have heard him say over and over again; I drew beer for Abraham Jones at not quite 7 o'clock that evening that he was missing.

Q. How was he dress'd?

Davidson. He had then his old cloaths on

Q. Was Falkner in that room that evening?

Davidson. Yes, and Fielder too?

Q. from Falkner. What time was I there ?

Davidson. I don't know.

Q. from Fielder. What time was I there?

Davidson. I don't know.

Falkner's defence. I am a poor debtor, and have been in that goal six months; I desire to be hang'd up now in the yard if I know any thing of it; they don't care what they swear against a poor debtor to clear themselves.

Fielder's defence. That fellow that is gone out of the goal was in Falkner's room the Sunday before; he ask'd me to go of an errand for him; I said I would; he said it was to fetch him some cloaths; I went and brought them from his lodgings at Kensington, he sent a letter for every thing he had there; 2 shirts, 2 night-caps, 2 or 3 handkerchiefs, and other things; I brought them to him, he was standing on the foot of the stairs, I gave him the sack with all the cloaths in it, and where he carried them I don't know; he took his shoes out of the sack and brought them down and put them on, and gave Mr Chadwick his shoes which he had borrow'd of him, and Mr Chadwick charg'd him sixpence for the use of them.

For Falkner.

Mr Boudler. I have known Falkner twenty-one years; he lived in my neighbourhood in Black-Fryers; he has made shoes for me, and always used me very well.

Q. What are you ?

Boudler. I am a Carpenter.

Q. What is his general character?

Boudler. He is an honest man as far as I know.

John Levet . I have known him many years.

Q. What is his general character?

Levet. I never knew any ill of him.

Mr Chillingsworth. I have known him 15 years or better.

Q. What is his general character?

Chillingsworth. He has bore a very good character of an industrious man in the neighbourhood; I never heard any thing against him 'till this.

William Clark . I have known him about eighteen or twenty years.

Q. What is his character?

Clark. I never knew any dishonesty by him, he has made and mended shoes for me.

Joshua Sparks . I have known him eighteen years; he is counted a very honest man in the neighbourhood.

John Jenkins . I have known him fourteen or fifteen years.

Q. What is his general character?

Jenkins. It is that of an honest man.

For Fielder.

William Jenkins . I have known Fielder a bout five years, he is a very honest man.

Both acquitted .

94, 95. (M.) Edward Cleaver , and Elizabeth Sharp , were indicted, the first for stealing one promissory note, commonly called a bank note, marked No. H 45, value 20 l. being then due and unsatisfied for, against the form of the statute ; and the other for receiving the same, well knowing it to have been stolen , Dec. 18 . *

John Seaker. I live at Coventry; on the 17th of December last, I sent a letter from thence by the post to Newnham and Shipley, in Watling-street, with three bills and a bank note in it.

Q. Look at this bank note?

Seaker. (He takes it in his hand) This was put into that letter.

Q. What did you do with it after it was put in the letter?

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

PROCEEDINGS ON THE King's Commission 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 17th, Thursday the 18th, and Friday the 19th of JANUARY, 1759.

In the Thirty-second Year of His MAJESTY'S Reign. NUMBER II. PART II. for the YEAR 1759. Being the Second 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, 1759.

[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.

JOHN SEAKER . On that morning before ten o'clock I carried it to the Post-Office myself.

Q. Did you yourself put that note into the letter?

Seaker. I saw it put in, and saw it sealed up.

Q. Who wrote the letter ?

Seaker. My father.

It is read in court to this purport.

No. H 45. London 11 Aug. 1758.

I promise to pay to Mess. Walpole and Company, or bearer, upon demand, the sum of 20 l. for the Governor and Company of the Bank of England.

John Berrisford .

Q. What is your father's name?

Seaker. His name is George.

Q. Is it his note or your's?

Seaker. It was his note.

Samuel Malkin . I am master of the Post-Office at Coventry.

Q. Do you remember what was done with the letters on the 17th of last December?

Malkin. I put all the letters that were delivered in at the Post-Office on Sunday the 17th of December last, into the Coventry bag, and tied the bag up, and sealed it with the seal of my office; and afterwards I saw it buckled up in the mail, and put into the packet-cart and set off for Daventry.

Thomas Ravenhill . I am an Assistant-Clerk of the Chester road, at the General Post-Office.

Q. Are you acquainted with the customs of the post going backwards and forwards on that road?

Ravenhill. I am.

Q. When does the Coventry bag come out from Coventry about the middle of December?

Ravenhill. It was fetched from thence on the 17th.

Q. Supposing a letter put in there to come out from thence on the 17th; what time should that come to London?

Ravenhill. It should come to London the next day, being the 18th.

Q. Was you engaged in your business on the 18th of December last?

Ravenhill. I was.

Q. Do you remember the mail coming in?

Ravenhill. I do.

Q. Did you examine it?

Ravenhill. I did.

Q. Did the Coventry bag come that day?

Ravenhill. It was to have come that day, but it did not.

Q. Did all the rest of the bags come ?

Ravenhill. They did: I have a list of all the bags contained in that male; as they are taken out they are read over to me one by one.

Q. Had you notice that the mail had been robbed?

Ravenhill. No.

John Rowlands . I was before Justice Fielding on the 29th of December; the two prisoners at the bar were there.

Q. What are you?

Rowlands. I belong to the Accomptant's-Office in the Post-Office.

Q. Look upon this paper: (he takes it in his hand)

Rowlands. Here is the name Edward Cleaver wrote at the bottom of it: I saw the prisoner Cleaver write it?

Q. What is that paper ?

Rowlands. It is the confession of Edward Cleaver .

Q. Was it read over to him before he signed it?

Rowlands. It was.

Q. Do you apprehend he heard it read over?

Rowlands. I apprehend he did, and understood it when it was read.

Q. Whether or no that was taken in a voluntary and free manner, or by any other method?

Rowlands. It was taken in a fair candid manner as could be.

Q. Were there any promise made him?

Rowlands. No: there were none at all; it was rather represented that it would make against him.

Q. Did you hear him confess all that this paper contains?

Rowlands. I did.

The confession read in court to this purport.

The examination and voluntary confession of Edward-Cleaver, taken and acknowledged before me John Fielding , Esq; this 25th Day of December 1758.

"This examinant says, that he lives at the

"sign of the Green-Man at Barnet, in the

"county of Middlesex; that on Monday the

"18th of this instant December, between the

"hours of five and six in the morning, he took

"out of the Chester male (lying in the yard of

"the said house) the Coventry bag; containing

"a large quantity of letters; that he

"opened many of the said letters; and out of

"one of the said letters he took a lottery ticket,

"of the late state lottery, which he examined

"on the same day at a lottery-office, near St

"Andrews Church, Holbourn; and being

"there told it was a blank, he sold it to the

"said office-keeper for 5 l. 5 s. And this examinant

"farther says, that he took out of

"another letter, that was in the aforesaid Coventry

"bag, a bill of exchange for 7 l.

