Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 28 July 2014), May 1759 (17590530).

Old Bailey Proceedings, 30th May 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 30th, Thursday the 31st of MAY; and Friday the 1st of JUNE, 1759.

In the Thirty-second Year of His MAJESTY'S Reign. NUMBER V. for the YEAR 1759. Being the fifth 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: Sir MICHAEL FOSTER , Knt. *: Sir SYDNEY STAFFORD SMYTHE, 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 trial; also (L.) (M.) by what Jury.

London Jury.

Laurence Giles

John Scot

William Adams

Samuel Keeble

Francis Allum

John Westgarth

James Hammond

John Beard

Joseph Smith

Isaac Munt

Hammond Terry

Frederick Nicholls

Middlesex Jury.

James Bagnell

Thomas Greening

William Cubbidge

William Kitchen

Francis Dechamps

Joseph Sutton

John Millan

Thomas Field

Daniel Mason

William Poitier

Joseph Francis

John Legg

178. (M.) Ann, wife of Thomas, True was indicted for stealing two linnen sheets, value 4 s. one mahogony tea-board, value 12 d. and one flat iron, value 4 d. the goods of Samuel Fox , April 17 . +

Alice Fox . My husband is named Samuel; I live in Great Warner-street, Clerkenwell ; I let a lodging room ready furnished to the prisoner at the bar.

Q. When?

Fox. Ten weeks ago last Monday.

Q. Did you lose any part of the furniture the time she was there?

Fox. I did: A pair of sheets, a mahogony tea-board, and a flat iron.

Q. Have you found either of them again?

Fox. I found a sheet and the flat iron at one Mr Martyn's a Pawn-broker; and the other sheet at Mr Coy's; and the tea-board at Mr Packer's.

Q. By what means did you find them?

Fox. The prisoner confess'd she had taken and pawn'd them at three several places, and went with us, and call'd for them, and they where produc'd accordingly.

Q. Has the prisoner a husband?

Fox. Yes; but she said he was not concerned in taking away the things.

Jos. Packer. I live at Mr Watson's a Pawnbroker at the corner of Leather-lane, he produc'd a tea-board. This I think the woman at the bar pawn'd to me, but I am not sure.

Q. Do you remember her coming again to fetch it out?

Packer. I do. That I know was the prisoner; the constable and prosecutrix were with her.

Q. Did she then say she had pawn'd it with you ?

Packer. She did.

Q. to prosecutrix. Look at this tea-board.

Prosecutrix. This is my property.

William Ward . I live with Mr Coy a Pawnbroker (he produc'd a sheet). I think I took this in of the prisoner at the bar.

Q. Do you remember her coming with the constable for it again?

Ward. I do. She ask'd for a sheet that she had brought, and I produc'd this.

Prosecutrix. This sheet is not mark'd; but mine were of the same kind, and the prisoner acknowledg'd it, and the other to be mine.

Thomas Martyn . He produc'd a sheet and flat iron. These I had of the prisoner at the bar. She pawn'd them in the name of Ann True . She came again along with the prosecutrix and constable and demanded them, and I let her have them. I have compared this sheet to the other here produc'd; they are fellows.

Q. to prosecutrix. Look at the flat iron; do you know it?

Prosecutrix. I do by three letters that are upon it.

Prisoner's Defence.

I pawn'd these things out of necessity to pay for my lodgings.

Guilty 10 d.

179. (M.) Isaac Silver was indicted, for that he, on the 22d of May , about the hour of one in the night on the same day, the dwelling-house of John Mayne did break and enter, and stealing one brass pot, value 10 s. one brass kettle, value 5 s. one bell-metal pot, value 2 s. one brass stew-pan, value 2 s. and one copper sauce-pan, value 12 d. the goods of the said John, in the said dwelling-house . +

John Mayne . I keep the Ship and Shears in the Match-Walk in Shadwell . I am a Tides-man . I had laid on board a vessel, and came home on the 23d of this instant May, about 9 o'clock in the morning, I found my door that opens out of the cellar into the street was broke open.

Q. How was it broke?

Mayne. I believe it was cut with a key-hole saw into part of the frame-work, by which means there was a hole to put in a hand to draw the bolt back. We miss'd a large boiler or pot, a kettle, a bell-metal pot, a stew-pan, and a copper sauce-pan.

Q. Does that cellar communicate with the dwelling-house?

Mayne. It does; it is under the house, and a door opens up into the house above.

Q. What reason have you to suspect the prisoner at the bar in taking the things you mention'd ?

Mayne. I went the next day to justice Fielding, and gave him three shillings to advertise it. After it was advertised came two men and ask'd me to describe the things lost; which when I had done, they said they had found part of them. They told me where to go to see them. I went next morning accordingly to justice Palmer, there I found part of the goods and the prisoner.

Q. Did you charge him with taking the goods?

Mayne. I did, but he would not own it.

Q. Did you ever see the prisoner before?

Mayne. I think. I have seen him go by my door before.

Ann Turner . I live in the house, I know all the things where safe over night, after 10 o'clock.

Q. Did you see that the door that opens into the street was fast?

Turner. I fastened that door myself, before it was dark, and went down again after 10 to see if it was fast, and found it so.

Q. Where were these things that were lost?

Turner. They were all in the cellar at that time.

Q. When did you first know of the door being broke open?

Turner. About 6 the next morning. A man that lay in the house got up first, and found it broke open, and he came and call'd me. I came down and found it so.

Q. How was it broke?

Turner. It seem'd as if a gimblet had been bor'd in it in two places, and then the wood cut out, and the bolt was pushed back. After I saw the door open, then I looked about and missed the things directly.

Q. What did you miss?

Turner. I missed a large pot, a bell-metal pot, a kettle, a sauce-pan, and a stew-pan.

Thomas Townsend . I stopp'd the prisoner with those things, a kettle, a stew-pan, and a saucepan produc'd.

Q. What are you?

Townsend. I am a cordwainer.

Q. Where did you stop the prisoner ?

Townsend. At my father's house.

Q. What is your father?

Townsend. He is a cordwainer. The prisoner had sold my father some skins, which we suspected afterwards to have been stolen, so I had been about to look for him; but he came again to sell these things to my father, and I stopp'd him.

Q. Where does your father live?

Townsend. He lives in Kingsland Road, Shoreditch.

Q. How comes it, your father being a Shoemaker, to deal in such things as these?

Townsend. He deals in a small brokery way. I told the prisoner he should give an account how he came by these things; and also the other things he brought before. He told me these things where his own, and he insisted upon it to be let go. I charg'd an officer with him, and the next day I saw an advertisement describing the things.

Q. to prosecutor. Look at these things produc'd.

Prosecutor. This sauce-pan has a piece in the inside of it, by which I know it. The stewpan has no mark upon it, but I believe it to be mine; mine was of this size. The kettle I am certain is mine; it has been tinn'd, and here is part of the tin remains on it.

Q. Are no other kettles tinned besides your's?

Prosecutor. I never saw one so large as this that was tinn'd.

Q. to A. Turner. Look at these goods.

Turner. The stew-pan and sauce-pan I know very well to be the prosecutor's. The saucepan has a remarkable piece on it; and as to the kettle, I am very sure that is his also. I described it before I saw it, and said it had been tinn'd, and part of the tin was now to be seen.

Q. to Townsend. Do you know what the prisoner deals in?

Townsend. He goes about and deals in old cloaths, as he says, and in this sort of ware, and bits of brass, or brass cocks, and the like. I have seen him about half a dozen times.

Q. He pretends not to understand English very well, did he speak English when you stopp'd him?

Townsend. He did.

Joseph Clark . I am an officer. Mr Townsend sent for me to take charge of the prisoner at the bar. The prisoner was very loth to part with the things, and said, they were part of his own houshold-goods; and his wife also told me the same.

Q. Did he pretend he had bought them lately?

Clark. No, he did not.

Prisoner's Defence

I do not know any thing about it. I bought these things of a neighbour, named Abraham Israel .

Prosecutor. That man is taken and committed, but no bill found against him.

For the Prisoner.

Rowland Jones . I have known the prisoner ever since the year Fifty; he works at turning a wheel for a diamond-cutter , which is hard work; and when he has none of that to do, then he goes on errands for his own people.

Q. What do mean by his own people?

Jones. He is a Jew.

Q. What is his general character?

Jones. I never knew any harm of him in my life.

Q. Did you live near him?

Jones. He liv'd opposite to me.

John Moutlow . I have known the prisoner about six years.

Q. What is his character?

Moutlow. He is a very quiet man; he has behav'd as well as any man in the neighbourhood, and bears the character of a very honest man.

Mary Baynham . I have known him betwixt 8 and 9 years.

Q. How has he behav'd?

Baynham. I never heard any thing amiss of him in my life; he always behav'd very well. I have been with him in several places with his acquaintances. He was always respected. I never heard any harm of him 'till this thing happened.

Guilty of Felony only .

There was another indictment against him, for stealing a quantity of skins; but that being only laid a single felony he was not tried on that.

[Transportation. See summary.]

180. (L.) Thomas Taylor was indicted for stealing two yards of woollen cloth, value 10 s. the property of Isaac Smith , May 20 . ++

Isaac Smith . I am a hackney coachman . He produc'd some cloth. This is part of the lining of my coach. One John More catch'd the prisoner as he was taking it. He can give a farther account.

John More . About 3 o'clock, on a Sunday morning in May. I saw the coach of the prosecutor move, and she window up, as it stood in my master's yard, in Bishopsgate-street. I saw the prisoner come out of the coach with the cloth under his arm, and a hammer in his hand. I took him by his collar when he was come from the coach about 20 yards.

Prisoner's Defence.

I went down the yard thinking it was a thorough-fair, I saw a woman come out of a coach with that bundle, and a man after her; then came two men and laid hold of me, and dragged me down to the ground, and charged me with taking it.

More. There was nobody in the yard but the prisoner and I at the time; and when I took hold of him he begged for mercy, and called out murder.

For the Prisoner.

James Lovelong . I have known him twenty years. I have employ'd him this twelvemonth in making glasses for telescopes . I have trusted him with things of 5 l. value every week. He never wrong'd me, nor I never heard he did any body else.

Eliz. Turner. I have known him about a year; he is an honest man as far as I know.

Jane Spencer . I have known him about four years. I never heard any harm of him.

Susannah Prigg . I have known him almost three years; he work'd for my husband, and was he out we would employ him again. I never heard any ill of him.

Ann Collier . I have known him about a year and half: I never heard an y ill of him.

Guilty .

[Transportation. See summary.]

181. (L.) James Dun , otherwise Roberts , was indicted for forging a bill of exchange, with the name J. Hazard under-wrote, dated Apr. 12. 59. drawn on Mess. Honywood and Fuller, to James Roberts , or order, for the sum of One hundred pounds; and publishing the same, well knowing it to have been falsly made and counterfeited, with intention to defraud John Johnson . ++

John Johnson . The prisoner was formerly my apprentice . I keep a musick shop in Cheapside. He quitted my service about three years ago last February, and went into the navy, and has been at sea 'till within six or seven months. He had not served his time out, and for his wages included, and other accounts, he owed me about 70 l. About the 14th of April last he call'd upon me to make me satisfaction, and gave me this bill of exchange, producing one; it is for 100 l. this was at a Coffee-house. I went home, and gave him a bank note of 30 l. by way of change. I sent my apprentice at the same time to Mr Honywood, to know if it would be paid when due. My young man returned, and said, they told him it was not a good bill; so I sent for a constable and he was committed. I then desired him to return me my bank note, this was at Burton's Coffee-house, Cheapside, he return'd me my note.

Q. What did he say upon that?

Johnson. He said, he did not intend to defraud me; he was obliged to go down to Portsmouth, being Purser of a man of war. He had been in town some time, endeavouring to get a sum of money due to him in the navy, to the amount of 300 l. and upwards, and that he was disappointed, and that he had wrote that bill for fourteen days, on purpose to get the sum of 30 l. to take him down to Portsmouth. He intended when he got there, to get leave to return to London, where he was certain of receiving the money before this bill became due, and he intended to come to me and take up that bill, and pay me the whole 100 l. He had arose by his merit from a secretary's clerk, to be purser to the Fortune Sloop. I had reason to believe he had money due from the Navy-office, he has since paid me my 70 l. and I know not, but if I had not sent about the bill, he might have returned according to what he declared, and have paid me my money before the note had become due. I cannot say, that I believe he intended to defraud me of that money. He was five years with me, and was extream diligent, and was as good a servant as ever lived, 'till he took a fancy to the seas, then he was restless and uneasy. I have heard Admiral Hawke 's secretary say, he behav'd so well, that he preferr'd him to be chief clerk in his office.

Q. Where is that secretary now?

Johnson. I believe he is now with the Admiral in the Bay.

Acquitted .

182. (M). Douglas Wyre was indicted for stealing twelve pieces of brass, value 4 s. and 6 d. the property of John Brasset . +

John Brasset . I am a watch-maker : this lad had three masters before he came to me, I employ many journeymen and apprentices, and can hardly keep my payments, instead of getting before hand; and when I charge them with taking away things, they all agree together not to tell me.

William Hutcherson . I have seen the prisoner cut off my master's brass from off the long slips, eight or nine times, and work it up and sell it to John Hilyard .

Q. Did you ever see him sell it?

Hutcherson. I have went with him, and staid at the door 'till he has came out, and he has told me that he had sold it; I know he told me he had received two shillings for work, of this man, and he has 2 s. due to him still.

Q. What might the value of the brass be that he took away?

Hutcherson. About 4 s. and 6 d.

Cross Examination.

Q. Who is John Hilyard ?

Hutcherson. He is a movement-maker.

Q. Do you ever carry brass abroad to be work'd up?

Hutcherson. Yes, movements to be finished.

Q. How many journeymen has your master?

Hutcherson. He has two.

Q. How long is this ago?

Hutcherson. About four or five months ago; he has ran away since.

Prosecutor. This evidence has ran away twice.

Q. Had you any part of the money?

Hutcherson. I had; but I never carry'd any of the work home; a journeyman told me my master would indict me, or I had not made a discovery of it.

Prisoner's defence.

I never wrong'd my master of a half-penny.

For the Prisoner.

Charles Horn . On Tuesday the 24th of April, my master came into the shop where I and the evidence work; he said he would turn the prisoner out of doors, and then said to the evidence, he would give him a new suit of cloaths, and some other things, if he would swear against him. I am an apprentice to my master, and have been eighteen months: master said he had nothing to alledge against the prisoner, he always gave Wyre a good character. My master and mistress have often said, there was not a viler rogue ever lived than Hutcherson.

Prosecutor. This last evidence is a very careless, saucy, impudent fellow.

Q. to Horn. How much could the prisoner earn a week ?

Horn. He was talk'd at 18 s. a week, and he has got 3 s. over.

Richard Eastmead . I work'd in the house at the time the prisoner was turn'd away, because he came and knock'd at the door at 11 o'clock, and he would not let him in. He turn'd him out of the house, and after that, turned the boy's brother out, that is another apprentice. I heard Mr Brasset tell Hutcherson, that he would give him a new suit of cloaths, if he would swear against the prisoner.

Thomas Brown . I have work'd two years with the prosecutor, and work'd on the same board the prisoner did, and he was very diligent, and did over-work, above what he was task'd at. I heard master say to Hutcherson, he should have a suit of cloaths, if he would appear against another apprentice; but I did not hear him offer it to him, to appear against the prisoner.

