Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 26 November 2014), October 1759 (17591024).

Old Bailey Proceedings, 24th October 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 24th, Thursday the 25th, and Friday the 26th, of OCTOBER, 1759.

In the Thirty-third Year of His MAJESTY'S Reign. NUMBER VIII. PART II. for the YEAR 1759. Being the eighth SESSIONS in the MAYORALTY of The Right Honble Sir RICHARD GLYN , Knt. and Bart. 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.

297. (L.) Mary, Wife of David Bostin , was indicted for stealing two silver spoons, value 11 s. and one silver tea-spoon, value 18 d. the property of Jane Fry , to which she pleaded guilty .

[Transportation.]

298. (L.) Michael Collins was indicted for stealing two cloth coats, value 18 s. one cloth waistcoat, value 5 s. one pair of breeches, value 3 s. the goods of Frederick Hedenberg . One cloth coat, value 6 s. the property of Erasmus Hanson . One hat, value 2 s. one periwig, value 2 s. the property of Nicholas Nelson . One hat, value 2 s. one silk waistcoat, value 2 s. the property of Robert Nelson . Two damask waistcoats, value 1 s. one pair of worsted breeches, value 1 s. And two linnen shirts, value 18 d. the property of persons unknown, October 11. The prosecutors did not appear.

Acquitted .

299. (M.) Mary Smith , spinster , was indicted for stealing one linnen sheet, value 18 d. one silver spoon, value 18 d. one silk skirt of a gown, value 3 s. the property of Thomas Howard , in a certain lodging-room, let by contract, &c. Aug. 7 . ++

Thomas Howard . I let a ready furnished lodging to the prisoner at the bar. The sheet was part of the furniture let with the room. The other things mentioned were not, but were missing when the sheet was, from out of my apartment. She used to come often into my room to drink tea. I suspected the prisoner, and went to Mr. Fell a Pawnbroker, and found the sheet. Produc'd in court, and depos'd to.

Q. Is the Pawnbroker here?

Howard. No, he is not. He told me there would be no occasion for him to come.

Sarah Scot . I went with the prisoner, and saw her pawn a sheet at Mr. Fell's, but can't sware that this is the same. She also wanted me to go and pawn the skirt of a gown, but I would not take it.

Q. to prosecutor. Have you found any of the other things?

Prosecutor. No, I have not.

Prisoner's Defence.

I know nothing at all about them.

Acquitted .

300. (M.) Richard Berry was indicted for stealing 21 Guineas, one 9 s. piece of gold, and one shilling in money, number'd . the money of John Jarrat and James Mitchel , October 6 . ++

John Jarrat . James Mitchel and I are Brewers and partners at Hackney. On the 6th of October I went out in the morning, and left with John Swaiby my apprentice 29 l. 17 s. in order to pay a bill. When I returned about 5 in the evening he gave me 5 guineas of that. I ask'd him for the rest; he said, he suppos'd I had had it. I said I had not. Then he said, it was taken from the place where he laid it, and suppos'd the prisoner at the bar had taken it.

Q. What is the prisoner?

Jarrat. He was my servant: I employ'd him to fetch water in a cart, and other business about the yard. He was missing. I sent four people to look for him. They took him, and I was with him before the Justice of the peace; there he confess'd he had taken 20 Guineas and a shilling.

Q. Where was it missing from?

Jarrat. From out of the counting-house.

Q. Does your counting-house join to your dwelling-house?

Jarrat. No, it does not. He produces a bag. This is the bag that the money was in. Justice Pell deliver'd it to me with 16 l. 10 s. in it, which was taken from the prisoner at the bar.

Thomas Cook . I am a Coachman. Mr. Jarrat desired me to go and see after the prisoner; I found him at the Black Boy on Salt-Peter-Bank. He ask'd me, what I did there? I told him, I came to see for him. I charg'd him with this robbery. I search'd him there, and found but a groat upon him. Going along in Whitechapel he said, he would walk no farther, he would have a coach. He would confess nothing, but said he would tell me in the morning. I deliver'd him up to Mr. Burill a constable in Whitechapel, and there left him 'till morning. When he was before the Justice he owned he had taken 22 l. 11 s. in my hearing; and he had given one woman 4 guineas, and another seven. We search'd him, and found 14 guineas and 16 s. and 6 d. and a 9 s. piece concealed under his backside in his breeches, in a bag.

John Blackwell . I went with Mr Jarrat before the Justice. There the prisoner own'd he had taken the money, and what he had done with it; and the woman that he said he had given the 4 guineas to, was taken and committed to Bridewell.

Q. to Cook. Look at this bag. -

Cook. This is the same bag, I believe, that I found upon the prisoner.

John Swaiby . I am 15 years of age. I am apprentice to Mr Jarrat. He gave me 29 l. 17 s. in order to pay a bill; I laid it in a window by the desk.

Q. Did the prisoner use to come into the counting-house?

Swaiby. He used to come by the window and be looking in, but I did not see him in the counting-house that day the money in the bag was missing, which was 21 guineas in gold and one shilling, the rest in silver was not in the bag. I suspected the prisoner, when I found the money was gone. He was taken up, and confessed the taking it.

The prisoner said nothing in his defence.

Guilty .

[Transportation.]

301, 302. (M.) John Barber and Christopher Speight , were indicted, the first for stealing 300 pounds weight of lead, value 30 s. fix'd-to a dwelling-house belonging to Francis Hulbert and Richard Richardson , their property ; and the other for receiving the same, well knowing it to have been stolen , August 20 . ++

Francis Hulbert . I am a Carpenter . I was acquainted by Mr Brown my partner in a building, that a house belonging to me and Mr Richardson, as assignees of one Lee a bankrupt, was stripped of some lead, and he had a suspicion of Barber, and his labourer one Ellis. Mr Brown had examined Ellis, we took up Ellis first, he confessed, that he and Barber had taken it away. Then we took up Barber, and before the Justice they were there together. Ellis confessed he and Barber took it and carried the lead at five turns to the house of Speight. Ellis went three times and Barber twice. Barber contradicted that, and said, no Tom, I went but once, and that was with a little bit that I carried in my apron. Mr Speight was fetched there. He owned he had bought lead of them, but he contradicted Ellis as to the point of time of the night. I can assert the quantity is upwards of three hundred weight by the quantity that is missing. Speight did not own what quantity he had brought, but that he had bought lead of them two or three times. We got a search-warrant and searched Speight's house, (he is a Shoemaker and keeps an old iron shop) we found no lead there, we have not found any since.

Q. from Barber. Did you ever suspect me in any thing of this sort?

Hulbert. I never knew him 'till he came to work at this building. At first I thought him a diligent man, but latterly I did not think him so, by his behaviour to his master.

Thomas Ellis . Barber and I were at work at Knightsbridge at a building. I carried some lead from there to Westminster for the owner. Barber asked me, why I did not save a little for myself, and told me where I might sell it.

Q. Do you know any thing of lead being taken away from Mr Hulbert's house.

Ellis. Yes, that was in Tyburn-Road: Barber said, the man that owned the house was broke and run away. This is about six weeks ago. We went there: he watched below while I went above. I went and took away the middle gutter and some other lead. When I threw it down he cut it in small parcels with a brick-axe. After we carried it to Speight's house, we got there I believe between ten and eleven at night, he lives in either Bird or James-street, by Grosvenor's-square: we made five turns of it, I carried three, and Barber two; Speight was at home, (we had sold him some small quantities before) he paid Barber that night two half crowns in part of pay.

Q. Was the lead weighed ?

Ellis. I cannot tell the weight of it.

Q. What per hundred was you to have for it?

Ellis. They gave us a penny a pound for it.

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

Ellis. No: the first parcel came to about four shillings and six-pence, the whole of the three last turns came to five shillings and some odd half-pence. I was taken up about three weeks after, and was before the Justice with the two prisoners. There I declared the truth, though I was not examined so regular as I am here. The prisoner Barber said there, that he carried a piece of lead in his apron, and Speight said, he had bought lead of us, but not that came to so much money as I mentioned.

Barber. He owned before Justice Welch that I was at work at the time he took away the lead ?

Ellis. That was at another time; that was with regard to taking two troughs off another house.

Speight. When I was before the Justice, Ellis did not know me.

Ellis. I knew him as soon as he came in at the street-door.

Q. from Speight. Did you sell it to me or my wife?

Ellis. He was present, and he gave Barber two half-crowns in part of pay that night, and he paid me four shillings the first turn.

Q. What did you do with the money?

Ellis. Barber kept the two half-crown pieces, and I the other.

William How . I heard what pass'd before Justice Welch. The three prisoners were together. Ellis said, he and Barber had taken the lead; he threw it down and Barber watched below; that they cut it to pieces and carried it to Mr Speight, and he acknowledged he received it.

Q. Did Ellis know Speight?

How. He did directly.

Q. from Barber. Did not Ellis own there that I was at work at the time he took the lead?

How. No, that was when he took two troughs of mine.

William Calcot deposed to that of the confession of Ellis, that he told Barber, that he had swore he was at the taking the lead; that Barber then said, D - n his eyes: and when Barber was examined, he owned he did carry two or three small pieces to Speight's; and Speight owned there, that he had bought lead of them once or twice.

William Brown . I heard Speight own he had bought lead of them two or three times.

Barber's Defence.

This evidence has swore falsely against me.

For Barber.

Roger Blagrave . I have known Barber twenty-five years, he has done business for me. I would trust him now as soon as any one man in England.

Benjamin Field . I have known him from a child I would trust him now with any thing. I always looked upon him to be a very honest man.

James Whittney . I have known Barber seven years. I am a Bricklayer. He is a very honest man as far as ever I knew.

Thomas Hopley . I have not known Barber a year. I never heard any thing of him, but that he is a very honest man.

Richard Alsum . I have known him sixteen years, he is a very honest man as far as I know.

John Kent . I have known him fifteen years, he is a very honest man for whatever I heard.

John Everit . I have known him eighteen years, he has worked for me. I believe him as honest a man as any in this place.

Joseph Pardue . I have known him five years, he worked for me a year and a half. I never heard any complaint of him 'till this affair, I believe him to be a very honest man.

John Harrop . I have known him twenty-three years, a very honest man as far as I ever knew.

Esther How . I have known him twenty-five years: I never heard but that he is a very honest man.