"drawn upon Mistress Bodingham in Downing-street,

"Westminster; that the said bill

"of exchange was then due, and that he received

"the money for it that evening.

"And this examinant farther says, that he

"took out of another letter, which was in the

"said Coventry bag, a bank note of 20 l. on

"the back of which was wrote the following

"words, viz. By post from Coventry, Dec.

"16. And this examinant farther says; that

"he gave the aforesaid bank note to one Elizabeth

"Sharp, living in a court in the Old-Bailey,

"to put off for him, telling her that

"he had taken it out of the Coventry bag.

"And this examinant says, that he went

"with the said Elizabeth Sharp to one Malin,

"in Plumtree-court, as this examinant believes,

"in order to change the said note, but

"that he did not get it changed; nor has he

"received any money or other consideration

"for it.

"And this examinant farther says, that he

"burnt all the other papers of every kind, that

"were in the aforesaid Coventry bag, in a

"garret at the aforesaid house at Barnet,

"known by the sign of the Green-Man, on

"Monday the 18th instant; being the same

"morning, on which he took the aforesaid

"Coventry bag out of the Chester mail.

"And this examinant farther says, that

"when he received the money for the aforesaid

"bill of exchange, drawn on Mistress Bodingham

"in Downing-street; he wrote upon the

"back of the said bill of exchange, the name

"of Richard Brooks ."

Edward Cleaver .

Taken before me this 25th day of Dec. 1758. J. Fielding.

Q. Did the woman at the bar own she received any Bank note from the prisoner Cleaver?

Rowlands. Mr Fielding asked her if she received any; she said she did not.

Cross Examination.

Q. I have no doubt but that this confession was taken freely, as you have given an account: but before the time that this was taken, was it represented to him as a capital offence?

Rowlands. I believe it was not represented to him as a capital offence.

Q. What this woman said, was it after she had heard the accusation of Cleaver?

Rowlands. It was.

Q. Do not you apprehend it might arise from a regard and tenderness had for Cleaver, that she said she had not received any note at all?

Rowlands. I can't form any judgment of that.

Joseph Plast ow. I was at Justice Fielding's on the 25th of December last, when the two prisoners at the bar were there; Mr. Fielding asked Cleaver, if he gave Mrs. Sharp a 20 l. bank note? he answered he did give it her: she denied the receiving of a bank note.

William Marjoram . I deal in wine and brandy in the wholesale way; I served the prisoner Mrs Sharp with these commodities; on Tuesday, the 19th of December last, she came to my shop to pay me a bill of 2 l. 17 s.

Q. Where do you live?

Marjoram. I live in Catharine-street in the Strand.

Q. Where did she live?

Marjoram. She lived in the Old-Bailey; she brought a bank note and desired I would give her change for it.

Q. Look at this bank-note. (he takes it in his hand.)

Marjoram. I am sure this is the note.

Q. What do you know it by?

Marjoram. I wrote the two initial letters of my name upon it at Mr Fielding's house.

Q. What reason had you to know it to be the same when you saw it there?

Marjoram. I had kept it in my custody from the time I received it of her to the Tuesday following; and before I parted with it I wrote them letters on it.

Q. When she gave you this note, what did you do in return?

Marjoram. I gave her nineteen guineas and a shilling; I told her there was her full change; she then gave me three guineas back, and I gave her 6 s. out of it.

Q. Did you receive any message from her afterwards ?

Marjoram. I did, by a woman.

Eleanor Wootton . Elizabeth Sharp sent to me, and desired I would go to Mr Marjoram?

Q. When was this?

Wootton. This was on Thursday; but I can't tell the day of the month.

Q. Was it before or after Christmas?

Wootton. It was after Christmas I went: it was the day before Mrs Sharp was sent to Newgate; she said she was in New-prison about something concerning notes; and she did not know what she was taken up for at first. She had been before Justice Fielding; she desired I would go to Mr. Marjoram, and give her love to him, and desire he would go to her.

Q. Was there any other message sent by you?

Wootton. She was vastly frighted, and did not know what she was taken up for.

Q. Did you go to Mr Marjoram?

Wootton. I did, and delivered that message to him.

Q. Was there any more conversation past between the prisoner Sharp and you, than what you have given an account of?

Wootton. No, there were not.

Q. Was not there any conversation about burning at all?

Wootton. No.

Q. Did she say she wanted to see Mr Marjoram about a note?

Wootton. She did.

Cross Examination.

Q. Do you know any thing at all of Mrs Sharp's receiving this note of Cleaver ?

Wootton. No, I never saw him in my life, 'till I saw him in custody.

Q. to Marjoram. What did this evidence say to you when she came?

Marjoram. The message that I understood by her, was, that she had got the money to give me if I would give her the note again, and she would burn it.

Q. to Wootton. Do you not recollect this conversation?

Wootton. I never said these words, nor had a half-penny of money about me.

Q. to Marjoram. Did you understand her to have the money to deliver to you, or you to go and have it of Mrs Sharp?

Marjoram. I understood it, that the witness had got the money to deliver to me upon my delivering her the note.

Q. Was there any such message delivered by this woman, tending to your delivering up a note ?

Marjoram. Yes, there was.

Q. Was this evidence Wootton examined before Mr Fielding?

Marjoram. She swore that before Mr Fielding, with this variation; that Mrs Sharp would give me the money, if I would deliver up the note.

Cleaver's defence. I have nothing more to say, than that I gave the note to this woman, (meaning the prisoner Sharp) and I never had a farthing of the money.

Sharp's defence. He brought me the note, I can't tell the day, I believe it was the 18th or 19th; he said, Mrs Sharp, can you change me this note? I said no, I did not think I had money enough; I went and look'd, and found 17 l. 18 s. then I said I had no more, except he would take halfpence: he said they were luggage; I went to one Mrs Malin's, she said it was not in her power to change it; then I went with it to Mr Needham's, he could not change it; then I went to my Wine-Merchant; Cleaver said in Mrs Malin's house, while I came back to give him the two guineas: and when I came there with the money, he was gone; I saw him the next morning and said, Are not you gone home? he said no, nor he would not go home any more; for he had been in company in the Old-Bailey, and lost most of his money at cards: he told me his business in London was to buy sugar and plumbs for his father.

For Sharp.

Peter Corney . I was in company with Edward Cleaver , the prisoner at the bar; I am an Apothecary and Surgeon; he took me to a house in the Little-Old-Bailey, to see a person that he said was Mrs Sharp's daughter; I order'd her something.

