Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 December 2014), September 1759 (17590912).

Old Bailey Proceedings, 12th September 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 12th, Thursday the 13th, Friday the 14th, and Saturday the 15th, of SEPTEMBER, 1759.

In the Thirty-third Year of His MAJESTY'S Reign. NUMBER VII. for the YEAR 1759. Being the seventh 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 RICHARD ADAMS , Knt.* Sir WILLIAM MORETON , Knt. Recorder ++, and others of His Majesty's Justices of Oyer and Terminer for the said City.

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

London Jury.

William Wheeler

William Harris

William Cross

John Gattery

Philip Stanley

Russel Farrall

Samuel Wyat

Benjamin Jewson

Thomas Wood

William Cooper

Charles Stewart

John Ealy

Middlesex Jury.

George Norris

Richard Davies

Charles Shapley

William Watson

James Black

John Butler

Nathaniel Betts

William Strickney

John Meadows

Lawrence Drummond

Thomas Spencer

Thomas Bird .

245. (M.) Jonathan Gibson was indicted for that he on the 8th of April , about the hour of two in the night on the same day, the dwelling-house of Robert Pine , did break and enter, two silver tea-spoons, value 1 s. 6 d. one silver lid to a tea-pot, three pair of leather shoes, and two cloth cloaks, in the said dwelling house did steal, the goods of the said Robert .*

Robert Pine. I am a Portrait-Painter , and live in St Martin's-lane : in the night on the 8th of April last my house was broke open. The next morning Thomas Olivant , my servant, came before I was up between seven and eight o'clock, and asked me if I knew any thing of two silver tea-spoons, and the silver cover of a tea-pot, they being missing from the beaufett in the parlour, the usual place for them to be in; we were a little alarmed at it; upon looking further we missed out of the cupboard in the hall, almost all my old shoes, I can be certain to three pair, and a couple of old cloaks; they had been used the night before, it being wet, for my children to come home in.

Q. Was your outside door fast over night?

Pine. As I came in, I either put the chain up or saw it put up, I do not know which, and my servant told me it was down the next morning. We found one of the sashes in the one pair of stairs room was up, which window the lower part of it was use to be blinded, for the conveniency of my business and very seldom opened.

Q. Was that sash up when you went to bed?

Pine. I cannot say whether it was or not, not seeing it, that window opens into the street, and no outside shutter; I was very thoughtful, whether it might not have been done by some of my own people, and who might have opened that sash as a blind, so was the more curious in inspecting the place. I observed upon the window-seat the print of one foot, which I look upon to be not occasioned with the dirt of the street, but the print of the foot on the dusty seat; and upon examining the other windows, on two of them on the outside, were the marks of two fingers in the dust on them, in endeavouring to get the sashes up.

Q. Did you know the prisoner before?

Pine. He was my servant , and had been discharged some months before. I had some regard for him, and had a good character with him.

Q. How came you to take him up?

Pine. He was taken up for another offence about two months ago, and it being rumoured about of his having been guilty of several such like offences, I went and saw him at Justice Welch's. There I asked him if he knew any thing of my things, or was in my house at this time. He owned he had taken the things, and mentioned the places where he had disposed of them; he said, he had sold the two tea-spoons and the lid of the tea-pot to Mrs Granvil, a Silversmith in St Martin's-lane, and that the shoes he wore himself. I do not remember any notice was taken of the cloaks, they were old ones and little worth.

Q. Did he say how he came by the things?

Pine. He said, he got in at the window that we found open.

Q. Did he mention what time?

Pine. I think he said, about two o'clock. I know he did mention that hour to some of the facts which he was charged with, but can't be particular as to the fact now before the court.

Thomas Olivant . I am Servant to Mr Pine. I know the street-door was shut when we went to bed that night about eleven o'clock, and I found it undone in the morning.

Q. How was it fastened?

Olivant. It was fastened with the chain put up a-cross the door, and the chain was down in the morning, then I missed the two silver teaspoons and the top of the silver tea-pot.

Q. Are you sure they were in your master's house over night?

Olivant. I am sure they were in the beaufett: upon further search we found some of my master's shoes were missing, and two cloaks; my master and I found a sash up in a one pair of stairs window.

Q. Can you tell whether that sash was down over night?

Olivant. That is hardly ever up, but I did not observe it over night.

Q. How could a man get up to that window?

Olivant. There are large rails on the outside the window, from the top of which he might get to the place over the door, and so to the window.

Q. Is the window that the sash was open next to the door?

Olivant. No it is not.

Q. to Prosecutor. Have you got any of the things again?

Prosecutor. I have seen the two tea-spoons in the custody of Mrs Granvil.

Mrs Granvil. (She produced two silver teaspoons). These I bought, I believe, of the prisoner at the bar; I know nothing of the top of the tea-pot.

Q. Where do you live, and what is your business?

Mrs Granvil. I live in St Martin's-court, and keep a Silversmith's shop.

Q. When did you buy them?

Mrs Granvil. I believe about four or five months ago.

Mr Pine produced a fellow-spoon which was compared with the other two.

Mr Pine. I am sure these are my spoons.

The Prisoner said nothing in his defence.

Guilty of Felony only .

He was a second time indicted by the same name, for that he on the 16th of May about the hour of two in the night on the same day, the dwelling-house of Thomas Seymour , did break and enter, and one cloth coat, value 5 s. one hat, value 2 s. and 15 s. in money numbered, the property of the said Thomas; and one cloth coat, value 2 s. the property of George Rutherford ; one cotton-gown, value 5 s. and 8 yards of silk and incle for a gown, value 10 s. the property of Ann Crow , spinster, did steal, in the dwelling-house of the said Thomas Seymour *.

Thomas Seymour . I am an Apothecary , and live in Jermyn-street : the prisoner once was an errand-boy to a friend of mine, who lodged in my house about a fortnight.

Q. Did the prisoner lie in your house?

Seymour. No, he did not: he was hired as a daily servant.

Q. When ?

Seymour. In April last: when I got up on the 17th of May in the morning, my servant informed me my house had been broke, saying the door was found open, and in the one pair of stairs room, a sash of a window was up, which looks into the street.

Q. What did you miss?

Seymour. I missed sixteen shillings of my money out of the till in the shop; two coats and a hat out of the shop, one coat was mine, and the other my apprentice's, named George Rutherford .

Q. Was that money all that was in the till at that time?

Seymour. It was all but one half-penny which was lest: we keep an exact account of all the money I take; we searched farther, and found in a garret a gown, and a piece of stuff to make another, missing, belonging to my servant Ann Crow . I gave a particular description of the things, and had them advertised, then a Salesman brought the two coats on the day of the advertising which was the 18th.

Q. What is the Salesman's name?

Seymour. It is William Cave : (The two coats produced in court.) I know these two coats, one is mine, the other the property of George Rutherford , the Salesman told me what sort of a man he bought them of, then I went to Justice Welch and got a warrant to take up the prisoner. This was six weeks or two months after the robbery. When he was before the Justice he owned he took the two coats, and that he got in at my one pair of stairs window, by getting upon the leads two doors from my house, and so came along the leads to my window, as there is a communication the one house with the other.

Q. Did he say he found the window open, or that he opened?

Seymour. He said, he opened it himself, to the best of my remembrance, but I can't be sure: he told us where he had pawned the gown, and piece for a gown.

Q. Did he mention the time in which he got in?

Seymour. He said, he got in about two o'clock in the morning, and went from one part of the house to the other to get what he could.

Q. Did he say he took the money out of your till?

Seymour. I do not remember that he did: he told us where he had pawned the girl's gown and piece of stuff, one with Mr Burgess, a Pawnbroker in Gibson's-court, and the other with Mac-Adam in Vine-street, and that he had lost the hat.

Q. Did he say which way he went out of the house?

Seymour. He said, he went out at the passagedoor which goes into the street. I went to the Pawnbroker's and found the things accordingly. The gown and piece of stuff produced.

Prisoner. The window was open when I went in.

George Rutherford . I am servant to Mr Seymour: I got up in the morning after the robbery, before six o'clock, and observed the streetdoor was open.

Q. Was it fast over night?

Rutherford. It was bolted with two bolts and locked, about eleven at night, at the time the family went to bed.

Q. Do you know whether the sash-window was up or down over night above stairs?

Rutherford. That I know nothing of, whether open or shut. There were two coats missing, one my master's, and the other mine; my master's hung upon a nail, and mine over the back of a chair in the shop over night; there was a silver laced hat missing, and about sixteen shillings out of the till, which I know was in it over night, within six-pence over or under.

Q. Was the till locked?

Rutherford. No, it was not: I was with the prisoner before the Justice, and heard him confess he stole the gowns out of the back part of the house, and the rest out of the shop: he also said, that the gowns were pawned, and the cloaths sold to a salesman. Produced in court. These two coats here produced, are one my master's and the other mine.

Ann Crow . I am servant to Mr Seymour, (She takes the gown and piece of stuff in her hand) these are my property: they were in the house in a chest of drawers over night, but the drawers were not locked.

Q. Are all the doors left open within side the house, from where the window was open, so as to go to your room, and down into the shop?

Crow. They were not locked nor bolted.

Q. Was the window open over night up one pair of stairs?

Crow. I cannot say whether it was or not.

Q. Did you observe any mark of breaking near it?

Crow. No; I did not.

William Cave . I live in Red-Lion-Street, near the Seven Dials. I am partner with my father, and keep a sale-shop. The prisoner brought two coats to me on the 17th of May last. I gave him ten shillings for them. He said he was a gentleman's servant, and they were his master's cast-off cloaths, which he had given to him.

Q. What time of the day did he come to you?

Cave. I can't recollect that.

Thomas Burgess . I live in Gibson's Court, I am a Pawnbroker, the prisoner brought me this gown (taking the gown in his hand) to pawn on the 18th of May. I let him have 8 s. on it. He told me it was his sister's gown.

John Mac-Adam . I live in Vine-Street; the prisoner came to my house on the 17th of May (with this piece for a gown) taking it in his hand. He said it was-his fellow-servant's, and she did not chuse to pledge it herself, and desired him to do it for her; and that she had hired herself into my Lord Bathurst's family, and wanted a little money for pocket-money. I lent him 10 s. upon it.

Henry Nailor . I am servant to Mr Seymour. I got up first the morning after the robbery, and found the street-door open. I lay in a room joining the shop. In the middle of the night I heard some money rattle, but did not apprehend any danger, but when I got up I saw the till on the counter.

The prisoner said nothing in his defence. Acquitted of the burglary, guilty of stealing 39 s.

He was a third time indicted by the same name, for burglariously breaking, and entering the dwelling-house of Stephen Turner , on the 18th of July , about the hour of two in the night, and stealing one metal watch, value 30 s. one hat, value 6 d. one paper snuff-box, value 6 d. one pair of leather-bags, value 5 s. one shirt, value 1 s. one pair of thread-stockings, value 2 d. one silk purse, value 2 d. one Portugal piece, two guineas, two half guineas, and three shillings in money, number'd, the property of James de la Fountain , Esq ; in the dwelling-house of the said Stephen .*

James de la Fountain, Esq; I lodge in the house of Mr Stephen Turner , in St Martin's-lane . I went to bed on the 18th of July about eleven o'clock, and when I got up the next morning, between seven and eight, going to put my cloaths on I found my pockets had been robbed. I missed from my breeches pocket a 36 s. piece, two guineas, two half guineas, and some silver. It was in a green purse.

Q. Where had you put your breeches over night?

De la Fountain. They were lying in a chair by my bed-side. I missed a pair of bags and a shirt; a pair of thread stockings that hung on the back of a chair. My metal watch was taken from out of my breeches pocket, and a hat was taken from out of the room, but can't tell whether it was lying on a table or chair. There was a a paper snuff-box taken from out of my coat pocket.

Q. What room in the house did you lie in?

De la Fountain. In a back-room up one pair of stairs. There are three rooms on a floor. It appeared the thief came in at the dining-room window, then through the antichamber to my room. I immediately called the servant, and ask'd who had been in my room that morning? he said nobody.

Q. Did you observe whether any window in the dining-room was open over night?

De la Fountain. That I do not know.

Q. Did you know the prisoner before?

De la Fountain. No, I did not. About four or five days after I heard there had been some robberies committed in the neighbourhood in the same nature; and was told, the prisoner was committed to the Gate-House. I went there, and asked for the person; I was informed he was gone to be examined before justice Welch. I went there, and found he had been examined, but was gone back. I told the justice of what had happened. He said the prisoner was to be examined that day again at five o'clock, at which time I went again. I charg'd him with taking my things. He denied it. The justice told him he had better own it, it might be of service to him. He would not own any thing. I was going to take my leave of the justice, and looking hard at the prisoner observ'd a hat in his hand; I took hold of it, and found it to be the hat which I lost, producing it. The prisoner seemed a good deal confounded; and when I swore it was my hat, he owned to every article. Then the justice told him, if he had told the truth before it might have been much better for him. The prisoner said, he had given the snuff-box to a woman in the prison. I asked him which way he got into the house; I think he said he came in at the window.

Q. Did you ask him whether it was open or shut?

De la Fountain. No; I did not,

Q. Did he say which way he went out again?

De la Fountain. No; the door was found chained the next morning, so I imagine he went out at the window again. The snuff-box was returned me again by the keeper of the prison. The prisoner told where he had pawned the watch. Mr Welch sent away for it, and it was brought in about an hour's time. Produc'd in court and depos'd to.

Q. What is the Pawnbroker's name?

De la Fountain. Jourdan: he lives in the Strand. The prisoner owned he took my leather-bags, and the linnen in them; and said, he took a boat to go somewhere by water, and that they were lost in the river Thames.

William Smallshaw . I am servant to Mr Jourdan a Pawnbroker. On the 20th of July the prisoner pawned this metal watch to me for 27 s. He said it was his own property.

Thomas Hope . I am constable, I had the prisoner in custody. I was by when he gave information of all the things of the other prosecutors, and Mr De la Fountain's also, before justice Welch.

Q. Did you hear him say how he got into the house?

Hope. No; I did not.

The Prisoner said nothing in his defence.

Guilty of Felony only .

He was a fourth time indicted by the same name, for that he, on the 24th of April , about the hour of two in the night, on the same day, the dwelling-house of Thomas Seymour did break and enter, and one piece of linnen cloth, value 15 s. one yard and half of cambrick, value 1 s. eight linnen shirts, value 2 l. and three pair of thread-stockings, the goods of John Baldwin , in the dwelling-house of the said Thomas did steal .*

Mary Walthoe. I was servant to Captain Baldwin, who lodged in the house of Mr Seymour, in Jermyn-Street. The captain went out of town the night before the 23d of April, and in the night of the 24th we lost all the linnen out of a drawer in the buroe in the diningroom up one pair of stairs. I missed them in the morning about 10 o'clock.

Q. Were the drawers lock'd over night?

Walthoe. They were, but the key was left in the lock.

Q. What did you lose?

Walthoe. There were eight shirts, a piece of linnen to make three more, a yard and half of cambrick, three pair of thread-stockings. I found the window with the sash open.