John Hickery . I have known him nine or ten years: I looked upon him to be a very honest man.

Speight's Defence.

There was a writ out against me, and I was not at home at the time. I came home not a week before I was taken up.

For Speight.

Robert Cattle . Speight lodged with me about nine months.

Speight. I lodged with this man at the time the action was out against me.

Cattle. He came to me about January last. He left me about last Bartholomew-fair time.

Prisoner. I left him on the third of September.

Q. to Cattle. Do you know of his being taken up?

Cattle. No, I do not.

Q. to Hulbert. When were the prisoners taken up?

Hulbert. I do not know: here is the Constable here.

Constable. They were taken up on the twenty-first of September.

Q. to Cattle. Was he always at your house at that time?

Cattle. He was: he never went home on Sundays: he was afraid of being arrested. He worked for his master at my house.

Mr Price. I am a master Shoemaker. Speight was my journeyman, he worked for me from March 'till he was taken up. He worked at his lodging: he lodged at Cattle's from that time 'till about Bartholomew-tide, after that he desired to have his work at his own home, he behaved very honestly, and my work was always forth coming.

John Taylor . I have known Speight about twenty years: he has lived in my house six years, in James-street Grosvenor-square; he is a Shoemaker, and his wife keeps a broker's shop, sells old iron, and the like. I have ask'd him the price of things, he has always call'd his wife. I don't think he attends that business. I know he has been gone 6 or 7 months, but I took no notice of his going or coming. His wife paid me at that time. I believe he returned about a week before he was taken up: I know it was a very short time; it could not be weeks but days.

James Low . I had an action out against Speight on Nov. 6. 1758. I employ'd an officer; he absconded. I renewed the writ several times, but could not take him. I went to his house in August last, in James-Street, Grosvenor-Square, and ask'd his wife if he was at home? she said he was not. I desired her to tell him to come home, and I would make up matters with him, and I would have no officers to molest him. He came down about a fortnight after to me in St. Martin's Lane. We made up matters.

Priscilla Stanley. I have known him above 20 years. He came to me about Christmas last, and told me, he was afraid of being arrested; I let him be at my house about a fortnight, before he went to the other lodging. I believe he is a very honest man. I have laid at his house since, and he has not been at home.

Mary Price . He was a tenant to me before he took a house of Taylor. I always looked upon him to be an honest man as any in the world.

Mr. Edwards. I have employed him, and always looked upon him to be an honest man.

Arthur Poles . I have known him 10 years: he lodg'd with me 9 months. I never heard but that he had a very good character.

Anne Hurles . I have known him 16 or 17 years. I never heard any ill of him in my life. I never knew him do any other business but make shoes.

William Coucher . I have known him 7 years. I believe him to be a very honest man.

Catherine Hall. I have known him 9 or 10 years. I trade in ags. His wife and I trade: he never trades in the shop. He is a very honest man.

William Tomkins . I have known him above 20 years. He has work'd for me several times; I always found him honest and just.

Robert Halsey . I have worked with the prisoner two years, and in that time there was always a separate trade carried on between him and his wife.

Both guilty .

[Transportation.]

303. (M.) Anne Froom , widow , was indicted for stealing one linnen sheet, value 5 s. 2 linnen shifts, 1 cotton gown, 2 linnen aprons, one lawn apron, one cambrick handkerchief, 2 muslin neckcloths, one table-cloth, one napkin, 2 towels, one cap, and 2 handkerchiefs , the property of Jonas Shade , October 5 . ||

Anne Shade . I am wife to the prosecutor. I missed these things, and while I was looking for them the prisoner came in to see Mrs. Barker; she seeing me on the search she ran down stairs. I suspected her, and in her room I found a cap, a napkin, and a towel.

Anne Barker . The prisoner said I lent her these things, but I never did.

Prisoner's Defence.

Mrs. Barker lent the things to me.

The prisoner call'd Mary Williamson , Anne Plummer , and Elizabeth Roger , who all gave her a good character.

Acquitted .

304. (M.) Sarah, wife of William Blacket , was indicted for stealing 2 sheets, 2 blankets, and one flat iron, the property of James Wheeler , out of a certain lodging-room let by contract , &c. October 20 . ++

Lucy Wheeler . I let the prisoner a ready furnished lodging at half-a-crown a week, about five or six week ago.

Q. Where do?

Wheeler. In Hog. I lost out of that room a pair of sheets, 2 blankets, and a flat iron, part of the furniture that I let to her.

Q. Do you know who took the things?

Wheeler. No; I am not sure of that. We have found a sheet, a blanket, and a flat iron; but one thing may be like another, I cannot swear to them.

Mr. Hunt. I am a Pawnbroker. He produced a sheet, a blanket, and a flat iron. The prosecutrix, prisoner, and the constable, came the night before last and asked for these things, and I delivered them to them. The prisoner pawn'd the sheet and blanket to me, but I did not take in the flat iron. The prisoner said they were her own when she brought them.

Prisoner's Defence.

There was another young woman lodg'd with me; she gave them to me to pawn.

Acquitted .

305. (M.) Eleanor Harris , widow , was indicted for stealing one linnen sheet, value 4 s. one copper tea-kettle, value 2 s. 2 smoothing irons, value 2 s. the property of Thomas Gardiner , in a certain lodging room let by contract, &c. Aug. 29 . ||

Thomas Gardiner . I live in St. Anne's Lane, Westminer, I let the prisoner at the bar a room ready furnished. The prisoner lock'd the door, and went away with the key. On the 27th of September I miss'd the goods mentioned in the indictment, part of the furniture let with the room, when I came to look into the room. She went away on the Wednesday, and I found her on the Tuesday following. She was carried to St. James's watch-house, and from thence to the Justice's there. Before me she confess'd she had taken and pawn'd the things to Mr Watson. I went to Mr. Watson's and found them accordingly.

Henry Stockdell . I live with Mr. Watson a Pawnbroker. He produced the things mentioned in the indictment. The prisoner at the bar pawn'd these with me.

Prosecutor. These are my property.

Prisoner's Defence.

I never did such a thing in my life before.

Guilty .

[Transportation.]

306, 307. (M.) John Tucker and Andrew Deering were indicted for stealing one shagreen watch, value 30 s. the property of Robert Pardoe , October 13 . ||

Anne Badderley . I am laundress to Mr. Pardoe's lodgings in Lincoln's-Inn; he was out of town, and his chambers were repairing. I brought his watch from the chambers for security. When I came home Mr Tucker was in the tap-room; he said he was the 7th son of a 7th son. I lodge at the Castle in Portugal-Street . He was curing of people. I having a bad breast, my landlady said, he may do you good. He told me also, if I believed in God he could cure me. I said, I did believe in God. I put my stomacher on one side for him to touch it with his hand. He said he must touch my stomach, and he put his hand farther. Then he said, I must turn three times round to the sun, which I did. I soon miss'd my master's watch out of my bosom: it was a shagreen watch with a gold dial plate.

Q. Are you sure you had it in your bosom when the prisoner undertook to cure you.

Badderley. I am sure I had, and when I took him up he owned he had it. And when I took up the other prisoner, who is a soldier, he own'd he had had it.

Q. Was Deering present at the time you lost it.

Badderley. No, he was not in that house then. I have since been told, that the prisoner Tucker is a madman, and has been in Bethlem 3 or 4 times.

Q. What is he?

Badderley. He has been a Cheesemonger, and kept a shop in the Fleet-Market. I took him before Mr Fielding, there he own'd he had the watch, and that he took it from me; and there the soldier owned he had it from Mr. Tucker, but I never got it again.

Thomas Rice . I am a soldier. I came into my quarters at the Castle and Falcon in Holborn, about 6 in the evening, on a Saturday, about a fortnight ago, I do not know the day of the month.

Prosecutrix. I lost the watch last Saturday was se'nnight.

Rice. There the two prisoners were drinking together: I sat down in the next box to them, they ask'd me to drink. Deering handed the pot to me over the table; I drank, and gave him the pot again. Tucker took a watch with a yellow dial-plate, with a shagreen case, and a packthread string out of his pocket, the glass fell; he took it up, and in striving to get in again he broke it, he having his breeches on with the wrong side outwards, went to pull them off to turn them. (He pretended to be out of his senses.) Deering said, let me hold the watch 'till you turn your breeches. Tucker gave him his watch to hold. He was about ten minutes in turning his breeches: in the mean time Deering ran out of the tap-room into the street with the watch. Tucker looked up and said, Is the man gone with my watch. I ran directly after him, but he had made his escape, and I could not catch him.

Q. Was any thing hanging to the packthread?

Rice. Only a key. The madman then said, it was not his own, but it was a gentlewoman's which he had in cure with a sore breast, and he would buy a silk string to it, and bring it to her again.

Q. to Badderley. Describe the watch. -

Badderley. It had a gold dial-plate, shagreen-case, with a packthread, and only a key.

Q. to Rice. Did you see it open?

Rice. I did not.

Tucker's Defence.

I have nothing to say in the affair; I have had the misfortune to be out of my senses several times.

Deering's Defence.

I was in that house on Saturday was se'nnight, and Tucker came in after I was there; I never saw him before, he sat down in a box and called for beer, and pulled out this watch and opened it, and looked at it, and was for taking it to pieces; he ran his thumb through the glass and broke it; it fell down, he picked it up again, but could not fix it in again: then he said to me, Here, do you take it. I took it in my hand, there were several people asked him how he came by it; he said a lady he was courting gave it him; they asked to look at it, and handed it from one to another, and I never saw it since I delivered it out of my hand, neither did I run away with it.

For Tucker.