William Tattershall . I have known the prisoner five years, I am a watch-maker, he did work with me, his character is good, he is very honest.

Acquitted .

183. (M.) Robert Curry , was indicted for stealing 3 linnen bags, value 3 d. and 300 pounds weight of piemento, value 6 l. the property of John Lesley , the same being in a vessel lying in a certain navigable river, called the the river Thames , May 8 . ++

John Lesley . The piemento was taken out of a lighter lying a-long side my ship, in the Thames; there were seven bags in all, over night, and there were 3 of them about 300 weight, taken away before morning; they were my property.

John Lesby . On the 8th of May, between two and three in the morning; I was watchman in the lighter where the goods were; it was cold, and I was cover'd up; I heard people taking up the tarpauling; I got up, and saw 3 men handing the bags out, and to the best of my knowledge, the prisoner stood upon the gunnel of the lighter, one stood on a cask in the lighter, and the the other was in the boat's bow, (a wherry) they took it from hand to hand. I alarmed the ship, they flew all into the boat, and were shoving the boat off, when I got to the gunnel of the lighter. I call'd to the prisoner by his christian name, to remember I knew him. I threw a hand-spike into the boat, and they took it up and said, d - mn you, kiss my arse, and threw it at me.

Q. What were your words ?

Lesby. I said, Bob, remember I know you; he said nothing; we had no conveniency to pursue them, they got away.

Q. How came you to know the prisoner ?

Lesby. By seeing him work on board our ship; it was moon-light that night.

James Calley . I was on board the ship, and heard the watchman call thieves.

Q. What are you?

Calley. I am an officer. I went and alarmed the ship's company. I saw one man in the lighter, and another on the lighter's gunnel. After I had call'd the people, I look'd again, and saw four of them. I heard the watchman say, very well, Mr Bob, I know you; and heav'd the hand-spike into the boat; and they d - n'd him, and threw it at him again.

Prisoner's Defence.

I am as innocent of this as the child unborn. I went to bed between ten and eleven that night; and lay 'till 7 o'clock; then, when I came down stairs, the maid said to me, I hope your early rising will do you no harm. The next day I went to work again, and they charg'd me with it.

For the Prisoner.

Ann Todd . The prisoner lodg'd at my house, and has this year and half. I live at the three cups at Cole-stairs, Shadwell; he always behaved very well; he came in on the 8th of May at ten at night, he had a rasher of bacon for supper, and went to bed; I believe he lay in bed all night; I take the key of the back-door to bed with me, and I lie over the fore-door; and it cannot be open'd without my hearing of it; it is fasten'd with a great bar and bolt, and no lock.

Q. What are you; a wife, or a single woman?

Todd. I am a widow.

Q. Could not a person open that door, and you not hear it?

Todd. No; the neighbours four houses off might have heard it, it makes a great squeaking; and besides it must have been left unbolted, and there is a watchman that knocks every time he comes by the door.

Frances Broad . I am servant to Mrs Todd. I saw the prisoner go up to bed that night, and saw him in bed, and took the candle from his bed-side. I saw him the next morning come down about 7 o'clock; I said to him, I hope your early rising will do you no harm.

Q. to Mrs Todd. Have you any more lodgers in the house?

Todd. Yes, the next witness is one.

Eleanor Gascoyne . I lodge in Mrs Todd's house. I saw the prisoner come in on the 8th of May, at ten at night, and had a rasher of bacon for supper, and went to bed about eleven; his room door was open, and when I came by his door to go out to work, about a quarter before six, I saw him lying in bed.

Q. to Frances Broad . Did you shut the door after you, when you took the candle away?

F. Broad. The door commonly stands open.

Q. Does it stand open in the day-time?

F. Broad. Yes.

Q. Who lets him out?

F. Broad. I do; I always get up by 5 o'clock.

Joseph Fish . Mrs Todd is my daughter; I live just by, and I go for about an hour or two to assist her in her business, in a morning, she keeps a public house; I saw the prisoner come down stairs the morning after the crime was laid to his charge, about 7 o'clock; he is a very honest man.

Q. to Watchman. What time do the people come to work on board?

Watchman. Between six and seven o'clock.

Serjeant Evans. I have known the prisoner ever since the year Fifty-five, he belongs to the Cold-stream regiment, the second regiment of guards. He has behaved himself extreamly well, he is a working man, I never saw him in liquor since I knew him.

Susannah Elvey . The prisoner lodg'd with me two years; he behaved very civil, and very just and sober, and regular as to his hours.

Susannah Elvey . I am mother to the last witness: he always behaved honest and well, I have trusted him with things, and would again, was he out.

Thomas Banks . I have known him many years, he is a very honest man.

Acquitted .

184. (L.) John Walker was indicted for stealing ten ounces of silk, value 20 s . the goods of William Wilberham , May 15 . ++

William Wilberham . I am a weaver , and live in Primrose-street. On the 15th of May, a journeyman of mine came and told me, of the prisoner robbing me of silk at divers times: I us'd to put confidence in him, and let him have the liberty to go into my ware-house, he work'd for me at his own house. They can give a farther account.

Mary Hays . I never was in Mr Wilberham's house in my life, 'till I went and told him of this thing. The prisoner work'd in my house, for fifteen or sixteen months, for Mr Wilberham, he had a wallet hung up behind his loom. My husband in looking for a buckle that was missing, he came to me and said, he saw five bobbins in the wallet. I went to make this man's bed, I felt in the wallet, and found it of a great weight, I took out one bobbin. On the next day, my son, the prisoner, and others, went out in the evening; then I bolted the street-door, and went and took down this wallet, and in a napkin were twenty bobbins of silk, some white, some orange, and some pale yellow. I compared the mark of the bobbins, with that mark of those that hung upon his work. After that, I let it pass on 'till the twenty-fifth of February, then my husband and I were alone; I put my hand in the wallet, and found two bobbins that came between the Monday and Thursday, this is it, producing one.

Q. to Prosecutor. Look at this?

Prosecutor. It is my property, he never used to take such colour of me to work.

Hays. I do not know, that there was a day, but I put my hand under it to see if it was taken away, and it was taken away the first Friday in Lent; there were twenty-two in the whole, and twelve skains of yarn. I know nothing what became of the other bobbins.

Prosecutor. I talk'd with Walker, but he denied it, and so he did before my Lord-Mayor. Twenty or thirty of these bobbins weigh about a pound.

Cross Examination.

Q. Do you work for the prosecutor?

M Hays . I do.

Q. When did you discover this?

Hays. On the 18th of February.

Q. How came you not to acquaint him with it before the 15th of May?

Hays. I was cautious of either hanging or transporting of him; so I let the prosecutor know by another person, and Mr Wilberham insisted on knowing who told him. Then he said it was from me. He having a good opinion of him could hardly believe it. After that, the prisoner was pleased to say, My husband was jealous of him, upon which account we made that report.

Q. Had you any quarrel with the prisoner ?

Hays. No; only he had said he could have me whenever he pleased, but he did not like me.

Q. Do you know Sarah Evans ?

Hays. I do.

Q. Had you not once some conversation with her about the prisoner ?

Hays. I have never seen her since Ash-Wednesday, 'till I saw her here.

Q. Did not you say to her, you would either hang or transport him, because he has spoke slighting of you?

Hays. No never. She was the person that inform'd me of his speaking slightly of me. I said I was sure he never did, for I never left it in his power. I look'd on her feet, and saw she had hardly any shoes on. I said I would buy her a new pair of shoes, if she would prove to Walker's face, what she had said; but by the virtue of my oath, I never thought of it coming here.

Q. to prosecutor. Did the prisoner always return you a faithful account?

Prosecutor. I never knew of any want but once.

Nicholas Hays . I am husband to Mary. I saw five bobbins in the prisoner's wallet, but did not take much notice of them.

Prisoner's Defence.

I believe they had as good an opportunity of taking things as I had.

For the Prisoner.

Sarah Evans . Mrs Hays came to where I work. There happened to be some dispute between her and Walker about an affair; she came to ask me if I had heard of it.

Q. What was that?

Evans. It is a ridiculous speech; I am ashamed to speak it.

Q. What were the words ?

Evans. It was given out, that he should say, That she was B - d. And she said, she would sell her so the D - l, but she would be reveng'd him; and if I would stand by her she would give me half a crown, and a new pair of shoes.

John Hailey . I have work'd for several Weavers; I have had an opportunity, from time to time, of keeping a bobbin or two without stealing of it.

Diana Prichard. Mrs Hays came to me about two or three hours after I was delivered and laid in my bed. Evans work'd and liv'd with me. They began a discourse about the prisoner at the bar. Evans said John Walker had said, he could have to do with her when he pleased. Mrs Hays, with a great oath said, if Evans would stand by her, she would be revenged of him above all men in England; and offer'd her a new pair of shoes, or the price of a new pa ir, if she would stand by her.

Nicholas Hays . Sarah Evans 's evidence is good for nothing; for I have catch'd the prisoner at the bar on my bed along with her.

William Doran . I have known the prisoner 14 or 15 years; he always bore a good character.

Henry Constantine . I keep a Publick House in Bethnal-Green. I have known the prisoner about a year and half; he has the character of an honest man, and I believe him to be such.

Sarah Kennedy . I have known the prisoner above two years; he has a very good character.

Mrs Redman. I have known him upwards of four years; I never heard to the country but that he is an honest man.

Acquitted .

185, 186. (M.) Elizabeth Wynt and Mary More , widows , were indicted for stealing 12 guineas , and one half guinea , the money of John Burnet , April 29 . ++

John Burnet . I met with the two prisoners in Swan-Alley, near Rosemary-Lane; they took me promilcuously into the house of Sarah Holland ; and one by one arm, and the other by the other, haul'd me up stairs. I was a little drowsy; I lay down on the bed with Wynt, and More went down stairs. I slept, I believe, about two hours, and when I wak'd she and all my money was gone, 12 guineas and a half in gold.

Q. What are you?

Burnet. I am a seafaring man .

Sarah Holland . The prosecutor brought these two prisoners into my house. Wynt and he lay on my bed. After some time Wynt came down in her shift, and left her stockings and shoes in the room, and ask'd for More, and they went away together. I observ'd he had but one shilling, besides gold, which he sent for a quartern of Rum, and they got the other sixpence. They were taken up and committed; and I have been in Bridewell two months last Wednesday.

John Green. I am the officer that took up the two prisoners. They are very bad women. So is Holland. Wynt confess'd to me, she took the prosecutor's purse out of his pocket with 8 guineas in it. I ask'd her what she had done with the rest of the money, and the 50 l. Bank note. She said she saw nothing of the note; but said she had six guineas, and six half guineas, which makes 9 guineas; and that she left it at a publick-house. She deliver'd me the purse. Produc'd in court.

Prosecutor. My purse was like that, I believe it to be the same.

Q. to prosecutor. Had you a 50 l. Bank bill with the money?

Prosecutor. I had: it was under my money in the purse. I never saw it since.

Q. When had you seen that last?

Prosecutor. Not above a quarter of an hour before.

Wynt guilty , More acquitted .

[Transportation. See summary.]

187. (M.) Thomas Ludlam was indicted, for that he, on the King's highway, on George Ross did make an assault, putting him in corporal fear, and danger of his life, and taking from his person one worsted purse, value one penny, and one half guinea, and 18 d. in money, number'd , his property, May 11 . ++

George Ross . I was a soldier , and was wounded in America, and have an out-pension from Chelsea Hospital. The prisoner happen'd to meet with me near Kensington on the 12th of May. I ask'd him the road to Amersham in Buckinghamshire. He said he would put me in my way. We went in at the White Horse near Shepherd's Bush. I intended to give him part of a quart of Beer; but I gave him part of six or seven quarts. He said he would get me a bed at a house that he would direct me to. On the road he wanted me to give him 3 d. I told him I would not. Then we got a little wroth with one another, and wrestled among the nettles.

Q. Where was you then?

Ross. About a mile and half from Shepherd's Bush. This was betwixt six and seven o'clock. Then I saw him so quarrelsome I was going to give him 6 d. to be quit of his company. When I was taking my purse out of my pocket I turn'd a little about. He snatch'd the purse out of my hand and ran away. He fell down. After that I happen'd to fall down. He got up and went through a gap of the hedge and ran away. I went back to the White Horse, and told the people what had happen'd, and some men desir'd me to stay 'till they came back. They went. One of them came back and told me they had taken him. Then they brought him back, and he was brought to Hammersmith and sent to the cage. The next day he was carried before justice Beaver. I had in my purse half a guinea in gold, and 1 s. 6 d. in silver.

Q. Was you put in fear?

Ross. I can't say I was. I was a little in liquor, but knew what I did.

Q. Did he ask you to deliver your money?

Ross. No. He just left me without a farthing to bless myself with. I never got it again.

Thomas Brotherton . I was going to the White Horse to get me a pint of beer, the prisoner and prosecutor were drinking. The prosecutor paid for all; he shew'd a half Guinea, and the prisoner saw it and laid his finger on it, but he gave it the prosecutor; then we desir'd it might be wrapp'd up in a piece of paper, which was done; and in about an hour and half after, the prosecutor return'd, and said his brother-soldier had taken all his money away from him; and that he was going a great way, and was money-less: then I, and others, went out and took the prisoner; we found no money upon him; but we met with a man, who said he had about four minutes before chang'd the prisoner half a Guinea.

Thomas Riggs . I was at the taking the prisoner.

Prisoner's Defence.

When I first saw the prosecutor, I was going from Chelsea to Kensington, about half an hour after two o'clock, in the afternoon; he desir'd I would show him the way to Buckinghamshire; he was going to Amersham. I said, I will put you into the road; then he said he would treat me; we came to an ale-house, call'd the London Apprentice; there he treated me with a pot of beer, and after that another; then I took him through Kensington to the road; then we went on to the white horse; there he call'd for six or seven full pots of beer, and was very drunk; then I went to part with him at the door; he wanted me to go with him a little farther. After we parted, he went back, and said I robb'd him; he was much in liquor, and fell down in the dirt, and daub'd his cloaths.

For the prisoner.

Virtue Prusia. The prisoner lodg'd with me; he behaved well, honest, and sober.

A Witness. I have known him ever since he came from abroad, in the late expedition; I have trusted him with five or six pounds at a time; he always behaved honest.

A Soldier. I am corporal in the regiment to which the prisoner belongs; I have known him nine years; he has behaved extreamly well that time.

Mrs Parsonage. I have known him a little above a year; he lodg'd with me, and behaved very honestly.

Guilty of Felony only .

[Transportation. See summary.]

188, 189. (L.) Ann Saunders spinster , and Mary Thurston , were indicted, the first, for stealing one blanket, value 6 d. one petticoat, value 6 d. five pair of womens shoes, value 12 d. one camblet cloak, value 6 d. one pair of stays, value 3 d. and one linnen shirt ; the goods of John Imeson ; and the other for receiving the same, well knowing them to have been stolen ; April 27 .*

John Imeson. Ann Saunders was my servant ; she took several things, my property, out of my house; besides what is laid in the indictment.

Q. How do you know that ?

Imeson. She has confessed it, and own'd every thing that was done; and we found some of the things according to her directions.