Q. Was it shut down over night?

Walthoe. I will not be positive of that. The outside doors were locked over night; so that whoever took the things, I believe, had been in no other room besides the dining-room, the other doors being found lock'd in the morning. We found the goods at three Pawnbrokers, one in St Martin's-Lane, one in Gibson's-Court, and another name Spires.

Thomas Burgess . The prisoner brought three shirts, and pledged them with me, one the 25th, and one the 26th, and one the 30th of April.

John Mac Adam . The prisoner pledged a piece of cloth with me the 25th of April.

David Spires . I took in pledge five shirts of the prisoner at the bar, from the 26th of April to the 18th of May, at separate times.

The goods produced in court, and depos'd to as the property of the prosecutor.

The prisoner said nothing in his defence.

Guilty of felony only .

[Transportation. See summary.]

246. (L.) Elizabeth, wife of - Powis , was indicted for stealing one cloth waistcoat, value 3 s. the property of the George Neal , Aug. 18 . ++.

Eliz. Latham. I am servant to Mr George Neal , in White-Lion-Court, Cornhill . The prisoner came to our door to ask charity on the 18th of August last; I told her I had nothing to give her. She seemed to turn from the door, and I went down into the kitchen. I had been down but a very little time, before a young man came and told me, he believed a person had taken something out of the parlour. We both ran and took the prisoner in Cornhill, and took her back, and found the waistcoat in her apron.

Q. Where was it before?

Latham. It was hanging on a chair-back in the parlour.

Q. Was the parlour-door open or shut when she was at the door?

Latham. It was only shut. The prisoner said she took it out of necessity. The waistcoat produc'd in court and depos'd to.

Thomas Bucknell . I live servant with Mr Pindar, opposite Mr Neal's in White-Lion-Court; about six o'clock in the afternoon, on the 18th of August. I saw the prisoner come out of Mr Neal's door with something in her apron; I went and told the maid of it, and we followed her and took her, and found this waistcoat in her apron.

The prisoner said nothing in her defence.

Guilty .

[Transportation. See summary.]

247. (M.) Edward Dixon was indicted for stealing three guineas, one half guinea, and 10 s. and 9 d. in money, one pair of worstedstockings, value 2 s. and one linnen shirt, value 5 s. the property of Joseph Haselham , privately from his person , Sept. 8 . ++

Joseph Haselham . I live at the George in St Giles's: the prisoner and I were together at the Castle and Falcon on the 8th of September, between six and seven in the evening.

Q. Where is that?

Haselham. In St Giles's parish in Holborn . We had been there about half an hour. We had been drinking at the George about three hours, that is in Broad St Giles's, just before.

Q. How came you, after you had been drinking so long there, to go to the Castle and Falcon?

Haselham. I was a little in liquor. There were four of us; we had been all together; there were serjeant Coles, he belongs to the Guildhall subscription; he is now out of town. I believe we were all four together at the Castle and Falcon about half an hour. I laid my head on the table and fell asleep; they were all there then but the serjeant, he was gone out. I believe I slept about an hour. When I awaked I found myself alone. When I went to sleep I had 4 l. 5 s. and 9 d. about me; three guineas and a half in gold, the rest in silver, and 3 d. in half-pence. He left 18 d. in my pocket.

Q. How much silver?

Haselham. I can't tell justly how much silver, having changed a guinea just before. We paid 8 d. each, but the serjeant, at the Castle and Falcon, but do not know how much I spent at the George. I lost a pair stockings, which were afterwards found in the prisoner's pocket: they were taken out of my right-side pocket.

Q. What time did you awake?

Haselham. I believe about half an hour after seven.

Q. How came you to suspect the prisoner?

Haselham. Because a person that is here told me, he saw him take my things out of my pocket, upon which I took him up, and charg'd him with it. I took him before the justice, there he denied it. The stockings were found in his pocket when I first took him up. The shirt was found at his cousin's in Gray's-Inn-Lane. I was at the finding of it. We went there by the direction of a man that was with him when he left it to be washed, but he is not here. A shirt and stockings produced in court and depos'd to.

Q. When did you take the prisoner up?

Haselham. We took him up on the Sunday, at the George in St Giles's.

Q. from prisoner. What did the landlady of the house say to you when you miss'd the money?

Haselham. She said, the prisoner had taken it.

Q. from prisoner. Whether or not the landlady did not say she heard me say, that I, as a friend of your's, took it by way of security?

Haselham. She did say so; but before the justice he denied it, and said, he knew no more of it than he did of his dying day.

Q. Did you ever get your money again?

Haselham. Yes; he confessed the fact in the Round-House, and returned four guineas and a half.

Q. from Prisoner. What did you do with the four guineas and a half?

Haselham. The Justice ordered it into the hands of the Serjeant.

Prisoner. There is ten shillings and threepence due to me out of the money.

Prosecutor. There is that due to him; he could not give him exact the money, not having change, the ten shillings and three-pence is his property.

Q. If it had been in your power when that four guineas and a half were delivered to the Serjeant, you would not have prosecuted, would you?

Haselham. No, I would not have hurt the man.

Thomas Green. I was in the room when the prosecutor fell asleep: I saw the prisoner put his hand in his right-side pocket in a very private manner. I was within about four yards of him.

Q. Did you see any thing in his hand when he withdrew it?

Green. No, I did not. After that I saw him put his hand in his left-hand pocket.

Q. Was you one of that company?

Green. No, I am servant in the house: the prisoner and prosecutor were drunk, but the prisoner was the soberest I think of the two.

Acquitted .

248. (M.) Sarah, wife of Duncan Campbel was indicted for stealing one featherbed, value 4 s. one holster, value 2 s. two blankets, value 3 s. four linnen sheets, one pillow, two linnen pillowbiers, one handkerchief, one looking-glass, one woollen coverlid, the property of Peter Gascoyne , in a certain lodging-room let by contract , &c. Sept. 11 . ++.

Peter Gascoyne . I live in Lumber-court Seven Dials , the prisoner took a lodging of me about five weeks ago, to live by herself; all the things mentioned in the indictment were let with the room, at 1 s. 6 d. per week, last Wednesday night I missed the things; she was charged with taking them. She owned she had, and desired to stay in the house 'till morning, and said, she would go and show us where she had pawned them, which she did. We found a coverlid, a pair of sheets, and a pillowbier, at Mr Johnson's the corner of Crown-court, and the other things mentioned, at Mr Powell's in Tybourn-road, some of them are now at my house, and the rest here.

Thomas Powell . I live in Oxford-road: I am a Pawnbroker: on the 8th of August the prisoner pawned a blanket with me for two shillings, (that is at the prosecutor's house) and on the same day a looking-glass for eight-pence, the 11th a pillow for six-pence, on the 16th a small blanket for four-pence, on the 1st of Sept. a bed for four shillings, the same day a bolster for one shilling, on the 11th of Sept. a pair of sheets and pillowbier for two shillings. Produced and deposed to.

Henry Geer . I am servant to Samuel Johnson . He produced one coverlid, two sheets, and one pillowbier. These were pawned to me by the prisoner at the bar.

Prosecutor. These are my property.

Prisoner's Defence.

I did pledge them goods being in want, but I did it with an intent to return them again when I could.

Guilty .

[Transportation. See summary.]

249. (M.) John Morgan was indicted for stealing one copper sauce-pan, value 2 s. and one copper tea-kettle, value 2 s. the goods of Peter Browning , in a certain lodging let by contract , &c. July 7 . ++

Elizabeth Browning . The prisoner at the bar took a ready-furnished lodging of my husband, and there was in it a copper saucepan and a copper tea-kettle, which he took away.

Q. Where did you find them afterwards?

Eliz. Browning. He had pawned them at one Mr Hills, I found them there.

Peter Browning . I let the prisoner at the bar a lodging-room, and there was in it at that time the things mentioned in the indictment.

Q. Where did you see the things afterwards which he took away?

Browning. I saw them at Justice Welch's.

John Hills. I am a Pawnbroker: the prisoner at the bar brought these things to me on the 7th of July, a saucepan and tea-kettle. Produced in court and deposed to.

Prisoner's Defence.

I have no questions to ask any body, but I have some friends to call to my character.

To his character.

A Gentleman. I have known the prisoner a great while; he is a man universally respected; he was Post-Master of Hereford, and Clerk to the Dean and Chapter. He is near sixty years of age, I believe.

Guilty .

He was a second time indicted for stealing a blanket, a pair of sheets, a quilt, six cotton curtains, an iron poker, a brass fender, an iron shovel, one looking-glass, six prints with frames and glasses, a copper saucepan, a china tea-pot, four china cups, two china basons, and two china dishes, the goods of John Harrison , in a certain lodging-room let by contract , June 28 . ++

John Harrison . I let the prisoner a ready-furnished lodging with these things in it. I lost all the things mentioned in the indictment. I found them again at two Pawnbrokers, Mr Tripp and Mr Forestall's. Produced in court and deposed to.

The two Pawnbrokers deposed, the prisoner had pawned the goods to them which he brought at several seperate times.

Guilty .

[Transportation. See summary.]

250. (M.) Ann, wife of John Chandler was indicted for stealing one linnen gown, value 7 s. one linnen shift, value 2 s. and one linnen handkerchief, value 4 d. the goods of Sarah Robinson , widow ; July 30 .

Jane Drew . I know nothing against the prisoner, only she brought the gown to me and I bought it of her.

Q. When?

Drew. About five or six weeks ago. Produced in court.

Sarah Robinson the prosecutrix and Elizabeth Rogers were called, but did not appear. The prisoner was acquitted . Their recognizances ordered to be estreated.

251. (M.) Mary Ockelford , widow , was indicted for stealing four yards of linnen cloth, value 4 s. one linnen shirt, value 1 s. two pair of worsted-stockings, two linnen aprons, one damask napkin, and one muslin handkerchief , the property of Samuel Davidson , July 14 . ++

Samuel Davidson . I live near Cold-Bath-Field's : the prisoner was my servant for about half a year: I missed the things mentioned in the indictment. I suspected the prisoner, and took her up and carried her before Justice Welch: there she confessed she had taken the things, and I found them again by her direction at divers places, where she owned she had taken and carried them. Produced in court and deposed to.

Richard Parham . I had the prisoner in charge: she confessed to the taking the things, and went with me to all the Pawnbrokers where she had pawned them; she called for them and they were delivered accordingly, and we did not pay a farthing for them.

Q. Were there any promises of favour, if she would confess and tell where they were?

Parham. I do not know of any made her.

Q. to Prosecutor. Did you make her any promise to be favourable, if she would tell the truth.

Prosecutor. No: I did not.

Prisoner's Defence.

The gentleman said he would not hurt me if I would tell where the things were.

Guilty .

[Transportation. See summary.]

252, 253, 254. (M.) Jonathan Croam , Robert Flounder , and Christopher Carr , were indicted for stealing two cocks, value 3 s. and one hen, value 1 s. the property of Joseph Cooper , August 12.*

Croam, Guilty .

Flounder and Carr, Acquitted .

255. (M.) Mary Marlow , spinster , was indicted for stealing four half guineas, and 20 s. in money numbered, the money of Thomas Davis , in the dwelling house of Frances Dunn , widow, July 22.*

Thomas Davis. I live in Rose-street, Covent-Garden.

Q. Where does Frances Dunn live?

Davis. She keeps a lodging-house in Orange-Court, Drury-lane ; I happened to have a bad lodging there.

Q. Does she sell liquor?

Davis. No: but I had a woman there in her apartment.

Q. What woman?

Davis. A woman that I call'd in that was passing by the door?

Q. What are you?

Davis. I am a Taylor.

Q. What business had you there?

Davis. I wanted a lodging.

Q. What time of the night was it that you call'd her in?

Davis. It was in the morning; I wanted to lie down.

Q. What woman was it you call'd in?

Davis. It was Mary Marlow , the gentlewoman at the bar; she went up stairs with me; I trusted her; and told her what money I had.

Q. How much had you?

Davis. I had four half guineas, seven half crowns, and some other silver; the half crowns were in my coat pocket, and my half guineas in my fob.

Q. Was you drunk or sober when you went into that house?

Davis. I was middling; I can't say I was quite drunk.

Q. How came you to get in liquor so early in the morning.

Davis. I had been up drinking all night, and could not get into my quarters.

Q. What happened to you after you was there?

Davis. I told her not to rob me, because I knew her before; I paid for my bed and went to bed and nobody was with me but she; and when I awaked she was gone, and my money also.

Q. When did you awake?

Davis. I slept about three or four hours.

Q. Where had you laid your cloaths?

Davis. I had laid my breeches under my head, and my cloaths about my face upon me; when I awak'd, I cry'd to my landlady, what is become o f the woman that was along with me; here she is, said she, and the prisoner came up along with her; she ask'd what was the matter with me; I said, I was robb'd; she took three half crowns out of her pocket, and was putting them down her bosom; I could take my oath they were mine; and she was shifting the gold under her apron-string; and two bullies broke into the house, and came up and broke one of my ribs, and my landlady saved my life, or they would have murdered me and robb'd me of what I had about me; they and she all made off together.

Q. Did you get any of your money again?

Davis. I got only the three half crowns out of her bosom?

Q. How do you know those three half crowns were your's?

Davis. I have had them some time; they were remarkable pieces.

Q. What marks had they?

Davis. One of them was a Queen Anne's half crown; but what business had she to shift them out of her pocket into her bosom if they were not mine.

Q. When did you take her up?

Davis. I took her up about six weeks after she robb'd me.

Q. How do you know she robb'd you; you say you was asleep?

Davis. Nobody robb'd me but she I am sure.

Frances Dunn . This man ask'd me if he could have a lodging for six-pence, and said he would lie by himself in particular; I said, yes, you may, and for less money if you chuse it; he said, he had been at the next door to ask for his wife; I ask'd him who she was; he said, Mary Marlow ; I said, when was you married to her? he said, last Christmas; I said, you are mistaken, she never was married; he said, she was, and he had been to ask for her, and she was not come home; after that she came in; he sent for some beer and was reading the news; then he said, this woman shall see me go to bed, and nobody else; I said, take care, master, that your money is safe that you have got about you, pray show your money if you have any about you; he said, he had not a farthing of money but six-pence; out of which he was to pay for his bed and pot of beer; she went up stairs and made no longer tarry than to see him in bed and back again; he remained there 'till four in the afternoon; he awak'd and call'd for me; and said, where is that woman that lay with me; what, your wife, said I; then I went down to Bridget Mears 's, and saw her, and said, your husband is awake you must come up to him; she went with me to him; I lock'd my street door; he said, she had taken his money; I put my back against the room door, and said, if you have his money pray deliver it to him; she took something out of her pocket and dropp'd it down into her bosom; then I said, now you foolish man if it is your money go and get it; when he got them from her they were almost as black as a hat; she call'd out, murder, murder; in came two men, one of the men kick'd him; he said, he broke one of his ribs; she got away, and the two men laid him on on both sides, and got to his pockets and wanted more money; I put my arms about him, and said, you notorious wretches you shall not touch him, my life shall go for his.

Prisoner's defence.

He brought me up into the room with him, and said he had but a shilling for me and sixpence for the bed; I took it, and we laid down on the bed; he said, he would go to sleep; after that I came down stairs and gave Mrs Dunn the six-pence for the bed and went out.