Richard Holmes . I have known Tucker about 10 years, he was a cheesemonger, a man of worth, but by unavoidable misfortunes was reduced; he has been out of his senses many years: I myself have known him to commit several acts of lunacy, going about preaching; sometimes almost naked, pretending to cure people. My father has an estate in Hertfordshire, out of which he pays Tucker about 10 l. per year: he came to me some time ago, and desired I would get him into St Bartholomew's Hospital, his legs were swelled; I got him in, he was so outragious there, that the people could hardly tell what to do with him; after he was cured he went down into the country, and then came up again to our house, and seemed tolerable well, and we settled with him; this is about three weeks ago; he went away as we thought to Hertfordshire, we gave him a written order to a woman there to let him have a Guinea if he wanted it. I have often met him in the streets dressed in the same manner he is now*, telling people he could cure all deceases, if they believed in Abraham, Issac, and Jacob, by only licking them: on the Tuesday or Thursday before he was taken up, I saw him in Morefields with a great crowd about him; he said to the people, What do you trouble me for, I am going home? he went towards Bethlem Hospital, and the people followed him, they admitted him in from the people at the gate, knowing him very well; there I found he was known by many of the disordered people walking about, as well as by the servants belonging to Bethlem; of my own knowledge, I do not know that ever he was confined there; but I went yesterday to the steward, who let me take extracts from the book, and I find he has been confined there three or four times. He produced a paper. This is a true copy of what I found in the book, I went and examined it with the book afterwards, and here is the steward's name to it, testifying it to be a true extract; he went in there in the year 40, and continued there till the year 43; he is certainly out of his senses, and here are others that can prove the same.

* His coat was buttoned behind, and rags tied about his legs.

For Deering.

Thomas Osman . I have known Deering upwards of a year. I keep an alehouse, I have trusted him to draw beer and take money for me by night and by day, he never wronged me to my knowledge; I look upon him to be a very honest man.

Ann Osman . I am wife to the last witness. I have trusted Deering with 10 guineas at a time, and to draw beer for me by night and by day, and with the house when I have gone out; he never wronged me of any thing that ever I knew of.

Both Acquitted .

308, 309. (M.) James Piddington was indicted for stealing a gelding, value 8 l. the property of Thomas Hill , Esq ; and William Piddington for being an accessary to the felony committed, in feloniously receiving, harbouring, comforting, and maintaining the said James, the felony to commit and do . September 28 .*

Thomas Hill, Esq; I know nothing of the prisoners. I lost a gelding out of a meadow on the 27th of September last; on the Sunday after, I had a messenger from London which described the horse to me, by which I knew him to be the horse I had lost. I sent my servant to Mr. Green's at Bethnal-Green, who knew him to be my horse, and he was delivered by Mr. Green, and is now in my custody.

William Green. On the 28th of September James Piddington rode up to my door at Bethnal-Green, I knew him before, he had lived servant on the Green, within a hundred yards of me, about two years ago; he knowing I dealt in horses, he brought this horse to me to buy: said he, I am going to the fair; What fair, said I? - To Smithfield, to sell him; said I, I'll buy him of you, and give you as much as any body. How long have you had him? said he, Six months. I said, What will you have for him ? he said, What is he worth. I said, I must not be buyer and seller too. He asked ten pounds for him. I said that was too much. Then he said, Six pounds ten shillings. I bid him four Guineas. He said, I must give four pounds ten shillings. He got off and put him in my stable, and came in and drank a dish of tea. I agreed to give him the money. I mistrusted he was not honestly come by. I gave him half a crown earnest; and said, If he appears to be your own property, I'll give you the rest of the money. Have you any body to vouch for you? he said, There is a man at the Weavers-Arms that will vouch him. I went with him there, there was the other prisoner, his brother, but he then went by another name; that man said it is James Piddington 's horse. I said, If I find it so, I would give him the rest of the money. I asked him where he lived now, he said, At the Red Lion at Ganford. I said to a young man, Do you go there, and see if that is true: when he found I was for knowing more particularly, he said, Either give me the horse or the money. Then I said, He should not go. I charged an officer with him, and then asked him to tell the truth; then he said, Indeed Mr. Green, I did steal him out of Aylsbury Fields. Then I sent a letter to the Church-warden at Aylsbury, and by that means Mr Hill heard of him. Then I sent a young man on the Saturday, and Mr Hill sent his servant up, who knew the horse to be his master's property.

James's Defence.

I never offered the horse to sale to him, my brother was not by at the time.

William's Defence.

I never vouched the horse, I know nothing of it.

For James.

Mr. Newton. I am a Goldsmith. James Piddington lived servant with me about three or four months, he then behaved very honest and faithful.

Q. Did you employ him in your shop.

Newton. No. I did not.

Robert Hedges . I have known James seven or eight years; I never heard any thing amiss of him in my life; he bears the character of an honest man.

Mr. Cooper. I have known James pretty near three years: I always looked upon him to be an honest inoffensive fellow.

Both Guilty Death .

310. (M.) John Wright was indicted for stealing one feather-bed, value 3 l. one bolster, value 5 s. three blankets, value 10 s. one linnen quilt, value 5 s. one copper pottage-pot, value 5 s. one copper stew-pan, value 3 s. a brass fire-shovel, one pair of brass-tongs, value 1 s. one iron poker, value 1 s. the goods of Sarah Chiselden , spinster . It was laid over again, to be stolen in the house of John Brown , September 29 .

Sarah Chiselden . I have a house at Enfield . Mr John Brown rents one part of it, and the other part is empty. I lost out of it a feather-bed, a bolster, three blankets, a quilt, a brass fire-shovel and tongs, a poker, a pottage pot, and a stew-pan.

Q. When had you seen them last?

Chiselden. I saw them there in this month of October. I know nothing who took them away.

Thomas Lawrence . I am a servant to Mr Sabbatin; the prisoner came and pretended to take a house of my master for his mistress in September last, about the 20th: he went to look at Mrs Chiselden's house, and I went with him, he looked all over the house.

Q. Was there any furniture in the house then?

Lawrence. There were a bedstead, bed, blankets, a quilt, pottage pot, stew-pan, and all the other things mentioned in the indictment. He said, that house would do very well for his mistress. At going away I fastened all the windows, but the lower window, he pretended to have fastened that, and told me he had, but he left it without fastening. I went back again to see if it was fast and found it open: I fastened it. We missed the things mentioned in the indictment on the Saturday following.

Mary Sabbatin . On Michaelmas day I went to the garden belonging to Mrs Chiselden's house, to gather a few grapes. I tried the shutter to the window and found it was not fast, it fell back, then I found the sash up, and the glass broke near the fastening. I saw footsteps about. I went into the house, and up stairs, in the first room I found nothing missing, in the second I missed the bed and bedding, then I went and sent our boy, the last witness, to see what was missing, and to fasten up the house. The next day Mrs Kirby, at whose house the prisoner's mistress lodged, told me there was great reason to suspect the prisoner in taking the things.

Mrs Kirby. On Michaelmas day, a lady that lodges at my house, went to London in a coach to take her money, that is paid to her quarterly; my daughter went with her, the prisoner was her servant, he put up some bed and bedding behind the coach. When my daughter came home she told me she believed I had lost a bed. I went up stairs to see. I found two pillows none of my own. I asked the gentlewoman about it. Her maid said, she believed she had seen it before at a house she had been to see. Then we thought it belonged to the prosecutrix. I went directly and told this to Mrs Sabbatin, and so it came out. The goods produced in court. After this there were a stew-pan, pottage-pot, tongs, shovel, and poker, found in and left at my house.

Prosecutrix. These two pillows I believe to be mine, I had just such. The bedding is marked, I know them to be mine.

Peter Colley . On the twenty-ninth of September in the morning, the prisoner brought a bed and blankets to my house; he flung the bundle down at the bench at my door, and wanted a shilling's-worth of punch. I said, what will you do with a shilling's-worth of punch in a morning. He said, he was a-dry, and was going to Ponders-End with these things to have them carried down to Hertford, and had some more things to fetch from Enfield, and desired I would let them be put in my bar.

Q. Where is your house?

Colley. I keep the Cock at Hounds-field, betwixt Edmonton and Ponders-End; he went away and did not pay me, but said, he would pay me when he came back. The bundle has been in my custody ever since, till produced here.

Benjamin Sabbatin . The prosecutrix desired me to have the care of her house at Enfield. If any body inquired for such a house to come to me. On the twenty-ninth of September my wife went to Mrs Cheselden's house, and returned and said, it had been broke open, and she believed the bed and bedding were missing. I sent my servant to see what had been done, and to make the house fast. He returned and said, he missed several things, as bed, bedding, and other things. I ordered him to get the carpenter and fasten the window up again, and went down with him. I found the glass in the sash next to the screw was broke: it appeared very plain, that the house had been broke open.

Q. Did any body lie in that house?

Sabbatin. Part of the house was inhabited by Mr Brown, but this part of the house no body lived in. I hearing some of the things were at Mr Colley's I went there: he opened the bundle and found in it a brass fire-shovel and tongs. I bid him tie it up again, and not to part with the bundle to any body. He has had it ever since, and brought it to town with him.

Nathaniel Furbusher . I am a Coachman. I was hired to bring the prisoner's mistress from Enfield to town, I was with her by five o'clock in the morning. The prisoner came to me and asked me, if I could put his bed in the boot of the coach. Upon seeing the bundle, I said, I could not put it in, it must be tied behind. He said, it was his mistress's bed, but there was a young woman in the coach that he did not care should see it; but said, if it must be tied behind it must. We had got it tied behind before his mistress came. He desired me to carry it to the Falcon at Edmunton, and put it down there in the path way. I put it down at the Falcon gate, and saw no more of him 'till night; and when I went home he was at the house where his mistress lodged; then I had a suspicion that something was not right. Margaret Barker had said to me (when I was in London, at the house where the gentlewoman was to receive her order for her receiving her money at the Bank) she did not know what to make of the prisoner. I said, do you know whose bed that was he brought. She said, she did not know any thing of it, but was afraid he had robbed her mother; upon this she gave notice to her mother when she came home, and so it came out.

Margaret Barker . I came up in the coach from Enfield to London with the lady, and saw the prisoner meet the coachman at Edmonton, at the Falcon, for the parcel; and the lady, his mistress, told me there was a bed fastened to the coach behind, when I went into the coach; and after this, by searching about, I found a stew-pan, a pottage-pot, fire-shovel and tongs in my mother's hay-loft.

Q. Do you know how they came there?

Barker. No. I do not. Except the prisoner put them there; he lived with his mistress at my mother's.

Isabella Smith. I liv'd servant to Mrs Croucher. My mistress went to town to receive her quarterly money, on the twenty-ninth of September; the prisoner lived servant with her at that time; Mrs Barker came and told me, that the coachman said the prisoner had put a bed behind the coach, and she believed it was her mother's bed; when I came home, I happened to go into my mistress's bed-chamber, there I saw two pillows; and I had been with the prisoner to see the house which was afterwards robb'd; and I came and told my mistress I thought it would do very well.