Q. When were the prisoners taken up?

Imeson. We took them up on the twenty-seventh of last month; Thurston was a neighbour; she liv'd about twenty yards from my house, in a little alley; Saunders own'd she had given shoes and other things to Thurston; we search'd her house; there I found a blanket on her bed, a petticoat of my wife's, and part of my wife's cloak, which the prisoner had cut up; I found a pair of shoes also on her feet; (produc'd in Court, and depos'd to) I found also two pair of shoes at a pawn-broker's, (name Masters) one a pair of everlasting, the other girls pumps; and a pair of stays, and one shirt. Produc'd in Court, and depos'd to.

Q. What are you?

Imeson. I am a shoe-maker : I found also two pair more of shoes at another pawn-broker's. (name Ripley) Produc'd and depos'd to.

William Masters . (he looks at two pair of shoes, the stays, and shirt) These were pawn'd to me by Mary Thurston .

John Ripley . Mrs Thurston's daughter brought two pair of shoes to me, one on the seventeenth of April, the other on the nineteenth.

John Twycross . I am constable: I went with Mr Imeson, with a search-warrant, to search Thurston's house; we found a blanket, a petticoat, a cloak cut to pieces, and a pair of shoes on her feet; and the other things we had from the pawn-brokers, which are here produc'd; she said she had the shoes from out of the country; from her brother in the country.

William Cheltenham . I had us'd to see the prisoner Saunders go backwards and forwards from her master's house, to the house of the other prisoner; may be, four or five times in an hour, in a morning; with something in her apron; I mistrusted she had no good design; I told it to a neighbour, and he to the prosecutor, upon which it came out.

John Furnish . The last witness having some suspicion of Saunders, told me of it. I told the prosecutor, and he tax'd the prisoner Saunders; after which, he sent for me. There was Saunders crying; I heard her confess she had taken a great many pairs of shoes, besides other things, her master's property; and that she had gave some of them to the other prisoner.

Joshua Perkins . After this discovery was made; I was with the prosecutor, and others, when Thurston was taken up; I saw a pair of shoes on her feet, which the prosecutor own'd; the blanket and other things found.

Saunders's Defence.

I did confess it.

Thurston's Defence.

Saunders came to my house, and ask'd me if I would buy a pair of shoes; I bought them of her for half a crown; then she desir'd me to pawn some for her; and said her father was a shoe-maker, and her mother lay-in and was in great distress; I did not know where she lived; she brought the petticoat and blanket, and said she brought them from the country, and desir'd I would let them be at my house.

For Thurston.

Elizabeth Ashley . Ann Saunders came in one morning, and said, she had got some more shoes come from her father; and desir'd Thurston to pawn them for her, but not to sell them.

Q. When was this?

Ashley. This was about four days before they were taken up; but I never saw any shoes.

Richard Roberts . I have known Thurston better than eight years; I never heard any thing bad of her, and always took her to be an honest woman.

Isabella Chickley. I live in Bridewell Precinct; I have known her some years; I never knew her guilty of any ill; I fear she is drawn away by this false girl.

Elizabeth Darling . I have known Thurston about eight years; I have trusted her, and she has paid me honestly; she has sat up and work'd two or three nights in a week to get her bread.

Q. How do you know that? What was her business?

Darling. She us'd to scrape lint for the army; she bought the rags of me; she has told me she has work'd all night; and I have known by the quantity of work she has done, it must be so.

Jane Gibson . I have known her betwixt seven and eight years; she is a very sober person, to the best of my knowledge.

John Edwards . I have known her upwards of eight years; she has been always honest; I never knew her to wrong any body.

Sarah Edwards . I have known her thirteen years; she always had a just character; one that endeavoured to get her bread honestly.

Thomas Tompkins . I have known her about eight years, or upwards; I never knew nothing of her but what was honest.

Both Guilty .

[Transportation. See summary.]

190, 191. (L.) Ann Saunders a second time, Mary, wife of James Paul , and Martha Jones , were indicted for stealing six pair of leather shoes, value 10 s. one pair of boys leather shoes, value 6 d. one pewter plate, value 6 d. one brass candlestick, value 3 d. and one pair of ruffles, value 3 d. the goods of John Imeson , April 27 .*

John Imeson. Mary Paul came to wash for me, and she brought Martha Jones with her to help her forwards, in the morning before the family was up. And when Ann Saunders made her confession, she said, she gave them the things. I went with others, and search'd on the 27th of April last, and found five pair of shoes in Martha Jones 's apartment, and a pewter plate, an old brass candlestick, and a pair of ruffles. She was a lodger to Mary Paul . And we found two pair of shoes in Mary Paul 's apartment.

Q. What account did Jones give of herself?

Imeson. She said Ann Saunders perswaded her to take the things. The goods produc'd in court and depos'd to.

John Twycross . I was at the taking up of Mary Paul and Martha Jones . We search'd, and found five pair of shoes, a pewter plate, a brass candlestick, and a pair of ruffles, in the apartment of Jones. She said Mary Paul and the maid gave them to her, to bring home. And Paul said, the maid gave them to her to give to Jones, for Jones to carry home.

John Furnish . After the maid was taken up, she confessed, in my hearing, that she had given these things to the two other prisoners, but could not tell how many pair of shoes she had given them.

Joshua Perkins . After Saunders the servant-maid was taken up, she own'd the whole affair. We went and took up the other two prisoners; and in Jones's apartment we found five pair of shoes, a brass candlestick, a pewter plate, and a pair of ruffles; and in Paul's apartment we found two pair of shoes; and she own'd, she had had a third pair, which she had given away. I ask'd them how they could serve their master so, they said, the D - l was in them. I ask'd the maid, how she could give her master's goods away so? her answer was, Easy got, easy gone.

Mr Cheltenham. I saw the shoes after they were found.

Saunders's Defence.

They perswaded me to take the things away.

Jones's Defence.

I never ask'd her for any thing in my life; nor had I any conversation with her. She was a stranger to me.

Paul's Defence.

Ann Saunders over perswaded me to take the things; and told me, I should come into no danger.

For Jones.

Thomas Hunt . The prisoner Jones work'd for me about a year and half.

Q. What is your business?

Hunt. I am a thread-throwster; she doubled for me; I was very much surpriz'd, when I heard she was taken up for such a fact as this. Mary Paul work'd for me likewise; she said to me, she was very sorry she had brought Jones into this scrape. Jones behaved herself very honestly to me, and was she out of trouble I would employ her again, having some confidence in her honesty.

Julian James . I have always look'd upon Jones to be very honest; she has dealt with me ever since she work'd for Mr. Hunt; I believe she was drawn into it by Paul.

Sarah Flavel . Paul and Jones are two honest creatures.

Mary Eginton . Jones lodg'd with me some time; I trusted her in my house; I never knew her to wrong any body of the point of a pin.

Samuel Gosling . I did keep a publick house some time ago; Jones us'd to come to my house; she behaved herself very sober, and very honest; I never saw any harm by her.

All three Guilty .

[Saunders Paul:Transportation. See summary.] [Jones:Branding. See summary.]

192. (L.) Martha Dollings , otherwise Mason , spinster , was indicted for stealing one pair of leather shoes, value 3 s. 9 d. the property of John Knight , May 3 .*

John Knight. I was at my warehouse and sent for home; then I was show'd a pair of shoes, my property, and the prisoner at the bar, whom they had secur'd. My lad can give a farther account. I can say nothing as to the taking the shoes. There was another woman with the prisoner, an old offender, one of a very bad character, sister to the prisoner, but we did not search her. I have made it my business to inquire the character of the prisoner since, and have heard a good character of her.

Thomas Hildrop . The prisoner at the bar and another woman came into my master's shop on the 3 d of May. She said she wanted to be fitted for a pair of shoes. I desired her to walk backwards, because we keep our womens shoes there. I tried one pair on, they seemed to fit her very well. She complained they were too long, so I tried on another pair. She said the same of them. While I was looking for another pair, I happen'd to turn my head round, and saw her take a pair of shoes and put them under her cleak. Then I said we have none will fit you. She ask'd when she must come again, I said in two or three days. Then I call'd my young master. As she was going out of the shop I tapp'd her on the shoulder, and said, Mistress, you have got a pair of shoes. She said she had not. I brought her into the middle of the shop, and said, I desire you will give them to me. Then she pull'd them out from under her cloak.

Prisoner's Defence.

As I went into that shop I pick'd up a pair of shoes, and put them under my arm, but not with an intent to bring them away.

For the Prisoner.

Philipi Croucher. I live in the parish of Christ Church, Surry. My husband keeps a Shoemaker's shop. I have known the prisoner ten years. She once lived servant with me about a year. I never knew any ill of her in my life. I believe what she has done is through necessity, having two children, and but twenty-two years of age.

Elizabeth Preter . I have known the prisoner some years. I never heard any thing ill of her in my life. I have trusted her in my house many times.

Q. Has she a husband?

Preter. She has. He is a Carman, a very honest man, only he is given to drinking a little.

Eleanor Marsom . The prisoner lived servant with me eleven months. I have left my drawers open, and trusted her all about. She always behav'd well. I never miss'd any thing.

Elizabeth Sams . The prisoner was four years with me. I keep a chandler's shop. She used to take money for me. I never know her to wrong me.

Guilty 10 d.

[Whipping. See summary.]

193, 194. (L.) Thomas Hoskins and William Lloyd were indicted, the first for stealing one iron chafing-dish, value 2 s. one thousand of iron nails, value 18 d. one stove-grate, value 13 s. one iron fender, value 1 s. one box-iron, value 4 s. 6 d. two pair of heaters, five gimless, eight files, one thousand of brass nails, one iron-hand-vice, two knots of jack-line, two balls of pack-thread, and one ring of of iron wire, the goods of Richard Molineux , privately in the shop of the said Richard ; and the other for receiving the same, well knowing them to have been stolen , May 14 . + .

Edmund Chantrell . Mr. deputy Molineux lives in Cateaton-Street, near Guildhall. I am constable and beadle of that ward. He having had an information sent to him, that one of his servants had robb'd him of goods, at several times; and that they might be found, as was suppos'd, in the house of Jeremiah Warren , in Bridgewater-Gardens, Mr Molineux being out of town, Mrs Molineux desir'd me to go along with her to the Mansion-house, to get a search-warrant from my Lord Mayor; after which I and one of the deputy's servants, went in order to search the apartments in Mr Warren's house, belonging to the prisoner Lloyd. I found nothing in his chamber; but I found a padlock on a garret door. I ask'd whose room that was. Lloyd said, it was his room. I desir'd to look in it; he pull'd out a key and let me in. We search'd. It was a kind of a a lumber-room; there we found the things mentioned in the indictment, which I took an account of before his face.

Q. Mention them.

Chantrell. There were an iron chafing-dish, an iron stove-grate, one iron fender, one box iron, two pair of heaters, five gimlets, three papers of files, about a thousand of nails; an iron hand-vice, a parcel of brass rings, two knots of jack-line, two knots of pack-thread, and one ring of wire, part iron, and part brass. I ask'd him how he came by these things. He said, he had bought part of them of an Ironmonger in Barbican, and part of them at an Ironmonger's in Colman-street, and part in Morefields, and could bring the people of whom he bought them. I told him, I hop'd he would bring them along with him. Then I dispatch'd a constable that was with us to go and take the other prisoner.

Q. What was he?

Chantrell. He was a hired servant in Mr Molineux's house, in the capacity of a porter. Then the two prisoners at the bar were brought to the Mansion-house, before Sir Crisp Gascoyne and Mr Alderman Rawlinson; Hoskins acknowledg'd that he had stole all these things, at divers times; and that they were his master's property; and that he did it at Lloyd's infrigation: Sir Crisp ask'd him, if Lloyd gave him a valuable price for them; he said, some times he would give him six-pence; sometimes a shilling; and was very frequent in treating him with beer.

Q. Was Lloyd present at this time?

Chantrell. He was; and the goods were there also.

Q. Did Mr Molineux's servant swear to any of the goods?

Chantrell. He swore particularly to the iron chafing-dish; there was their own shop-mark upon it; and another servant was there, and he swore to the nails and gimblets, to be Mr Molineux's property, to the best of his knowledge: after that, Lloyd did acknowledge he had purchas'd the chasing dish and nails of Hoskins. Sir Crisp ask'd what he gave for them? He said 6 d. and two full pots of beer. Then Sir Crisp ask'd the servant, What these things were worth? He said, they stood his master in upwards of 4 s. Then Lloyd was order'd to withdraw, and Hoskins was examin'd. Hoskins acknowledg'd, he had carry'd Lloyd an iron stove-grate; and Lloy'd had given him four or five shillings for it. Lloyd was ask'd afterwards concerning the stove-grate; he said at first, he could bring the person he bought it of; but when he heard Hoskins say he sold it him, he acknowledg'd he had it of Hoskins. Then Sir Crisp committed one to the Poultry-Counter; and the other to Wood-street Counter.

Cross Examination.

Q. Did Lloyd very willingly show you the goods in the garret?

Chantrell. I told him the door must be open'd, and we rummag'd our selves.

Q. What did he say before he open'd the door?

Chantrell. He said, there was nothing there but what he could give an account of.

James Chaplin . I am a servant to Mr Deputy Molineux: I went with Mr Chantrell to search, according to an information master had receiv'd concerning Hoskins's robbing of him. He confirmed the evidence given by Mr Chantrell, with this addition: that Lloyd would often come and drink with Hoskins; that the chasing dish was mark'd with chalk by his own hand; and he knew the nails to be his master's property, by the mark on the paper they were in, mark'd by the eldest apprentice; the gimblets were mark'd with the proper shop-mark; and that the stove-grate was worth fifteen or sixteen shillings; and that Hoskins had behaved well and honestly, to all appearance, 'till he got acquainted with Lloyd.

John Middleton . I was sent for to the Mansion-house this day fortnight, when the two prisoners at the bar were under examination before Sir Crisp Gascoyne and Mr Alderman Rawlinson. I was ask'd if I knew any thing of them goods; I look'd over them, and found there were nothing mark'd by me, only one thousand of nails, and one single gimblet: the gimblets are commonly put in bundles of straw, a dozen in a bundle; I heard Hoskins own the taking of every thing; and that they were the property of my master Deputy Molineux.

Q. Was Lloyd by at the time?

Middleton. He was.

Q. What did Lloyd say upon his examination?

Middleton. He, on his first examination, denyed buying any thing of Hoskins; but said, he bought them at three different places: but after that, he own'd (when Hoskins said he sold them to him) that he bought every thing that was produc'd of Hoskins.

Q. Did you hear him say what he gave for them?

Middleton. Hoskins said, Lloyd gave him sometimes six-pence, sometimes a shilling; sometimes more, sometimes less.

Q. from Hoskins. How did I behave in my place?

Middleton. I know nothing bad of Hoskins, 'till this affair; nor never suspected him.

Cross examination.

Q. Do you know that there was such a stove-grate missing?

Middleton. No, I do not; probably there might be many lost, and we never miss them.

Jeremiah Warren . I rent a house in Bridgewater-gardens; Lloyd lodg'd in my house; the prisoner Hoskins us'd to come and stand in the street, over-against the window where Lloyd lodg'd, and would call, (hollow, Lloyd) then the other would come down immediately and let him in; they would go up, and when they came down, Lloyd would say, Tom, when will you come again? I want such and such a thing; once he named a set of cannisters; said Hoskins, I cannot tell when I can come again, but as soon as possible I can, I will. The next time he came, he repeated the same, hollow, Lloyd, Lloyd at that time was very busy, having a carpenter making a bedstead in his room; he did not hear the first call.