Sharp. Cleaver brings this gentleman, and said, Mrs Sharp, your daughter is very bad; this is an acquaintance of mine, let him go and see her, he said don't fear the money, I'll pay you. The gentleman came down again and talk'd, and said, I understand you let out a little money, what interest do you take? I sometimes get neither interest nor principal. He said, If you'll let Cleaver have twenty or thirty pounds, I'll be bound for him, to go to buy horses; there is a gentlewoman of my acquaintance that takes but three per cent. and she has made me a present of a goose.

Q. to Corney. Do you remember this conversation?

Corney. I remember nothing at all of it.

Elizabeth Malin . I went with Mrs Sharp to Mr Marjoram's to get the note chang'd.

Q. Do you know of her receiving it?

Malin. No, I know nothing of that.

Q. Was it offered to you?

Malin. No, it never was; when she came to me, Cleaver said he wanted money to go out of town directly the next day, saying she owed him two guineas.

Q. Did you see the note?

Malin. No, I never saw a bank note; I saw her deliver a piece of paper to Mr Marjoram, but what it was, I don't know.

Q. Did you hear any thing pass between Cleaver and Sharp?

Malin. I heard him bid her make haste, he wanted to go out of town; and said there were two guineas owing; he went away before she came, and came back again at night a little in liquor, and said, give me a dram of rum; I have been to the play, give me silver for half a guinea; said I, I'll trust you, you seem to be in liquor; he went away, and two or three days afterwards, he came again and paid me for the dram of rum.

Sharp. I denied the note because of Mr Fielding; I begg'd I might not be taken out of the city, but go before my Lord-Mayor. They tore and dragg'd me about; I was afraid of owning the note, fearing it should touch his life, hearing he had robb'd the mail. I thought no body could take me out of the city; If I had known this had been a stolen note, I would not have gone to Mr Marjoram's where I knew it must have been paid back again. Mr Fielding's fellows us'd me cruelly, and Cleaver us'd me as bad.

Both Guilty .

[Transportation. See summary.]

96. (L.) Mary Bowden was indicted for stealing 1 silver salt spoon, value 6 d. 6 pounds weight of loaf-sugar, 7 pounds weight of moist sugar, one ounce of mace, one quarter of a pound of pepper, half an ounce of cloves, three ounces of nutmegs, one quarter of a pound of chocolate, two pounds of tea, and one ounce and half of cinnamon, the goods of George Farr ; and one penknife , the property of George Farr , the younger , January 16 . ++

George Farr . I am a grocer ; the prisoner was my servant, in the capacity of cook-maid .

Q. Where do you live?

Farr. In Newgate-street : she was going away, and I thought proper to search her box, in which I found the things mention'd in the indictment.

Q. Was her box locked?

Farr. It was.

Q. How did she say she came by the things ?

Farr. She told me the nutmegs ( there were twenty-one large ones) were given her by a person that came from on board a ship, the mace and cloves were with them in a box.

Q. What did she say as to the rest of the things?

Farr. She could not tell what to say as to the sugar and tea, because I knew them to be mine; I used to breakfast in the compting-house, and after I sent the sugar up I could have none come down again; I put down but two pounds of tea, but there was a great deal more; she said she brought the tea with her.

Q. Did she own that she had taken any thing from you?

Farr. No: she said one of my men gave her the sugar.

Q. Can you say any of the things mentioned are your's?

Farr. I believe them all to be mine.

Q. Have you any reason for so believing?

Farr. I have sugar of the very same to match that, and am positive it is mine, or at least have all the reason possible to believe it; after she was committed to the Compter, it happened to be mentioned in Newgate-street that I had a servant that had committed a theft, and sent to prison; a man by accident said is it the chamber-maid or the cook; he was told, it was the cook; said he, I am sorry for it, for I have a box of her's in my house in the Old Change; I went there with a constable, and the constable opened the box that the people said was the prisoner's; in that box I found a key that undoes my lock, to a place in my dinning-room, where I lock up my tea and other things, and there I found the tea.

George Venables . I am the constable; I was sent for to take charge of the prisoner; I searched four of her boxes and found all these things mentioned, and this penknife (producing one) that was in her pocket; the sugar was in tin cannisters, there were some papers of tobacco with Mr Farr's name on some of them.

George Farr , the younger. This penknife ( taking it in his hand ) is mine.

Prisoner's defence. That penknife I found one morning when I was making the kitchen fire; I ask'd the apprentice if he knew whose it was; he said he did not; I kept it in my pocket several days; for a particular occasion I was forced to buy both sugar and spices; the gentleman that I bought them of lived at Cripplegate, when I was big with child this time twelve months.

Guilty .

[Transportation. See summary.]

97. (M.) Richard Lay was indicted for stealing one pair of shagg breeches, value 14 s. one cloth waistcoat, one pair of shoes, and one pair of metal buckles , the property of William Holland , December 26 . ++

William Holland . I belong to the second troop of Horse-granadiers ; I lost the things mention'd in the indictment, and found the waistcoat on the prisoner at the bar.

Q. Have you found any thing else?

Holland. No.

Q. What is the waistcoat worth?

Holland. It is worth a shilling.

Q. What is the prisoner?

Holland. He has been idling about without working; he was acquainted with one or two of our men that were quartered at the same house were the things were lost from, and he lodged with them several nights.

Prisoner's defence. I had an old shagg waistcoat upon my back, and I wanted money, I sold it to an old cloaths-man, and he had that regimental waistcoat, I had five shillings for mine, and I bought that other of him for 8 d.

Q. to prosecutor. Did you ever sell that waistcoat to an old cloaths-man?

Prosecutor. No: I never did.

Q. from prisoner. Did you miss your waistcoat any morning after I lodged there?

Prosecutor. Not as I know of.

Acquitted .

98. (M.) Margaret Watkins , otherwise Ware , widow ; was indicted for stealing two curtains, value 2 s. two linnen sheets, value 5 s. one pillow-case, value 6 d. two looking-glasses, and one copper stew-pan , the goods of William Bracket , Nov. 22 . ++

William Bracket . The prisoner nursed a person in my house ; I missed the things mentioned in the indictment; I suspected her; she was taken up and charged with taking them; she own'd she had taken them, and delivered the curtain to me again, and the stew-pan was found upon her.

Mr Ealing. I am a Pawn-broker: he produced a pair of sheets. She pawned these in her own name.

Q. to Prosecutor. Look at the sheets?

Prosecutor. Here is no mark upon them; I can't swear to them, but the prisoner own'd these sheets came from off my bed.

Thomas Baldwin . I am Constable: when we went to the Pawn-broker, the prosecutor ask'd her if she had pawn'd it in her own name or his name; she could not tell; she own'd also that she had taken them: I found the stewpan in her lodgings.

Q. Was the Pawn-broker present at that time she owned to the taking the things?

Baldwin. He was.

Q. Did she say she had taken a pair of sheets?

Baldwin. Sheets were mentioned by us: she did not mention the word sheets; but said she had taken a pair.