Acquitted .

256. (L.) John Shirwood was indicted for stealing one silver watch, value 30 s. the property of Edward Young , August 27 . ++

Edward Young . The prisoner was my apprentice ; on the 27th of August the prisoner absconded from my house, about a quarter before six in the morning.

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

Young. He lived with me between three and four months; the silver watch was hanging in the kitchen, and it was missing when he was.

Q. What are you?

Young. I am a breeches-maker , and live in Coleman-street ; we suspected the prisoner had the watch; we made search after him, and found him on the Sunday evening following; his father-in-law had taken the watch from him; I examined how he came by it; he was very sullen; I charged the constable with him and he was taken to the Compter; there was no business done on account of the Fire of London; so on the Tuesday he was carried before Mr Alderman Nelson, who committed him to Newgate; he confessed to me, his father-in-law, and others, that he stole the watch from me and he had torn it to pieces; but I could never get him to tell where he sold the other part of it.

Q. How old is he?

Young. His father says he is sixteen years of age. (The movement and part of the dial-plate produced in court) This is all I have got of it; I had it from the prisoner.

The prisoner said nothing in his defence.

Guilty .

[Transportation. See summary.]

257. (L.) Elizabeth Simpson , spinster , was indicted for stealing one pair of stays, value 4 s. one linnen shift, value 1 s. one linnen checque apron, value 1 s. one lawn apron, one laced cap, one lawn handkerchief, two silk handkerchiefs, and three quarters of a yard of lawn , the property of Ann Rodbeth , widow ; August 15 . ++

Ann Rodbeth . I lost the goods mentioned in the indictment on the 15th of August last.

Q. Why do you charge the prisoner?

Rodbeth. She was my servant : I am a Pawnbroker : and these goods were pawned with me, and in my warehouse. I missed them out of the warehouse, and found them concealed in the room where the prisoner lay, I charged her with taking them: she confessed she did take them, and had destroyed the bills that were upon each.

Prisoner's Defence.

This is the first time, and I hope I shall never do so no more.

For the Prisoner.

Mary Starker . The prisoner lived three years and eight months with me, I have known her eight years. I never knew any thing of her, but what was honest and sober.

Guilty .

[Transportation. See summary.]

258. (L.) Susannah Smith , widow , was indicted for stealing three pounds weight of wool, value 1 s. 6 d. the property of James Challis , August 3 . ++

Guilty .

[Transportation. See summary.]

259. (M.) Richard Smith was indicted for the wilful murder of John Hillar , July 21 .*

Valentine Marrington. I am son-in-law to John Hillar the deceased; he was brought home dead on the twenty-first of July.

Q. Were there any marks or bruises upon the body?

Marrington. No, none as I saw.

John Baston . On Saturday the 21st of July about four in the afternoon I was in Mr Smart's field, and went with Mr Smart pretty near a rick of hay that was making; there were some men he had employ'd to unload some trusses of hay out of a barge to carry upon the rick.

Q. Where was this?

Baston. It was at Limehouse ; I saw Hillar the deceased upon the rick with others; Richard Smith was bringing a truss of hay to the rick.

Q. How high was the rick at that time?

Baston. It was about 9 feet from the ground. Smith went up the plank about 14 or 15 feet long. When he was got upon the top of the rick he went cross the rick; there was the deceased on the other side the rick, Smith pitch'd the truss of hay directly at the deceased.

Q. Did he do it on purpose?

Baston. On purpose, that is certain, with design to hit him; but I do not think it was with a design to kill him.

Q. What makes you think he threw it purposely at him?

Baston. By his manner of throwing it; and having crossed the rick to where Hillar was. Hillar was within about 3 feet of the side of the rick. The truss hit Hillar and knock'd him over the rick; he being a very tall man could not recover himself, he came down head and shoulders to the ground, and lay as dead on the ground.

Q. Did he say any thing to the deceased when he threw the hay?

Baston. No words passed on either side; there was no appearance of ill or good-will. Mr Smart stood just by me; he call'd out to the other people on the rick, for they all had their backs towards him, and said Smith had murdered the man; he had knocked him off the rick. Smith came down from off the rick and said, he hoped not, and seem'd to be in a very great confusion, and was much frighted. He said, if Mr Smart would send for a surgeon, he would make good the damage. The men jump'd from the rick, and went to help the deceased up. The deceased went by the nickname of Pash. Mr Smart called out, Pash; to hear if he could speak. Hillar spoke, but I can't tell what he said. He was taken up and carried into Mr Smart's house and set in a chair. Mr Smart sent for a surgeon. The deceased complained of his legs, and had quite lost the use of them. We lifted him up in the chair. When the surgeon came he found there was nothing broke. He lived about three quarters of an hour after, and died in the chair.

Q. What do you think was the occasion of his death?

Baston. I do not suppose that the fall of the truss of hay upon him kill'd him, but that his death was occasioned by his fall to the ground.

Q. Did you observe any previous circumstance between these two people that could lead to this?

Baston. No. The prisoner was attending the deceased, and seemed very much concerned, and did not go off after the man died; the young man went to his friends, and so surrendered.

Cross Examination.

Q. How many people were there on the rick besides the deceased?

Baston. I believe there were three people there besides him.

Q. What was the prisoner employed about?

Baston. To carry the trusses of hay out of the lighter to the rick.

Q. How large might the top of the rick be?

Baston. I can't tell; it might be 20 or 30 feet square.

Q. Was the deceased standing or stooping?

Baston. He had been stooping; and I believe he was rising up to receive that truss that came from the prisoner.

Q. Whereabouts did the truss hit the deceased?

Baston. It touched about the back part of his shoulders.

Q. Did the truss hit any body besides the deceased?

Baston. I do not believe it touched any body but the deceased.

Q. Had these people been making merry on the hay-stack?

Baston. I do not know; it was all done in 2 or 3 minutes time.

Q. What were the expressions that the prisoner made use of when he found what had happened?

Baston. He said, he hoped he had not killed him; if they would send for a Surgeon he would satisfy him.

Richard Ambrough . I was in the barge, where we took the hay from. Smith came laughing into the barge, and said, I'll take this truss of hay and sling it at old Pash, meaning John Hillar .

Q. Did you see what happened on the rick?

Ambrough. No, I did not; I was fourscore or a hundred yards from that.

Cross Examination.

Q. Did you imagine this was spoke by way of pastime?

Ambrough. They used frequently to play those tricks upon hay-stacks: that I have seen when I was young.

Q. Do you apprehend the thing was meant out of pastime?

Ambrough. I did not imagine he meant any harm by it.

Richard Mason . I was on the hay-stack at the same time: there was for about the space of 6 or 7 minutes a sort of a scrambling. The deceased was thrown down, and Smith upon him, and there was a little scramble among them in the middle of the hay-stack, between Hillar, Simon Stiles , and the prisoner.

Q. Was it by way of quarrel?

Mason. No quarrel; one pushed one down, and another another down, and a little hay was thrown upon them: This is a common case upon hay-stacks, in jest.

Q. Did you hear any thing said?

Mason. I believe the deceased did say, D - n you, what did you throw me down for? or some such words.

Q. Who did he say this to?

Mason. To Simon Stiles ; and I believe he gave Stiles a pinch on the chin; then Richard Smith got up, and all the fray was over, and he went down the board to the lighter to fetch another truss of hay: they all followed him in the same manner. The deceased was then making the hay-stack (being the maker); he was laying the outside course to keep it upright; presently after I saw Smith come with a truss of hay up the board, and the moment that I looked at him he looked at Hillar, who was stooping over the outside the stack, so near the outside, that he was putting in the edge of the stack with his hands, in order to keep it upright; another man, named John Taylor , was assisting him, with hay to lay round the edge of the stack; the moment my head was turn'd to throw some hay another way, the deceased was knock'd off. I heard a hideous groan; and after that, the first word I heard was, Mr Smart said, You villain, you have knock'd this man willfully off the hay-stack, and you'll be hang'd for it.

Q. Did you hear Smith say any thing in answer to that?

Mason. I cannot say that I heard him say any word at all, then Hillar was upon the ground.

Cross Examination.

Q. Did the prisoner jump down after him?

Mason. I cannot say that; I did not see him jump down.

Q. Do you believe the thing was done in jest or earnest ?

Mason. I believe it was done no other way than in jest.

Q. Were they in good friendship ?

Mason. I saw no difference between them.

Q. What sort of a man is the prisoner as to his character ?

Mason. He has lived with Mr Smart 4 or 5 years, and I am not in the same branch that he is (although I live there). Mr Smart is the properest man to give him a character.

John Hamlen . On the 21st of July, between 4 and 5 in the afternoon, I was employed in carrying some hay for Mr Smart, I saw a scuffle on the hay-stack between Samuel Stiles and the deceased. I said to Stiles, you had better desist, and let us go about our lawful employment. He did; and he and I and the prisoner at the bar, were going from the hay-stack to fetch more hay. Smith said to Stiles, D - n him, had I been in your place, I would have thrown him off the stack: he got a truss of hay, and returned with it, and that same truss he knock'd him off the hay-stack with. I was just behind him, but did not see it done, he being upon the rick before me; then I heard an out-cry, that the man was off the stack before I got upon it. I jump'd off the plank and went to Hillar's assistance. I ask'd him who had done it, he said Richard Smith . I and another man carried him into the house. I never heard him speak after to the time of his death, only once he said, Lord, have mercy on me; Lord, have mercy on me. He fainted away in about 8 or 10 minutes after he was in the house in a fit. Mr Smart said to the prisoner, You have wilfully killed the man, and you will be hanged for it. Then Smith cry'd out, Lord, have mercy on me; what have I done? then Smith went away immediately, and we could not see nor hear of him that night; he surrendered the next day.

Q. What do you believe was the cause of Hillar's death?

Hamlen. I believe the fall was.

Cross Examination.

Q. Who were on the stack at the time of that scuffle.

Hamlen. I believe Stiles, Smith, and Hillar were there alone, I saw no body else. Smith came up after the tustle was begun.

Q. Was not you there?

Hamlen. I was.

Prisoner's Defence.

I did not know that the truss of hay hit any body when I threw it from off my back, 'till my master called out.

For the Prisoner.

Thomas Taylor . I was upon the hay-stack when this accident happened, on the 21st of July, much about four in the afternoon. Richard Smith threw a truss of hay, and it touched my shoulder and hit John Hillar , and knocked him off the stack.

Q. Had they been playing on the stack together?

Taylor. They had a little before. Master had given each of us a glass of ale, and we stood up to drink it; some were on the haystack, and some were not.

Q. Who was upon the hay-stack?

Taylor. Samuel Stiles and John Hillar , they had been throwing one another down on the stack.

Q. Did you hear any quarrel, or bad words?

Taylor. No. I did not.

Q. Do you look upon it to be done in play?

Taylor. I do. I threw hay upon them when they were down.

Q. Whereabouts did the hay hit the deceased?

Taylor. It grazed my shoulder, and turned me about a little, and hit Hillar on the hams, as he was stooping.

Q. How far was the deceased from you?

Taylor. About half a yard.

Q. Do you imagine, if it had not hit you it would have hit Hillar ?

Taylor. That I can't say.

Q. Do you think the prisoner intended it for Hillar?

Taylor. I can't say that he intended to hit him.

Q. How did you stand?

Taylor. I was between Hillar and Smith, I saw Hillar fall from the stack.

Q. Do you think the truss of hay hitting Hillar was accidental?

Taylor. That is what I cannot say.

Q. What is your opinion of it?

Taylor. My opinion is, I heard no bad words upon the stack; what past below that I cannot say; he might design to throw it at me, or him, or down: it might be accidental.

Q. Does not a truss of hay, sometimes, roll out of the place where it falls?

Taylor. Very often.

Q. If it might be accidental, how came it over your shoulder; could that be by accident?

Taylor. I did not hear any bad words; I stood with my back towards Smith; I do believe it was accidental.

Q. What was the deceased doing when the truss hit him?

Taylor. He was just turning the corner of the stack.

Q. Was the blow a slight or a violent blow?

Taylor. It graz'd me pretty hard.

Q. Do you imagine he would have fell with that blow had he not been at the edge of the stack ?

Taylor. I said, if you do not draw that corner in you will have it too far out, and he was stooping down. I believe in the position he was in, the value of a pound weight would have thrown him off.

Q. Did you see the prisoner after the deceased fell down ?

Taylor. I did.

Q. Did you see him jump off the stack?

Taylor. No: I saw him go to the deceased, but do not know what he said.

Q. What is th e prisoner's general character?

Taylor. I never heard any thing of him but that of a good one.

Q. Is he a quiet, well-behaved, man?

Taylor. He always behaved well to me, and was in friendship with all the others as far as I know.

Simon Stiles . I was upon the hay-stack, a little before the accident happened; but was not there at the time; we had been at play together; Hillar pushed me down, and I happened to turn him; he took hold on my chin, and after that my throat, but in no anger, neither he with me nor I with him.

Q. Is it usual on hay-stacks to be playing together ?

Stiles. It is.

Q. Where was you when the accident happened?

Stiles. I was behind Smith going up upon the stack; I did not see him pitch it down.

Q. Had you told Smith how Hillar had thrown you down and used you?

Stiles. Very likely I might?

Q. Did you see the deceased after he was in your master's house?

Stiles. I was there with him.

Q. Did you see the prisoner there?

Stiles. I did.

Q. How did he behave?

Stiles. He was seemingly very sorry.

Q. Were the deceased and he in friendship ?

Stiles. I never heard they had any words in anger in my life; and I have lived there going on four years.

Q. to Baston. How did the prisoner behave?

Baston. He always behaved quiet and sober; a man of good character.

Benjamin Crofts . I have known the prisoner I believe fifteen or sixteen years.

Q. What has been his behaviour?

Crofts. I never knew him but quiet and sober as any man in England.

Q. Do you take him to be a man of humanity?

Crofts. I take him to be as good a Christian that way as any man on earth. I have been very much acquainted with him for some years.

Abraham Farrin . I have known him about twelve years; I always looked upon him to be a modest, peaceable, man; and a very sober, well-behaved man.

Richard Syres . I have known him five or six years, and been very intimate with him; he is a quiet, peaceable, man. I keep a public house, he has come with his fellow-servants, and always appeared good-natured and humane.

Guilty of Manslaughter .

[Branding. See summary.]

260. (M.) William Bowers was indicted for stealing one guinea , the money of Samuel Jourdan , December 19 .*.

Elizabeth Higgs . The prisoner was foreman to my grandfather, in Queen-street, Tower-hill .

Q. What is your grandfather?

Higgs. He is a Taylor , named Samuel Jourdan . The prisoner made love to me; I acquainted my grandfather and mother with it; they were not willing that I should keep him company.

Q. What do you charge the prisoner with?

Higgs. Between the eighteen and nineteenth of December last he took me into the dining-room, and said, Where does the old dog keep his money?

Q. What do you mean by his taking you there?

Higgs. He went in there with me.

Q. Did your grandfather turn him away after he knew he made love to you ?

Higgs. No: the prisoner said it was pity I had not the key belonging to his drawer.