Q. When was this?

Warren. I remember, the second time was on the nineteenth of March last; between the hours of eight and nine at night; Hoskins open'd my street-door and went up stairs; and staid a little while; then they both came down into my yard; there Hoskins took out a lock, from two sheets of paper.

Q. What sort of a lock was it?

Warren. It was a large street-door lock; he gave it to Lloyd; they tried it, to see whether the key went free or not; Hoskins said, you must go to a Smith; he will do it for you, for a pot of beer; there were two keys to it. Lloyd said, God bless you, my prince; Hoskins said, for the world, do not let the Carpenter see this lock: no, said the other, I'll take care he shall not see it; but when will you come again, my prince? They took their leave of one another; and parted; Lloyd carried the lock and put it openly in the garret, in a washing tub.

Q. How do you know that?

Warren. My wife and I went up stairs afterwards to satisfy ourselves in it; and there we saw it lying, with the two keys: Lloyd us'd generally to say; my prince, when will you come again? God bless you; I wish you a good night.

Q. Was you there at the time of searching?

Warren. I was.

Q. Was that lock found in the garret?

Warren. No; Lloyd took it out the morning after Hoskins left it; and where he carry'd it I do not know; he went with it into Red-cross-street; and came home without it.

Q. Did you see it when he carried it out?

Warren. I saw the shape of it in his apron.

Q. from Hoskins. Do not you think Lloyd made me in liquor several times?

Warren. No; I never saw that.

Q. Did you never hear him importune me to stay and drink?

Warren. Yes, I have; saying, you must and shall come up; and you have said, I dare not, I cannot stay.

Hannah Warren . I am wife to the last witness; I have very often seen Hoskins come with something to Lloyd, in a sack; but what, I do not know; he us'd to call at the window, hollow, Lloyd; Lloyd us'd to come down, and oblige him to go up stairs.

Q. At what time of the day did he usually come?

H. Warren. Always in the evening, or in the morning.

Q. For how long time has he made a practice in coming to Lloyd?

H. Warren. He has come too-and-again to him, for upwards of ten months: he came one Sunday morning between four and five; and call'd at the window, as before; and we were all in bed; his usual time in the morning, was about five, or betwixt four and five; and on evenings, he us'd to come at nine, ten, or eleven o'clock; I remember that Sunday morning, which was in February, I got up and open'd my door a-jar; I saw a ring of iron wire, with some brass wire, on the inside; he carried in into Lloyd's room, and left it there; Lloyd came out again, and let him out at the door, and told him he wanted some brass rings; and ask'd him if he had any in his master's shop.

Q. What sort of rings?

H. Warren. They were to put upon curtains: Hoskins told him, there were some in his master's shop, and he would bring him some; Lloyd said, when? he said, he could not tell; he ask'd him to come on the Wednesday and Saturday night; he said he could not, because he had his master's shop to clean out; but would come as soon as he could: I once saw the shape of a round fender, in a bag, on Hoskins's back; which he carried through the entry up stairs to Lloyd; and always when he came, he used to make him punch or give him drams or fetch strong beer for him; Hoskin's was always very fearful of seeing me, he used to slide out and hang down his head.

Cross Examination.

Q. How do you know he has given him punch and such liquors you have mentioned?

H. Warren. I have seen him fetch punch and strong beer when Hoskins has come on nights, and have seen punch on his table afterwards; and heard Lloyd say he should stay and drink a little tiff with him.

Q. Have you ever been in the room at such a time?

H. Warren. No: but the door has been ajar, and I have look'd in.

Hoskins's defence.

This man first inticed me, by getting me in liquor; I'll do myself justice, I have taken many a thousand pounds for my master, and never mole a mistake in my life.

To his character:

Jonathan Delver . I have known Hoskins ever since he was a boy; I was born in the same place where he was, at Hays in Kent; he first went to service to a farmer were he behav'd himself very well, and his master gave him a good character; afterwards he came to London to Mr Deputy Molineux's, who lik'd him very well, and behaved honest and sober.

William Ashby . I have known him ten or a dozen years, and lived near him in the country.

Q. What is his general character?

Ashby. He had a very good character; I never heard any thing amiss of him in my life 'till now.

Q. Where do you live?

Ashby. I live at Hays.

Samuel Kingswood . I have known him ten or dozen years: I come from Tunbridge: the prisoner did live servant with a Maltman and Brewer there, he always behaved himself very well there; I have often heard that master say, he was a very industrious servant; I never heard before this, but that he always behav'd well wherever he lived.

Lloyd's defence.

As I was a new beginner in the world this Hoskins living in the neighbourhood, he came to see me several times as an old acquaintance; I treated him with the best my poor lodgings would afford I ask'd him if any body in the shop sold a stove; he made reply, if I wanted any thing of this kind, he would get it of the maker at the same price his master was served; he brought me a stove without a back; I ask'd him what it came too; he said, give me seven shillings; our Backmaker lives in Morefields, I'll get a back to it; he brings a back about an inch too wide; if it would not do, said he, I'll leave this back here and bring another; and then the stove and back would come to twelve shillings; then I gave him five shillings more. One night, about a week or a fortnight after, he and Peter Riley a Carpenter, brought a back and fitted it on to the stove, and carried the other away; another time one William Eades came along with Hoskins; they brought some wire with them; I wanted about two yards of wire for a little short curtain; he left half with me, and said, here is enough to serve you seven years, and the other half he carried away with him; he said, any thing that I wanted at any time I should have at prime cost, from the maker as his master had; upon these conditions I returned him thanks, and took him to be a sincere honest man, and treated him as such. I bought a chafing-dish of him; I told him I had no more money in my pocket but a shilling, and I paid him seven-pence half-penny towards the reckoning; and said, I'll pay you the remainder the next time I see you; I paid for every thing time after time.

Hoskins. He never gave me the seven shillings.

For Lloyd.

William Eades . I have drank with the two prisoners at a publick house; I went with Hoskins to Lloyd's once; he carried some wire with him.

Q. What quantity?

Eades. I cannot tell.

Q. What did Hoskins say to you at that time?

Eades. He said nothing to me only he was going to carry some wire there.

Q. Was you in Lloyd's room with him?

Eades. I was.

Q. Had you any conversation with them about the wire?

Eades. No, neither did I hear any: nothing said, nor nothing paid.

Q. What was done with the wire?

Eades. It was put into a room by Hoskins; he said, here is some wire.

Q. What time was this?

Eades. This might be about nine at night, about four or five months ago.

Q. Where did you go from with it?

Eades. I went from the Daggers with Hoskins, that is near his master's.

Q. Did Hoskins carry it open?

Eades. He did.

Q. Who called at the window to Lloyd ?

Eades. Hoskins did.

Q. What words did he make use of?

Eades. I do not know.

Q. How long have you known Lloyd?

Eades. I have known him a year and a half.

Q. What is his character?

Eades. I never heard any thing amiss of it: he was always a very good natured civil man.

Thomas Dabbs . I have known Lloyd about twelve months, he work'd in a ware-house were I work'd; he was servant to Abraham Chambers .

Q. What has been his behaviour?

Dabbs. All the time he work'd with me there he did his business as other men, and bore a very good character.

Q. What is your business?

Dabbs. I am in the bed way for shipping.

Q. How long did Lloyd work there?

Dabbs. I cannot justly say: I believe near a year; he behaved very honest as far as I know.

Phillis Ives . I have known him four years.

Q. What is his general character ?

Ives. Always a very honest sober industrious man; as to the stove, I saw it standing there myself in the room for some months; as for the sender he bought that in Morefields.

Q. Was it a straight or a round one?

Ives. A straight one.

Q. What are you?

Ives. I am a working woman; I work for my bread at my needle.

Christopher Nicholson . I have known him upwards of three years.

Q. What is his general character?

Nicholson. A very honest industrious sober man; he work'd in the India ware-house in the bed way.

Susannah Freeman . I have known Lloyd two years.

Q. What is his character?

Freeman. He is a very honest man, an industrious man.

Q. What is your employ?

Freeman. I make hats.

John Read . I have known Lloyd from about Christmas last; he came to me to buy a bed ticking, and said, he was going to house-keeping; I set him the price and he thought he could buy one cheaper, but he came again two or three days after and gave me my price; I never heard any thing amiss of him.

Q. Do you live in his neighbourhood?

Read. No, I do not.

Robert Pryer . I have known Lloyd upwards of a year.

Q. What is his general character?

Pryer. A very honest man, as far as ever I heard; I live in his neighbourhood.

Q. What are you?

Pryer. I am a Carpenter.

Hoskin's guilty of stealing, but not in the shop .

Lloyd guilty .

[Transportation. See summary.]

105, 196, 197. (M.) John Guest and Peter Mason were indicted for stealing one iron stove, one pair of tongs, one poker, one fender, five cane chairs, one tin boiler, two knives, one spade, one hammer, one mahogony tea-board, the goods of Matth.ew Best ; and Thomas Henfield for receiving the same, well knowing them to have been stolen , March 28 . +

Matthew Best . I have a little place situate in the parish of Shoreditch , out of which I lost a stove, a pair of tongs, a poker, a fender, two brushes, a spade, five cane chairs, a tin boiler, two knives, a hammer, and a mahogony tea-board.

Q. When did you miss them?

Best. I was inform'd of it on the 20th of March. I went there on the 21st, and found my place broke open, and the things gone.

Q. Have you found any of your things again?

Best. I have found the five cane chairs, the the spade and tongs, at the house of Henfield in Shoreditch. I had a warrant from justice Fielding and search'd.

Q. What is Henfield ?

Best. He is a Broker, and Pawnbroker .

Q. What are Guest and Mason?

Best. I know nothing of them; or how they came by the goods, only by the account that the evidence Child gives.

Q. Did you hear either of the prisoners confess any thing about the goods?

Best. No.

Cross Examination.

Q. Are you sure you know these things you mention?

Best. I am. Here is one chair; I thought it would be needless to bring the rest. Produc'd. This is my property, the others are fellows to it. The tongs also has been my property for years. The spade I had bought but a little before.

Q. Whereabouts is this house of your's?

Best. It is on a piece of ground, divided out into lots, at the Shepherd and Shepherdess in Shoreditch parish.

John Child . About two months or nine weeks ago, or thereabouts, the two prisoners, Guest, Mason, and I, met at the London Factory, and went to the house the prosecutor has mentioned, and broke it open with a chissel and pinchers, which we carried with us; and we took out four or five chairs with cane bottoms and backs to them, a stove, a fender, a pair of tongs, and a wooden shovel, and some crockery ware.

Q. What did you do with them?

Child. We carried them to my house on Clerkenwell-Green, and there we sold them to he other prisoner at the bar.

Q. When did you sell them?

Child. I think it was the next day, or the lay after.

Q. Did you sell them all to him?

Child. We did; and they all went together.

Q. Did he know how you came by them?

Child. I can't say that he did.

Q. What did he give you for them?

Child. I can't justly tell that.

Q. Who had the money?

Child. I believe part of the money was paid to my wife.

Q. How long after this was it that you was taken up?

Child I cannot say how long.

Q. Where was you taken up?

Child. I was taken up a little beyond Stafford.

Q. How came you to be taken up there?

Child. Because I was sent out of the way on the account of robbing Stepney church.

Q. How do you mean by being sent away?

Child. I was advised to go out of the way.

Q. Did Guest or Mason advise you to go out of the way?

Child. No.

Q. Had Henfield ever received any goods of you before this?

Child. Yes; he knew a great many things were stolen that he receiv'd, and had talk'd with me about things we had stole several times.

Q. Did you carry them at night or in the day?

Child. We kept them in my cellar 'till they were sold, and they went altogether by day.

Q. Did Henfield know of your going off?

Child. He did; he was one that advised me to go off about Stepney church affair.

Cross Examination.

Q. What a house did you keep at that time?

Child. I kept a house at Clerkenwell-Green.

Q. What trade did you follow ?

Child. I follow'd no trade.

Q. Was not you a Broker?

Child. I was once, but not then.

Q. What was you apprehended for in Staffordshire ?

Child. I was charg'd with horse-stealing.

Q. Were not these goods distrain'd in your house by your landlord?

Child. No; there was no rent due for my house then. I had not been in it a month.

Q. When was you at Stafford?

Child, I was there on the 29th of March.

Q. How long was you there?

Child. I was there a month.

Q. How long have you been come here again to London?

Child. About a fortnight.

Q. Do you know Caleb Blake ?

Child. No.

Q. Was not you tenant to him?

Child. No; not as I know of.

Q. Was Mr Cheslyn your landlord?

Child. I do not know my landlord's name upon Clerkenwell-Green.

Q. Do you know Richard Whitten ?

Child. No.

Q. How came you to make this information against these people, and many others?

Child. Because I was question'd about it; I was advis'd what to say; and how to go on, if I should be ask'd about it.

Q. What did Henfield advise you to do?

Child. He advis'd me to deny it, if I should be charg'd with it.

Q. Who was you examin'd before, in Stafford-shire?

Child. I was examin'd before Mr Boothby.

Q. Did you give any account there, of the taking these goods?

Child. No.

Q. Why did you not?

Child. Because they bid me to deny every thing.

Q. Did you charge Henfield there?

Child. I did; I said he was the man that bought the goods; but I cannot say whether I mention'd it or not; if I did, I have forgot it.

Q. Do you remember any thing of a bill of sale made for these goods, to a person that was distraining at your house?

Child. No, I do not; I remember Henfield offer'd me thirty-seven pounds, before I went off.

Q. Do you remember Hemsworth, and another person, coming after you, in order to take you and Guest, at a house in Field-lane?

Child. No, I never came to Field-lane; it was to Clerkenwell; Hemsworth came himself.

Q. What did he come to you for?

Child. He came to me, and said; whatever you do, get off; for if you do not, we shall come into bad bread; for they have found the lead; and if you get off, they will make it up cass.

Sarah Harris . I live with Mr Best: I saw the goods at Mr Henfield's; we fetch'd them away; there were five chairs: One of which is here produc'd; the tongs produc'd also; depos'd to by Mr Best. and Sarah Harris; Best depos'd also to the Shovel.

William Reynolds . I am a constable: these things, with four other cane chairs, were taken out of Henfield's house.

Q. Where was Henfield at the time?

Reynolds. He was not at home.

David Tasker . I was sent for by the evidence Child, to fetch Mr Henfield, or any other broker, to buy his goods: I being acquainted with Mr Henfield, went and fech'd him; and he bought the goods of Mr Child; and they remain'd at Child's house, from the twenty-seventh of March, 'till Easter-Monday: in that time, Mrs Child was to have had the goods again, in order to let the rooms out in ready-furnish'd lodgings: but when Mr Child was taken at Stafford, and in goal, he sent for her to come down, and also to bring some money: Henfield had paid 6 l. and was to give fourteen; she wanted the money, and was forc'd to part with the goods; so he paid her the remainder.

Q. What are you?

Tasker. I am a Weaver.

Q. Did Henfield advise Child to go away?

Tasker. I cannot say he ever did.

Q. Did you hear Mr Fielding tell Henfield that Child was run away for felony?

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

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON, And also the Gaol Delivery for the County of MIDDLESEX HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 30th, Thursday the 31st of MAY; and Friday the 1st of JUNE, 1759.