Q. What time was it you went with the prisoner to see the house?

Smith. It was about a fortnight before Michaelmas day; my mistress bid me to give her compliments to the lady, and tell her she would wait upon her next week; the prisoner ordered me to stay at the house, and he went and fetch'd the footman; he shew'd me the house; I bid the footman give mistress's compliments to the lady, and tell her she would wait upon her next week; and I came home and told my mistress what I had said; I never heard any more of it; after seeing these pillows in my mistress's room, then I told the people I thought I had seen them pillows at that house which I went to look at.

Q. Is your mistress and his mistress the same person?

Smith. Yes: she is.

Q. Do you live with her now?

Smith. I do.

Q. Did you see any thing behind the coach that day?

Smith. No: my mistress told me there was luggage behind the coach, but I did not see it.

Q. to Mrs Sabbatin. What are the goods here produced worth?

Sabbatin. They are worth five or six pounds at least.

Prisoner's defence.

The lady that I lived with knew how I came by them; and therefore she ought to be brought to justice as well as I.

Q. to Smith. Where is your mistress; is she here?

Smith. She is ill, and could not come.

Q. What is your mistress?

Smith. I have known the lady about fourteen months, I never knew her any way given to do things ill.

Prisoner. She has lived with her about six months now, and she lived with her six months before; she bid me fetch the bed, and said she would take it in; but I have nobody to speak for me; I am a stranger in the world.

Court to Sabbatin. The mistress ought to be taken up.

Guilty 39 s.

[Transportation.]

311. (M.) Sarah Gilbert , spinster , was indicted for sacrilegiously stealing two silk damask curtains, containing six yards, value 4 l. the property of , September 20 . +

Edward Robert Stephenson . I am Sexton of the parish of St Martin in the Fields; I was in waiting in the month of September, and on the sixteenth after Evening prayer, at five o'clock, I missed two silk damask curtains from the churchwardens and overseers pews, they had been left safe in the church over-night; on the twenty-second, being the Saturday following, after Evening Prayer, which begins a quarter after three o'clock, I search'd the church over; and, on the top of the gallery-stairs, I found the prisoner lying at full length; I sent for the keeper of the Round-house, in order take her into custody; I went also to the Justice, to enquire what I must do with her; and in the mean time she was searched in the Round-house. The other witness will give an account of what they found upon her.

Joseph Cooper . On the twenty-second of September, by order of Mr Churchwarden, I was sent to the church to put up an organ curtain to the churchwardens pew, that they should not look naked where the others were stolen from; there Mr Stephenson made a fort of an out-cry on the top of the stairs; I went up, and there I saw the prisoner lying at full length with a little light bundle under her head; she said, she was very sick; I went down stairs again; then came the Round-house-keeper, in order to take her away. I was before Justice Kynaston, where she was examined; there were some binding, and a little slip of damask found upon her; the Justice ask'd her how she came by them; she said she found them in Monmouth-street, at the upper-end, over-against Mr Loader's.

William Davis . I searched the prisoner in the watch-house; in her pocket I found a Prayer-Book and a piece of damask that tallies exactly with one of the curtains, which had been cut off; I ask'd her where she had them; she gave me no account; I took her before the Justice; but was sent for upon other business, so did not hear her examination.

George Caddey . I was the Constable in this affair; I was sent for to St Martin's Vestry, on the twenty-third of September, in the morning; the prisoner was committed to the Gatehouse; I went with her; on the Monday about noon the Justice sent for me, and desired I would take them slips of damask and go with him; we went to the back side of St Clement's church, to one Cameron, we there found the curtains.

Q. What is Cameron?

Caddey. He is a Piecebroker. The curtains produced; one had a slip about two or three inches wide cut off it; the slip found upon the prisoner was put to it; then it made the two curtains of a length; and the slip tallied as to the flowers, length, and in every respect put it beyond all doubt but that it was cut off the curtain.

Q. to Stephenson. Can you say these are the curtains that belong to your church?

Stephenson. I believe they are same.

Prisoner's defence.

I never touch'd the curtains; I never wrong'd any body of a farthing in my life; I found them pieces in Monmouth-street; I came from Cobham, and had not been in London above a fortnight; I am subject to fits, and I was afraid one of my fits was coming, made me go up stairs in the church.

Acquitted .

312. (M.) Mary Glover , spinster , was indicted for stealing 6 pewter dishes, value 8 s. 31 pewter plates, value 12 s. and one pair of bellows, value 12 d. the property of John Biddle , October 18 . +

John Biddle . I live in Ratcliff Highway , and am a Broker ; last Thursday in the afternoon, between 3 and 4 o'clock, we had at my door 31 pewter plates, 6 pewter dishes, and a pair of bellows. While my boy and I were in the yard backwards, a neighbour came in and ask'd me, if I had sold a parcel of pewter? and said, a woman was just gone from the door with some. I looked and found they were taken away. I and my boy ran and stopp'd the woman at the bar with them, about a dozen or 14 doors from my shop; produc'd in court and deposed to.

Mary Pittman . My husband keeps a broker's shop near the prosecutor; I saw the prisoner go away from his door with this pewter; I gave him notice of it, and he ran and stopp'd her with it upon her in the street.

James Paul . I was with my master in the yard when the pewter was taken away; we were informed of it, and ran out and took the prisoner with it upon her.

Q. to the prosecutor. What do you value the things at?

Prosecutor. I value them at 20 s.

Prisoner's Defence.

My husband is gone from me, and I was in great distress.

Guilty .

[Transportation.]

313. (M.) Dorothy, wife of Thomas Lloyd , was indicted for stealing one 3 l. 12 s. piece of gold , the money of William Haddon , September 21 . +

Margaret Jones . I keep the Barley-Mow in Chick-Lane ; on the twentieth of last month, between eight and nine at night, the prosecutor, prisoner, and another woman, came into my house and had a pint of beer; the prisoner snatch'd something, I can't tell what it was, out of the prosecutor's hand, and said, she would have a pennyworth of oysters, and went out at the door. When she came in the prosecutor ask'd her for his money; then the woman that was with them call'd me, and said, the prisoner had taken a piece of gold out of Haddon's hand.

Q. What is that other woman's name?

Marg. Jones. Her name is Mary Pearce .

Q. What were her words?

Jones. She said Dolly had taken a piece of gold out of this man's hand, and would not give it him again. Then said I, Poh, Poh, she is only playing the rogue, I dare say she will give it him: come, Dolly, give the man his money. She said she would not give it him 'till such time he had given her a shilling.

Q. What did she pretend that shilling was for? did he owe her a shilling?

Jones. She said it was for oysters and beer some time ago.

Q. Did you know them both before?

Jones. I had seen the woman before, but did not know the man; I knew both the women.

Q. How long have you known the prisoner?

Jones. I have known her about eleven years, ever since I have been in that neighbourhood, but were no ways acquainted.

Q. What is her business?

Jones. She sold fruit and oysters, and things of that sort about the street. The man said, he never owed her a farthing in his life. After some-time we perswaded him to give her a shilling. She was going to take it. Stop, said he, perhaps you will take the shilling as you did the gold; then he gave the shilling into my hand to hold 'till he had his piece of money. Then she said, he should not have the money at all; and I had no business with it. I endeavoured to perswade her very much to let him have it; but she said, it was no business of mine. I told her, it was my business, because it was done in my house. She bid me to mind my house, and not busy myself with that. Then I told her, that she must abide by the consequence of it. Then he went for a constable and she was taken up.

William Haddon . I live with Messieurs Edmund and Joseph Woods , Distillers in Warwick-Lane; I am a yearly servant, a porter. I have known the prisoner upwards of three years; I have seen her selling fruit and oysters about with a barrow. On the twentieth of September I met with her in Chick-Lane, she was standing in the street with another woman, named Mary Pearce . One of them call'd Will, will you give us a pint of beer, I answer'd I would. We went in at Mrs Jones's, which was not above twenty yards from where they were standing. I never stopp'd in the street with them a moment; nor was I with them in any other house. I call'd for a pint of beer and we drank once a-piece. I pull'd out some half-pence to pay, and by chance pull'd out a 3 l. 12 s. piece. The prisoner snatch'd it out of my hand, and said she would look at it. She said she had not seen such a piece of money a good while. I did not pretend to catch hold of it at that time, thinking her honest. She went out at the door; I expected she would return and bring it me. She came in again; I asked her for it; she denied having it, and said she knew nothing of it. I thought she was joking, asked for it again, and said, Do not play about with the money and lose it; it was a great deal of money to me. At last she began to swear that she knew nothing of it, and did not know who had got it; she got up, I catch'd hold of her, and stopp'd her from going out. The people of the house wanted me to search her. She swore vengeance bitterly against any person that should offer to touch a rag of her cloaths; and said, she had a sore breast, and let any body put their hand in her bosom if they dare. I did not search her, but got a constable: when he came he said he had no business to search her, but took her in charge. She was carried that night to Clerkenwell-Bridewell, and from thence to Justice Welch. I heard her examined. She denied having it. The Justice ask'd her, how she came to offer to produce it, in case I would give her a shilling? but I do not remember her answer. I never saw my money since.

Q. Had you any other dealings with her?

Haddon. I never had any other dealings with her in my life.

Mary Pearce . I saw the prisoner take a piece of money out the prosecutor's hand, but I can not say what piece. She went out twice at the door after that; and she said, if he would give her a shilling she would give him the piece of money again.

Prisoner's Defence.

All I have to say is this, I was coming down Chick-Lane, Mary Pearce and he were talking together: she said she was going to Mrs Jones's to have a pint of beer together; she ask'd me to go and have some with her; I went and sat down by the side of her, and the man on the other side; presently a woman came in with oysters, I said I could like a pennyworth, he pull'd out a piece of money, and said, how could you like such a piece as this to go to market with? I said, Do you think I never was mistress of a crown in my life? I went out to buy a pennyworth of oysters, the woman opened me five; I ask'd her to change me that piece of money, she offered to throw it in the kennel; then she took it up again, and a man took it out of my hand and look'd at it. I brought in the oysters, and gave him his money again, and said, Here, they will not give me change for it. Mary Pearce was there; I said I could like to have them with some vinegar. I said, William, you owe me a shilling, some I lent you, and some I trusted you. Mary Pearce went out at the door, and when he could not find the money I was taken to Clerkenwell, and before Justice Welch, and there stripp'd, and if any body had the money, that woman (pointing to Mary Pearce ) must have it. God Almighty bless every body, I am but one.