Q. Did you tell him where your grandfather's money was?

Higgs. I did: I told him it was in the bureau; then he ask'd me if I had not a key belonging to my box; I said, yes; he said, let's look at it; I did; he took it, and tried the lock, and accordingly it happened to fit my grandfather's lock of the bureau; he opened it and took out a green purse with ten guineas in it; he took one out and put it in his pocket, then he went up to his work again; after that he call'd me into another room and advised me never to discover it.

Q. Where was your grandfather at that time?

Higgs. He was out.

Q. Where was your mother?

Higgs. She was below stairs in the kitchen.

Q. Did you give him your key willingly?

Higgs. Yes: but I did not know what his intent was?

Q. Did you think there was any thing of his in that bureau?

Higgs. No.

Q. Did not you ask him what he wanted there?

Higgs. No.

Q. What did you say to him when you saw him take the guinea out?

Higgs. Nothing at all.

Q. Had you any part of that guinea?

Higgs. No.

Q. Did he make you no present?

Higgs. No.

Q. How long after this was it that you told your grandfather of this?

Higgs. Three months, I believe.

Q. How long did he continue working for your grandfather after he had taken this guinea?

Higgs. Not above two or three days.

Q. How came he to go away?

Higgs. My grandfather turn'd him away.

Q. What did he turn him away for?

Higgs. For some misdemeanor.

Q. How came you not to tell it sooner?

Higgs. He gave me a strict charge never to tell it.

Q. Did you love him better than you did your grandfather?

Higgs. No.

Q. Did you keep him company after he went away?

Higgs. I did, for about three or four hours.

Q. Did he ever take any money besides that time?

Higgs. No, never but that time; he obliged me to murder my grandfather and mother.

Q. Why?

Higgs. Because they were against my having him.

Q. from prisoner. What time was this?

Higgs. This was in December, betwixt the 18th and 19th.

Q. Was that the first time the prisoner was in the dining-room?

Higgs. It was.

Q. Was he ever in that room afterwards?

Higgs. He was: he came in a second time to take an inventory of the goods.

Q. Had your grandfather ordered him to take an inventory of the goods?

Higgs. No, Sir.

Q. What did he want to take an inventory of the goods for?

Higgs. I do not know.

Q. What time of the day was this second time of coming into the room?

Higgs. It was past two o'clock.

Samuel Jourdan . I thought I had mis-told my money, but could not tell how it was; then the girl told me the design was to murder me and her mother, and take possession of my effects; I miss'd money at several times about Christmas last, and thought I was strangely mistaken.

Q. Do you know any thing of your own knowledge, of the prisoner's taking your money?

Jourdan. No, I know nothing of his taking the money, besides what my grand-daughter told me.

Q. When did you take him up?

Jourdan. About a month ago.

Q. When did your grand-daughter tell you of it?

Jourdan. She told me of it about a month before.

Q. How came you not to take him up sooner?

Jourdan. I was afraid to hurt the man; but the iniquity was so great I thought I must take him up.

Court. The iniquity was as great, a month before as a month after.

Jourdan. I can't justly swear to the time; I would not have appeared against him, but from what I had from the girl.

Q. When did you miss your money?

Jourdan. I missed my money about December last.

Prisoner's Defence.

I know nothing of what the girl says against me: after the last day of the last year Mr Jourdan had no work for me. He did not discharge me because he did not like me, but he had no work; he kept one man that did jobbs for him, and if he had work or not he paid him. After I was gone this girl broke out into her loose tricks as she use to do. On the Wednesday at twelve o'clock, a fortnight after New-Year's-Day, she came and called me, and said, I believe my grand-father wants you. I used to cut for him, and manage his business as well as I could. She told me there was some cloaths come in to be done. I went and knocked at his door: he said, I am glad you are come to assist me. I went up stairs and cut out the body of a frock for him: just as I had done he asked me to drink, and insisted upon it, I should drink either a dram of rum or brandy. The rum was fetched out, and he drank to me and I to the girl; then I went away.

Prosecutor. I did not know of any iniquity then.

Prisoner. She is a wicked girl; she went and bought a suit of man's apparel and put them on, and came on horse-back with a letter to her grand-father, and he gave her sixpence for bringing it, he did not know her. She nor he neither will not deny this. She will swear any thing.

For the prisoner.

John Hall. I worked with the prisoner eight days for Mr Jourdan. The grand-daughter lived upon her grand-father's bounty. I have seen her have plenty of money, but how she came by it I cannot tell.

Q. What is the prisoner's character?

Hall. I never heard any thing of him 'till now but what was honest.

Benjamin Steward . I have known the prisoner some time, he is a very honest industrious man, he has worked journey-work for me and never wronged me.

Acquitted .

261. (L.) Henry Ryecroft was indicted for stealing forty-five guineas, four moidores, three thirty-six shilling-pieces, and five shillings in money numbered , the money of William Elgie , July 12 . ++

Thomas Bennett . I am the Coachman to the Lincoln and Peterborough-Stage. I was at our Inn, the Four Swans in Bishopsgate-street , and I pulled out my money, and laid it down on a bench at the warehouse door.

Q. When was this ?

Bennett. On the 12th of July about eight in the morning.

Q. What was it in?

Bennett. It was done up in paper, in one of our coach bills. I had taken it out of a glove, and while I was looking upon a bill that I took out of my pocket-book, I quite forgot the money, and was got at a little distance from it, but soon returned, and it was gone.

Q. How long was you absent from the place ?

Bennett. I was not absent for above two minutes.

Q. How much money was there?

Bennett. There was fifty-eight pound six shillings. I brought it from my master Elgie in the country, he is the owner of the coach.

Q. Who took your money?

Bennett. I do not know. It was found in a room where the prisoner keeps the key, but I was not by at the time, the witnesses are here that found it.

Q. What is he?

Bennett. He was Chamberlain to the Inn.

Q. Have you got it again?

Bennett. I have.

George Norman . On the 12th of July the Porter belonging to the Lincoln-Coach came to me and told me, the Coachman had lost some money at the Four Swans. Mr Grice, the master of the house, was not stirring. I desired he might be called up, for by the account the Porter gave, I thought it must be among the servants. Mr Grice got up, and we examined the Hostler's room and all the servants.

Q. Where do you live?

Norman. I keep the Bull-Inn in Bishopsgate-street, the coach comes one week to my house, and the other to the Four Swans. We could not find it. The Coachman offered a guinea reward, if they would let him have it again. The prisoner was examined, he said, he knew nothing of it. After that, Mr Grice desired the key of his room: then he and I went up stairs to the prisoner's room: he followed us. Mr Grice was examining the shoes and boots, to see if the money was there. The prisoner kept tumbling them about in a sort of confusion, flinging things about, and he hit me three or four times over the head with things. I said, what are you about, and looking up I saw a swelling in the bed's-tester. The prisoner was got up there. I saw him as it were pulling something towards him. I said, Harry, what have you got there. I know nothing at all of it, I know nothing at all of it, (said he) I never saw it in my life, upon which I snatched it from him. It was a bag. I delivered it to Mr Grice, he untied it, and there we found the money the Coachman had lost, with the paper it was in. I paid it away immediately to Mr Weston, at the Sun-Tavern, Milk-street, it was sent up for him. Here is a paper that I made a memorandum on of the particular pieces, forty-five guineas, four moidores, three thirty-six shilling-pieces, and five shillings. He produced the paper it was in.

Q. to Bennett. Look at this paper. -

Bennett. This is the paper that the money came up in (holding it in his hand).

Q. Did you see the prisoner at the time that the money was on the bench?

Bennett. He was at his work opposite the warehouse door; and when I returned, I asked him if he had seen any such thing on the bench, he said, no.

Thomas Grice . Mr Norman sent my servant up to me to tell me the Coachman had lost some money. I came down and went to examining my servants. I asked the prisoner for the key of the Boot-Room, he being Chamberlain, keeps the key of that. We went up there. I told the prisoner I did not want him, but he followed us. He got up and flung something from off the bed's-tester, which hit Mr Norman's head; then Mr Norman jumped up on the side of the bed, and said, Harry, what is this here. Said Harry, I know nothing of it; I know nothing of it. Mr Norman took a bag from Harry and delivered it to me. It proved to be that paper that has been produced here and the money, which I told over and found it was all there.

Mr Weston. The Coachman brought this money from Peterborough in Northamptonshire, in order to pay it to me, fifty-eight pound, six shillings: it was paid to me, and Mr Norman in my presence, took down on a piece of paper the Number of pieces, forty-five guineas, and four moidores, three thirty-six shilling-pieces, and five shillings in silver.

Prisoner's Defence.

I was coming down stairs between seven and eight o'clock; the coachman came down on one side and I on the other; he bid me, good morrow; and I the same to him; he sat down upon the threshold of the door slipshod; he pull'd out an old glove and a parcel of money, and laid it by his side while he put his glove on; I did not see him pull out the money, neither did I see the money, but this he told the Alderman; I went up stairs to fetch a pair of shoes from a gentleman, when I came down he ask'd me if I had seen any money; I told him, no; presently my master ask'd me for the key of the room; I gave it him; my master searched the room all over; I never saw the money.

For the Prisoner.

Mr Starr. I live at the Vine, in Bishopsgate-street; the prisoner was servant to me five years; three years at one time, and two at another; he behaved extreamly well, and did not go away for any dishonesty; he behaved to the satisfaction of all the guests; he has very often brought things to the bar that gentlemen have made a mistake in, both money and other things.

Mr Lloyd. I lodge at Mr Starr's; I have trusted the prisoner with bags, containing bills and effects of three or four hundred pounds value at a time, and always behaved honest to me.

Prisoner. Please to call Mr Grice and Mr Norman.

Mr Norman. I always had a very good opinion of the prisoner for his honesty.

Mr Grice. The prisoner lived with me about six or seven months, I had a very good character with him from Mr Starr, and looked upon him to be a very honest man?

Q. Is the room, where the prisoner used to keep his things, always lock'd?

Mr Grice. Nobody ever had the key but himself; if he left it open, so be it, not else; it is common for him to keep it lock'd.

Q. Was it lock'd over night?

Grice. I cannot say whether it was or not, I found it lock'd.

Guilty .

[Transportation. See summary.]

262. (M.) John Rice was indicted for stealing one Gelding, value 7 l. the property of John Martin , July 26 . ++

John Martin . I live at the parish of Funtington, in Sussex , am a farmer ; I missed a black horse with two white legs behind, burnt with an N on the near buttock, and a star in his forehead. On the fifteenth of June, in the morning, I and my son took each a horse, and rode, and enquired for him, and stuck up bills at publick places, but could not hear of him. On the 23d of August I was informed he was at Isleworth; there I went and found him in the possession of Mr Farnell; I have him now.

John Farnell . I live at Isleworth; the prisoner at the bar brought this horse to me to sell, about the 11th or 12th of July last. I gave him 7 l. for him. I had him a week upon trial.

Court. Describe the horse.

Farnell. He had an N on his near hip, two white heels, and a star in his face. Afterwards Mr. Martin came and described the horse, and swore to him as his property, and I delivered him to him.

Thomas Taylor . This black gelding has two white feet, an N on his hip, and a star in his forehead. The prisoner came on him to my house in Wandsworth on the 17th or 18th of July; he said, he bought this horse at Chichester; he said, he cost 6 l. You have got some grass; and said, if I would let him be with me, and could sell him for 7 l. what I made above that I should have for myself. I kept him about three weeks. Mr. Rice told me, that Mr. Brookes, at the Red-Lion at Hounslow, wanted to buy a horse, and desired to take him there; I did; there was the prisoner; and Mr Brookes and we could not agree; so I delivered him to the prisoner there in his gate-way.

Q. Have you seen him since?

Taylor. I saw him since at justice Birkhead's.

Q. In whose possession was he in?

Taylor. In the possession of Mr. Farnell.

Q. What became of him afterwards?

Taylor. That I do not know.

Prisoner's Defence.

I bought this horse of one William Ling at Westbourn. This is done out of spite against me, to draw me in, for what I did in the year 1747-8. in regard to the smuggling affair.

Guilty . Death .

Other indictments were against him for stealing 12 other horses.

This is the same person that gave evidence by the name of Raise, against Kingsmill, Fairall, Perrin, Lillywhite, and Glover, for breaking the King's Custom-house at Pool, and stealing from thence 30 hundred weight of tea; see their trial in April Sessions-Paper, 1749, in the Mayoralty of Sir William Calvert , Knt. and likewise was admitted an evidence against divers persons at Chichester for the barbarous murder of Galley a Custom-house officer; and Chater, a shoemaker of Fording-bridge in the year 1748-9.

263. (M.) Martha Bowes , spinster , was indicted for stealing one pair of Buckskin breeches, value 15 s. one shirt, value 6 d. and one pair of stockings, value 6 d. the property of John Brown , Aug. 28 .*

William Swain. I am a watchman in Holborn; on the 28th of Aug. about 2 in the morning, I saw the prisoner go by with a bundle under her arm; I stopped her, and took her before the constable of the night. He ask'd her where she came from; she said from Chelsea. I ask'd her where she was going; she said, to Newtoner's-Lane, but could not get in. After that, she said, she was going to an acquaintance in White-Friars. When before the justice, she said, she came from Holloway. These were the things mentioned in the indictment in her bundle, mentioning them by name. She was asked how she came by them, she said; she was walking in the highway, and tumbled over them.

The prosecutor, John Brown, was called, but did not appear.

The prisoner was acquitted.

The prosecutor's recognizance was ordered to be estreated.

264. (M.) Ann Pruit , spinster , was indicted for stealing three guineas, and one half guinea , the money of John Butler , July 30 .*

John Butler. The prisoner was my servant ; I missed three guineas and a half, and took her up on the second of August; I charged her with taking it; she confessed she took three half guineas from out of a box; I know nobody else could get it; I had paid her off on the thirty-first of July, she not being capable of doing my business.

Q. What age is she?

Butler. I believe she is about fifteen years old.

Prisoner's defence.

I do not know any thing of it; my master charged me with taken it; and took me before the Justice; I told the Justice I knew nothing at all of it; they said they would be merciful to me if I would own it; so I said I was guilty.

The prisoner call'd John Wellbeloved , Samuel Williams , William Fry , and - Godfrey, who all gave her a good character.

Acquitted .

265. (M.) John WILLIAMS was indicted, together with a certain person unknown, for stealing one 36 s. piece, four guineas, five half guineas, and seventeen shillings in money, numbered, the money of William Caton , July 26 .*.

William Caton . I keep a higgler's cart and go about with butter and eggs ; about seven weeks ago, I do not know the day of the month, it was on a Tuesday; I had taken nine guineas and upwards; my pocket was bad and I put my money in a basket in the cart; I call'd at Mr Booth's and left my cart in the road by his house as usual; I was going to get something for dinner, there was the prisoner and another man eating some dinner; I staid there about an hour and half; the prisoner and other man went away about half a quarter of an hour before me; I went on and drove up my cart to another customer, and going to put my money I took there, amongst the rest, in a bag in the cart; I found my money was gone out of the cart; I made inquiry about the prisoner and other man, having reason to suspect them; and the next day but one I took the prisoner upon Kennington-common, in Surry; I searched, and found upon him twenty-two shillings and six-pence.