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

DAVID TASKER . Yes, I did; that was on Easter-Monday, at night; the goods were fetch'd away that same day; he advis'd Henfield and me, and said, he would put us in a way that we should act with safety: for his having paid the woman part of the money before, for the goods, he paid the rest of the money on the Wednesday or Thursday afterwards; but the Justice order'd him not to pay her; I imagin'd he thought he had bought them safe.

Q. Did Henfield know that Child was a thief?

Tasker. No, I do not know that he did; there was a report of some mahogany being stole, and sold; that was the reason that Henfield ask'd advice of the justice.

Cross Examination.

Q. Who sent you to bring Henfield to buy the goods?

Tasker. Child himself did.

Q. What business did Child follow?

Tasker. In Field-lane, he follow'd the business of a Broker; but these goods were his own houshold-furniture.

Q. Were the goods distrain'd for rent?

Tasker. They were.

Q. By whom?

Tasker. By Whitton, in the house of Child.

Q. Where was Child, when his goods were distrain'd ?

Tasker. He was then in town.

Q. Are you sure of that?

Tasker. I am.

Q. Was the sending for Henfield to buy these goods, before or after the distraining?

Tasker. It was before.

Q. Do you know one Mr Blake?

Tasker. I do; he was landlord of the house where he then lived; he collected rents f Mr Cheslyn: I believe Child had been in the house about three weeks or a month before this happen'd.

Q. Do you know what was due for rent ?

Tasker. There were 2 l. due for rent: Mr Henfield paid it to Mr Blake; there was an order to pay the rent, before the goods could be taken away.

Q. When was the money paid?

Tasker. To the best of my knowledge, was on Easter-Tuesday.

Q. Did he give you any particular order to keep it a secret?

Tasker. I was to go to Mr Henfield, or any body else: I said, as Mr Henfield is one of your acquaintance, he might come to you; which he did, and took an inventory of the things; and there were two receipts given by them both to Henfield.

Q. Both who?

Tasker. From Guest and Child; each had one.

Q. Had Child any earnest?

Tasker. I believe he had a shilling earnest; and Guest's goods were fetch'd away the next day.

Q. What goods did Guest sell?

Tasker. His goods in his own house.

Q. From what you saw, did it appear to you that Henfield was buying goods, that he knew to be stolen?

Tasker. No, I did not think he did; because he had ask'd Child if the goods were honestly come by? and he said they were: Child came to me on a Saturday night, and said he dare not go home; for he and Guest had bought some lead, and he was afraid it was stolen; and that the Plumber's man had seen a man with a paper in his hand; and they suspected something, and went away instead of going to a publick house where they were going: and then it was that he sent for Henfield to sell his goods.

Q. Did he tell Henfield that ?

Tasker. He did, he told him the same story he told me; I thought he had bought the lead as he had said.

Q. Who did he say Guest and he bought it of?

Tasker. He said, they bought it of two men.

Q. Did he tell you the Plumber's man advis'd him to run away?

Tasker. No, he did not; he said Guest and he had been asking about for the two men; and if they could not find them, they must be tried themselves.

Guest's Defence.

I know nothing of these goods, no more than your Lordship does.

Mason's defence.

I had no manner of concern in it; neither was I ever seen in Child's company, any where whatsoever: I ask'd him before the justice, wherever I was in his company; he could name no house; at last he named a little house in Holy-Well-lane; but I never was in that house with him.

Henfield's Defence.

I was fetch'd by David Tasker to buy Child's and Guest's goods, to a publick house in Whitechapel; there sat Child and Guest: said Child, I am going to sea: What is the matter, said I? said he, I have bought some lead of two men that are rope-makers, and I am afraid it is stolen: I said, I wonder you will meddle with lead; said he, we have been hunting about after them, and cannot find them: I ask'd him who he sold it to? he said, to a Plumber in Bishopsgate-street; and they were going in at a publick house to drink, at the next door; and they saw a man with a piece of paper in his hand, and they went away, and would not go into the house: that is all I know of the matter. They said they were going to abscond.

For Henfield.

Richard Whitten . I distrain'd Child's goods.

Q. Was there an inventory made of them ?

Whitten. There was.

Q. Look upon the receipt upon this inventory? (he takes it in his hand )

Whitten. This name is mine; of my own hand-writting.

Q. Whose writting is the other part of it?

Whitten. That is the Attorney that made the seizure.

Q. Where was Child then?

Whitten. He was gone away.

Prosecutor. Mr. Hemsworth did acknowledge to me, he was the person that made the distress; in order to pump out of Child's wife where he was gone to.

Elizabeth Mills . I lived with Mr Henfield.

Q. When did you come to live with him?

Mills. I came to him on the sixteenth of March.

Q. Do you remember some goods brought to your master's house from Child's.

Mills. I do.

Q. How were they plac'd?

Mills. They were carried up stairs.

Q. Were not some put out to sale?

Mills. That I cannot justly say.

John Peal . I have known Henfield about seven or eight years; he is a tenant of mine.

Q. What is his general character?

Peal. I never knew but that he is a very honest man; I never had any doubt of him as to his honesty.

Reverend Mr Baddiley. I am curate of Shoreditch: I know Henfield very well; and have done ever since he was in that house.

Q. How long is that?

Mr Baddiley. It is about a year or two; he has bore a very good character in the parish; as a very reputable man; he has four children; he is a very industrious man; I never heard any thing of him but what is just and honest.

Abraham Whitehead . I know Henfield; he has a very good character; it is an undeniable character; he has paid scot and lot in the parish; and has been always dubious of buying stolen things; I look upon him to be a very honest man.

Q. What are you?

Whitehead. I am a Bricklayer by trade.

Mr Barnard. I have known Henfield five or six years; he has been always very industrio us; I know nothing to the contrary but that he is an honest man; I live just facing of him.

John Shirwell . I have known Henfield nine years.

Q. How has he behav'd that time?

Shirwell. Nothing but like an honest man, since I knew him; I look upon him to be a very honest man.

James Shirwood . I have known him about eight or nine years; I always took him to be an honest pains-taking man; very industrious and sober.

William Libery . I have known Henfield two years.

Q. What is his general character?

Libery. His character has been nothing but that of a very industrious man; and an honest man as far as ever I knew.

John Scarr . I have known Henfield four or five years; he is a very industrious honest man; I never heard but that he bore that character.

Mr Abiss. I have known him nine years.

Q. What has been his behaviour and character?

Abiss. It has been that of an honest man, as any in the world; that is the general character that he bears in the neighbourhood.

Rebecca Smith . I have known him eight years; I have been six months together in his house.

Q. Do you live near him?

Smith. No, my residence is in Coventry; he bears the character of an honest industrious man; he takes a great deal of pains to maintain his family; I believe him to be innocent of any thing laid to his charge.

For Mason.

Reverend Mr Baddiley. Mason is a very industrious man; I have known him ever since I have been at Shoreditch; he constantly comes to Church every Sunday; and takes the Sacrament every month.

Abraham Whitehead . Mason has a very good character; he is a very honest man, as far as I know; he has a very large family.

John Scarr . I have known Mason eight or nine years.

Q. What has been his character?

Scarr. That of a very honest man; I never heard to the contrary.

Arthur Dean . I have known him seven or eight years.

Q. What is general character?

Dean. I never heard that he was guilty of any robbery in my life. He bears the character of an honest man.

William Doleman , Esq; I have known Mason seven years; he is an honest industrious man; he keeps his family by dint of industry and honesty. He has work'd for me in mud and dirt in the labouring way.

Robert Monk . I have known Mason, I believe, seven or eight years; he is a very honest man, as far as ever I heard or know. I believe him to be a very pains-taking man.

Mr Buckmaster. I have known Mason eight or nine years; he is an honest man as far as ever I heard. I dare say he deserves that character.

John Ratcliff . I have known Mason ten or eleven years; I never heard but that he was a very honest man; and I believe him to be such.

Edward Johnson . I have known Mason five or six years.

Q. What is his character?

Johnson. He is a very poor honest working man, as any in England.

David Smith . I have known him thirteen years. All that I know of him is very good; he is a very honest industrious man to bring up his family.

James Coring . I have known Mason about three years; I never heard any thing amiss of him; nothing but what is good; and I believe he deserves it.

Mr Isherwood. I have known Mason four years in December. I had a forty gallon still stole from me. It was carried to his house. His character was so good that he took up the thieves, and by that means I had my still again.

All three Acquitted .

198. (M.) John Guest and Peter Mason were a second time indicted for stealing forty wainscot boards, value 4 l. the property of Woodhouse Coker , and Moses Willoby for receiving the same, well knowing the same to have been stolen , Jan. 15 . +

Woodhouse Coker. I lost some deal boards, and some inch and half wainscot boards, betwixt sixty and seventy boards of them, from out of my timber-yard, on the back of Wood's Close, St James Clerkenwell.

Q. Did you ever meet with any of them again?

Coker. I found nine whole, and half a dozen short pieces of the wainscot ones, at the prisoner Willoby's.

Q. What do you know against the other two prisoners?

Coker. I know nothing more against them, more than what I have heard from Child the evidence; only I have Guest's receipt for them to Willoby. Mr Fielding sent for me, to know of me, whether I had lost some wainscot boards. I had miss'd them about a month before. The justice told me the case which he had had from Child, and desir'd me to go to Willoby's. I went, and his workmen were at work upon my boards. I ask'd him where he had them boards; he said, he bought them of one John Guest . I ask'd him, if he had a bill, or receipt, he produced this, producing one. It is a receipt wrote by Willoby, and sign'd with a mark, wrote on it John Guest 's mark.

Q. Did Guest ever say that he sign'd it?

Coker. I never heard him say he did.

Guest. I sign'd that receipt.

Coker. We brought Willoby before justice Fielding, and he bound me over to prosecute. I went to the person that I bought my wainscot of; he went with me to see them: he was as clear as could be that they were my boards.

Cross Examination.

Q. What marks had they upon them?

Coker. They had R H

Q. Where about in Willoby's yard did you find them?

Coker. They lay backwards in his warehouse. There were no other boards when I went first but my own; and when I went to fetch them away in the evening, he had been and bought a parcel of such sort, and put them amongst mine, and put me to some difficulty to find them, they being six feet inch and half boards; and they were plaining their boards over; and put me to destance to know which was my own.

Q. Why did he plain them ?

Coker. All mine had red marks on them, done by the merchant in Holland. Willoby came at ten at night, and brought a man along with him, and said, he could make greater discovery with regard to the loss of my things.

Q. How many men had he at work?

Coker. He had three or four.

Q. Mention the words he said, as near as you can recollect.

Coker. He came to my door, and said, he would be glad to speak to me; and said, I can make some discovery with respect to your yard being robb'd. I said, go to justice Fielding, for I have nothing to say. In the receipt which he told me, he himself wrote, he says, received of Moses Willoby 3 l. 8 s. for wainscot and deal boards.

W. Terrett. I went to Willoby's house, to see if these boards appear'd to be the property of the prosecutor. I examin'd them, and they appear'd most clearly to have been my property. I can't take upon me to say, they are the very boards that I sold him. I know I sold him such, and I have great reason to think they are the same.

John Child . John Guest , Peter Mason , and myself, took away them wainscot boards from the gentleman's timber-yard, near Wood's Close, about two months ago; I can't justly tell the time.

Q. How many did you take away?

Child. We took away upwards of sixty.

Q. What time of the day or night?

Child. At night.

Q. At how many times?

Child. In two nights; one night we had done about four in the morning, the other time about two.

Q. Where did you carry them to?

Child. To an old house; after that they were sold to Mr Willoby, and carried to his house in a cart.

Q. How did you carry them to the old house?

Child. On our backs.

Q. Where is that old house?

Child. It is on Clerkenwell-Green.

Q. Where did Willoby first see them?

Child. He first saw them in that old house; then it was uninhabited.

Q. Did Willoby know how you came by them?

Child. I can't remember that he did; but he knew how we came by several parcels that we had sold him before.

Q. Are you a Carpenter?

Child. No; I am not.

Q. Had Guest ever any great stock of boards?

Child. No.

Q. Was nothing said before Willoby, from whence they were taken ?

Child. No.

Q. What had he had of you before?

Child. He had had deals of us before.

Q. What were these wainscot boards sold to him for?

Child. For three pounds odd money: Mr Guest gave the receipt for the money.

Q. Did you see him sign it?

Child. I can't say I did, he always makes his mark.

It is read:

Jan. 15 59 Receiv'd of Moses Willoby 3 l. 8 s. for wainscot and deal boards, in full of all demands, by me

John Guest , his mark. J

Q. to prosecutors. Did Willoby say where he bought these boards?

Prosecutor. He said he bought them in an empty house, and pretended to find it, but went up one way and down another, and would not find it.

Cross Examination.

Q. At what time of the day were they carried to Willoby's house?

Child. It was by day-light in the afternoon.

Guest's Defence.

These boards were three weeks in Child's own yard before I laid my finger on them: I believe he had four or five cart loads in his yard: he said, he did not know what to do with them, he believed they would be wet, and was afraid they would be spoiled; and he said, let me put them into your old house in Cow-cross, and I'll pay half the rent. I was going to dinner, I carried one load; they were all carried there into the old house by day-light; after that he came to my house in Bartholomew Close and said, his mind was changed, I wish you would sell them for me, and I'll satisfy you for your trouble; I went to Shoreditch and brought Mr Henfield up; I ask'd, and Mr Henfield bid; I look'd to Child and Child look'd angry at me, saying, he would not let them go for that money; but wish'd I would go to Mr Willoby, for I do not like to deal with that rogue, he said, meaning Henfield, Willoby will give you more than he will. I went on Willoby, and told him there were a few wainscot boards in such a place; he said, he would come and look at them; I do not think he came in two or three days. At last he called at my house; I bargain'd with him for them likewise; I hired a cart in Smithfield, and took them to his house in open day-light; there were forty of them all but one; he paid me for them; there were twenty-six wainscot, and thirteen or fourteen deal; he gave me three pounds eight shillings for them, which was about the honest market-price; I brought the money to my own house, and paid it down to Child, and he gave me two shillings for my trouble; Child and Hill a Carpenter, carried them to that house; Hill lives on Saffron-Hill; Child has been a rogue all his life-time; he is a thief and a robber, all the world can tell that; he told me he had a very large estate in the Isle of Wight; I would have gone through fire and water to have serv'd him. If any man in court can give me a bad name let him speak it boldly.

Mason's Defence.

I know no more of it than the child unborn; I never was concerned with Child, or ever seen in his company.

Willoby's Defence.

I have sufficient evidence to prove I never bought them in hugger-mugger, but afterwards put them in publick view; they lay about a month in the open yard, close up to the gate.

Q. to Prosecutor. What are these boards worth?

Prosecutor. I gave two shillings and one penny a piece for them: I lost between sixty and seventy; Mr Willoby produced this receipt, and said, he bought a great parcel of deal boards of Guest; I ask'd him how he could think them honestly come by out of an empty house, of a poor journeyman frame maker; I ask'd him also, whether he had such a receipt from every timber yard where he dealt; he made me no sort of answer, but said, he did not like it at the time he bought them; and he believed Guest was a rogue, or something like it.

For Willoby.

Thomas Plowman . I have work'd for Mr Willoby about ten months; he has about five journeymen; I remember the wainscot was brought in about two o'clock at noon in an open cart, and placed on each side the gate, not a yard from the street, and we did not work up any or remove them 'till about a month or two or better after; we had no order to conceal them, nor no such attempts made; we work'd up some of them, and removed them into the dry place, fearing the wet.