Ann Hicks . I live at Mr Bracket's: the prisoner nursed me when I lay-in: I heard her own she took away two looking-glasses, Mr Bracket's property; the stew-pan was found upon her, and she brought a curtain back to Mr Bracket.

Mrs. Smith. I heard the prisoner own she had taken the glasses, sheets, and pillow-case; that she took them from out of a two pair of stairs room, and the sheets from off the bed.

Prisoner's defence.

I never took none of the things.

Guilty .

[Transportation. See summary.]

99, 100, 101. (M.) John Smith , and Joseph Blaze , were indicted for stealing thirty-seven pounds weight of sugar, value 24 s. the property of Robert Robinson ; and Henry Feathers for receiving the same well knowing it to have been stolen , Jan. 5 . ||

Robert Robinson was called and did not appear.

Thomas Coltis . John Smith , Joseph Blaze , and I, took a large piece of sugar out of Mr Robinson's shop.

Q. Where does Mr Robinson live?

Coltis. He lives in Goswell-street .

Q. What is his business?

Coltis. He is a Grocer .

Q. How long have you been acquainted with Smith and Blaze?

Coltis. I have been acquainted with them from four days before Christmas.

Q. Where did you first become acquainted?

Coltis. At an Ale-house in Chick-lane.

Q. Had you known neither of them before the time you speak of?

Coltis. I had known Jack Smith before, but I had never been acquainted with him to keep him company: he lived by us.

Q. How long have you known him?

Coltis. I have known him four years?

Q. How came you to take this sugar?

Coltis. We happen'd to go by the door and saw an opportunity; so Blaze went in and took it.

Q. Did you go in?

Coltis. No.

Q. Where were the people of the shop?

Coltis. They where in a little back room.

Q. Where did the sugar stand?

Coltis. It stood upon the counter: (great part of a large lump of sugar produced in court) this is it.

Q. Could you see it to be sugar before you took it?

Coltis. No: it was in a blue paper.

Q. What did Smith and you do, while Blaze went in for it?

Coltis. We stood at the door.

Q. Had you been together all that day?

Coltis. We kept together all the time, from four days before Christmas to that time.

Q. Where were you going when you went by this shop?

Coltis. We were going to see what we could get.

Q. What was done when Blaze brought the sugar out?

Coltis. Then we went down Bell-Alley, and so to the house where we lodged: Jack Smith and I lodged together; and after that we carried it to Mr Feathers's house.

Q. Where does he live?

Coltis. He lives at the corner of Black-Boy-Alley.

Q. What is hi s business?

Coltis. He keeps a Chandlers shop.

Q. Did you all go with it there?

Coltis. We did: and Smith and I went in.

Q. Did you see Feathers?

Coltis. He was not at home, so we left it 'till the next morning.

Q. Who did you see there?

Coltis. We saw his wife there.

Q. Did you make any bargain with her?

Coltis. No: but we sold it to him the next day.

Q. What time of the day?

Coltis. We went to him about ten or eleven o'clock, then he was at home, and said he had weighed it, and it weighed 36 or 37 pounds.

Q. How long have you known Feathers ?

Coltis. I never knew him before we carried things to sell.

Q. Had you sold things to him before this time ?

Coltis. Yes.

Q. What goods did you sell him?

Coltis. We sold tea to him.

Q. How often?

Coltis. I can't say how often.

Q. Did you ever sell him any thing before you became acquainted with Smith and Blaze ?

Coltis. No, never before.

Q. How often have you been with them to his house?

Coltis. Three or four times.

Q. What did he give you for this sugar?

Coltis. He gave us a groat a pound for it: We ask'd him six-pence.

Q. Did Smith and he seem to be acquainted ?

Coltis. Not much.

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

Coltis. Yes: he asked us whether we came honestly by it.

Q. What did you tell him?

Coltis. Jack Smith told him he got it from his sister, and he was going on board of ship.

Q. Did he ask you any questions about it?

Coltis. No: he asked me no questions.

Q. Where did he pay you for it?

Coltis. In his shop.

Q. What did you do with the money?

Coltis. After we got home we equally divided it amongst us.

Cross Examination.

Q. Was Blaze capable of bringing that sugar out of the shop himself?

Coltis. Yes, very easily.

Q. In what manner?

Coltis. In his arms.

James Elmore . I am Turnkey of New-Prison: Mr Fielding ordered me to go down to Feather's house; I went, and told him he had bought sugar and bacon of this evidence and another, the evidence was then with me; Feathers own'd it, and shewed us the sugar above stairs, and brought the sugar and bacon to Mr Fielding's that night.

Q. What business is Feathers ?

Elmore. He keeps a Chandlers-shop at the end of Black-Boy-Alley.

Q. Does he deal in sugar?

Elmore. He does: I saw some in his house: but I saw the sugar upon a table above-stairs, and he said it was the sugar that he bought of this evidence and Smith, and he had cut some of it off.

Q. What did he say before the Justice ?

Elmore. He own'd these two boys sold it to him.

Q. Was Smith and Blaze present when he brought the sugar there?

Elmore. No: they were in goal.

Q. Does any body in court know the value of the sugar?

A witness. This sugar is worth seven-pence a pound, that is the least to be sold in the wholesale way.

Smith'sdefence.

It is a great falsity to say that I was with them.

Blaze's defence.

I never saw him in my life before.

Feathers's defence.

I never saw these chaps in my shop in my life to my knowledge.

For Blaze.

Robert Batchelor . I have known Blaze four years, he worked for me three years, all but one month.

Q. What is your business?

Batchelor. I am a Smith: I have trusted him with pounds and pounds worth of work; I have sent home work by him, and he has brought me my money honestly; he would work from morning to night as hard as a horse: was he out of trouble I would employ him tonight.

John Twidle . I have known Blaze ten years and better; he serv'd part of his time to the master I did.

Q. What is his character?

Twidle. He is a very honest lad, and very industrious as far as ever I saw; he has receiv'd many pounds of me and paid it away, and I don't know that he ever wrong'd me of a half-penny in my life.

For Feather's.

Nevil Feathers . I have known the prisoner Feathers twenty years; he is a very honest industrious man as any in England; he has been in town about ten years; I would trust him with an hundred pounds at any time: I am sure he would not be guilty of what is laid to his charge, did he know it to have been stolen.

Q. What do you think of a man giving four-pence a pound for sugar that is worth 7 d to sell again?

Feathers. If he was overseen, I can't think how it came about.

Thomas Andrews . I have known Feathers about four years.

Q. What is his general character?

Andrews. He is a very honest man for whatever I have heard; I have laid out pounds with him, and should have no scruple in trusting him.

Walter Hunt . I have known Feathers four years, he is a very honest man; I never knew any thing to the contrary, and he is a very industrious man; I would trust him with every thing I have in the world.

Q. Do you live near him?

Hunt. I am his next door neighbour.

Q. Was you one of his bail?

Hunt. No; but if I had been at home, I would have been one.