George Philips . I help'd to take the prisoner upon Kenington-common; there we found upon him twenty-two shillings and six-pence and some halfpence; he said he had received part of a 36 s. piece, a guinea, and three half guineas of the other man; who is supposed to be with him in the robbery; he said he sat on the side of the cart while the other man took the money out.

John Alford . I was at the taking the prisoner at Kennington-common; all I heard the prisoner say, was, the other man robb'd the cart, and when they were got in the field he gave him the money, and he had part of it.

Thomas Booth . The prisoner and another man were at my house, the Woolpack, at Hackney; I was at the taking the prisoner on Kennington-common.

Q. Did you see them do any thing to the prosecutor's cart?

Booth. When they went out of my house, they said, let us drive the cart towards the brook; I at first thought they intended to play some tricks with the butter; the prisoner own'd, that when the other man was in the cart he said there was money, and took it out and deliver'd it to him; which he said was three half guineas, a guinea, sixteen shillings and six-pence, and a 36 s. piece, which was all he saw; and they afterwards divided it between them.

Prisoner's Defence.

It is true, I was at this publick-house, and the prosecutor fell asleep there, while his cart was at the door; but the other man went out first, and after that I went out and asked him if he would go to work; he said, he did not care to go to work; so he went about his business, and I about mine.

For the Prisoner.

William Martin . The prisoner drove a team for 4 or 5 years, and did his business in that capacity very well; as for any thing else I know very little of him.

Guilty .

[Transportation. See summary.]

266. (M.) was indicted for stealing one pint silver mug, value 3 l. the property of John King , in his dwelling-house , August 11 .*

John King. I live in Featherstone-street, by Old-street ; I keep a public house ; I was gone into the country from the sixth of August to the eleventh; when I returned, I was told that I had lost a silver pint mug; I distributed bills about, and on the thirteenth Mr. Brown brought my mug home to me. (Produced in court and deposed to.) Being informed who carried it to Mr Brown, I made search after the prisoner, and found him at Highgate on the Thursday following; I charged him with stealing the mug; the prisoner said, Don't make a noise to expose me here, and you shall have your mug again, and my father shall satisfy you for the trouble you have been at, and I will come to you to morrow morning and go along with you to fetch it from where it is.

Frank Rochford . I am servant to Mr. Brown, a Pawnbroker; on the eleventh of August the prisoner at the bar brought this silver pint mug to our house; he was a little in liquor; he wanted to pledge it; I stopp'd it; he said, it was his father's mug; I said, fetch your father and you shall have what money you want upon it.

Prisoner's defence.

What I said was extorted from me; I never had the mug in my custody.

For the Prisoner.

Nevil Thompson . I have known the prisoner ever since he was a child.

Q. Have you known him lately?

Thompson. I have.

Q. What is his general character?

Thompson. He has a very good character; I never heard of any pilfering tricks by him.

Q. What is his business?

Thompson. I think he was bred a Watchmaker, and followed it in his father's house.

James Davidson . I have known the prisoner some time, he is a lad of a good disposition seemingly; when I have met with his parents I have enquired after him, and always found he went on well; I was very much surprised when I heard this account of him.

Thomas Randall . I have known the prisoner ever since he was a little boy; I never heard any thing of him in my life amiss 'till this unlucky affair: I believe he was in liquor when he did it.

Seth Clark . I have known him ten years, and have been acquainted with him best part of the time; he has behaved extremely well, I never heard any thing amiss of him; I have lodged at his father's four years, and have trusted him with my keys, and with the amount of three or four hundred pounds.

Michael Weaver . I have known the prisoner about ten years, he has behaved very well; I never heard any thing of this kind against him before; I believe he would not have been guilty of this fact, nor that of entering for a soldier, had he not been in liquor.

Jacob St John. I have known the prisoner six years, he has behaved very well since I have known him; I always looked upon him to be an honest man.

William Young . I have known the prisoner from a child, he is of a very honest family, and has been brought up well to a trade, and has a good character.

Mr. Sherry. I have known him twenty years, he has behaved very well; I never heard any thing amiss of him.

Guilty, 39 s.

[Branding. See summary.]

267, 268. (M.) Catherine Field , spinster , was indicted for stealing one silver watch, value 10 s. the property of Thomas Jewsett ; and Sarah, wife of John, Perry , for receiving the same well knowing it to have been stolen, July 30 .*

Thomas Jewsett. I was going along Fleet-street, about six weeks ago, about half an hour after eleven at night.

Q. Where do you live?

Jewsett. I live in the parish of Limehouse, I am a Baker by trade; I was going to my lodgings at Westminster very much in liquor; I met with Catherine Field near Temple-bar , there were more with her; they ask'd me if: I would give them a pint of beer; I gave them a shilling to fetch a pint of beer; they did, and brought me the change; they had taken me to a house cross the way; I had a watch in my pocket, and it dropp'd down on the ground; I ask'd what it was that dropp'd; she said, she did not know, but believed it was my watch; she took it up and gave it me in my hand; whether I put it in my pocket or not I can't tell; but I think I put it into my coat pocket; after that I went to go home, and I fell down; I got up and went in at an Alehouse, they did not chuse to draw me any liquor, but bid me go about my business. I was complaining I had lost my watch, a gentleman came by, he call'd a watchman, and we took up a girl, and we went to the watchhouse together, but I did not know who she was. After that the watchman said, he believed he could help me to my watch again, upon that we took up the prisoner at the bar.

Q. Have you got it again?

Jewsett. No.

Both Acquitted .

269. (M.) Nicholas Randall was indicted, for that he, with a certain gun loaded with gun-powder and leaden shot, which he had, and held in his right-hand, did unlawfully, wilfully, and feloniously, of malice aforethought, shoot of, at, and against John Hampton the younger , the said John being in the king's highway , Aug. 19 .*

John Hampton the younger. I live at Turnham-Green with my father: the prisoner lives just by.

Q. How old are you?

Hampton. I am upwards of fourteen years of age.

Q. What is the prisoner?

Hampton. He is a beggar , and has a little house there, and a garden a little distance from it; about a month ago last Sunday I was at play with other boys in the road on the Green, we were talking, not at play.

Q. How near the prisoner's house?

Hampton. It was a great way from his house, about a quarter of a mile; he has a garden; he has two pear-trees, a damason-tree, and two or three apple-trees in it.

Q. How near were you boys to his garden?

Hampton. It has been measured; it is 70 yards distance.

Q. Had any of you boys been in his garden that day?

Hampton. No, not as I know of; I was but just come from work.

Q. What time was this?

Hampton. This was about 4 in the afternoon; the prisoner stood in his own garden, and shot through the hedge at us.

Q. Did you see him?

Hampton. We did not, but we saw the gun move; he put it into the hedge, at one place, and then at another.

Q. Which way did he point the gun?

Hampton. He pointed it towards us, but he could not fix it at the first place; so he went to another place, and shot off directly.

Q. Who did he hit.

Hampton. He hit William Denny on the leg, and knock'd another boy's hat off his head, and another through the lappet of his coat, and he shot me just in the sight of my left eye, and blinded that eye.

Q. Where did the prisoner stand at the time ?

Hampton. He stood on the inside of his own garden.

Q. How long had you been there?

Hampton. I believe we had been there about an hour.

Q. How many boys were there of you?

Hampton. I believe there were a dozen of us.

Q. Were they bigger or less then you?

Hampton. They were all bigger than I am, except one.

Q. Had any of you spoke to the prisoner that day?

Hampton. No, neither of us had; I had not seen him that day before he shot.

Q. What had you been doing before that day?

Hampton. I had been at work at a farmhouse, in helping to do the horses.

Q. During that hour you had all been there together, had neither of you been in his garden?

Hampton. No; in that time we had neither of us been near his garden.

Q. Did he call to you before he shot ?

Hampton. No, he never spoke a word before he shot.

Q. Did he say any thing afterwards ?

Hampton. No, not 'till the people came to him; then he said, he would shoot any body after he shot us.

Q. Did you go near his garden afterwards ?

Hampton. We had our eye and leg dressed before we went that way again; I believe that was a quarter of an hour before we went up to his ground, then he was just coming out of his garden into the street: his house is not by his garden.

Q. Did you say any thing to him then ?

Hampton. No, I did not; the gentlemen ask'd him, how he could do so, to hit this lad just in the eye, and another on his leg. He answered, he would shoot any body that went to touch him.

Q. Was the gun pointed towards you boys both times?

Hampton. It was.

Q. John Hampton the elder. The evidence that has been examined is my son; I was at home that Sunday. They sent for me when the accident was done. When I came to the place where it was done the prisoner had loaded his gun again, and said, if any body offered to meddle with him he would shoot him.

Q. What had you said to him?

Hampton, sen. I ask'd him how he could do so?

Q. Do you know whether your son had been in his garden?

Hampton, sen. No, I do not know that he had. I went for a constable, and when I came back again they had got him in custody; and bringing him from his garden. He had got his gun with him.

Q. What business is he?

Hampton, sen. He begged at the pissing-place going to Brentford.

Q. What did he say before the justice?

Hampton, sen. He said but little there: he was hardly examined there at all.

Q. Has your son lost the sight of his eye?

Hampton, sen. He has. (There was a cloth about it, that it could not conveniently be seen.) There is a shot in his head now, the Surgeon says. We brought him out of St George's hospital yesterday.

Q. Is there any marks of shot in his face?

Hampton, sen. No; there were shot taken out of the other boy's leg.

Q. Did you see them taken out?

Hampton, sen. No. I have seen the shot.

Richard Blake . I live about midway between where the boys were shot, and the prisoner's garden. I was standing in my yard, looking over my gate.

Q. How far is it from the place where the prisoner shot, to the place where the boys were playing ?

Blake. It is 70 yards, I measured it.

Q. How long had you been in your yard?

Blake. I had been there upwards of an hour, and had seen the boys at play there upwards of an hour. I saw the prisoner come to his garden, and I heard him swear, as he walked along, that he would shoot the boys.

Q. Who did he say this to?

Blake. He said that to himself.

Q. Had any of the boys been in his garden that afternoon?

Blake. I can't say none of them had not been in at all; but none of them had been in that afternoon.

Q. Did you see him put the gun through the hedge?

Blake. I saw him put it through the hedge and fire: he shot one boy in the eye, he fell to the ground; and another in the leg.

Q. How far was you from the prisoner?

Blake. I was within about thirty yards of him. I saw him charge the gun immediately after he had shot, and he swore he would shoot any body that should attempt to take or meddle with him. There happened to be a Surgeon coming by; we told him what had happened; he insisted upon our taking the prisoner up.

Q. Did he point the gun at any body, when he said he would shoot any body that should attempt to meddle with him?

Blake. Yes, he did. The Surgeon was so enraged, that he ordered him to come out of his garden; and there came a great many people about him. When he came out we followed him 'till he came to his own door at his house, which is better than a quarter of a mile. There we would not let him go in, but got his gun from him, which was then loaded, cock'd and primed. A long gun produced. This is the gun.

Q. Is the charge drawn?

Blake. It is not.

Court. Take it out, and draw the charge.

Blake. (He takes it out, and returned with some large duck shot in his hand.) These I drew out of the gun, and after that some powder. The Surgeon took some such shot as these out of the other boy's leg; the boy is here.

Jane Inglefield . I live with Mr. Blake; I was at our own gate, and saw the old man go to the garden with his gun in his hand. He said he would shoot the boys when he came up to his garden. He said he saw three boys in it. I went and looked, and there were none in it. I told him there were no boys in it; and he damned me, and said, he would shoot me if I said ever a word more to him.

Prisoner. But I saw three boys go out.

Inglefield. The boys were 70 yards from his garden when he shot at them; I saw him point the gun through the elder hedge and shoot three boys.

Q. Was it as soon as he got into the garden?

Inglefield. No; he had been in the garden, I believe, about a quarter of an hour.

Q. What did he do that time in the garden ?

Inglefield. Nothing, but put the gun 3 or 4 times through the hedge, to see for a proper place where to shoot it off.

Q. Which way did he point the gun?

Inglefield. Always towards the boys; I saw him fire it; it hit Hampton in the eye, and William Denny in the leg. After that he charg'd the gun directly, and said he would shoot any body that came up to him. There were several of us that went up to him in a few minutes after the gun went off.

Q. Did you see either of the boys dressed.

Inglefield. I saw the Surgeon take three shot out of William Denny immediately after he was shot.

Q. Where are the shot?

Inglefield. They are not here.

Q. Look at these shot (the same that were drawn from the gun).

Inglefield. They were just such as these. The boys two mothers asked him how he could do such a thing, as to shoot the children? he swore he would shoot them through the body too, if they said a word. He said, he had not hurt them, for it was nothing but a little sparrow shot. This he said to all of us.

John Croft . I am the constable. The gun was delivered to me on the 12th of August before the justice; it was then loaded, and I kept it loaded in my possession ever since, 'till it was drawn here.

Q. How do you know it was then loaded?

Croft. Because I put the rammer down and found it so. I was charged with the prisoner at the bar, and he went very quietly along with me, and said, he did not shoot the boys.

Prisoner's Defence.

These chaps here, whatever they say, I had never fired upon them, nor nothing like it, but they came, and said, they would knock the old son of a bitch down. The boys have robbed my ground of as many goods as I could have made 20 s. of, and more. These are the honest people, that would have you believe to be so honest. James How came and told me, he saw the boys in my garden.

Guilty. Death . Recommended .

270. (M.) Bridget Mears , widow , was indicted for stealing one silver clasp, value 2 s. 2 guineas, and 6 shillings in money, number'd , the property of Nicholas Cashire , August 16 . ++

John Wilson . I am a Headborough. I had a warrant against the prisoner last Tuesday was fortnight. Ann Riley came and told me the prisoner sent her to me to return the money, if the prosecutor would not prosecute. She delivered to me a guinea, the clasp, and stock, at her house, the Plough in Drury-lane; then I took up Ann Riley, and had her before Justice Welch, and told him what she came upon to me. He told her she was compounding of felony, and if she did not tell where Mears was he would commit her; then she said, Mears was at her house. I and two others went there and took her in a closet, we carried her to Justice Welch, and he committed her to New Prison.

Q. Where is the prosecutor?

John Wilson . He is not here, nor Ann Riley , she was bound over.

She was called but did not appear.

Acquitted .

Her recognizance was ordered to be estreated.

271. (M.) Elizabeth Tompson , widow , was indicted for that she on the 12th of July about the hour of 10 in the night, on the same day, the dwelling house of Thomas Mathews , Esq ; did burglariously break and enter, one copper tea-kettle, value 5 s. one pair of leather breeches, value 7 s. and two pair of worsted-stockings, value 2 s. the property of Mary Green , widow , in the dwelling house of the said Thomas, did steal , &c.*

Mary Green. Mr Mathew's lives in Queen-street, Westminster . I am his servant. My master was out of town, and only me and my two children were left in the house. I had been out from betwixt 7 and 8 in the afternoon with my two children, on the 12th of July, and returned about 10. I locked the door at going out, and tried the door to see if it was fast with my knee. When I returned I went into the house, and was looking for my nightcap, and heard some rustling in the room. I said to my children there was some body there. At first I thought it might be a cat. I got a candle, then I heard somebody getting into the chimney. I desired the children to stand and see that nobody went by; they were affrighted, one crept under the bed, and the other flew towards me; the watch was going by; I went out, and one of my children cried out, here is a thief. I came back and catched the prisoner at the bar about six yards from the door.