Q. How long have you known Mr. Willoby?

Plowman. I have known him about two years; he always bore a good character; he carries on business publick as other people do, and has a great trade.

Q. Was you at work when Mr Coker came to see the boards ?

Plowman. I was.

Q. Where did they lie then?

Plowman. Some were working up, and some were lying by.

Q. Did you see him come a second time?

Plowman. I did.

Q. In what manner were they lying then?

Plowman. In the same manner as before, when he came first.

Q. Were there none mixed among them?

Plowman. No, there were not, I am very sure of that.

Q. to Prosecutor. Are you sure there had been an alteration betwixt the first and second time of your seeing them there?

Prosecutor. There had; some of them were moved from where I first saw them, and other boards of the same sort put amongst them, and the men plaining them over; Willoby said, they were boards that he bought of a man in Shoreditch.

Plowman. There were none at all mix'd with them; Mr Coker said, they should not be touch'd, and they were not touch'd nor stirr'd 'till he came again; but when he found we were planing the other boards, he said, you rogues you ought to be taken up for plaining my boards, all these boards are mine; when the others had been come in not above two hours.

Prosecutor. They were plaining their own boards, and mixed some of them with mine in order to puzzle me, and make me swear to some that were not my own.

Thomas Brian . I work with Mr Willoby; I remember these wainscot boards that Mr Coker challenged; I handed them out of a cart, and up to the gable end of the house; they were brought about two o'clock in the afternoon, and placed on both sides the gate, and remained there several days. We removed them because of the wet weather coming on; I remember Mr Coker pitching upon some of them; there was no other oak along with them, and the second time of his coming there were none mixed with them; the other boards came from Shoreditch; I went and brought some of them home.

Q. How long have you known Mr Willoby?

Brian. I have known him nine months.

Q. Had you any particular directions in order to conceal the boards?

Brian. No; I was the person that contrived that place to put them in from the wet; I remember Guest came along with the boards; I cannot tell whether he sold them to my master or not.

Richard Goucher . Mr Willoby employ'd me to make four swifts for Weavers: Mr Guest came to me, and told me he had some very good stuff to dispose of: I believe Mr Willoby bought them; for I us'd part of them the latter end of January, and beginning of February; I saw them standing out open, at the upper end of Brick-lane; I advis'd him to take them in; I could not work them, they had stood so long in the wet; we differ'd about them, and I made no more for him; I work at my own home, and he found stuff.

Q. Was Guest a dealer in timber ?

Goucher. Yes, I have bought of him; he is a Carpenter.

To his character.

Humphry Haydon, Esq; I have known Willoby four or five years; he has been doing business for me, and acted very fairly and honestly: I employ'd him to sell my goods; his character is very good.

Aaron Lamb , Esq; I have known Willoby about ten years; he is a very honest man, for a dealing man; I believe he would do any thing in the world, rather to detect a thief than encourage one.

Mr Roberts. I have known him eight or ten years; I never heard any thing to his prejudice in my life; an honest industrious man; I look upon him in that light.

Robert Plumpton . I have known him ten or fifteen years; I never knew or heard to the contrary, but that he is a very honest industrious man.

Samuel Worrel , Esq; I have known him eight or nine years; he had always an honest good character; I look upon him to be a man of substance.

Mr Darking. I have known him upwards of two years; I look upon him to be an honest sober man.

Mr Forecast. I have known him ten years; I always look'd upon him to be just; I believe him to be an honest man.

Peter Cook . I have known him five or six years; he is an honest, sober, industrious man.

Mr Hamsworth. I have known him seven or eight years; I have dealt with him; he is a very fair honest-dealing man, as far as ever I heard.

All three acquitted .

(M.) John Guest , a third time; and Thomas Henfield , a second time; were indicted for ripping and stealing eleven-hundred pounds weight of lead; fix'd to the Parochial Church at Stepney : and Peter Mason , a third time; for being aiding, abetting, and assisting the said Guest and Henfield, in committing that Felony ; March 24 . ++

Mark Hammel . I am one of the Church-Wardens of Stepney Parish ; we had about eleven hundred weight of lead stolen off our church, about the twenty-second or twenty-third of March last.

James How . I am servant to Mr Darking, one of the Church-Wardens of Stepney; I remember there were some lead missing from off the church, about two months ago; it was missing on a Wednesday morning; and the Friday after that, I had been in Bishopsgate-street; I saw a sand-cart near the Green-Dragon, a little after five in the morning; I observ'd it to go over to Mrs Smith's a Plumber, a little before seven: I look'd into it, and saw some lead in it like sheet-lead that had been us'd in covering some house; there was some litter, and yellowish stuff like hay and dung among it; then I went home and told my master of it.

Joseph Darking . I am one of the Church-Wardens of the parish of Stepney; I receiv'd information from the last evidence, concerning this lead which he had seen in Bishopsgate-street: I went to Bishopsgate-street, and went in at Mrs Smith's; there, at the farther end of the shop, I found a large quantity of lead; I said we have had our church at Stepney robb'd; and you have bought some lead this morning; and I am one of the Church-Wardens: I took up three pieces, and found some spikes in it; she told me it was gutter lead; and she had bought it of some Carpenters that lived towards Old-street; ( names, John Child , and John Guest ) I went to Mr Alderman Cokayne, and told him our church had been robb'd; and I had found the lead in Bishopsgate-street; which and he sent for a Plumber who came and inspected it; his name is William Walker .

William Walker . I am a Plumber: on the twenty-third of March last, I was sent for to the shop of Mrs Smith in Bishopsgate-street; by order of Mr Alderman Cokayne; he told me Stepney Church had been robb'd; and desir'd me to look at that lead, and give him my opinion of it: I saw it, and said, it certainly came from off a flat place; I measur'd and weigh'd it; there was eleven-hundred, one quarter, and eleven pounds of it; twenty-eight pieces in all. Then I went to the Church and measur'd there; and took a remarkable piece to compare; I found it of the same thickness with that on the Church; there was one spike in it, and holes where four had been; I found where it was taken from, and observed the spike in the lead exactly fitted to a hole in the timber; and the four holes answered to four holes in the rasters; I compared one of the small nails, that I took out of Mrs Smith's shop, with one remaining on the Church, and they answered exactly in size, shape, and demension; I observ'd a spike-nail remaining on the Church, which had not been drawn when the lead was taken up; it tallied with the lead when we came to put it on, as well as two indentures could; there was no room to doubt, but that the lead came from that place.

Cross examination.

Q. What is the value of that lead?

Walker. If it had been brought and offer'd to me, and honestly came by; I should have given 13 s. per hundred for it, as old lead to melt down; I had given more than that, at that time.

Counsel. We have now prov'd the lead found in Mrs Smith's house, was the lead taken from off the church at Stepney: we will next mention a circumstance of finding tools and mussatees on the Church; and the prisoners meeting.

Q. to Mr Hammel. What did you find on the Church?

Hammel. I found this rope hanging on the Church, (producing one) and this knife upon the Church; ( producing a case knife, which had the blade doubled back, proper for cutting; or as by a drawing, will plough a gutter in ) I found also this mitten (producing a knit glove ); these I found the next morning after it was robb'd.

John Child . I was committed to Stafford goal, about six or seven days after I went from here; I cannot tell the day of the month.

Q. How long was that after taking the lead?

Child. It was about a fortnight after that.

Q. Was you examin'd before a Justice there?

Child. I was before Justice Boothby.

Q. Where did you give an account of taking the lead off Stepney Church?

Child. Before Justice Fielding, after I was brought to town.

Q. How long have you known Guest and Mason ?

Child. I have known them three years; Guest is a journeyman Carpenter; Mason, I believe, is a Cooper; but he keeps a rag-shed.

Q. How long have you known Henfield ?

Child. I have known him upwards of two years; he is a Broker; I have been intimate with them all three.

Q. What is your business?

Child. I am a Silk-Weaver.

Q. Give an account of what you know of robbing of Stepney Church.

Child. John Guest came to me about a week before it was taken off, and desired me to take a walk with him to Stepney, saying, he had seen something that he thought would answer; we went there to a publick house, and drank pretty freely of twopenny and beer, about two hundred yards from the church. I was not agreeable to it.

Q. What was mentioned?

Child. It was to take the lead from the church. We left a shilling to bind us to come again, and take a dinner; so to take a better view of the place the first fine day. They would not get a dinner for us if we had not left that. In two or three days after we went again?

Q. Who was with you?

Child. Guest, and his two women; that is, his wife, and another woman; she lives in his house, and is big with child by him. There was also my wife and Mrs Gillingham; she is a Broker's wife on Clerkenwell-Green. We had a dinner there. The women did not know our business; they went only for pleasure.

Q. What had you for dinner?

Child. We had some pork. After we went into the church-yard all of us; we walk'd round, and took a view of the church: when we came at the back-part of the church Guest toss'd up a stone upon the church, and said, he wanted to know whether the lead was found; which Mrs Gillingham took notice of, and got some wind of it. In a day or two after that, all sides were agreed. Guest lived in my neighbourhood, within about three or four hundred yards of me; Henfield and Mason lived at a distance.

Q. Had you ever talk'd to either of them about taking this lead?

Child. Yes; it was talk'd of, and agreed to by all. I met Guest and Mason at Henfield's house. Henfield was there also. There was only the maid-servant at home besides; but she heard nothing of what we talk'd about.

Q. Give an account of the conversation.

Child. We appointed to meet in Stepney church-yard, and fix'd upon the time, which, I think, was the next night.

Q. Who were to meet?

Child. Guest, Henfield, a servant of Mrs Smith's, Mason, and me; but Henfield was not to come 'till three o'clock in the morning, and we were to be there by between nine and ten at night. We were to get a ladder, and get upon the church, and get as much lead as we could 'till it came to grow light; and Henfield was to come to us by three in the morning, to help us as much as possible in carrying it away, it being a hard job. We had agreed this at Henfield's house, to carry and bury it in a dunghill (about a quarter of a mile from the church,) 'till such time as we could get it away to Mrs Smith's house.

Q. Had you had any conversation with Mrs Smith about it at that time?

Child. No; I had not.

Q. What is the name of Mrs Smith's servant?

Child. I do not know. Guest and I went there together first, and I got a ladder. Mason and Mrs Smith's servant came at the time. We set the ladder, and John Guest , Mrs Smith's servant, and I, went upon the church, Mason stay'd below to watch.

Q. Where did you get the ladder ?

Child. I got it at a new building. We had this knife, that is here produc'd, and another knife, a pair of pincers, and a chissel. This knife that is here was made by Mrs Smith's servant; but it did not do well, so we throw'd it by.

Q. Who brought the other knife, chissel, and pincers.

Child. Guest did. I had another knife in my pocket, which I used.

Q. How much lead do you think you took away?

Child. I did not think it to be so much as it prov'd to be: I took it to be about a thousand weight.

Q. How did you let it down.

Child. There was but one piece tried to be let down by that rope; all the other pieces where toss'd down; it was soft ground, and the fall made no great noise. Guest had on a pair of mittens; that is, knit gloves, and a pair of green mussatees.

Q. Look at this mitten here produc'd.

Child. He takes it in his hand. This is one of Guest's, I believe.

Q. Look at these green mussatees. He takes them in his hand.

Child. These are the same he had on.

Mr Darking. I found this odd mitten, and these mussatees, on the top of the church, the day after it was robb'd.

Q. Was Henfield as good as his word.

Child. He was. He came about three in the morning. We had then just got the lead down, and begun to carry it away to the dunghill; and Henfield assisted us in carrying it away, where we covered it over.

Q. Was it light or dark?

Child. It was star-light; we had no lanthorn; we had finished when the people were going a milking, about four o'clock.

Q. How long did the lead lie in the dunghill ?

Child. It lay there two days and one night.

Q. Which way did you all come home?

Child. We all parted as soon as we came into the road, and went to our homes.

Q. Where was the next meeting?

Child. That was at Henfield's house, the same day, in the afternoon Guest and I call'd there; (Mason was not there ) Guest and I went to the dunghill, to see that it was cover'd safe.

Q. Who was I the taking it away from the dunghill ?

Child. Guest and I got a cart in Old-street; and we went and fetch'd it into Bishopsgate-street to Mrs Smith's.

Q. What did you do with the ladder afterwards ?

Child. We took that away, and carried it within about twenty yards from the place where we had it; and some people were coming down the road, so we laid it down and left it there.

Q. What time was the lead carried to Mrs Smith's ?

Child. We got there about seven in the morning with it. She paid me for it, and I gave her a receipt. The money she gave me was five 27 s. pieces. The receipt was for 6 l. 15. and I carried the money to Henfield, as was agreed upon before, and there it was divided by him. He made the charges out, and when they were paid we had about 24 s. each; that is, Henfield, Guest, Mrs Smith's servant, Mason, and me. I had 6 s. 6 d. to pay for the horses and the cart, and the rest was all spent, 8 s. 6 d. I believe. The rope we tied to an iron bar in the window of the church to get down by, and the last person that came down could not untie that, so we left it hanging: that was John Guest . The ladder was not high enough to get upon the top of the church, we put it upon a grave-stone, and got upon the lower part of the church, and from thence to the upper part. We drew up the ladder after us.

Cross Examination.

Q. Whether the first time you were examined before Mr Fielding you did not say, that Henfield and Mrs Smith's servant went out in the afternoon, the day before the lead was sold, to show you where the lead was hid.

Child. I was ordered what to say. I would never have told the truth; I would sooner have died, had I not been told by Henfield's brother, they were striving every way to throw it upon me.

Q. Was the Plumber's man one in the consultation about going?

Child. He was one in the consulting of it.

Q. Did your ever give any account that you bought this lead of some rope-makers.

Child. No; we did agree if it should be blow'd to say so.

Q. When did you divide the money?

Child. I can't say the day: I think it was on a Friday. It was the same day that we brought it to Mrs Smith's.

Mr Hammel. I remember Henfield's being apprehended; I can't tell the day of the month, I think he was before Child was brought from the country, and Mason's son was apprehended instead of the father, we at that time did not know there were two Masons father and son; when we came before Justice Fielding, young Mason declared his innocence, (he and Henfield were brought there together) the Justice was going to commit young Mason for farther examination; Henfield desired to be heard, saying he had something to say by himself; when the room was cleared of the common people, Henfield said, they had taken the wrong person; let it turn how it will, the suddle ought to lie on the right horse, for that it was not young Mason, but Peter Mason , the father of him. I and two others that are here were by and heard this. We endeavoured directly to get the father, and he was taken and brought in about a couple of hours. After he came into the room I went up to Henfield, and thank'd him, for leading us out of the mistake. I ask'd him, if he could say any more; he said he could, and he would, and seem'd willing then; but the next morning he would not say any thing.

Cross Examination.

Q. At the time that he made use of this expression, Let it happen how it will, the saddle ought to be laid on the right horse; whether he did not insist upon it that he was innocent himself.

Hammel. I really think he could not insist upon that.

Q. How did you get Mason?

Hammel. By sending a warrant to his house; but I was not there.

James Holland . I was one that the justice sent to take up Mason; when we went to his house, we found he had did himself; I ask'd his daughter where he was? she said he was not in the way, and had been gone out ever since the morning; we went to a publick house, opposite to his house, and waited; we saw his wife come home; after which, he went out of his own house; we let him go on, and as he came back we took him.

David Tasker . I live upon Saffron-Hill; I am a Weaver; I dined with Guest and Child, on the twelfth of February, at the sign of the Cherry-Tree at Stepney, on the Green; it was agreed upon before to go there.