John Williams . I have known Feathers between three and four years

Q. What is his general character?

Williams. He always behaved like an honest man, every body respected him in the neighbourhood; I think he deserved that character; I would have trusted him with an hundred pounds at any time.

John Box . I have known him about three years and a half.

Q. What is his general character?

Box. He is a very honest man; he has bought 10, 12, or 15 quarters of malt at a time, of me; he carrys on brewing; I should have made no scruple in trusting him for 100 quarters of malt. I have traded with him also for coals; I was a good deal astonished when I heard of this.

John Potts . I have known him about four years, ever since he came into that neighbourhood.

Q. What is his general character?

Potts. There is not a more industrious man in London, nor a soberer man; when I heard this thing, if it had not been from a sedate person, I should not have believe it; I should not have suspected him in the least. I have had some hundred weight of cheese of him, he dealt largely; he has had half a ton at a time, of cheese.

Q. Do you deal in sugar?

Potts. I do.

Q. What is this sugar worth?

Potts. I could not buy such as this for sevenpence a pound.

Q. Suppose a person was to come and sell you that lump for four pence a pound; how should you think of it?

Potts. I should think that person did not come honestly by it; this man is a man of character, substance, and honesty, for whatever I heard.

Q. Do you keep your sugar in your shop, or up stairs?

Potts. If I have it not in the shop I have it up stairs; but he has cheese and goods up stairs, a deal.

Q. Was you ever in his chamber above?

Potts. No, never.

Alexander Latham . I know Feathers to be a very honest man.

Q. How long have you known him?

Latham. I have known him three years; he is a neighbour.

Jos. Capper. I have known Feathers above ten years.

Q. What is his character?

Capper. A very honest man; I have had particular instances to think him so. I have serv'd him with goods, and have omitted putting goods two several times in the bill of parcels; he had honesty enough to bring me the bills of parcels, and the money for what I had omitted. Upon that account, I should have trusted him with a thousand pounds; was he discharged, if he gave me an order for fifty pound's worth of goods, I'd send them in.

Mr. Allen. I believe I have known him seven years.

Q. What is his general character?

Allen. An honest industrious man, as any on earth, I believe.

Mr. Matthews. I have known him about two years last year I had some dealings with him.

Q. Where do you live?

Matthews. I live in the country; he always paid his bills regularly; I always had the opinion of him to be an honest man.

Hen. Tape. I live in Fee-lane; I have known him three years.

Q. What is his character?

Tape. That of an honest industrious man, as ever I knew in my life; I think he deserves that character as well as any man in England: I have gone past his house two or three times a-day, I always saw him to work and slave.

John Bennett . I have known him ever since he came to the house he lives in, that is about four years ago.

Q. What is his general character?

Bennett. He is a very honest industrious man: I live just by him, and known his industry; he is very well respected in the neighbourhood.

Francis Feathers . I have known him ever since he was born.

Q. What is his character?

Feathers. An undeniable character; there can't be a harder working man than he is.

Q. If you have known him so long, do you think he is capable to be drawn in to buy stolen goods by a parcel of boys?

Feathers. I cannot answer for that; he might have had any credit that he would require; we can bring an hundred credible tradesmen to his character all out of London; he is a man of substance, and lives in as much credit as any man in London; he is a brewer as well as keeps a chandler's shop.

Martin Brown . Feathers, and I, were born and bred in one parish.

Q. What is his general character?

Brown. He is a very honest industrious man; I should have no scruple in trusting him with all I am worth.

Q. Have you known him in London?

Brown. I have; we both came up in one year.

Robert Robinson the prosecutor was call'd again on his recognizance, but did not appear.

Q. to Elmore. When was you sent by Justice Fielding to Feather's house?

Elmore. Last Tuesday was seven-night; Coltis went with me by the Justice's order.

Q. Did you hear Feathers say what he gave for the sugar?

Elmore. He said he gave at the rate of a groat a pound for it, and said he had us'd some of it, and taken it from off the top; he was committed that night to New-prison; the next day he was brought up again with the two boys at the bar, and the evidence.

Q. Did you go with Feathers to goal the first time?

Elmore. I did; I took him there in a coach along with Coltis, the other two prisoners were there before.

Q. When you carried Feathers there did he and the other prisoners seem to know one another?

Elmore. The two boys were lock'd up that night; before the justice Blaze said he was concerned in taking the sugar and tea, but denied taking the bacon. Smith said nothing.

Q. Where did you take up Blaze?

Elmore. I took him in the same room where I had before taken Smith and Coltis.

All three acquitted .

(M.) John Smith was a 2 d time indicted for stealing eight pounds weight of bacon, value 2 s. 8 d. the property of Henry Winsley ; and Henry Feathers for reciving the same, well knowing it to have been stolen , Jan. 7 . ||

Henry Winsley . I live in Hoxton-square and keep a chandler's shop .

Q. Do you deal in bacon?

Winsley. I do. A piece of bacon produced in court.

Q. Look at this piece of bacon.

Winsley. I lost such a like piece of bacon as this.

Q. When?

Winsley. I believe it was on Sunday was seven-night at night; and the boys tell me they took it out of my shop that night.

Q. When did you miss it?

Winsley. I did not miss it till the Monday morning.

Cross Examination.

Q. What do you call that piece?

Winsley. This is a hock of bacon.

Thomas Coltis . Smith and I were together last Sunday was seven-night, at night at Hoxton; Smith held the prosecutor's door open, and I went in and took this bacon out.

Q. Was any body in the shop?

Coltis. No.

Q. In what part of the shop did it lie?

Coltis. It lay upon a shelf on the right-hand side.

Q. What did you do with it afterwards?

Coltis. We carried it to Feathers's house that same night.

Q. What! on a Sunday-night?

Coltis. Yes.

Q. Was this before, or after, taking the sugar?

Coltis. This was after that.

Q. How long after?

Coltis. I can't tell.

Q. Did you find Feathers at home?

Coltis. We did; we ask'd him if he would buy the bacon.

Q. Was his shop open?

Coltis. No: we knock'd at the door, and he open'd it and let us in; he said he had bacon enough, but he ask'd the price of it; we ask'd him a groat a pound, it being a hock.

Q. Look at this bacon. He takes it in his hand.

Coltis. This is the the same bacon.

Q. What did he give you a pound for it?

Coltis. He gave us two-pence a pound for it; and there was a little sat bit that he gave us five-pence a pound for.

Q. How much was there of that?

Coltis. There was about two pounds and a half of it.

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

Coltis. No, none at all.

Q. What time of the night was it that you was at his house?

Coltis. I can't say indeed.

Q. What time did you go out upon your business that day?

Coltis. We had been out about three or four hours before we took the bacon, and we went out about five o'clock.

Q. Did Feathers pay you for the bacon that night?

Coltis. He did.