Q. Did you see her come out at the door?

Green. No, I did not: my child did, and the prisoner owned it.

Q. Did you find any thing upon her?

Green. She had a pair of leather-breeches, a copper tea-kettle, and two pair of stockings in her apron.

Q. Did you observe any part of the house broke?

Green. I cannot tell how she came in: the windows were shut and all the shutters fast, and the door fast. She desired me to let her go; she said, she had been in my house, but had not wronged me of any thing. I was with her before the Justice: there she acknowledged she was in the house and took the things, but said, she did it for want.

Q. Did you know her before?

Green. I had seen her two nights before lurking about.

Q. Have you a husband ?

Green. No.

Q. Whose breeches were they?

Green. They are my son's breeches, a little boy; the tea-kettle and stockings were mine.

Q. Where were they when you went out that day?

Green. They were all in the fore-parlour. When she was examined before the Justice, there was found in her pocket a key, two gimlets, and a knife. Produced in court.

William Bond . About the 12th of July in the evening, I happened to go by Mr. Mathews's door. I heard a little boy cry mama, mama, mama, prodigiously. I stood still: in 2 or 3 minutes I heard Mrs. Green call for God sake help, here is a thief in my house. I went and took hold of the prisoner, and found these things in her apron.

Q. What did she say?

Bond. She acknowledged before the Justice going into Mr. Mathews's house, and taking these things out. She said, she got in at the door, and shut the door after her. She said, the door was half way open, and that this was between 9 and 10 o'clock.

William Hurst . I was at my master's, at the next door. I heard Mrs Green's little boy cry out, mama, mama, here is a woman in the house. I ran out, and Mr. Bond had stopped the prisoner with the things in her apron. The prisoner said, what things I have taken you may take again if you please. She behaved in a very wicked manner as we were taking her to the Round-house. She said, she would hang or make away with herself, that Mrs Green should never have the reward. We took her garters away from her.

The Constable. I heard her say if she got her liberty again, she would do for Mrs Green.

Prisoner's Defence.

Between 9 and 10 o'clock I was going by the door, which was standing open, and a little bundle standing on the step of the door. I took it up, as it lay before me. A little boy cried, mama, mama, and that young man came and took it from me, and carried me to the Watch-house; and the Constable and the rest of them took my apron and a knife that cost 6 d. from me, and I demanded them again and they would not let me have them again: they robbed me.

Guilty of Felony only .

This is the same woman tried by the name of Margaret Elliott , for the like offence, in getting into the dwelling house of George Smith Bradshaw, in Dean street, by a false key, see No. 138. in last February Sessions Papers.

[Transportation. See summary.]

272. James Innis was indicted, for that he on the king's high way, on Ive Whitbread , Esq ; did make an assault, putting him in corporal fear and danger of his life, and taking from his person, one silver watch, value 3 l. one gold ring, value 10 s. one guinea, and two shillings in money, numbered, his property , Aug. 3 . ++

Ive Whitbread. On the 3 d of August last, I and Mr. Howard were in a chaise, going over Finchley-Common ; we had unluckily sent our servants before, as we were in a by-road, in order to escape the dust. A man on horseback came out of the road just upon us. I imagined I saw a pistol. I got up and said, Fellow, what is it you want? - Your watch and your money, or I'll blow your brains out. I put my hand to my pocket, and said, Really you put me in a fright, you must give me time.

Q. Had he a pistol in his hand?

Whitbread. He had, but he did not care to show it much. I had 23 s. in a paper by itself, a guinea, and 2 s. He said, If you secrete any, I'll blow your brains out, come give it me. I thought I would have some discourse with him first, that I might take some notice of his face. I said, I never deliver my money without telling it. He said, come give it me. No, said I, I'll tell it first. - Come give it me. - Here it is. He said, what is in the other paper. I said, that is a ring. - Come give it me. - No, you shall see it first, what should you do with the ring. - It is my trade, come give it me. Said I, it is a wretched one, I kept still looking him in the face.

Q. What sort of a ring was it?

Whitbread. It was a mourning ring; then he said, Let me see your watch. - Must you have my watch too. Then I took it out and looked at it, and said, Here it is if you must have it. He said, yes. I gave it him: it was a silver one. Then he went round the chaise to my friend Mr. Howard, and to him said, Your watch and money, or I'll blow your brains out, where is your money and watch. Mr Howard took his watch out, it was a tortoiseshell one, and said, Here it is in my hand, can't you see it is in my hand. He gave him his watch and three guineas.

Q. Had he his pistol in his hand when he talked to Mr Howard?

Mr Whitbread. To the best of my knowledge he had; he told Mr Howard, as he had me, if he secreted any he would blow his brains out; and added, Is this all, turn out your pocket; Mr Howard did, and said, see here is but six-pence; then he turn'd away and went towards London; then we turned into the road directly; there were half a dozen people coming towards London; I said, gentlemen, stop all of you this minute, we have both of us been robb'd, if I had but a horse I could take the fellow, he is just gone on upon a grey horse; he had on a red lappel waistcoat, a blue coat, remarkable dark eye-brows, a large black beard, pale complection, and I'll warrant him to be either a Blacksmith or an Hostler at an Inn.

Q. Had he any thing over his face?

Mr Whitbread. No: one of them said, Pray, what is your name; my name is Whitbread, you may remember I was formerly Sheriff of London; then said he, I know you; then they went on after him for Highgate.

Q. Look at the prisoner, is he the man?

Mr Whitbread. That is the very man.

Q. What time of the day was you robb'd?

Mr Whitbread. It was a little after five in the afternoon, about the eighth mile-stone; I rode on to Whetstone, and wrote a letter to Mr Fielding; but the prisoner was taken that night; I was robb'd on the Friday and did not return to London 'till Monday night following; then I had a letter from Mr. Fielding, that the man was taken and the things found.

Joseph Shepherd . There were five or six of us coming over Finchley-Common, we saw Mr Whitbread in a chaise; he told us he had just been robb'd, and described the man; we pursued him to Highgate, and overtook him in the middle of the town, he was on foot, having tired his horse; there was a soldier pretty near him; we all of us desired him to secure him; telling him, he was a highwayman; the soldier, at once, went and took hold of him. He was taken to a Justice of Peace and committed.

James Churchill . I was one of the company that Mr Whitbread met with on Finchley-common; I pursued, with the rest, to Highgate, there we saw the prisoner, who answered the descriptions Mr Whitbread had given; we saw a soldier, and told him that man was a highwayman, and the soldier, and I seized him directly.

John Edwards . I am the Constable that had the prisoner in charge, at Highgate, at a public house 'till Justice Byron came home; I search'd the prisoner and found upon him a silver watch, a tortoiseshell watch, a large pair of silver buckles, a mourning ring, four guineas, and seven shillings and six-pence in silver, and four penny worth of halfpence. (The watches and ring produced in court.)

Mr Whitbread. This silver watch and this ring are mine, the tortoiseshell watch is Mr Howard's; I know it very well.

George Darwent . I was informed by the gentlemen on horse-back that the prisoner was a highwayman; I took him.

Q. Was you the first that laid hold on him?

Darwent. I was: we kept him in an Alehouse 'till the Justice came home; then he was committed.

Prisoner's defence.

The watch, pistol, and ring I found in this handkerchief by the road side. (Producing a handkerchief.) Mr Whitbread persuaded Mr Howard, right or wrong, to swear against me; he took that watch in his hand and would not swear to it; and he has since sent me half a guinea in goal.

Guilty , Death .

273. (L.) John Tomlinson was indicted for that he knowingly and designedly obtained from John Clark four guineas and two half guineas, with an intent to cheat him of the same by false pretences, against the form of the statute , June 1 . ++

John Clark . I was servant to a Brewer ; I had read an advertisement in the daily paper, for May 31, to this purport: To be disposed of for 120 guineas a place for life; salary, &c. bringing in about 60 l. a year; it will suit any industrious man, as there is no objection to age, nor much learning required. Enquire at the lamp in Clifford's-Inn passage, St Dunstan's Fleet-street. I went there, to the prisoner, he said he was to sell it for another man, that the salary was 35 l. per year, and in the whole it was worth 60 l.; I agreed with him for a hundred and twenty guineas, he insisted upon five guineas down; I gave him five guineas in part, it was four guineas and two half guineas; he wrote a paper, and I set my hand to it, to pay the remainder in fifteen days or to forfeit the five guineas.

Q. What place was this?

Clark. It was a Tide-waiter's place; he said it would be two or three months before I should have the place; then I went to my master, Mr Green, of Chelsey; he told me he did not like my bargain, and bid me go to his son, an Attorney, in Crane-court; I went there and told him the affair; this was the same day, the first of June; he went with me to look at the paper that I had set my hand to; but told me, before I went and after, that I had been trick'd out of my five guineas, for those places are not sold but given; then I went to enquire of a friend at the Customhouse; he was not in the way; but I ask'd others that I met with about it; they all said I was a fool, and had been trick'd out of my money; after this I went several times to the prisoner's office, but he was never to be found, 'till he was in the Compter for debt.

Q. Did you ever get your five guineas again?

Clark. No: nor no place, neither.

The prisoner produced the agreement which the prosecutor acknowledged to be the same he signed. It was read in court, and appeared to be an agreement only on one side, artfully drawn by the prisoner and signed only by the prosecutor.

William Kow . John Clark being my acquaintance I went with him to the prisoner's office; the prisoner told him he had a Tide-waiter's place to dispose of, that the salary was 35 l. and the perquisites 60 l. more; he told us it was to be sold privately, the owner of it was never to be known, and the purchase would be a hundred and twenty guineas; which Clark must pay five guineas down; saying, that was customary, and the rest to be paid in a fortnight or thereabouts; Clark paid him four guineas and a ha lf, all he had about him; and I saw him again about six in the evening, and he said he had carried and paid him the other half guinea, according to their agreement.

John Howard . I have been a Tide-waiter near twenty-two years; there are 35 l. and 40 l. per year salaries, and others of a guinea a week when on duty, the last are called Preferable, are they that are put in by the Commissioners.

Q. Are there not warrants from the Lords of the Treasury?

Howard. There are: I received mine from them. It is a warrant sent down from the Lords of the Treasury to the Commissioners of the Customs, appointing a man in such a station.

Q. Can you sell your place?

Howard. No: I never knew such a thing in my life; the prosecutor came and ask'd me if there was such a place to sell; I told him there was no such thing; I advised him to go to Justice Fielding and take the man up that had imposed upon him; the prosecutor is a stranger to me, I accidentally heard his case at the Custom-house. We are all sworn at our entrance into the office, at the Board before the Commissioners, that we have neither taken nor given any gratuity whatever, for being put into that office.

Prisoner's Defence.

There is one Mr Russel, he is gone out of the way, he wanted me to sell his place; he was to resign it to this person.

Mr Howard. I know Mr Russel; I can take upon me to swear he has been absent half a year, and has not done duty at the customs during that time.

Guilty .

[Transportation. See summary.]

274. (M.) Richard Lamb was indicted for the wilful murder of William Kendal , August 31 .*

John Doleman. On the thirty-first of August about a quarter after nine at night I heard a noise, as if two men were fighting; I ran from my home in Wild-street , about thirty or forty yards, and saw the prisoner and Kendal fighting with their fists in the street, at the three tuns door, the corner of Wild-street; Lamb was in his regimentals and the other in his waistcoat; I believe I saw about six or eight blows between them, each struck; I said to Kendal, You had better leave off, there is no good got by fighting; immediately they parted, and stood, I believe, the space of five minutes; Lamb was just by the door and the other by the window, about two yards asunder, neither spoke a word; there was no lamp, but I could see them by the light of the window; Lamb's nose was broke, and some blood on his shirt; then Lamb had one foot in the door and the other out; I saw him put one foot from the door, and make a push at the deceased with his right hand about the navel, and said, D - n him, I have done for him; the deceased was standing still at the time; after this, Kendal put his hand to his belly, and said, O Lord, he has stabbed me; and went cross the way and fell on his back, on the step of another Alehouse door; as soon as Lamb had struck him thus, he turned himself and went in at the door and said nothing more; I saw nothing in his hand; I went, and with my fingers, ripp'd Kendal's shirt down, and saw his guts work out of his belly, just as if a pot was boiling, just below his navel, as near as could be; his guts covered the wound, so that I could not rightly see it; then I would have laid hold of the prisoner, but I was afraid; so I ran to Mill-Bank for George Straton , and brought him, and we took him; we searched him, but found no knife upon him; all he said, was, Do not take my money away; we had him before Justice Carkesse; there he said, he was going home and Kendal knock'd him down at the door. He was a soldier; he was taken away to the Hospital in Petty-France; he died about two o'clock the next day; I saw him that night, between five and six o'clock, but did not look at the wound.

Q. At the time that the prisoner made the push at the deceased, did she step backwards before he stepp'd forwards, or only forwards?

Doleman. Only forwards.

Susannah Frazer . I was sitting by my own fire-side in Vine-street, about 40 yards from the 3 Tuns, about 9 that night I heard murder call'd twice; I went to the 3 Tuns door, and saw the prisoner standing neither out nor in the house, and Kendal was standing about 2 yards distance, near the window; not a word past between them for 5 minutes; than I saw Lamb make a blow at Kendal's belly with his righthand, and said, D - n him, I have done for him: he push'd it with great vengeance; I know it hit him in the belly.

Q. Did you see any thing in the prisoner's hand?

Frazer. No, I did not; he made as if he put some thing in his left-hand pocket with his right-hand immediately after. Kendal turn'd round and clapp'd his hands to his belly, and stagger'd over the way, and said, I am stabb'd, I am stabb'd, and laid himself down on the step of a door. When his shirt was torn down I saw his bowels out, about the bigness of a large walnut. I saw them take Lamb away to the Justice.

Rowland Strutham . I belong to the Coldstream regiment, the prisoner belongs to the third. I live facing the three Tuns; I was smoaking my pipe by the fire, hearing a tumult in the street I went out; I saw the prisoner and the deceased standing in the street; Lamb by the three Tuns door, and the other near the window. Then there was no fighting. Presently Lamb made a push with his right-hand towards the wall at Kendall's belly, and said, D - n you, I have done for you.

Q. Did the blow hit Kendal?

Strutham. By the words that were spoke it must.

Q. Did Lamb give a step either forwards or backwards?

Strutham. I did not observe that?

Q. Did you observe any thing in Lamb's hand?

Strutham. No; it was dark at that time. Immediately Kendal clapped his hands to his belly, and turned round, and said, Lord, or Lord have mercy upon me, I am stabbed. I saw he was stabbed; his bowels were out when he lay on the step of the door, about the size of the knob of this stick (producing an oak stick, the knob about the size of a large walnut.) I helped to carry him to the hospital belonging to the soldiery. We laid him on a bed there; this was about 15 minutes after the wound was given. He died the next day about two o'clock. I saw him after he was dead. As we were coming back from the hospital we went in at the Justice's, and saw Lamb searched; there was nothing found upon him but half a guinea and some half pence in his waistcoat pocket. I said he had committed a murder. He answered, how did I know that? that was all he said.