Q. Who was in company?

Taskr. There was Guest's landlord, I think his name is Ashbourn; Guest and his wife, Mrs Gillingham, myself, Child and his wife, and another woman that belong'd to Guest; she was big with child by him.

Q. What had you for dinner ?

Tasker. We had pork, part boil'd, and part roasted; after dinner, we took a walk into the church-yard; in walking round among the tombs, Guest threw up a stone upon the church; I heard him say, let us see if the lead is found; or words to that effect; there came a person out and said, Don't throw up stones to break the windows, for you will not be willing to pay for them.

Q. Do you know Mason?

Tasker. I never saw him, 'till I saw him in Westminster Gate-house; I have heard Child speak of him.

Q. Was Henfield along with you?

Tasker. No, he was not.

Cross Examination.

Q. Do you remember any conversation between Child and you in March.

Tasker. I was in bed, he came to me on the twenty-fourth of March, between eleven and twelve at night: I said, what makes you be here at this time of night ? he said, because I dare not go home; I said, what is the reason of that? he said, there was some lead that he and Guest had bought the day before, and he imagin'd it was stolen: I ask'd him how he came to know it was stolen? he said, the Plumber came and said, Mr Child, was there not two shillings betwixt my wife and you, about the lead? he ask'd him to go and drink together at the next house, and he would go before and call for the beer? and he imagin'd they had an officer in the publick house to take him.

Q. Where did he say this was ?

Tasker. He said it was in Bi shopsgate-street; he said he saw a man at the door with a paper in his hand; and they set off, one, one way, and the other the other way, and would not go into the house: he told me he bought the lead of two men that appear'd to be Rope-makers; for they had hemp about their cloaths.

Guest's Defence.

I'll tell the whole truth; I was at work at Child's house; I cannot tell the day of the month; as I was going away, about three in the afternoon; said he, I wish you would go along with me to-morrow morning; I have bought some lead as far off as Stepney, and I shall want a hand to help to get it home: said I, I will go with you with all my heart: said he, we may as well step to Old-street, to see if we can get a horse and cart; I believe I must have two horses: when he came there; said the man, so you may, but you must pay more money; said Child, I shall not stick for trifles; said he, I shall want them between two and three to-morrow morning; and if I shall not want them at that time, I'll send this man to forbid it: he call'd me at three the next morning out of my bed; and said, it was half an hour past two; I got up, we went to Old-street; and it was a quarter past three before we had the horses and cart ready: we went to a dunghill in Whitechapel; and got the lead; he told me he had it from an old house belonging to a decay'd gentleman in Stepney; and that it was carried there by two Rope-makers for him; we were seen by some Bricklayers that were going to work; we loaded it and carried it to Bishopsgate-street; and he gave me three shillings for my trouble.

Henfields's Defence.

I beg you would ask Child what time of the day it was, that he declar'd he paid me and others?

Child, to the question. I cannot tell the day of the month; it was on the same day that we brought the lead to Mrs Smith's, in the afternoon; I deliver'd the money to Henfield as I went by with the cart about eight o'clock; ( the lead was sold about seven); and it was not divided 'till the afternoon on the same day.

Q. from Henfield. What time did you meet in the afternoon?

Child. I cannot justly say; it was betwixt one and two o'clock.

Q. Look at this receipt?

Child. Yes; this is the receipt ( he takes it in his hand) that I gave Mrs Smith: It is read to this purport.

March 23, 59. Mrs Smith, debtor to Mr John Child ; for eleven hundred and quarter of lead, at 12 s. per hundred; six pounds fifteen shillings. Receiv'd the contents in full,

John Child , his mark. J.

6 l. 15 s.

Q. to Darking. What day did you find the lead at Mrs Smith's?

Darking. I believe it was the twenty-third of March; but I have got the warrant in my pocket from Mr Alderman Cokayne; that date will show it; it being dated the same day (he produc'd it, dated the 23d of March, 1759).

Q. from Henfield. Whether Mason and the Plumber's man were at my house, when the money was divided.

Child. Mason was; but the Plumber's man was not; you took his share for him.

Q. Can you swear the money was divided that same afternoon, at Henfield's house.

Child. I cannot swear it; I think it was.

Henfield's Defence.

On the twenty-third of March I went out from home to a tryal in the Marshalsea-Court, about nine, or thereabouts; and never came home, to stay a minute, 'till ten at night; then I came home, more than ever I had been seen by my family before, that was, a little in liquor.

Mason's defence.

I know nothing about it; I never was out of my house the night he says the lead was taken; and I can prove I was in the Borough, at a Court, at the time he says he divided the money.

For the Prisoners.

William Sibery . I have known Henfield six years: I had a suit in the Marshalsea-Court, which was tried on the 23d of March, being a Friday, he was at my trial there; he went over there, I believe about nine o'clock, and staid in my company 'till ten at night.

Q. Where do you live ?

Sibery. I live in Shoreditch: I keep a house there, and am a Butcher; we din'd at the Bull in the Borough after the trial was over.

Q. What time did you dine?

Sibery. It may be between four and five when we had din'd; then we went to a house over against my house, and he never was out of our company for a quarter of an hour together, 'till ten: he is a very honest endeavouring man; I have bought and sold to him, and never found a farthing amiss; I went also to Mason's house that morning, and desired him to come to my trial; he went with me and din'd with me, and staid with us 'till past dinner-time; he bears a very good character.

On his cross examination he said he had the trial with one Davis; that Davis was plaintiff; that it was occasioned by his indulging Davis at Hicks's-Hall for robbing him, and that bill was not found; so Davis brought that against him; that Mr Wilson was his attorney, and Mr Taylor Davis's; that neither Mason nor Henfield were examined on the trial; that he got his cause, and Davis got out of court and ran away. And that Richard Pain an officer, and Rose Allen dined with them.

Richard Pain and Rose Allen both confirmed the account given by the last evidence, of Henfield and Mason being at a trial in the Marshalsea-Court, in the Borough on the 23d of March.

Elizabeth Mills . I was servant to Mr Henfield for about two months.

Q. Was you there on the 16th of March last?

Mills. I was, there was no other servant besides me.

Q. Whose business was it to shut up the house?

Mills. That was my master's business.

Q. Who went to bed last?

Mills. I did.

Q. Do you remember your master being out any night you was there?

Mills. No, I do not: he never was out one night while I was there; he keeps constantly with his family.

Q. Do you remember his going to the Marshalsea-Court on a trial?

Mills. I do, it was on the 23d of March; I had been there just a week then.

Q. Did you ever see Child at Mr Henfield's house?

Mills. No, he never was there: I never saw him in my life 'till this day.

Q. Who attended the shop?

Mills. I did: master taught me: he staid at home the first week in order to teach me.

On her cross examination she said, the key was left in the lock of the street-door on nights; that she lay near the door, and nobody could go in nor out without her hearing them; and in the day-time nobody could come into the shop but she must see them, her business being there.

All three guilty .

[Transportation. See summary.]

199. (L.) John Wright was indicted for that he together with Benjamin Tittley for a conspiracy, by publishing a paper writing purporting to be a bill of exchange, signed Jo. Archer, indorsed J. Wright; with intent to defraud the Governor and Company of the Bank of England , Oct. 3 . *

Benjamin Booth . I was apprentice with Mr Benjamin Tittley .

Q. Have you seen the prisoner write?

Booth. I have: (he is shew'd a bill of exchange) I believe these words at the bottom, Accepted J. Wright, are the hand-writing of the prisoner; and the writing on the back of it I believe to be Mr Benjamin Tittley 's hand-writing.

Allison Cooper depos'd, He was sent by the gentlemen at the Bank of England, to inquire for Jo. Archer and James Hilyard , at Sunderland by the sea, near Durham; that there he made all the inquiry possible of old inhabitants, and at the Custom house, but could find no such persons. That he proceeded to a place called Sunderland-street, near Doncaster in Yorkshire, made all possible inquiry there; then to a place called Sunderland-Wick, a place farm'd by one person; from thence to Sunderland-bridge, near Darlington; from thence to Sunderland-Pans; from thence to a Sunderland in Northumberland, a fishing-town; from thence to a Sunderland in Cumberland; from thence to a Sunderland near Lancaster. That he made strict inquiry at each place for Jo. Archer and James Hilyard, but could not find any such persons.

John Rogers . I belong to the Discount-Office at the Bank, and have done for four years.

Q. What is the manner of discounting bills at the Bank.

Rogers. They bring a list of bills, and put the sums and names of the persons upon them, then we carry them into the parlour to the gentlemen to look over them. Then they are carried to the committee and left, and when they approve of them they ring for us. The committee in waiting determine whether they are good bills or not. If they do not like them they refuse them, and we deliver them back again. Mr Tittley us'd to keep cash at the Bank, and used to bring bills.

Q. What cash had he there on the 3d of October?

Rogers. He had 27 l. 7 s. 9 d. before he brought thirteen bills. These bills were for 1669 l. 11 s. 7 d. produc'd. Here is my figure on the back of them. It is usual after the bills are ordered, to sign them; then to write them in a book called the Day-Book; then it is wrote upon Mr Tittley's account. Credit was given for it. He draw'd off from that 1600 l. by a write off.

Q. Explain that.

Rogers. That is, an order to write off. Wrote off from my bank-book 1600 l. that is wrote into his book, and he has Bank-notes, or what he pleases for it.

Q. Was this write off paid?

Rogers. It was.

Q. Do you know of any other transaction between the Bank and Mr Tittley?

Rogers. After that we discounted 'till the 3d of November, then there was only 3 l. 16 s. 4 d. remaining; that has not been drawn off yet.

Q. Can you tell the balance between him and the Bank?

Rogers. That 3 l. 16 s. 4 d. is the balance. Some of the bills that he discounted were paid, and some were not. I believe the four last were not paid. The bill in question, that has not been paid back to the Bank; that is, the Bank has not received the value for it.

On his cross examination he said, he had been eleven years last April at the Bank. That he knew Mr Tittley near as long as he had been there. That he was a warehouseman and merchant. He had taken him to be a man of great credit. He look'd upon him to be very industrious, but not worth much money. That he had discounted from the 3d of Oct. to the 14th of Nov. 14325 l. That they have had bills drawn upon Tittley by the name Jo. Archer, that had been paid, to the amount of 740 l. That they were brought by Mr Tittley, but don't know to whom payable.

Mr Alderman Chitty. I am one of the Directors of the Bank. I was one of the committee on the 3d of Oct. 58. This bill in question was brought in by our officer, for our allowance or disallowance; and it was allow'd to be discounted.

Q. What are your rules you go by; and what do you rely upon for your security ?

Mr Alderman Chitty. We expect the drawer, the person upon whom drawn, and the accepter, should be good men.

Q. Had you known there had been no such person existing as Jo. Archer to this bill, would you have allowed it?

Mr Alderman Chitty. No, not upon any consideration; we should not allow of any bill with a fictitious drawer, if there had been ever so many indorsers.

Q. to Booth. Do you know what is become of Mr Tittley's bill-book ?

Booth. Here it is. In this are enter'd the bills he received out of the country.

Q. Is the bill in question entered there?

Booth. It is kept regular. I have examined about the 26th of Sept. 58. to the 10th of Oct. and cannot find it. He drew 1600 l. out of the Bank on the 3d of Oct.

Q. Was Mr Tittley and the prisoner acquainted together?

Booth. They were.

Robert Lewin . I am secretary at the Bank. I was ordered to send this bill in question to Sunderland in a letter, after Mr Tittley had failed, that the money might be received of the drawer Jo. Archer, not doubting but there was such a person. I sent the letter to Mr Harris a merchant there. I have this answer, dated Dec. 9th. 58. wherein he mentions he has made diligent inquiry for Jo. Archer, and is very well satisfied there is no such person there. John Wright had a commission of bankruptcy granted against him on the 4th of Dec. last.

The bill read, to this purport.

Sunderland, Sept. 26. 58. Sir, 65 days after date, pay Mr James Halyard 200 l. for value received, as by advice, Jo. Archer.

Directed to Mr John Wright , Angel-Court, St Martins Le Grand. Accepted J. Wright.

For the Prisoner.

Mr Gillyatt. He is show'd a bill.

Q. Was you paid that bill ?

Gillyett. I was at Mr Wright's House. This is my name upon it, pointing to it. Mr Wright is the accepter. It was discounted at the Bank of England. It is for 140 l.

It is read, to this purport.

Sunderland, 8 of May, 58.

Sir, 65 days after date pay Mr James Hallyard 140 l. for value received.

From your humble servant Jo. Archer.

Accepted J. Wright. Indors'd James Hallyard , George Glover , and Benj. Tittley .

Mr Vaughan. (He is show'd a bill) I don't know how this was paid; whether in money or a draught; it was paid at Messieurs Honywood and Company; it is read to this purport.

Sunderland, 27th of June 58.

Sir, sixty-five days after date, pay Mr James Hallyard , 192 l. for value receiv'd,

From your's, Jo. Archer.

Accepted, John Wright; indors'd, James Halyard, John Glover , Benj Tittley .

He call'd Mr Geo Stamforth , Mr Jennew, Mr Godhelp, Mr Gordon, Mr Bramsford, Mr Smith, Mr Chitty, Mr Maud, Mr Fishwick, Mr Greenwallers, and Mr Calvert; who had all known him a considerable time; and gave him an exceeding good character.

Acquitted .

He was a second time indicted, for publishing the said bill; knowing it to be fictitious . No evidence produc'd.

Acquitted .

200. (M.) Solomon Peters was indicted for stealing one bill of exchange; signed Anthony Selvin ; value 3 l. the property of Ann Selby ; March 17, 1758 . ++

Ann Selby . I had a bill of three pounds, drawn upon Mr Robert Cliff , Banker, in Lombard-street; which I receiv'd from Mr Anthony Selvin of Durham; he having appointed to lend me 50 l. he order'd me to return this in a post letter, and he would send me 50 l. I put it in a letter before the bill was due, and deliver'd it to the prisoner, to put it in the Post; after that I had word came, it was not receiv'd; I ask'd the prisoner about it; he own'd he had broke open the letter, and taken it out; and had receiv'd the money for it.

James Quin. (be produc'd the draught) This I receiv'd of the prisoner at the bar, above a year ago; he ow'd me half a guinea, and I gave him the rest of the cash; I paid it to Mrs Macoby, and she gave me 3 l. for it.

Ann Macoby . The draught that Mr Quin deliver'd to me, I kept it 'till due; then I sent my man ( name, John Smith ) with it for the cash.

John Smith . I carry'd it to Mr Cliff's, and receiv'd the money for it; here is my name on the back of it.

Thomas Bourne . I am clerk to Mr Cliff, and Co. I remember particularly well, Mrs Selby bringing this draught to our house, before it was due; and when Mr Smith brought it afterwards; I paid the money and took it.

The draught read.

Sir, Pay to Mrs Ann Selby , or order; the sum of 3 l. thirty days after date; and place it to account of your humble servant,

Anthony Selvin .

To Mr Robert Cliff ; Lombard-street.

Durham, February 12, 58.

The prisoner in his defence, said, he was near upon marrying to the prosecutrix then; but it is since broke off; and that she gave him liberty to take the draught and make use of it.

Guilty .*

* See him tried before, No. 13. in this Mayoralty. See also No. 6. in Sir Charles Asgill 's Mayoralty. One for stealing plate, the other for forgery.