For the Prisoner.

Mary Dennison . The prisoner came out of Mrs Jones's house to me for a half pennyworth of oysters, I opened her three, she gave me this piece of money to change; I gave it my husband to look at, and he said it was a three pound twelve shilling piece, but it wanted something of weight, and he gave it her again; and I saw her put it into her bosom, and she went back into the house.

Daniel Dennison . I am husband to the last witness; I took a three pound twelve shilling piece out of my wife's hand, and said it wanted something of weight. The prisoner came out first for a half-pennyworth of oysters, and then had three, I gave her the money again. She came out a second time for a half-pennyworth more; then she pulled that piece out of her bosom, and said, Daniel, Here is the piece again; that was all she said; she had two oysters for that half-penny: now said she, I have had five for my penny: I saw her put the piece of money into her bosom a second time, and she went in again.

Mary Woolington . I have known the prisoner six or seven years; I never knew her to wrong man, woman, or child, in my life. I have shared fish with her this six years. I have lent her many a crown, and she always paid me honestly; and, I believe in my heart she is a very honest woman.

Isabella Mason. I live in George-yard Field-lane, and sell fish; I have known the prisoner upwards of three years; I never knew that she ever wronged me, or any body else; she lived on Saffron-hill.

Elizabeth Barley . I live in Black-friers; but I did live in Field-lane; and have known the prisoner nine years; I never knew her to wrong any body in my life; I have shared fish with her at the Gate.

Q. What do you mean by sharing of fish?

Barley. That is, putting our money together to buy fish. I always took her to be an industrious body.

Sarah Neither. I sell fruit in the New-Market; I have known her fifteen or sixteen years; I have sold her many bushels of fruit; I never knew her to wrong any body in my life; she always paid me justly.

Elizabeth Harris . I have known the prisoner about six years; she is as honest a person as ever was in the world.

Ann Bigshine . I have known her about seven years; I deal in fruit; I never knew her to wrong man, woman, or child, but to labour daily and hourly, as other poor women do.

Guilty .

[Transportation.]

314. (L.) Catharine Cain widow , was indicted for stealing one bushel of golden-pippin apples, value 10 s. and one wicker basket, value 1 s. the property of Morton Spire , October 15 . ++

Morton Spire . I live in Sea-coal-lane; my wife is a Saleswoman in the Fleet-market , she sells goods by commission, divers sorts of fruit: the prisoner was taken into custody for taking a basket with a bushel of golden-pippins from her shop-door. I was sent for, and we took her before Mr Alderman Alexander, there she confessed the fact; and likewise she owned to me, as I was going with her to Bridewell, that she did take them away.

Mrs Spire. Last Monday was se'nnight, I lost a bushel of golden-pippins from where I sell fruit in the Fleet-market. I told Mrs Chambers of it, and she ran out of her own stall, and by enquiring, who had been seen with such fruit, she found the prisoner: The basket produced in court and deposed to.

Mrs. Chambers. On the fifteenth of this month, I was in my shop near Mrs Spire's, she got up, and said she had lost a bushel of golden-pippins, which cost her ten shillings. I ran to the top of the market, and by enquiring, found a woman had gone up Black-horse-alley, into Fleet-street, in which is the sign of the Plough; I found a woman had been in there, and was gone out again, but had left the basket there empty. I went out, and at the end of the market, I was shewed to the prisoner, and told she had a bushel of pippins; I took hold of her, and charged her with taking them: she down upon her knees, and said, She had out-lived all her acquaintance, and wanted to be either hanged or transported, or else she would cut her own throat. I found she lived in Bare-lane Clare-market. I went there, and found the bushel of golden-pippins in a narrow sieve.

Elizabeth Abbot . On the fifteenth of this instant; I saw the prisoner bring in this basket with apples in it, at the Plough in Black-horse-alley, where I live; she went through the tap-room, and set them down in the kitchen, and went out and brought in a woman with another basket, and put the apples out into the other basket, and left this basket here produced, at our house, and helped them on the woman's head, and away they went.

Susannah Evans . I live at the Plough Black-horse-alley, Fleet-street; the prisoner came into our kitchen, and desired she might leave some apples there, 'till she brought a woman to fetch them away; she went out and came in again with a woman, and emptied the basket into another, and left this behind, and the other woman carried the apples away, and she went out with her.

Prisoner's defence.

On Monday was a week, was the day that this happened, I walk'd about the market to see what I could get best for my purpose; I saw nothing but rubbish; I came up to this Spire's shed, there was a man ask'd her the price of her golden pippins; she said, twelve shillings; he said he would give her ten shillings; said she, I gave ten myself; I said, I think he is a good customer; after he went away, I ask'd her the price of a bushel; she said, she would not bate me any thing of eleven shillings; I said, I do not think I can make eleven shillings of them; then there came a man, and bought a bushel; he gave her some half-pence; she said, curse the half-pence; I said, if you will take my money I'll give you all silver; I said, I had no basket; said she, I'll not let my basket go upon any account; I paid her eleven shillings all in silver, and said I would return again with the basket, as soon as I can meet with a basket-woman; if I go into eternity I will not tell a lie for it; when I was gone, she said, stop the woman with the basket; Pox on you, said I, do not you get a shilling, and I will soon return the basket; I went and set them up at the Plough, and then went to look for a basket-woman to carry them, and left the basket with intent to return it; I went down into the market again, and one of her companions in the way of higgling took hold on me, and Mrs Spire's came; do not you know that I gave you eleven shillings for them, said I, at the time that the man paid you some half-pence; said she, I do not know whether you did or not. If right takes place I ought to swear a robbery against them, for having my goods torn back again after I had paid for them; no, no, here is a Judge here and another in Heaven; they made such a halloo-belloo nothing could be like it; I was obliged to give up my own basket and my own apples; my sieve and my apron; and I had nothing in my pocket but two-pence half-penny.

Q. to Mrs Spire. Did the prisoner cheapen the apples.

Spire. No: I never saw her in my life to my knowledge, 'till Mrs Chambers found her; nobody had ever cheapened that fruit.

Guilty .

[Transportation.]

315. (L.) Thomas Waite was indicted for stealing one quart silver mug, value 39 s. the property of John Hills , September 19 . ++

John Hills. I keep a Publick-house and Eating-house ; the prisoner came into my house on the eighteenth of September last, in the evening, and lay there; he got up the next morning about eight o'clock and dressed himself by the fire-side, and came to me at the bar, and desired me to serve him with a two penny glass of brandy, and told me to keep the same bed for him in the evening.

Q. Did you know him before?

Hills. I do not know that ever I saw him before; he said, he should be in at about two in the afternoon, and then he would let me know whether he should lie there or not; then he went out; accordingly, he came between one and two, and dined with me; I seeing him, said, Are not you the gentleman that should lie at my house to night? he said, yes, I left him, and turn'd about towards the kitchen; he went up stairs, and I saw no more of him 'till he came down; there were four gentlemen up stairs, two in each company: one of the companies came down and paid for what they had had; presently after, came the other two gentlemen; just after they were gone out, the prisoner came down stairs in a sort of a hurry; I immediately had a jealousy that he had taken one of the silver mugs the gentlemen had been drinking out of, he going out at the door in such a hurry; I said to the waiter, Thomas, that man has got one of my tankards, I am sure, go up stairs and see; I stepp'd out at the door and saw the prisoner turn towards the Tower; I observed he guarded his right-hand pocket as he turn'd the corner least it should hit against the corner, as if he had a bottle in it, there seemed something in it; Thomas came down, and said there was one of the mugs missing; I ran, and my man after me; I got beyond the prisoner; my man call'd and said, The man that dined above stairs is behind you; I turn'd about and took him by the collar; and said, Come, my friend, you must go back again along with me; he said, For what? I said, You have got one of my tankards; No, I have not, said he; I lifted up his pocket lid, and there I saw my mug; he would have pull'd it out in the street; I said, no, you shall go back to my house; when he was in my house he pull'd it out of his pocket, and set it on the table before many witnesses. I sent for a constable, and took him before Sir Thomas Chitty , and he sent him to New-gate. The mug produced in Court and deposed to.

Q. What did he say for himself before the Alderman.

Hills. He said the maid-servant put it in his pocket; since that, he said, in Newgate, that she had no hand in it; and that all that he said before the Alderman was false.

Thomas Smith . On the nineteenth of September the prisoner din'd at my master's (the prosecutor's ) house; after he was gone out of the house, my master said he had got one of the silver mugs, and bid me go up and see; and I went up, and came down, and said, one was gone; my master went after him, and I followed; I saw my master running by him; I call'd out, Sir, the gentleman that din'd at our house is behind you; my master turn'd about and collar'd him; and I saw the silver mug shine in his pocket, any body might see it; he was brought back to the Darkhouse; I ran and got a constable, and we took him before the Alderman at Guildhall, and there he was committed to Newgate.

William Carter . I am a Fellowship-porter; I was in Thames-street; I saw the prosecutor and his servant running; I heard the servant say, Sir, here is the gentleman that din'd at our house; he turn'd about, and laid hold of the prisoner's collar; I saw the mug in the prisoner's pocket as he walk'd along; the prosecutor desired me to assist him; I laid hold of the skirt of the prisoner's coat and we took him to Mr Hills's house.

Prisoner's Defence.

I had been come from sea about three days; I exchanged my note that very day I went to lie at his house; the next morning I got up about eight o'clock, and was thinking to go to Deptford, but I thought it better to go the next morning; when I was going to go away I missed some of my money; said I, I'll go and borrow half a guinea; and returned and said I should lie there that night; I dined there and was a little in liquor and very drowsy; I do not know which way I came by the tankard in my pocket.

For the Prisoner.

Thomas Waite . I knew the prisoner before he went to sea. I am a Taylor; I have made him a great many cloaths; he call'd upon me the same day this accident happened; I have trusted him in my house, where is more value than this mug.

Robert Winter . I have known him ever since he was a child; he was brought up a Butcher at York; he had misfortunes, and failed in his trade and came up to London, and has been in the East-Indies; I never saw him since he went out, 'till in Newgate.