Mary Wagg . I was in at the three tuns at that time serving an halfpenny worth of grey pease. There was the prisoner, a young woman, and a young lad. Kendal and another soldier came in, this was about nine o'clock. The landlady said to Kendal, Do you want any thing? he said, no, nothing. Then she said, get out of my house. She got up, and push'd him and the other soldier that came in with him out at the door with great violence. They turned in a second time, then the landlady and Lamb, and a woman that was drinking rum and water with Lamb, set upon them to turn them out again, when Kendal, and the other soldier, and Lamb, were got just by the door they gave Lamb a haul and 2 or 3 hard blows. Lamb struck again.

Q. What did Kendal's companion do?

Wagg. I believe he was upon Lamb also. Then Doleman and another man came up, and went between them, and parted them.

Q. What did they fight with when fighting?

Wagg. Nothing but their fists. After they were parted Kendal was standing by the window, Lamb turned towards the door, and went about halfway in. Kendal's companion stood in the middle of the mob; there were a pretty many people there, when they had stood some minutes -.

Q. How many minutes?

Wagg. Near two minutes; Lamb stepp'd forward and gave a push against Kendall's belly, near the navel, and said, D - n you, I have done for you. Immediately after I saw him put his right-hand a-cross his belly, to his leftside, and went in a-doors. Kendal clapp'd his hands cross his belly, and said, I am stabb'd, I am stabb'd. Then I call'd out murder. I saw the cut in Kendal's shirt, his waistcoat being open. Kendal went to the other side of the way and fell down. I walked after him.

Q. How long was the cut in his shirt?

Wagg. It was about an inch wide. It is my opinion he designed to have gone up the steps, and in at the ale-house door cross the way, but he fell down on his back. Then I ran away for a little time; after that I came to him again, then I saw his bowels out as he lay.

Q. to Strutham. Did you see the cut in the deceased's shirt ?

Strutham. No, the shirt had been torn down when I saw it, and a woman had laid her apron on the wound.

Eliz. Upton. I was in at the 3 tuns ale-house that night. About 9 o'clock Kendal came in. There was the prisoner and one Moll Smith. Kendal said to Moll, You said I was at the Round-house last night. She said she did not say any such thing. He had a pennyworth of beer, and went out and came in again, and brought Archy Noak with him. Then he said, you did say so, Moll Smith. She said, she did not. Then they made a scuffle, and got all out at the door together. How they got out I did not see, neither did I see them in the street: I kept my place. Presently I heard the windows breaking, then my landlady ordered me to go and call her husband down stairs, and when we came down they said, The man was stabb'd, the man was stabb'd. I saw Lamb come in at the door, but I was so affrighted that I did not look about much. In about a quarter of an hour there was constable came.

Q. Did you see any weapon that Lamb had?

Upton. No, I did not. I have seen him at that publick house many a time, but I never saw any knife that he had, but what he borrowed. He was searched but none found upon him; he had been backwards before he was searched, but what he did there I do not know.

Q. to Doleman. Who searched the prisoner?

Doleman. I did: I searched his side pocket and all his other pockets, but found no knife. This was about a quarter of an hour after. He had been and washed the blood off his face and hands before that.

Charles Carson . I am a Surgeon. I saw the deceased on the first of September about the 11th in the forenoon, in the Infirmary. I was informed the accident had happened over night, and he was brought in with his bowels out; he was alive, I saw a large quantity of intestines lying on his belly, and the man in great agony. I could not see the wound then, but when I replaced the intestines I saw the wound, it was about an inch in length, about an inch to the right of the navel.

Q. Was it a cut or a blow?

Carson. A cut it must be, by the appearance of it, by a sharp-pointed instrument.

Q. Was the cut cross or up and down the belly?

Carson. It was up and down.

Q. How far had it penetrated?

Carson. It had penetrated the cavity of the belly by the intestine's making it's way.

Q. Do you call it a mortal wound?

Carson. It is my opinion that was the cause of his death; he lived about an hour and a half after I saw him.

Q. Is there not always a Surgeon there to attend upon people that are brought in?

Carson. Yes, there is.

Q. Was not the intestine replaced before you saw him?

Carson. No.

Q. Could this man's life have been saved had the intestines been replaced at his first being brought in?

Carson. It is impossible to say that.

Q. What is the Surgeon of the Regiment's name that took him in?

Carson. His name is Davis.

Q. Did you find no bandage upon the wound?

Carson. No, but a vast quantity of intestine out, which then had not mortified but it was pretty near it.

Q. Are you an appointed Surgeon to this Infirmary?

Carson. I am.

Court. It is your duty to advise your superiours of this neglect of Mr Davis's. You will not do your duty to the publick if you do not.

Q. from the Prisoner. Did Kendal refuse to have his wound enlarged?

Carson. He did not when I was there.

Q. Suppose the wound had been enlarged, what would have been the consequence of that?

Carson. That was the only way to have him do well; that would have been the proper treatment of it, so to return the intestine, had that been done at his first coming in, there might have been a possibility of saving his life.

Q. Was the intestine wounded?

Carson. No, not as I saw.

Court. We hope you think as we do, that the superior officers of that regiment should be informed of the treatment that poor man met with, from that Surgeon belonging to the Infirmary.

Mr. George Martin , a Surgeon, being in court it was desired to have his opinion of the case. He was sworn.

Q. to Mr Martin. You have heard the description of the wound, and that it is supposed to be given at 9 at night, and that at 11 the next morning there was a great quantity of intestine came out; if proper care had been taken of him at half an hour or an hour after the wound was given, whether or not there was not a probability of his doing well?

Mr Martin. If the wound had been enlarged immediately, and the intestine returned as it was not wounded, it is very probably the man might have done well.

Q. Is it more than probable?

Mr Martin. It is, he might.

Q. Do you belong to the army?

Mr Martin. No.

Q. Do you know Mr Davis.

Mr Martin. I do not.

Prisoner's Defence.

I was drinking in that publick-house; there came two men in and dragged me out, and knocked me down once or twice, one of them I never saw before to my knowledge, the other I have known a long time. I do not know how the affair happened that the man was stabbed, what I did was in my own defence. I know nothing of any weapon that I had about me; the landlord of the house knows I had been dragged out of the house by them.

For the Prisoner.

John Harret . I keep the Three Tuns in Wild-street. I was on the bed when this terrible affair was; the window being broke, the woman came and called me. When I came to the bottom of the stairs, there was a woman came with great surprize, and said, Lamb has stabbed Kendal. I saw no instrument that Lamb had; he came into my house just afterwards, and asked for a bason of water, and went backwards, and washed himself, for his face was very bloody, and his nose cut. I never saw him with a knife of his own in my life; he has used my house two years; he always behaved well in my house as any man need to do, never made any wrangle, but paid for what he had. I do not look upon him to be a quarrelsome man. I do not remember I ever heard him swear twice in my life. Serjeant Noaks that came into my house with the deceased, has made riots, and I believe did bear the prisoner a grudge concerning the woman.

Q. Had Kendal any grudge against him as you know of.

Harret. I do not know that he had.

John Kemp . I am a Watchman. About half an hour after nine I was at the Three Tuns. In came Kendal, and said to Mary Smith , D - n your eyes, you bitch, how could you tell Noak you put me into the watch-house; said she, I said no such thing; he said, I'll knock your head off, and your cull's too; then he called for a penny-worth of beer and drank it, and began to repeat the same words again; and the woman of the house desired him to go out; he paid for his beer and went out and, fetched Serjeant Noak, and they took Lamb by the collar, and had not patience to take him out, but between the two doors they fell to beating him. I went for a constable and when I came back the thing was done. The prisoner was searched, but no knife found upon him before the Justice. He was eating some oysters when they came in, but I saw no knife in his hand. I have seen him many a time at that house, but never saw him quarrelsome.

Guilty . Death .

He received sentence immediately (this being Friday) to be executed on the Monday following, and his body dissected and anatomized.

275. (M.) John Burton was indicted for stealing seven wooden mould prints for clocks of stockings, value 5 s. July 14.*

Acquitted .

276. (M.) Elizabeth Cale , otherwise Brown , was indicted for stealing two silver spoons, value 10 s. one cloth cloak, value 12 s. one silk bonnet, two aprons, three pair of long lawn sleeves, one cambrick handkerchief, two caps, two pair of musling ruffles, two ribbons, one mother of pearle necklace, one linnen stock, and two pair of scissars, the property of John Fairbern , Aug. 29 .*

John Fairbern. I live in Charles's-Court, St Martin's . The prisoner lodged at my house up one pair of stairs backwards. I lost the goods mentioned in the indictment from out of my back parlour. She had been gone out about a quarter of an hour. She was taken with my wife's apron, handkerchief, hat, and necklace on. Produced in court and deposed to by prosecutor's wife. The prisoner confessed the other things were at her new lodging in Wapping; we went and found them accordingly, and two table spoons, that she had pawned one to Job Jones, the other to Jane Honderson . Produced in court and deposed to by prosecutor's wife.

The two Pawnbrokers deposed to the taking the spoons in of the prisoner; and Mr Smith the constable to that of her confession, and the finding the things.

The prisoner said nothing in her defence.

Guilty .

[Transportation. See summary.]

277. (M.) Elizabeth Jones , spinster , was indicted for stealing one dimitty waistcoat, value 2 s. and fifteen linnen handkerchiefs, value 5 s. the property of George Bradley , Aug. 20 .*

Guilty .

[Transportation. See summary.]

278. (M.) Sarah, wife of Solomon Cater , was indicted for stealing eight reams of part of Robin-Hood's Garland, value 20 s. two reams of the history of the Kings and Queens, value 5 s. three reams of the lives of the Apostles, value 5 s. and four reams of several sorts of histories, value 20 s. the property of Larkin How , privately in his warehouse , Aug. 1 .*

Larkin How is a Printer in Petticoat-lane; the prisoner rented a lodging in the same house where the prosecutor's warehouse was. She had taken at several times the divers reams mentioned in the indictment, out of the warehouse, and sold to divers people that kept Chandlers-shops, and Cheesemongers; where part of them were found, which the prisoner owned to.

Guilty 4 s. 10 d.

[Transportation. See summary.]

279. (M.) Mary Mills , spinster , was indicted for stealing one pair of linnen sheets, value 3 d. one blanket, value 3 d. and one copper saucepan, value 3 d. the property of Samuel Hanam , in her ready-furnished lodgings , Aug. 25 . ++.

Acquitted .

280. (M.) Richard Outwood was indicted for stealing eight hats, value 10 s. the property of Richard Fillison , Sept. 7 . ++.

The prosecutor is a Hatter in the Haymarket ; he lost eight hats on the 7th of September out of his shop; and John Pamperton a Watchman in St Ann's parish stopped the prisoner in the street with them under his arm, by which means they came to the knowledge of the prosecutor. The hats produced and deposed to.

The prisoner in his defence, said two lads gave the hats to him.

Guilty .

[Transportation. See summary.]

281. (M.) Sarah, wife of William Pace , was indicted for stealing one linnen shirt, value 5 s. the property of Robert Rayment , Aug. 21 .*

Guilty 10 d.

[Whipping. See summary.]

282. (M.) Sarah, wife of John Cotterel , otherwise Sarah Green , was indicted for stealing five linnen shirts, value 5 s. the property of Thomas Morris , two linnen shirts, one pair of linnen sleeves, one iron pot, one cloth cloak, and one linnen handkerchief , the property of Dorothy Morris , widow , Dec. 7 . ++.

Thomas Morris is a Cabinet-Maker; his mother Dorothy lives with him; the prisoner was servant ; the things were missing; the servant charged with taking them; she confessed she had taken them, and some were found by her directions.

Guilty 10 d.

[Transportation. See summary.]

283. (L.) John Mayland was indicted for the wilful murder of Peter Archer , he stood charged on the Coroner's Inquest for Manslaughter, August 1 . ++

Samuel Addison . I am fourteen years of age last January; there were three apprentices of us; our master is a Carcase-Butcher, named Thomas Wright , in Whitechapel ; the flaps are our perquisites; the deceased had sold six pennyworth; he gave me two-pence, among which was a bad half-penny; I ask'd him to change it; he did; when the prisoner came in he gave him his two-pence; he gave him a bad half-penny; the prisoner said he would lay him two pence it was a bad one; the deceased laid him that it was a good one; and they were to be judged by my master's nephew, named Thomas Wells ; he said it was a counterfeit; then the prisoner got jumping about, telling him he had won the two-pence, calling the deceased names, and saying he went after whores and such. Archer had a block-brush in his hand, he hit the prisoner a blow upon the elbow with it; as soon as he had hit him, the prisoner turned round and said he would chop him down, and flung the knife, which he was scraping the block with, immediately at the deceased; it hit him on the left side his navel, a little below.

Q. Where was this?

Addison. This was just out at my master's door.

Q. Did he sting it under or over handed?

Addison. Over-handed. (A large knife, about three inches longer then a Shoemaker's knife; and a hair-brush, with a handle about a foot long, were produced) These are the knife and brush; the knife hit him and dropped down; the deceased lived. 'till that day se'nnight, and then died.

Q. In what manner did the deceased and prisoner live together?

Addison. They never sell out as I know of; they seemed to be friends before this.

On his cross examination he said, the deceased was betwixt eighteen and nineteen years of age; that the prisoner was about sixteen; that the deceased was a good natured lad; that he himself had had a blow on his elbow; that it hurt him very much; and that the prisoner said, that blow on his elbow hurt him, and he fell to rubbing his elbow.

James Archer . I am father to the deceased; I ask'd my son, after the accident happened, how it began; he said, he hit the prisoner over the arm with a brush; and the prisoner said he would do him a mischief, and flung the knife at him immediately. He had a Surgeon to attend him, but he died just about a week after.

Q. What do you think was the occasion of his death?

Archer. I believe the wound he received on his belly.

Mr Seirs. I am a Surgeon; when I saw the deceased, on the first of August, his hands were on his bowels covered with blood; there were a prodigious quantity of his bowels out; I imagine the wound was given with a sharp instrument; the wound was about an inch and half wide, and had past through into the cavity of the belly.

Q. Did it appear to you, from the kind of the wound, that it might be done by accident, by falling out of a person's hand, or done by force?

Mr Seirs. It appeared to me to have been done by force; that as he threw it over-hand, by it's striking him so low, it was on the descent, having taken, as it were, a circle. He lived 'till the eighth day and then died. There was another accident happened after the wound was given, he ran between two and three hundred yards with his bowels in his hands.

Q. Do you think he might have lived, had proper care been taken?

Mr Seirs. Yes: I do.

Q. to Addison. What became of the deceased after the wound was given?

Addison. He immediately ran a-cross the way, about a stone's cast.

George Martin . I am a Surgeon; I can say no more then what Mr Seirs has said; I was sent for to the deceased between ten and eleven o'clock at night, Mr Seirs was there; the lad's bowels were out, as many as would fill a handkerchief; I opened the wound and they returned again; about one o'clock the boy, by struggling, forced his bowels out again; I went and returned them; after that, the boy grew extreamly uneasy, and died in a few days.