Q. What did he give you?

Coltis. He gave us half a crown in all.

Q. What did you do with the money?

Coltis. I and Smith divided it.

Q. What did you do after you had sold the bacon?

Coltis. We went home to our lodging.

Q. When were you taken up?

Coltis. We were taken up last Tuesday was a week in the morning, that was the next day but one after we sold the bacon; we were taken out of our beds by James Elmore , and carried that morning before Justice Fielding; the Justice ask'd us where we were taken up? I told him at such a house; he committed me as an evidence, and he sent Elmore and me to the shops where we had stole these things from; Elmore ask'd the people if they had lost any thing? and they said they had.

Q. Did the prosecutor say he had lost any thing?

Coltis. He said he had lost such a piece of bacon as this.

Q. Did you go to Feathers's?

Coltis. We did; and the prosecutor Winsley along with us, he bought the bacon of Feathers.

Q. to prosecutor. Did you see the bacon at the prisoner Feathers's house?

Prosecutor. I went to Feathers's house at about seven or eight at night; I took a basket and a few greens in it. I ask'd him if he had a bit of bacon to fell, and said I had got a few nice greens; I looked about and saw a hock of bacon, I took it down, and said, What will you have for this? I view'd it very well; he sold it me at four-pence a pound. I took that to Justice Fielding's.

Q. Are you sure that is the hock that you bought of Feathers?

Prosecutor. This is the very same: (if it is not mine it is like it.)

Q. toColtis. Look at this bacon, do you know it?

Coltis. I am sure this is the same bacon that I took out of the prosecutor's shop; and Feathers own'd before the Justice, that he bought this bacon of Smith and me.

Cross Examination.

Q. How came you to know it to be the same bacon, and the man that you say owns it does not know it?

Coltis. Mr Feathers own'd it to be the same?

Q. Is there any marks by which you know it?

Coltis. Because here is a slit underneath it; turning it up and showing it.

Q. to Elmore. Did you hear Feathers own this to be the bacon that the two boys sold him?

Elmore. I did; and own'd before the Justice he gave two-pence a pound for it.

Q. Did he say when he bought it?

Elmore. He did; he said he bought it on Sunday was seven-night at night; I took the two boys in bed, along with two women.

Smith's defence.

It is a great falsity, I never saw Coltis before in my life, only once at the White-Lion by Cow-cross; and that night he went home to bed with me, and Elmore came and took us up.

Q. to Coltis. How old are you?

Coltis. I am between 17 and 18 years of age.

Feathers said nothing in his defence.

Both guilty .

(M.) John Smith was indicted a 3 d time, and Joseph Blaze a 2 d time, for stealing 14 ounces of green tea, value 7 s. and five ounces of bohea tea, and two tin cannisters , the property of Charles Russel . ||

Charles Russel . I live in Hoxton-square , and keep chandler's shop .

Q. Do you deal in tea?

Russel. I do.

Q. Did you lose any?

Russel. I did; last Monday was seven-night at night, between 6 and 7 in the evening.

Q. How much?

Russel. About 14 ounces of green and 5 of bohea, in two cannisters.

Q. Was you at home at the time?

Russel. I was not; my wife sent for me, she miss'd it in about five minute's time; I know nothing who took them, no more than what Coltis tells me.

Thomas Coltis . Betwixt 6 and 7 o'clock on Monday night, I and the two prisoners went that way; the prosecutor's door was latch'd; I went in and handed one of the cannisters to Blaze; then I went in and got the other, then we went away together.

Q. What did you do with it?

Coltis. We put it all out into a handkerchief together before we got home.

Q. What did you do that for?

Coltis. Because no body should find the cannisters upon us.

Q. What did you do with them?

Coltis. We throw'd them away, and went directly to our lodgings, and left it on the table in the handkerchief all night, and went to bed; we were taken up on the next morning.

Q. Did Blaze lie with Smith and you?

Coltis. No, he went home to his lodgings about nine or ten o'clock.

Q. Where did he lodge?

Colt is. In Barbican.

Q. Did he take any tea home with him?

Coltis. No; we designed to have sold it the next day, and then divide the money; Blaze was taken up the same day.

James Elmore . This I found on a table at the boys bed's soot, when I took them up. Producing a handkerchief with tea in it. Coltis said he took some from an old woman in Old-street, and some from the prosecutor's in Hoxton-square.

Q. How much is there of it?

Elmore. Here is two pounds and an ounce handkerchief and all; when the evidence had given an account that Blaze was with them, the Justice sent me after him. I went to his lodging in Barbican, but not meeting with him, I went to the house where I took up the boys, and while I was in the room, Blaze came in at the back door, so I took him there. I told him he had been stealing sugar, tea, and bacon, and must go along with me. He said he was not concerned in the bacon; he was only concerned in tea and sugar; I ask'd him whose handkerchief it was that the tea was in? he said it was his own, and he wanted it again.

Smith's defence.

I know nothing of it.

Blaze's defence.

I know nothing of it.

For Blaze.

Mr Cattle. I have known Blaze 8 or 9 years, he is a very sober lad, he work'd along with me, I never heard the least blemish of him in my life.

Q. What are you?

Cattle. I am a scale maker.

Thomas Price . I have known him about 12 months.

Q. What is his general character?

Price. Always a good sober honest man, as far as ever I heard of him.

Both guilty .

[Transportation. See summary.]

102, 103. (M.) Richard Ford was indicted for stealing twelve hundred weight of sugar, value 20 l. the property of Robert Smith ; and Connell Neal for receiving the same, well knowing it to have been stolen , December 24 . ++

Robert Smith . I am master of a vessel call'd the Earl of Loudon , Ford is my mate : Neal had arrested Ford for ten pounds, or thereabouts, and took him out of the ship; I went to see him in the spunging-house; Neal being a lumper , I suspected it was for something taken out of the ship, upon which I went to Mr Fielding; then I took an officer and went and tender'd the money down for Ford, and took him out of the ship, and before Mr Fielding; going in the coach, he voluntarily confessed that he had been concerned with Neal at different times, in sending six bags of sugar on shore from on board; in all, about twelve hundred weight: and that he had received of Neal for it one thirty-six shilling piece, two guineas, and a half guinea. This confession he likewise made before the Justice; and also, that he had no orders from me to allow any sweepings; this they would have termed to be sweeping, but this was before the cargoe was delivered, before we came to the ground tier.

Q. What do you mean by sweepings?

Smith. After the cargoe is deliver'd, that which is left, trod under foot, we call sweepings. I took up Neal, and he confessed receiving it, and that he sold it to a Dutchman, whose name he refused to mention. This was all before Justice Fielding, in my hearing. Ford had been with me twelve months, and behav'd very honest, and I believe it is through Neal that he was drawn in.