Prosecutor. This evidence came to my house to mitigate the thing with me; I told him the law should take it's course; he told me, in few words, I should not hang him, for his father was Butcher to the Archbishop of York; and I might do my worst, and seemed to dare me.

Guilty .

[Transportation.]

316. (L.) Elizabeth Pomfrey , spinster , was indicted for stealing one pier-glass, three window curtains, one quilt, two bed curtains, one head cloth, one tester cloth, one vallance, one pillowbier, one man's trimm'd coat, four shirts mark'd J. H. one shirt mark'd W. H. one linnen towel, one pair of laced ruffles, one pair of work'd ruffles, one pair of black stockings, one pair of man's shoes, one stone stock-buckle, one silver knee-buckle, one man's blue coat, one pair of man's blue breeches with gold trimming, one neckcloth, one pair of man's channel pumps , the property of William Hay , Esq ; August 27 . ++

John Clayton , senior. William Hay , Esq; went out of town, and left the key of his chambers along with me.

Q. What are you?

Clayton. I am the porter that waits of him; when he went out of town the things mentioned were in the chambers; the prisoner had a key of the chambers.

Q. What is the prisoner?

Clayton. She was his laundress . She behaved herself well; but what company she has sell into lately, I cannot tell. The goods are all missing now. My son can give a farther account.

John Clayton , junior. The prisoner own'd in my hearing that she took the goods, mentioned in the indictment, out of the chambers.

Q. Did she say how she had disposed of them?

Clayton, jun. At first, when I missed the things, I ask'd her what was become of them? she said, she knew nothing of them; but when we carried her before the sitting Alderman, she own'd to the taking some of them, and the rest since she has been in the Compter; and that she had pawn'd th em to a Pawnbroker in Fleet-street; there we found the shirts mark'd with my master's name.

Thomas Bent . I am a Broker; I bought a bed, curtains, a pier glass, a bolster, a tick, a vallance to a half tester, and a quilt, of the prisoner at the bar; a porter brought them.

Q. Where do you live?

Bent. I live at the lower end of Fleet-Lane; I suspected her, and followed her 'till I found out who she was; then I went to Mr Clayton, and gave him notice of her. I was before the sitting Alderman, and heard her own she took these goods out of Mr Hay's chambers.

Thomas Packer . I am a Pawnbroker; I took in several things mentioned in the indictment, of the prisoner at the bar; a black coat, two pair of shoes, four or five shirts, a buckle, a pair of ruffles, a pair of stockings.

John Ealing . I am a Pawnbroker; I took in two blankets, a black coat, a grey coat, a waistcoat, a white coat, two pair of silk stockings, two shirts, a pair of ruffles, and two handkerchiefs, of the prisoner at the bar.

Q. Whose did she say they were?

Ealing. She said they were a gentleman's that lived in the Temple, to whom she was laundress; she brought them, and took some out at divers of times.

William Larden . I am the Constable. He produc'd three pair of shoes, two buckles, five shirts, all mark'd. These the prisoner own'd she took from the chambers.

Clayton, jun. I believe these to be Mr Hay's property.

Q. Where is Mr Hay?

Clayton. He is not in town.

Prisoner's Defence.

I know nothing of the things.

For the Prisoner.

Susannah Whitney . I have known the prisoner five years.

Q. What is her general character ?

Whitney. Always very honest before this.

Sarah Tomkins . I have known her three years.

Q. What has been her behaviour?

Tomkins. I never heard any ill of her 'till now.

Guilty .

[Transportation.]

317. (L.) Thomas Usher , otherwise Clark , was indicted for falsely forging an acceptance to a bill of exchange, with the name Anthony Merry thereunto, for the payment of 250 l. and for publishing the same, knowing it to be forged, with intent to defraud Sir Charles Asgill and Co. May 30. 1758 . +

William Nightingale . I am brother to Mr Nightingale the Banker, and live with him.

Q. Look at this bill; tell whether you remember that bill being brought to you for payment?

Nightingale. It was brought on the 9th of May, 1758; as appears by our books.

Q. Do you know who brought it?

Nightingale. No, I do not; it was brought for payment, and it was paid.

Q. Do you know Mr Merry's hand-writing ?

Nightingale. I do.

Q. Have you seen him write?

Nightingale. I have.

Constantine Keen . I carried a bill to Sir Charles Asgill's for payment.

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

Keen. This is it; here is my assignment for receiving the money.

Q. What did you receive at Sir Charles Asgill 's, money or notes ?

Keen. I received Bank notes there; then I went to the Bank and there received the money.

Q. What sum was the bill for?

Keen. It was for 250 l.

Q. Do you remember of whom you received it?

Keen. I'll tell you from the first beginning of it; I liv'd as porter to Mess. More and Smith, Stock-brokers in Pope's-head Alley; there came a gentleman-like man; my master was gone out, so was the clerk; he said, is Mr More or Mr Smith in the way?

Q. Do you know that gentleman?

Keen. I saw him since before Mr Fielding.

Q. Look about you; see if you see him.

Keen. That gentleman at the bar is the height of the man; to the best of my knowledge he was something fuller in the body: I believe him to be the man, but will not positively swear to him it is so long ago. When he came into the office there were nobody there but myself. When he asked for my masters, I said they were gone to dinner, and they will not be here 'till to-morrow between ten, and half an hour after two; he said, Because I want to lay out 2 or 300 l. in stock with them. He went out at the door, and came in again, and said, Sir, I have a favour to beg of you, and put his hand into his pocket and pull'd out this bill, I should have gone myself, but am to meet a gentleman at the Victualling Office, but shall be too late, do you go to Sir Charles Asgill's, and there, I imagine, you will have notes for this bill, producing it, and then go to the Bank and get cash for them. I said, Pray, what is your name? he said, William Thomas ; because I said, I must say who I receive the money for, and sign it. Accordingly I was going; Stop, said he, he put his hand in his pocket and pull'd out a money-bag, and said, take this, and when you have got the money carry the bag before you in both your hands. I said, when I have got the money I'll take care of it (I receive a great deal of money, I know how to take care of it ). Said he, I shall take it as a favour if you will carry it so before you. He order'd me to come to him with it at Browne's Coffee-House in Fenchurch-Street, and if I was there before him I was to wait for him; and if he was there first he would wait for me. I went to Sir Charles Asgill 's, and got notes for the bill; then I went to the Bank, then to Browne's Coffee-House. I looked about and he was not there; I said to the gentlewoman of the house, I have got some money for a gentleman, and if I got here before him I was to wait. She said, sit down; in about half an hour he came in; I went to the end of the table and throw'd the money down before him; he fell to scraping it over: I have seen thousands of pounds told over, but I never saw money told so fast in my life. I went and sat down just opposite to him, and looked at him, to see how he told it. When he had told it twice over he put it in the bag, and paid me, and I came away about my business. About three weeks after, a gentleman at the Coffee-House was reading the News-paper over; he took the daily-paper in his hand and show'd me the advertisement, and said, Do you know any thing of this advertisement? I said I receiv'd the money; then I went to Sir Charles Asgill 's and described the man that sent me.

Q. How soon after was this?

Keen. That was about the distance of three weeks.

Q. Who did you see there?

Keen. I saw Mr Nightingale and others.

Q. At that time had you the remembrance of the man's person, so as to be able to give a description of him?

Keen. At that time I had, and did: and when I came to Mr Fielding, which was since, I said, the prisoner resembled the man, but he has sell off his flesh. When I waited upon Mr Merry he asked me, whether the person had a fear on his forehead. His hat was not off when he was with me, so I could see no scar.

Q. Do you remember this man being in custody, and afterwards being before Mr Fielding?

Keen. I do: Mr Nightingale told me the man is taken, and you must be at Mr Fielding's to morrow about nine o'clock. When he came there to the bar, I was sitting in a chair, and took a full view at his face. The first question that was asked him was, pray what is your name. My name is John Clark , said he. The next was, Where do you come from. - I come from Bristol. - How long have you been in London - I have been in London seven weeks. - Was you never in London before. - No.

Q. Who was there at the time?

Keen. Mr Merry was, and his clerk. When Mr Fielding thought I had had a full sight of him he called me in.

Q. Was Mr Merry mentioned?

Keen No, he was not at all: nor did I hear him say a word.

Q. Was Mr Nightingale there?

Keen. He was. Mr Fielding called me in, and I was sworn. He asked me what I thought of the man. I said, he was fuller in the body, and fatter than at that time, and his dress was altered. I desired to see him with his hat on as it was on when I saw him before, and stopping. He put it on. I do think it is the same person, but I do not swear that.

Cross Examination.

Q. Mention any one particular description, by which the persons to whom you then spoke, might suppose him to be the man?

Keen. He answers to the best of my knowledge.

Q. What was the description you gave of him?

Keen. I told them when I first described him, that he was of a brownish complexion, roundish face, and his nose had a little poine turned up.

Q. Have not you met with a thousand people that answer that description that you have given: did you percieve any thing remarkable in him?

Keen. In the first place, what made me take notice of him was, because of his talking of laying out two or three hundred pounds with my master in stocks. I then looked him fuller in the face.

Q. Is there any thing so remarkable in his face, that by this description he may be known from another person.

Keen. I did not percieve any thing remarkable in his face.

Council for the Crown. Did you give a better description of him then, than you do now?

Keen. When I came to the bankers, I had a better remembrance of his features than now. I could then have pointed him out from amongst five hundred people.

Q. When did you see him at Mr Fielding's?

Keen. He was off I believe thirteen months.

Q. When was he taken?

Keen. He has been in goal ever since, I believe it is about eight or nine weeks ago. He was taken the last day of the last sessions held here but one, that was in July.

Q. Did he ever own any other name that he had, before Justice Fielding, besides that of John Clark ?

Keen. No, Sir.

Q. Did he before he was committed own he had been in London before?

Keen. While he was before Mr. Fielding, he never altered in that. He said, he had never been in London but seven weeks.

Henry Matteson . I am clerk to Mr Anthony Merry . I have known the prisoner at the bar ever since the 18th of November 1755.

Q. Was he ever in the capacity of a servant under Mr Merry?

Matteson. He was his Book-Keeper, and Cash-Keeper.

Q. How long was he in that capacity?

Matteson. He was from the 22 d of July 1755, to the 7th of May 1757. He was absent in that time about two months.