Prisoner's Defence.

I ask'd him for my two-pence; he gave me three half-pence and a bad half-penny; I said, that was a bad one; he said, it was a good one; we laid two-pence, and the journeyman was to decide it; the journeyman said it was a bad one; I said, I would show it to my mistress; she said it was not coined in the Tower; I came out; Samuel Addison was gone over the way for some packthread to tie some bladders; the deceased struck me; after Addison came home the deceased struck me, with a brush, over the elbow; I was scraping the grease off the block; I made an offer at him, and the handle of the knife, being greasy, flew out of my hand; I did not think of doing it, no more then of dying that minute.

For the Prisoner.

John Buckley . I have known the prisoner almost three years; a good tempered lad and one that always minded his business.

Ann Ford . I have known him about four years; he is a very sober good-natured child as any in the world.

Mary Weaver . I have known him six years; he is a mild good tempered youth, I never saw him quarrelsome in my life.

Maria Anderson . I have known him from a child; he is as good a tempered a child as ever I knew in my life.

Guilty of Manslaughter .

[Branding. See summary.]

284. (M.) William St. Lawrance was indicted for stealing one book covered with parchment, containing 100 sheets of paper, value 39 s. the property of , Esq ; Aug. 15 . ++

Acquitted .

285. (M.) Hugh Cantrell was indicted for the wilful murder of Philip Ruskins . He stood charg'd on the Coroner's Inquest for Manslaughter, July 23 . ++

Samuel Tanner . I live at the Bull at Tanner's End ; on the 23d of July, about 12'clock, Mr Bonner came to me, and said, Ruskins was at the door, abusing a man that had taken my wife's part, whom Ruskins had abus'd before. Ruskins struck Bonner two blows. Then Cantrell came out, and asked Ruskins, If he was not ashamed to beat an old man? upon which words arose between them. Ruskins challeng'd Cantrell, and they agreed to fight. Then Cantrell declined it, and came into the house. Ruskins followed him to the door, and look'd in at the window, and said, I am now ready, and went backwards 7 or 8 yards and stripp'd. Cantrell went out, but I was about my business, and saw no more of it. Ruskins was a very quarrelsome, troublesome fellow, subject to drink, and then would abuse any body. Cantrell always behaved peaceable and sober.

William Bonner . I was at Mr Tanner's, setting on the bench, and had call'd for some beer. Ruskins ask'd me to drink with me; I said he might. He flew in a violent passion at the landlady at the door, and said, he would throw her into the pond. I said, it was unbecoming to use a woman with such words. He gave me a kick on my backside, and struck me on my stomach with his fist. Cantrell came out, and said, it was a pity to use an old man so ill; upon which words arose between them, and there was a challenge made, but I know not which made it. After that, Cantrell went into the house, and Ruskins came, and call'd him out, saying, he was ready; then they went to fighting, and had 3 set-too's; at the 2 d set-too, Cantrell struck Ruskins on the side, and he fell. He was taken up, and a third set-too, but in that I saw no blow at all. The deceased died the day following: he was always a very quarrelsome man.

Thomas Nottage . On the 3 d set-too Cantrell gave the deceased 3 or 4 blows on the body; one blow was on his face, then Ruskins fell and could rise no more. We put on his cloaths, and gave him some water. He could then speak. He was carried to his lodgings, and he died the next day. I saw him dead, but no marks of violence upon him, only a bruise on the left ear, which he got by the fall. He was a very abusive, quarrelsome man: he would quarrel with any body when he got in liquor.

Prisoner's Defence.

He challenged me, and I could not avoid encountering him. He us'd the woman of the house, and the other evidence here, very ill, and there was no making him peaceable. I would have avoided fighting if possible.

To his character.

Mr Bass. The prisoner was my servant; I have known him about 2 years, he is a very peaceable man, and always behaved well.

Richard Thomson . I have known him about 4 or 5 years; no man behaved better than he did. I never saw him quarrelsome in my life.

Acquitted . The deceas'd died a natural death.

286. (M.) Margaret Dodamy , otherwise Felton , widow , was indicted for stealing one linnen shirt, value 5 s. the property of Margaret Wheeler , July 20 .*

Margaret Wheeler. The prisoner used to do little matters for me. She came on the 20th of July; she was a-dry. I went down to draw her a pint of beer. I left her in my shop. My lodger saw her come out of my room from behind the shop; she told me. I miss'd a shift; we went to take hold of her, she ran up the street. We call'd out, Stop thief; she was taken in about half an hour's time with my shift in her pocket.

Ann Wilson confirm'd the account of the prosecutrix.

Guilty .

[Imprisonment. See summary.]

287. (M.) Jane Jenkins and Ann Jenkins , spinsters , were indicted, for stealing 2 check aprons, value 2 s. 2 linnen caps, value 1 s. and 2 handkerchiefs, value 1 s. the good of Anthony Price , July 27 . ++

It appeared the goods were lent by the prosecutor's wife to the 2 prisoners, they were Acquitted .

288. (M.) Thomas Holford and Joseph Dickinson were indicted for stealing one silver mug, value 38 s. the property of John Cockburn , Aug. 30 . ++

John Cockburn . I keep an Ale-house in St. Katherine's. On the 30th of Aug. last the two prisoners at the bar came to my house, and call'd for a pint of beer. It was brought them in a pewter pint mug. When they were gone I miss'd a silver pint mug. Holford used often to be at my house, being an apprentice to a neighbour of mine. They offered it to sale to a silver-smith in Leaden-hall-street, and he brought them to me. We took them before my Lord Mayor, there they confess'd it. Holford confess'd, Dickinson reach'd over the iron rails at the bar and took it out, and concealed it under the table, 'till such time as they had an opportunity to go out with it; then they went to the half-way house between Stepney and London, and stole a hammer and a knife, with which they cut the mug to pieces, produc'd in court in pieces, and depos'd to. Here is my name at length, and sign, upon the pieces. Here is all within the value of about half an ounce.

Job Tripp. I am a silver-smith, and live in Leadenhall-street. Dickinson brought this silver handle of a mug to sell to me on the 31st of August It being broke gave me a suspicion that it was stolen. I tax'd him with it; he began to want to go away; I laid hold of him, and examined his pockets, and found the remainder in pieces there (the same as produc'd). There came in two gentlemen, the prosecutor was one of them; I desired to know if they had lost any thing. I show'd him part of the silver; then we went before my Lord Mayor, and he swore to the silver by his name being upon it. The prisoner Dickinson there said, he had been on board a French privateer, which he was at the taking, and he and others had taken this mug, and shared it amongst them. He struck in this story about an hour; and after that he owned he took it from the prosecutor's house.

Q. What do you know of the other prisoner?

Tripp. He was waiting in the street when Dickinson was in my shop; but upon my looking out he ran away down Duke's Place.

Prosecutor. Here is some pieces of it in another paper, producing them, that I found upon Holford when taken, part of which makes my name.

Holford's Defence.

I am willing to serve the King.

Dickinson's Defence.

I was counselled to do it, or I had not done it.

Both Guilty .

[Transportation. See summary.]

289. (M.) Mary Cooper , widow , was indicted for stealing 4 cotton gowns, value 10 s. 2 linnen sheets, value 6 s. 2 petticoats, 1 pair of stays, one linnen table-cloth, and 2 linnen aprons , the goods of Jane Fox , widow , Aug. 8 .*

Jane Fox. I live in Whitechaple parish. I had left my house in the care of Eleanor Bright , the goods mentioned were taken out of a chest in my room. The prisoner was taken up with one of the gowns on her back, and she confessed where she had carried the rest of the things; produc'd in court and depos'd to.

Eleanor Bright . I had the care of Mrs Fox's house. I went out on the rejoicing night, when I returned the house was broke, and the goods mentioned were gone.

Thomas Jigget , the Constable, Deposed to the taking up the prisoner, and finding the things by her direction.

The prisoner said nothing in her defence.

Guilty .

[Transportation. See summary.]

290. (M.) Catherine Mawlony , widow , was indicted for stealing one guinea, one half guinea, and 4 s. in money, number'd, the money of James Parker , privately from his person . August 11 . ++

James Parker . I was in company with the prisoner and another woman, at the two kettledrums in Ratcliff highway on the 11th of Aug. I had pulled out my money to pay for some liquor. I had a guinea and half, and some silver in my purse. After that I sat a little while and missed my money; my purse was found empty under the table. The other woman stripp'd herself; nothing was found upon her. I took the prisoner before the Justice: she had 12 guineas about her.

Mary Benson . When they had got the prisoner in hold she wanted to go to the vault, I went with her; I thought she had put something down in it. I desired Richard Allen to go and see.

Richard Allen . I found this handkerchief down the vault, produc'd in court.

Prosecutor. This is my handkerchief, which I had in my pocket when I went into that house.

Prisoner's defence.

I am innocent of the fact.

Acquitted .

291. (M.) Susannah Fogg was indicted for stealing one pair of linnen sleeves, value 1 s. one silk handkerchief, and one muslin apron , the property of Robert Pell , Esq ;

Guilty 6 d.

[Whipping. See summary.]

292. (M.) Margaret Magrau , spinster , was indicted for stealing one silver watch, value 40 s. 6 guineas, and 7 s. in money, number'd, the property of William Pesreasdon , Aug. 30 .*

William Pesreasdon. I was going into the country to see my friends this day fortnight. About 3 o'clock in the morning I went into a night-house in St. Giles's , the woman at the bar was there; she said she had clean lodging; I agreed to give her 18 pence, and went with her, it was in an alley in St. Martin's-lane; we went to bed, and I awaked at almost six, she was gone, and had taken my watch, 6 guineas, and 7 or 8 s. in silver, and my silver buckles out of my shoes. I am certain I had my watch, money, and buckles, at going to bed. I got intelligence of her, and found her in bed at the Peacock in Charing-cross, and the watch, and a guinea and half, and 4 s. and 6 d. were found upon her.

Samuel Pryer . I am a Constable; I was sent for by the prosecutor; he said he had been robb'd of 6 guineas, a watch, and some silver; and he was informed, the person that robb'd him was at a house near Charing-cross: we went there, and found the prisoner in bed. I took hold of her pocket, and in it found this silver watch, producing it. The prosecutor said it was his watch.

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

Pryer. I examin'd farther, and found a guinea and half, and 4 s. 6 d. and about 3 d. in half-pence. There was a woman by, which I looked upon to be a bad woman; she told me she had got some of the prisoner's money, and she gave it me; it was a 6 s. and 9 d. and 3 s. She said, she had been to a Pawn-broker's at the corner of St. Martin's-lane, and had taken out a gown. The prisoner said she had bought a gown; this was between 9 and 10 in the morning.

Prisoner's Defence.

I happened one night to be in a house in St. Giles's; I went with a person a little in liquor; this happened to be a night-house; she would not part with me without drinking; we had a pint of beer; the prosecutor came in and sat down by me, and ask'd me if I would eat a piece of bread and butter; I eat part of it; so did the other woman that I was drinking with; then he said, I am going into the country and I want a wife, and if you have a mind to be my wife I will cloath you; it is not a great way that I am going, and I am going to receive a sum of money, I have money enough; I said, if you have, you know how to make use of it; he said, here is my watch, do you keep that, and deliver it to me there; I look'd at it; soon after the constable of the night came in, he happened to know the prosecutor; he said what brought you here; said he, I have left my master, and am going into the country; another-man, that was there, said to him, as I had his watch in my hand; is this your wife; he said, this is one that I am going to make my wife; I gave him his watch again in the house, and we had two or three pots of beer together; he and I went out; the woman of the house bid us good by; we came near St. Gil es's church; he said, he was much in liquor, and he would lie down 'till morning; I said, I did not chuse any man should come into my room, I had nobody but myself; he would go up into my room; then he said, he would give me two shillings for the use of my bed; I said, I do not want any thing for that, for I am going to Convent-Garden; he took the watch out of his sobb, and said do you take that and lock the door and take the key; which I did; as for money, I had none; he said he had no more then two shillings about him. I went to Convent-Garden, and had not been there long before he broke open the door and came after me; and he and the constable came to me at the house of my acquaintance; there was nobody with me, but a woman I met with in the market; she said, Peggy, come and lie down on my bed; I was in liquor, I thought to lie till I was sober; I lay down, and while she was making the water boil for tea they came and took me, and robb'd me of my gown, my money out of my pocket, and other things; they never ask'd me any thing; then they took me to the Round-house; the constable persuaded the young man to swear against me; the young man said, I have no occasion to do it, for if she gives me my watch I have nothing to do with her; he swears his buckles were silver and they were nothing but metal.

Prosecutor. She left me her metal buckles, which I put on, and she took my silver ones away.

Guilty .

[Transportation. See summary.]

293. (L.) Hannah Armstead was indicted for wilful and corrupt perjury on the trial of Ann Bennett in July Sessions . ++

Thomas Gurney , the Short-Hand-Writer, deposed to what she swore in court, on the trial of Ann Bennett .

The Prosecutor and Mrs Carden deposed as before, on the said trial, see to which the reader is referred.

Guilty .

[Imprisonment. See summary.]

[Transportation. See summary.]

204. Jane Williams , widow , was indicted for wilful and corrupt purjury, in swearing before Dr. Harris, that she was half-sister to Benjamin Young , and that he died without father, mother, sister, or brother, (on board one of the East-India ships) May 19 .

The mother and sister to the deceased, appeared in court, but without any evidence to support the charge.

She was acquitted .

She was a second time indicted for that she devising and intending to get into her possession 8 l. 17 s. due to Benjamin Young (aforesaid) did get letters of administration granted to her, as the next a-kin to the said Benjamin Young , to the detrement of the lawful heir, &c.

For want of proper evidences to prove the affidavit, upon which she obtained the letters of administration, she was acquitted of this also.

295. Thomas Russel was indicted for unlawfully winning of Jonathan Blunt at a certain called cribbage, 149 guineas, against the statute in that case made and provided .

Jonathan Blunt did not appear.

Acquitted.

296. James Carter was indicted for deceitfully erasing the name of Brass Crosby to a certain writing, and putting James Carter in the room of it, with intention to defraud Brass Crosby .

Brass Crosby did not appear.

Acquitted.

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

Received Sentence of Death 4.

James Innis , John Rice , Nicholas Randall , and Richard Lamb .

To be transported 7 years 22.

John Shirwood , Elizabeth Simpson , Susannah Smith , Elizabeth Powis , Henry Ryecroft , John Tomlinson , Jonathan Gibson , John Williams , Mary Ockelford , John Morgan , Elizabeth Cale , otherwise Brown, Elizabeth Jones , Sarah Cater , Mary Cooper , Richard Outwood , Elizabeth Tompson , Margaret Magrau , Thomas Holford , Joseph Dickinson , Sarah Cotterell , and Sarah Campbell ; and Hannah Armstead to be imprisoned one week and afterwards transported.

To be branded 3.

John Mayland , Richard Smith , and M. J.

To be whipped, 2.

Sarah Pace and Susannah Fogg .

To be imprisoned two months, 1.

Margaret Dodamy otherwise Felton.

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