John Spensley . I am constable; I took the mate in custody, he confessed he had taken six bags of sugar from on board Captain Smith's vessel, both as we went to the Justice's, and also before the Justice; and that there might be about twelve hundred weight of it. I asked him if the Captain had given him liberty so to do? he said no, he had not: after Neal was taken up, he acknowledged he gave the mate a thirty-six shilling piece, two guineas, and a half guinea for it; one acknowledged the paying the the money, and the other receiving of it.

John Cockeril . I am apprentice to Captain Smith; Neal us'd to come on board early in the morning, and would get the hatches open; the mate had the care of them. I have seen sacks tied up, which they have taken away full of something, I cannot tell what. They put log-wood dust in just at the top. Neal told me to say nothing of what I saw, and he would give me a coat.

Ford's defence.

I sent some log-wood and sweepings on shore by Neal; the Captain bid me do what I pleased with it, and I got two guineas of Neal for it.

Q. to Cockeril. When you saw these sacks taken away, was the ship delivered of her cargoe?

Cockeril. No, we was not got to the second tier.

Neal's defence.

I never promis'd him a coat, nor no such thing. It is customary in the river Thames, for the mate to have the sweepings of the sugar; this man had money bid for them, I said I would give him as much as any body; accordingly, he let me have the preference.

Ford. I desire my Captain may be examined to my character.

Smith. He always behaved well 'till this; I had always a good opinion of him; I have trusted him with money, and found him always just 'till now.

For Neal.

William Price . I have known Neal twelve years.

Q. What is his general character?

Price. I cannot say I have ever heard he committed any felony in my life.

- Golding. I have known Neal about two years.

Q. What is his character?

Golding. I never heard any thing ill of him 'till this.

Q. How does he get his livelihood?

Golding. He was a chair-man at the other end of the town, I knew him there, and I knew him since he came down to the waterside.

- Jacobs. I have known Neal twelve years.

Q. What has been his behaviour?

Jacobs. A hard-working man always; he work'd at any thing that came in his way; he always bore an honest character before this.

A witness. I have known Neal sixteen years.

Q. What is his character?

Answer. He is an honest man, he ow'd me money, and paid me honestly; he works at chair-carrying and coal-heaving.

A witness. I have known him seventeen years.

Q. What is his general character?

Answer. He is very honest and just, he pays every body twenty shillings to the pound; he has carried lords and ladies, and when he could not get work he went to coal-heaving; I once belonged to a ship; I have known sweepings to be given to the mate; it a customary thing in the river Thames.

Q. What do you call sweepings?

Answer. That which is trod under foot, and not fit to be put into the cask again, for fear it should spoil the rest; if the officers thought it would pay duty they would never leave it there, but carry it to the Custom-House.

Q. Suppose there is a great quantity of sugar on board, and before the sugars are delivered, and some falls to the ground without being trod upon, would you call that sweepings?

Answer. No! no! I don't call that sweepings: that is to be put into the cask again.

Neal. I have a great many witnesses in court for me, but I am afraid they are gone home.

Ford guilty 39 s .

Neal Guilty .

[Transportation. See summary.]

104. (M.) Celia Scott , spinster , was indicted for stealing one pewter chamber-pot, value 4 s. the property of John Girdler , Jan. 8 . ++

Martha Girdler . I am wife to John Girdler , we live near the Seven Dials ; I missed a pewter-chamber-pot from off the stairs; the prisoner worked for a lodger of mine, and had come down the stairs a little before we missed it; we took her up and charged her with taking it; she confessed she had taken it.

Thomas Woodard . I am constable: I had the prisoner in charge; she confessed she had stole the chamber-pot, and took me to her lodgings in Holbourn, where the pot was in a closet.

Prisoner's defence.

I worked in the prosecutrix's house with a lodger there; I was coming down stairs and wanted to carry a little water home, so took that pot; but did design to bring it again.

Guilty .

[Transportation. See summary.]

105. (M.) Samuel Dunthorn was indicted for stealing one perriwig, the property of John Foster , value 10 d. and five other perriwigs the property of persons unknown, Jan. 17 . ++

Thomas Grindey . I am a Perriwig-Maker; the prisoner came to work with me on Friday last, and yesterday morning he took an opportunity of slipping away; I desired my apprentice to examine the wig-boxes; he found two wigs missing, the property of my customers, but I do not know the owners christian names; when we took him up in Middle-Row, we found six upon him; they all belonged to customers of mine and were taken out of my shop; but I only know the christian name of Mr. Foster, his name is John.

Q. What was his wig worth?

Thomas Grindey . That was worth ten-pence.

William Clark . I stopped the prisoner in my shop in Middle-Row, and sent for the prosecutor. The prisoner was charged with stealing six wigs out of his shop; the prisoner confessed he did.

The prosecutor's apprentice confirmed that of his master.

Prisoner's defence.

As the wigs were found upon me I have no more to say, only I beg pardon.

Guilty 10 d .

[Transportation. See summary.]

106, 107. (L.) Sarah Martin , and Mary Maguire , spinsters , were indicted for stealing 28 yards of livery-lace, value 10 s. the property of Robert James , Dec. 3 . *

Robert James. Upwards of a month ago, I lost a board of livery lace; I made strict search throughout my shop, and could not tell which way it went; some time after that, came Turnis the evidence, and a man with him; they ask'd me if I did not lose a parcel of livery-lace; I said I had; Turnis said he was the instrument in taking it, they desired I would go before Justice Welch; I went; there I saw the lace as I believe; I said I could not positively swear to the lace, as there were other lace much like it; I then said, and so I do now, I believe it to be mine.

John Turnis . The two prisoners and I were going by the prosecutor's shop; this livery-lace stood against the window, where the glass was brook; there was one Terry Smith with us; he took the lace out and gave it to one of the girls at the bar.

Q. What were you walking about the streets to do?

Turnis. To see what we could get: the two girls went to sell it at a Cook's-shop in St. Giles's, and left Terry Smith and I in the Bowl-yard; the mean while they came back, and told us the lace was stopp'd; I saw no more of it 'till it was brought to Justice Welch's house by the Cook-woman.

Mary Riley . I was serving people with victuals in my shop; somebody brought some lace in; it was stopp'd by many people that were there, but I can't swear to the faces of the girls.

The prisoners in their defence said they knew nothing of it.

Both acquitted .

108, 109. (L.) Robert Crawley , and Rose Egan , otherwise Stubbs , were indicted: the first for breaking and entering the dwelling-house of Thomas Pearson , on the first of December , about the hour of six in the night, on the same day; and stealing 18 linnen handkerchiefs, value 18 s. the property of the said Thomas : and the other, for receiving one linnen handkerchief, part of the said goods well knowing it to have been stolen . *

John Quarington . I am servant to Thomas Pearson : about the beginning of last December at near six at night, I was in the shop and saw some goods move in the window; I went out immediately, and saw the window was broke, and some linnen handkerchiefs about half way out; I went immediately and acquainted my master with it; upon which he went out and saw them in the manner described; some little time after Justice Welch sent a Constable, and the evidence Turnis; I went to the Justice's and heard Turnis examined; he said he broke the window with a half-penny, and took out eighteen handkerchiefs; and Crawley and he sold them to Rose Egan.