Q. Did you live there in November 1755?

Matteson. I did from November 1755 'till now.

Q. Where is Mr Merry's office?

Matteson. It is in Laurence-Pountney-Lane.

Q. Are you sure the prisoner is the same person, or is it a matter of belief?

Matteson. I am certain of that.

Q. What name did he go by then?

Matteson. He went by the name of Thomas Usher .

Q. Do you remember Mr. Quilty of Malaga as a correspondent of Mr Merry?

Matteson. I do.

Q. Does this correspondency continue?

Matteson. It was closed the 19th of April 1757.

Q. Were there no other correspondency between them, - no draughts after that time?

Matteson. All correspondence ceased between them, except a letter or two. There was no letter passed between them since the 2 d of August 1757.

Q. Was that transaction the closing accounts between them?

Matteson. It was.

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

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON, And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 24th, Thursday the 25th, and Friday the 26th, of OCTOBER, 1759.

In the Thirty-third Year of His MAJESTY'S Reign. NUMBER VIII. PART II. for the YEAR 1759. Being the eighth SESSIONS in the MAYORALTY of The Right Honble Sir RICHARD GLYN , Knt. and Bart. 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.

Q. HAVE you seen any bill drawn upon Mr Merry by Mr Quilty since that?

Matteson. No: I generally go to the Post-Office; if there had been any letters I should have seen them.

Q. Do you remember the evidence, Keen, coming to your office?

Matteson. I do: it was about ten days after the bill was paid; he gave me a description of the person who sent him with the bill to Sir Charles Asgill's.

Q. What was your opinion of that description?

Matteson. The description that he gave to my master, in my presence, made us positively think, that that was the prisoner at the bar, without doubt; we did not doubt in the least but that it was he, both with regard to his person and dress.

Q. Is there any alteration between his appearance now, and what he was when he went away?

Matteson. Only he is fallen-away.

Q. Do you remember being before Justice Fielding ?

Matteson. That was on the Saturday, the last day of the last sessions but one?

Q. Before he quitted Mr Merry's service, did you ever hear any name he went by than that of Thomas Usher ?

Matteson. No, Sir.

Q. When he was before Mr. Fielding, who did he say he was?

Matteson. He said he was John Clark ; Mr Fielding ask'd him how long he had been in London; he said about seven weeks, and never before.

Q. Was he ask'd about Mr Merry ?

Matteson. He was: and said he never knew any such name, or any such person.

Q. Was he shew'd to Mr Merry?

Matteson. He was: Mr Merry sat by him; Mr Fielding ask'd him whether he knew Mr Merry; he denied him, when he saw him.

Q. Where did he see him?

Matteson. He saw him there; I was his fellow-clerk; Mr Fielding bid him look at me; he did; and denied knowing of me, or having ever seen me.

Q. Is there any particular mark upon the prisoner's face that you can tell him by?

Matteson. I have no doubt of him.

Q. If there is a mark, you can given an account of it?

Matteson. When he was in the compting-house, I used to observe a scar in his forehead, just above his nose; I described that to Mr Fielding.

Q. Could a man conceal that scar if he drew his hat over his face?

Matteson. It is so high, I believe he could.

Q. Do you know where he lived?

Matteson. At that time he liv'd with Mr Merry, he lodg'd in Lemon-street, Goodman's-fields.

Q. Is he a good penman?

Matteson. He is a very compleat penman.

Q. Did you know the house he liv'd at in Lemon-street, Goodman's-fields ?

Matteson. I did.

Q. Look at this acceptance. he takes the bill in 'his hand.

Matteson. This is a very great similitude to Mr Merry's hand-writing (I mean the name), but I really believe it is not from circumstances that I know.

Q. During the time that the correspondence was carried on, was it usual to have letters of advice?

Matteson. Yes, it was, very often.

Q. Had you ever a bill of Mr Quilty's to your master but what always had a letter of advice?

Matteson. No, never.

Q. Was there any advice of this bill now in question?

Matteson. No.

Q. There is the name. Thomas Hobson is indorsed on the back of the bill, look at that.

Matteson. He looks at it. I really believe the indorsement, Thomas Hobson , to be the prisoner's hand-writing, it is very much like it. I do not see my master's bill-book mark upon this bill; here is none here.

Q. May any of the indorsements be wrote by the same person. Is there any thing of a likeness to that name, Thomas Hobson ?

Matteson. No, there is no other; that I think to be the prisoner's.

Q. Does it seem to have the air of a real bill, or does it appear to have been done by one and the same hand?

Matteson. As to that I can't say. The book deliver'd in. This is the book kept by Sir Charles Asgill , where it is folded down it is wrote off by one of Sir Charles Asgill 's servants.

Q. When was it wrote?

Matteson. It was wrote on the 10th of May.

Q. Has Sir Charles Asgill given Mr Merry credit for the sum of 250 l?

Matteson. He had made him debtor, but now he has taken it off.

Q. How came that to be wrote off?

Matteson. It seems he was fully perswaded that it was forgery; therefore it was wrote on again, as his giving him credit for 250 l. again, in order to ballance this.

Q. Do you know the reason of it?

Matteson. My master insisted on it's being a forgery.

Q. Considering the circumstances of this transaction, are these the only circumstances on which you are induced to believe this is not the hand-writing of Mr Merry?

Matteson. No, Sir; when he was suspected to be the person that forged the bill, there was a search-warrant taken out, and in his house there were found many papers belonging to Mr Merry.

Q. What papers were they?

Matteson. Some of them were invoyces and bills of lading, and letters from different parts, where my master corresponded; and amongst the rest, bills of exchange, and my master's hand that had been to a letter, and cut off (that is my master's name). There was also a letter drawn by this same Qullty, a real bill.

Q. Was you at the finding of the pa pers?

Matteson. No; I did not see them found, I saw the papers afterwards. The prisoner was trusted with my master's cash, and always made up the accounts, 'till October 1756; then there was a deficiency of 49 l. 11 s. 8 d. which he made himself debtor for in my master's books.

Q. Upon all those circumstances, are you induced to believe it is not Mr Merry's handwriting?

Matteson. I am.

Q. Strip yourself of them; what should you have believed if an indifferent person had brought it?

Matteson. I should have thought it had been Mr Merry's hand-writing.

Q. Upon what occasion did the prisoner leave your master?

Matteson. I cannot tell the occasion; he went away two or three times.

Q. When did he leave his house the last time?

Matteson. That I cannot say.

Q. After May 1757, was he employed for your master?

Matteson. Yes, he has come to translate Spanish for him; he understood Spanish very well.

Q. Before the forgery, do you remember he was sent for?

Matteson. Yes, my Master sent me for him to come to make up the account; he made excuses of being lame, and master sent me with a coach after that.

Q. When he left your master, was he then debtor to your master?

Matteson. He was; but it has been since made up; he was debtor 48 l. 9 s. 8 d.

Q. Look at this book again; is this the customary manner in which they write them off?

Matteson. That I do not know.

Q. What is this book?

Matteson. This is Mr Merry's, kept at Sir Charles Asgill 's.

Q. to Nightingale. Do you know whether Mr Merry has credit for that 250 l.

Nightingale. He takes the book in his hand. This is wrote by one of the clerks that is now with Sir Charles Asgill and Co. that wrote it here; he acted for them. I take it for granted it was by some of the partners directions, or he would not have wrote in this manner.

Q. Whose writing is it?

Nightingale. It is wrote by one Barnard, he lives there now.

Q. What you do call this ?

Nightingale. This is writing on; by virtue of this entry it will be increased 250 l. It is wrote in this way on presumption of it's being a forgery.

Q. Are the partners satisfied it is a forgery ?

Nightingale. They are.

Thomas Nuthall , Esq; We had a warrant granted to search the prisoner's house in Goodman's-Fields. I went there. We searched, and found a prodigious number of letters, invoices, bills of lading, and other papers, which appeared to be received by Mr Merry from Portugal and Hamburgh. All these papers appeared to be Mr Merry's which the prisoner could have no right to, as I should presume. I found in a private drawer in his bureau, wrapped up in a piece of clean paper, these words, Your humble servant Anthony Merry . It appeared to be the conclusion of a letter that he had wrote. This was not with the other bills.

Q. to Matteson. Look at this. - (The words your humble servant Anthony Merry .) Whose hand-writing do you look upon it to be?

Matteson. I believe it to be Mr Merry's hand-writing: this was Mr Merry's paper, and did not belong to the prisoner.

William Bowman . I saw the prisoner at the bar in July last.

Q. How long have you known him?

Bowman. I have known him ten or twelve years.

Q. Are you certain you know him?

Bowman. I am: I make no doubt of that at all.

Q. Where did you see him in July last?

Bowman. Just by Mr Whitfield's tabernacle: when I first saw him he amazed me. I was considering in myself what I should do. I had been informed of the forgery by Mr Merry. I went back there, and enquired what he had been doing there, and they showed me a letter that he had left, and I acquainted Mr Nightingale with it, and I heard nothing more 'till the 13th of July last. Then I went with Mr Nightingale to the place where the paper directed, by the name of John Clark .

Q. Look at this paper. - A paper is put into his hand.

Bowman. This is the letter that was left at the tabernacle. I believe it to be his own handwriting. The direction is his writing.

It is read.

Directed to the Reverend Mr Davis, These.

Pond-street, 2 July 1759.

Reverend Sir,

BEing an utter stranger is this part of the kingdom, and destitute of any friends in that we came from, (capable of helping us now in our unhappy and forlorn condition) we have no other way left (by God's blessing we have this) but to make our deplorable situation known to those whom our gracious Lord Jesus Christ has vouchsaseed to call, and that follow him as his stock: to these, Blessed Ones, we would wish (I mean myself and wife) our wretchedness was known, not doubting of their readiness for their Glorious Redeemer's sake, to give us some present succour, but they would likewise prevent my remaining longer out of the employ of my own business, that I might by it, through their kind means, get an honest livelihood. But as we are equally unknown to them here, and having heard of your charitable readiness to help the distressed for Jesus Christ's sake, we, in his most precious name, do beg and heseech you, most kind and Reverend Sir, on bended knees, to give us leave, without offence, thus to address you, and crave, that you will please to pity us, and by your worthy endeavours, let our cries reach such tender Christians souls, as will afford us relief, O! dear Sir, pray do us this good for the Lord Jesus Christ's sake. Our lives throughout, shall give proof of our gratitude, in continually imploring the eternal Father of Spirits, to repay your tender concern for us distress'd pilgrims, with rewards eternal in glory. We once more beg on bended knees, to lay our moans before you. I am for wife and self with profoundest deference,

Reverend Sir,

Your most humble and obedient Servant in distress, John Clark .