[Transportation. See summary.]

201. (M.) Catharine Eagan , spinster , was indicted for stealing one guinea and a half , the money of Charles Dighton ; May 7 . ++

Charles Dighton . I live in Clerkenwell : I was asleep in bed, and my breches, and a guinea and half in them, under my head: when I awoke, my money was gone, but the purse left behind: the prisoner lodging in the same house, I charg'd her with taking it; she at first deny'd it; but at last own'd it, and produc'd it.

Guilty .

[Transportation. See summary.]

202. (M.) Ann Bailey , spinster , was indicted for stealing four linnen gowns, value 5 s. three linnen aprons, two silk handkerchiefs, five linnen handkerchiefs, two linnen wastecoats, one pair of stays, four yards of linnen cloth, one dimitty skirt of a coat, and one pair of worsted stockings ; the goods of Nicholas Philipson , May 16 . ++

Guilty .

[Transportation. See summary.]

203. (M.) Thomas Gill was indicted for stealing one silver spoon, value 10 s. the property of Samuel Brinkle , May 11 . ++

Samuel Brinkle . I keep the bunch of Grapes , Castle-street, Long-Acre : I lost a silver spoon; justice St Lawrence sent for me, and deliver'd it to me; I was not at home when it was lost.

John Merrit . I am a Watch-maker: looking from my window, I observ'd the prisoner with a silver spoon, among some timbers, indeavouring to break it; I went and told Mr Hooper of it; we went and took this spoon from him, and took him before justice St Lawrance: the spoon having been advertis'd by the prosecutor, he was sent for, and it was deliver'd to him.

Mr Hooper confirm'd the last evidence's account. The spoon produc'd in court, and depos'd to.

Prisoner's Defence.

I found that spoon on a dunghill.

Guilty .

[Transportation. See summary.]

204. (M.) Mary Manby , spinster , was indicted for stealing one silver watch, value 3 l. the property of William Read , April 16 . ++

William Read . I was coming home from my work; the prisoner follow'd me to pretty near where she liv'd; she said to me, if you will go along with me, I'll give you a pot of beer, and make ready your supper? she saw I had got it in my hand. I was a little merry, having had two or three pots of beer that day; she took hold of me by the arm, and took me into the house where she lived; and another woman took me by the collar: I saw the prisoner was getting my watch; I laid fast hold on her cloaths; and she got a knife, and cut her cloaths; and left me a handful of cloaths, and nothing else; and went away directly.

Q. Did she take the watch with her?

Read. She did, I had seen it in her hand.

Q. Did you catch her soon?

Read. No, I found her about a week afterwards; I had told an old woman that knew her, I would give her half a guinea to let me see her: then she went to a house and came back again, and took me to the prisoner: I had a warrant in my pocket from justice Berry; I took her there, and he committed her.

Q. Did you ever see your watch since?

Read. No.

Q. Did she confess any thing?

Read. She said she had given it to another person; and that person had carried it to pawn for 4 s. and 6 d. she said before the justice, that I had given her the watch to pledge for 2 s.

Q. Did she own that she had taken it?

Read. No.

Q. Was you sensible at the time?

Read. I was quite sensible; I had been drinking a little, but was not out of the way.

Prisoner's Defence.

The woman that was guilty of the fact, was taken up, and clear'd last sessions.

Q. to Prosecutor. Is that true?

Prosecutor. I found a bill against a person that took me by the collar, but I happen'd not to be here when she was try'd; so she got out.

Q. What was the value of your watch?

Prosecutor. It was worth 3 l.

Acquitted .*

* See Elizabeth Murphy , No. 172. in last paper.

205, 206. (M.) Ann Goldsmith , single woman, was indicted for stealing one silver tankard, value 10 l. the property of Frances Andrews , widow; in her dwelling-house ; and Abraham Cook , for receiving the same, knowing it to have been stolen , April 30 . ++

Frances Andrews . I keep the Crown and Anchor, a publick house , near the 7 Dials: the last day of April, I lost a two quart silver tankard; I do not of my own knowledge know who took it; neither do I remember seeing the prisoner Goldsmith in my house, that day: she lodg'd over-against my house, and but very seldom came: I sent to Mr Fielding to have it advertiz'd; and also, to have warning-bills dispers'd about from Goldsmiths-Hall: Mr Smith, and Mr Low, brought the prisoner to my house three weeks after, when I ask'd her about it: at first she deny'd it; but after some time, she confess'd she was in my house on the 30th of April, along with a man; that he took it; and she went to the door with him, and said, For God's sake do not take the poor woman's tankard; what will you do with it? he said, he knew where to sell it: and that the man met her at Mr Cook's shop the next morning, and she took it of him, and went in and sold it to Mr Cook; she down on her knees and ask'd pardon. Then Mr Lee, another person, I, and the prisoner; went to Mr Cook's; Mr Lee ask'd Mr Cook if he bought a two quart tankard of that woman? he said he did, and he gave 9 l. 10 s. for it; that it weigh'd 38 ounces; and that she had bought a moutning-ring; half a dozen tea-spoons; and a pair of tea-tongs of him; she told us she sold it him on the first of May; this was three weeks after. Mr Cook said it was melted down: we took the woman before the justice; she confessed the same there; Mr Fielding sent for Mr Cook, he own'd he bought it: Mr Sanders was sent to Mr Cook's house, and brought the tankard; it was cut to pieces. Produc'd in court.

Richard Lee . I hearing the prosecutrix had lost a silver tankard; I was after that at Mr Smith's house, the sign of the ship; he told me he had like to have lost a silver tankard; he said a woman came and desir'd his wife to show her the way to the vault; and while he was gone about some business, the woman took a silver tankard out of the bar, and was going away with it; that he went after her, and took it from her, and let her go: I told him Mrs Andrews had lost a two-quart one; then Mr Smith and I went to the Cheesemonger's where the prisoner lodg'd, she being the woman that had like to have had his; we brought her over to Mrs Andrews. The rest as the prosecutrix depos'd.

Arthur Henington . I went along with Mr Lee, and the prisoner, to Mr Cook's, after the prisoner had confessed she had sold the tankard there. He confirm'd that of the prosecutrix.

Cross Examination.

Q. Did Mr Cook make any scruple in owning he had bought this tankard?

Henington. No, none at all.

Q. Have you seen the Warning from Goldsmith's-Hall.

Henington. I have. He is show'd it.

Q. Look at it. Tell what are the marks describ'd in it of the Tankard.

Henington. It is described, marked I I H.

Q. Now look upon the handle of the tankard; what are the letters there?

Henington. He takes it in his hand, this is I S B. I can tell how this was; I went for the prosecutrix to Goldsmiths-Hall, and had the bills printed. She said she could not be positive to the letters, but she could recollect the weight, which she thought to be 40 ounces. She ask'd the maid the letters, and the maid said, she believed they were I I H; it was described also with the bottom bruised. The warning-bill read.

Michael Saunders . I was sent for to justice Fielding; there the woman was, and she acknowledged she had sold the tankard to Mr Cook. The justice order'd me to fetch him, knowing he lived in credit. I went, and he came, and said he had bought it, but had melted it down. The justice sent me to search, and Mr Cook's wife deliver'd it to me cut to pieces. He admitted them pieces was the tankard he had bought of the woman at the bar.

Goldsmith's Defence.

One Mr White was with me at Mrs Andrews's and he took the tankard from the table in the tap-room. I desir'd him to carry it back again. He said no. The next morning I carried it, and sold it to Mr Cook.

Cook's Defence.

This woman, meaning Goldsmith, has been backwards and forwards at my house for this year and half past. She went by the name of Mrs Phillips. She used to say her husband had an income of 200 a year. She frequently used to pretend she was going to market, and would come in, and sit sometimes a quarter of an hour. One time, I remember, she told me, her husband belong'd to the War-Office. At that time she appear'd to be big-bellied: that was about a year and half ago. She came on the 1st of May in the morning. I was busy with a customer in the shop. I desir'd her to walk into the parlour. She sell a telling my wife she had a relation died in the country about 15 miles off, and she had left her a two-quart tankard, a pint mug, a half pint mug, and other things; and she had left a nephew of her's a thousand pounds; but he was extravagant, and she was afraid he would run through it. She told me, her aunt's name was Bennet. She said, that tankard was not altogether so useful for her, she would depose of it; and that her husband bid her to lay the money out in what manner she pleased. She said she could do no less than have a mourning-ring for her aunt; and gave me the letters that were upon the tankard to put upon it. She bought a plain gold ring, and half a dozen tea-spoons. On the Wednesday morning came a Warning from Goldsmith's-Hall; it surpriz'd me, describing a 2 quart tankard; but when I found the letters did not answer with the letters in the Warning, I concluded that could not be the tankard mentioned in the Warning. And one thing is very remarkable on the tankard, all 3 large capital ***, not mentioned in the Warning. Besides, the Warning says, the handle bent, the lid crack'd, the bottom much bruised. The bottom of this was very smooth, as a new tankard. I had it in my house about a fortnight before I broke it to pieces. I gave 5 s. per ounce for it. It is the usual way all silversmiths do before they melt, they cut the silver into small pieces.

He had many witnesses to his character; but the jury said, they were well satisfied as to his innocency, without calling any.

Goldsmith guilty of stealing, but not in the dwelling-house .

Cook acquitted .

[Transportation. See summary.]

207. (L.) Mary Brainer , widow , was indicted for stealing one man's hat, value 6 d. one pair of breeches, value 3 s. one petticoat, value 4 s. one gown, value 4 s. two aprons, value 2 s. one cap, value 5 d. and one handkerchief , the property of William Bobet , May 28 . ++

Alice Bobet . I am wife to the prosecutor; I went to dip a child in the water that has not it's health; and when I came home, I met the prisoner on the stairs coming down from my room. I ask'd her were she had been. She said somebody call'd Old Cloaths; so she went up, that being her business. I let her go down. I ran up, and missed the things mentioned in the indictment. I ran in the street, and made an out-cry, and she was taken with my goods upon her.

Prisoner's Defence.

I used to buy old cloaths in the house where these people live. I went up to see if they had any more to sell. I had these things in my apron, having bought them of a woman for 14 s. 6 d. about half an hour before.

Guilty .

[Transportation. See summary.]

208. ( L) John Johnson was indicted for stealing one silk handkerchief, value 10 d. the property of William Myers , April 30 . ++

William Myers , on the 30th of April, between 9 and 10 in the evening, going along Cheapside I perceiv'd a hand in my pocket, which was the prisoner's. He ran 'cross Cheapside, I followed him, and charg'd him with taking my handkerchief. He denied it. I looked, and found it in his hand. Produc'd and depos'd to. Then he said he found it on the pavement.

Prisoner's Defence.

I saw the handkerchief drop from the gentleman, and took it up.

Guilty .

[Transportation. See summary.]

209. (L.) Louis Fernandez was indicted for making an assault on Alexander Peddie , putting him in corporal fear and danger of his life in the kings high way, and stealing from his person one silver watch, value 40 s. one pocketbook, value 18 d. and one walking cane, value 3 s. his property , April 25 . ++

The prisoner being a foreigner an interpreter was sworn.

Alexander Peddie . I was in Mark-lane about three quarters of an hour after nine in the evening, on the 25th of April; I had set my foot in a hole and hurt myself very much.

Q. Was you sober?

Peddie. I was: the prisoner came and said, Captain, have you hurt yourself; said I my lad I have, do you know me (I observed he had white trousers on); he said, I know you very well; I said, where did you see me, in the Streights, or at Portugal, or where, or did you ever fail with me; said he again, I know you very well; I look'd him full in the face that I might know him, and said, I am going to nightingal-lane in East-Smithfield, where I lodge, and I'll give you something to drink if you will go with me home; he took hold of my arm and we walked about thirty yards together to the corner of Mark-lane, near Alhallows Church ; there he put his foot before me and tripped me up; I fell with my face upon a stone; he pretended to help me up again, and at that time I think he robbed me of my watch and pocketbook; I know my cane fell out of my hand in the fall; I did not feel him take them.

Q. Did he ask you to deliver?

Peddie. No.

Q. Did he use any words to affrighten you ?

Peddie. No: he ran away after I was down; he was taken a day or two after; the other witnesses can say more.

John Neal . I am a Watch-maker; about noon in the day that Captain Peddie was robb'd the prisoner came in for a watch-key; my servant was in the shop, and after the prisoner was gone he miss'd a watch. My servant describ'd him as a foreign sailor . In the morning he and I went about in St Katherine's, where the Spaniards and Portugueze use, and in every house left a description of the watch and man, and told where I liv'd. We could find nothing of him. Before I sat down to dinner came the landlord of the first house that we had call'd at, and said, he had heard of the man that robb'd me, and the watch too. He said the man had been taken up on the other side the water for stealing a watch, and he was set clear, on condition of being sent to sea. I went along with him, and found the prisoner. We search'd him, and found an arbitration-bond upon him, which he pretended was a protection. Produc'd in court.

Prosecutor. This is my property. This was in my pocket-book.

Neal. He speak tolerable English. I charg'd him with stealing a watch out of my shop. He acknowledg'd he had sold one that morning, and took us to the place where he had sold it in the Minories. It appear'd to be the prosecutor's watch. We brought him before my Lord-Mayor. Then I begg'd of my Lord-Mayor to let an officer go and inquire after the directions of that bond; and the result of that inquiry brought out this matter. Captain Peddie gave me directions, where he had his watch mended; the name and number of the watch, and all proper descriptions; we brought the watch before my Lord-Mayor; we went and searched the prisoner's lodgings; and found the Captain's pocket-book with all or near all his papers, that he had said were in it. The watch was found at Mr Bidlock's in the Minories.

Mr Bidlock. I bought this watch of the prisoner, I gave him 40 s. for it. Produced in court and deposed to by prosecutor.

Q. Did the prisoner speak English ?

Bidlock. He spoke so well, as he said he gave 50 s. for it.

Prisoner's defence.

Another foreigner gave me the watch and pocket-book.

Guilty of felony only .

[Transportation. See summary.]

Their Lordships the Judges having last Sessions acquitted Stephen Macdaniel , John Berry , and Mary Jones , for the murder of Joshua Kidden , where the verdict was found special in June Sessions, 1756.

110, 111. Mary Jones and John Berry were indicted for wilful and corrupt perjury on the trial of Joshua Kidden .

No evidence appeared.

Acquitted .

112. John Berry , Stephen Macdaniel , and Mary Jones , were indicted for a conspiracy, to defeat the public justice of this kingdom, in causing Joshua Kidden to be executed for a robbery which they knew he was innocent of, with intent to get into their possession the reward offered by act of parliament, &c.

No evidence appeared.

All three acquitted .*

* See the trial of Kidden , No. 129, in Mr. Alderman Rawlinson's Mayoralty.

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

To be transported 14 years 2.

Mary Thurston , William Lloyd .

To be transported 7 years, 18.

Ann Saunders , Mary Panl , Thomas Hoskins , Lovis Fernandez, Mary Brainer , John Johnson , Thomas Taylor , Isaac Silver , Soloman Peters, Catharine Eagan , Ann Bailey , Thomas Gill , Ann Goldsmith , John Guest , John Henfield, Peter Mason, Thomas Ludlam , Elizabeth Wynt .

To be branded

Martha Jones .

To be whipped, 1.

Martha Dollings , otherwise Mason.

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(The Third Edition corrected)

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