John Turnis . As Crawley, Terry Smith, and I were going along by the prosecutor's window, I saw the handkerchiefs lying.

Q. When was this?

Turnis. I can't tell the month when it was.

Q. What was you going upon?

Turnis. We were going about to see what we could get; I took out a half-penny and broke the window; then Terry Smith took the first piece of handkerchiefs, and I took the rest.

Q. What time of the night was it?

Turnis. It was about six in the evening.

Q. What sort of handkerchiefs were they?

Turnis. They were check linnen handkerchiefs, nineteen in all, there was one deep blue flowered one.

Q. What did you do with them?

Turnis. We carried them over the way to Robert Crawley , and gave them to him; then we went to the prisoner Stubb's house, where we used to lie; she was not present at the time of our dividing them; after that I sold her that deep blue one for a shilling. I had all my share, which was fix tied up in it; after that I gave Robert Crawley a shilling for his six, because he said he would not go about to sell them.

Egan. When I bought that handkerchief of him, he said he bought them for his own use; and I gave him the full value of it.

Quarington. Turnis on his examination said, that Egan told him to bring what he would, she would always buy it of him.

Q. What did Turnis say to Crawley?

Quarington. Turnis charg'd, him and he did not deny the fact; Egan denied there to have received any handkerchief.

Both acquitted .

110. (L.) John Shirley was indicted for stealing 30 dozen of crystal stones for earrings, value 3 l. the property of Richard White , Oct. 16 . *

Richard White. About the Middle of October I imported about two hundred pounds worth of crystal stones for ear-rings, in the Maria Agnette, Henry Clinkart , Commander; when I came to the Custom-House to pay the duty there were nine parcels of them, containing several other smaller parcels; after I had paid the duty, I looked at the package and found it had been opened; and out of a parcel No. 9 I missed forty dozen of stones for earrings; in the Christmas week one Moses Solomon , a Jew, came and offered a sample of these sort of goods in my shop; I suspecting them to be mine; I told him they were worth more than they really were; and offered him something for himself if he would bring the whole of them, and the person he had them on, that I might buy them. On New-Years-Day he brought thirty dozen, but did not bring the man; I wanted to know who he had them of: (believing them to be mine) I charged the constable with the Jew, to find out the man that sent him; he would not for a good while tell where he had them; but after a good deal to do, he said they were left for him at the Hare and Punch-Bowl in Lime-street, a publick-house; I ask'd him if the man was not waiting there for the money for them; he said he could not tell, but he believ'd he was; I went there with the Jew and constable; the Jew and I agreed, going along, for him to go up to the man and tell him I bid him so much money for the goods; there we found the prisoner by the kitchen fire; the Jew did his message; the prisoner said he could get more money for them; I ask'd him if he was the person that own'd the goods; he answered yes, and he gave them to the Jew to sell; then I charged the constable with him; but withal I told him, if he would tell me where he had the goods I would let him go. He would give no account how he came by them; I took him before the siting Alderman; there he could give no account; so he was committed; they are a very particular sort of goods, and very hard to come at in London; and they were offered to me at a price less than what we sell them at.

Q. Can you say they are your goods?

White. I don't swear to them, but I really believe they are mine.

Cross Examination.

Q. Where had you the goods from?

White. I had them from Holland.

Q. Had you seen them before they were lost?

White. No.

Q. Where were they lost from?

White. They were lost in the passage from the ship to the Custom-house, I imagine.

Q. Are you sure they were not lost on board the ship?

White. I can't tell that; my having lost such goods, and these being brought me to sell, made me desirous to trace it out.

Q. How do you know you lost such goods at all?

White. I had an envoyce that such goods were shipped on board such a ship; and when I came to examine the goods, I found such good were missing.

Q. Is it not possible such goods might be lost in Holland?

White. It is possible, but not likely.

Q. What did you charge the prisoner with before Mr. Alderman Stevenson?

White. There I charged him with buying them, knowing them to have been stolen.

Q. Had you any evidence of that?

White. No.

Q. Did not you say there you imagined some custom-house officer took them?

White. I do not charge any body with taking them, though I really think them to be my goods.

Thomas Smith . I am a constable; I was charg'd with the Jew, and after that with the prisoner at the bar; I carry'd him before the sitting Alderman; he could give no account; at last, he said he had the goods of a man that was an hundred miles off.

Q. What is the prisoner?

Smith. I do not know: I think he said he deals in buying goods at Exchequer sales.

Acquitted .

111. (L.) Charles Howard was indicted for forging a promissory note, for the payment of 7 l. 3 s. from Benjamin Nash to James Cockerham , or order, with intention to defraud Benjamin Nash , Sept. 18 . *

Joshua Cooch. Here is a receipt, I saw Mr Nash write it, dated August 22, 58. Producing it.

Q. Look at this note (the note on which the indictment is founded).

Cooch. (He looks at it) I don't think these are alike; here is ss to Nash on this, and he writes his name with a single s.

Q. Have you seen Mr Nash write often?

Cooch. I have twice.

Q. Are you a judge of writing?

Cooch. Yes.

Richard Freeman . I gave this note to Mr Matthew Hooper , to receive the money for me; and I received it of the prisoner at the bar.

Q. What is the prisoner?

Freeman. He is my taylor ; he told me he wanted a little money, and ask'd me to give him the money upon it, which I did.

Q. Who is it made payable to?

Freeman. It is made payable to James Cockerham ; it is indorsed by Cockerham to Howard; and by Howard to me.

Q. Do you believe the prisoner received it of Cockerham?

Freeman. I believe he did; I believe him to be a very honest man: I believe if he had known it to have been forg'd, he would not have paid it away.

Q. Who is Cockerham?

Freeman. I know nothing about him.

Acquitted .

112. (L.) William Catton was indicted for wilful and corrupt perjury . *

Acquitted .

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

To be transported 14 years, 5.

Martha Goff , Elizabeth Wills , Elizabeth Sharp , Henry Feathers , and Connell Neal.

To be transported 7 years, 23.

Thomas Broadhead , Sarah Garland , Jane Dutton , Catherine Ascue , William Cordue , Sarah Green, Mary Bowden , Thomas Lewis , William Haynes , John He ath, Eleanor Dayland , Mary Laws , James Willes , Elizabeth England , Elizabeth Pindar , Edward Cleaver , Anne Gyles , otherwise Friday, Margaret Watkins , otherwise Ware, John Smith , Joseph Blaze , Richard Ford , Celia Scott , and Samuel Dunthorn .

Just Published, Price bound 8 s.

(The Third Edition corrected)

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