P. S. Reverend Sir, the inclosed (as you'll perceive) is our wretched case, drawn up to serve to show to whom you shall please,

Ut supra.

J. Clark.

Q. Did you see the prisoner after he was taken up?

Bowman. I did.

Q. What did the prisoner say his name was?

Bowman. He said his name was John Clark . I asked him how he did, by the name of Thomas Usher . He got up and was going to shake hands with me, as I believe, but he sat down again very much confounded: then he said, his name was John Clark , and he denied that he had ever known me, or Mr Roberts, or Mr Merry.

Counsel for the Crown. Call Mr Merry.

Counsel for the Prisoner. I object to Mr Merry's being called as a witness. The question is, whether he is at all interested in this matter or not?

It appearing to the court that Sir Charles Asgill , and Co. were thoroughly satisfied this was a forgery, and had settled their accounts, not charging Mr Merry debtor on the account of that bill, so that if the prisoner should be guilty or acquitted, there could be no demand upon Mr Merry for that 250 l. The court over-ruled that and he was called.

Anthony Merry . The prisoner once lived servant with me.

Q. How long was he your servant?

Merry. About two years.

Q. Had he frequent opportunities of seeing you write?

Merry. He had very frequent opportunities.

Q. Is he a good penman?

Merry. He is a very extraordinary penman.

Q. When did he quit your service for good?

Merry. It was some time in May 1757: he was a little faulty in making up his cash, something deficient, and I insisted upon his coming and making it up. He is a compleat proficient in the Spanish language; so I said, I would not apply to his security, but he should work the money out, so he came some times and translated some few letters in the year 1758.

Q. Was Mr Quilty once a correspondent of your's

Merry. He was.

Q. When did that correspondence cease?

Merry. That ceased about August 1757.

Q. Does the prisoner appear the same now, as when in your service?

Merry. When I last saw him he looked better in flesh, and was better in cloaths than now. After he left me he appeared shabby in cloaths.

Q. Do you remember Constantine Keen giving you any description of a person, that he had carried a bill for to Sir Charles Asgill 's?

Merry. I do. I then judged it to be the prisoner.

Q. Look at this bill. - He takes it in his hand. Did you accept that bill?

Merry. No. I did not.

Q. Are you certain?

Merry. I am. I am positive I did not; this name Anthony Merry is certainly forged.

Q. Do you judge it to be the prisoner at the bar, meerly by his going to the porter?

Merry. By the case, and the description he gave. But I was in some measure convinced it was he before I saw the porter; because in turning my book over, I set my lad to cast it up, and I cast up the other, and found there were 250 l. difference. Then I took the book and looked it over myself, and found it the same. When I came to look over the bills I was vasty startled, having had no business with Mr Quilty for some time. I own the hand on the bill has some strong resemblance of my own hand.

Q. Was you at the searching the prisoner's house?

Merry. I was. And saw these papers found there. I saw the name Anthony Merry on one of the papers.

Q. Do you believe that to be your own hand writing?

Merry. I believe it is. These papers were what he had no business with; he must take them for some use or purpose; there were some letters of every gentleman almost abroad, that I correspond with; a vast number of invoices: upon looking for some real bills, in order to compare with this, I found the second bill a real bill of Mr Quilty's. The acceptance on the first was for 177 l. that bill was taken away, and I cannot find it in my compting-house; that bill is drawn in the same favour as this is, in the same name; when I came to turn the bill, and look at the endorsements, I am of opinion, that the name Thomas Hobson , was wrote by the prisoner at the bar; and the name John Smith , though it is flourished, it is flourished by him, that confirmed me strongly in it.

Q. Did you see the prisoner at Justice Fielding's?

Merry. I did.

Q. Would he know you there?

Merry. No; he would not; he was desired to go round the room to see if he knew me. He gave an extraordinary account of himself. That his name was Thomas Clark . That he had never been in London but seven weeks.

Cross Examination.

Q. Was he in debt at the time he left you?

Merry. He was, I believe.

Q. Do you know of any action brought against him?

Merry. I know of one.

Q. At whose suit?

Merry. I do not know the name; the person keeps the Bull in Thames-street.

Matteson. His name is Charles Walker .

Q. to Mr Merry. When was that action brought against him?

Merry. That was when he lived with me.

Q. When was the bill detected?

Merry. That was in May 1758.

The bill read.

Laos Deo, Malaga, 5 Feb. 1758.

Exa. per 250 Sterling.

At Usance and half, pay this our first, per Exchange, to Mr Domingo Gneico , or Order, 250. Sterling, value received of the same. Which place to account, as per advice from

Thomas Quilty and Co.

To Mr Anthony Merry , Merchant in London.

Accepted Payable at Sir Charles Asgill 's and Co.

Anthony Merry .

Prisoner's defence.

I am quite ignorant of the bill. In regard to the hand-writing being like mine, hands are frequently alike. I know nothing about that letter produced, said to be left at the Tabernacle. I was in Mr Merry's service the time he mentions; and left it about the time he mentions; in the mean time he has employed me in translating letters. As to this affair, I know nothing of it. As to the name Anthony Merry being found, is easily accounted for; because from time to time I used to receive letters from him, for me to do so and so. I am totally innocent, and know nothing at all about it.

For the Prisoner.

Thomas Deming . I have known the prisoner at the bar, I believe, a dozen or fourteen years. I married a relation of his wife's about four years ago.

Q. Are you acquainted with his circumstances?

Thomas Deming . I am very sensibly acquainted with them: he was so much in debt that he could not stay, and I maintained his family when he was away; he took with him, even his old shirts and old shoes. This was in May was twelve month. I heard in the family that he owed above a hundred pounds, to a man at the Bull, ten pound borrowed money, who frequently came to his house, and threatened to arrest him.

Q. Do you look upon it that he went away for debt?

Deming. I do believe he went away absolutely for debt. I was sent for when the house was searched. I asked Mr Merry, when this thing was done; and told him, I wondered, if he was guilty of the crime, that he should be seen publickly; for I saw him several times.

Q. What time did he abscond from his family?

Deming. I believe it was about the middle of May was twelve month. I had, I believe, five or six letters from him.

Q. How did they come?

Deming. They came by the Post. He wrote me a letter that he should be at the Monument in Blackmore-street, on the 26th of April last, at three in the afternoon; I went there, he was standing in the public alehouse smoaking his pipe; I shook my head at him, and said, For God's sake what do you do here ? Why said he. Do not you know, said I, the crime that you are charged with, that will take away your life. I took him to the window, and charged him with it. He said -

Court. What he said is not evidence.

Deming. I saw him often during the month of May 58, in destitute circumstances, poorer than he has been since, because I have maintained him since.

Q. Has he paid any of his debts since?

Deming. Of my own knowledge he has not.

Q. Do you know any thing of his going by the name of Clark?

Deming. I know nothing of that.

Q. What has been his moral character?

Deming. I thought him an honest industrious man.

John Major . I was formerly the prisoner's master; he came to me in the year 1743 as a clerk, and lived with me 'till Michaelmas 48; and behaved soberly and honestly; he has paid and received several sums of money for me.

Q. Had you any security for him?

Major. No. I had not.

Q. to Mr Merry. Had you any security for the prisoner?

Merry. I had. The bond is in Court.

Mr Oldfield. I have known the prisoner at the bar, seventeen years; I believe he was in very bad circumstances in the year 58.

Q. Have you relieved him?

Oldfield. I have. I did in April last; I accidentally met with him in the Borough of Southwark, in very deplorable circumstances and relieved him; he pulled a rowl out of his pocket, and said, He had only that bread to eat. I saw him about the middle of May 58, he was then in distressed circumstances.

Q. What is his general character?

Oldfield. I never knew any thing bad of him in my life; his character was that of an honest man.

John Ede . I have known the prisoner ever since the year 42; I employed him about two years; the last time I saw him, was about three years ago, at Mr Merry's compting-house.

Q. What was his general character the time you knew him.

Ede. He had a very good character. I never heard any thing amiss of him; he came recommended to me with a good character, to keep my books, and he behaved extreamly well all the time I employed him.

Cecil Waring . I have known him sixteen or seventeen years.

Q. What is his general character ?

Waring. Nothing amiss.

Q. Did you ever hear any thing of him?

Waring. I know his circumstances were low, and have been several years.

Q. Did he appear in May 1758. to be in bad circumstances?

Waring. Yes, he did; I am pretty well assured Mr Deming maintained his family then.

Mr Enderbury. I have known the prisoner at the bar about nineteen years.

Q. What is his general character?

Enderbury. That of an honest man; his circumstances were but poor. In the month of May 1758, he applied to me to borrow 10 l. but I refus'd him. I never heard any thing amiss of him 'till this affair in question.

Mr. Johnson. I live in Lemon-Street, Goodman's Fields; the prisoner was my next-door neighbour; he lived there about twelve years; he always behaved himself very civilly and friendly.

Q. What is his general character?

Johnson. I know no harm of him.

Q. Had he a good or a bad character?

Johnson. The best of people are sometimes aspersed.

Q. Was he reckoned a rich or a poor man?

Johnson. He was reckoned a very poor man. Mr Deming has supported his family two years; they were in great distress during all last year.

Q. What was the cause of his distressed circumstances?

Johnson. I suppose he could not maintain himself; I believe he was out of employment.

Q. What wages had he of Mr Merry?

Johnson. I do not know.

Metteson. He had 80 l. per year.

Q. to Deming. What do you think was the cause of his distress?

Deming. I believe it was about a hundred pounds bond; and his family coming on, he has a wife and three children, and she big again. I never look'd upon him to be a negligent man; a good man: I have heard say, he used to take his family to prayers.

William Scullet . I have known the prisoner at the bar about ten years. I can't say I know much of his family.

Q. What is his general character?

Scullet. That of a sober, honest, industrious man.

Acquitted .

318. (M.) Mary Crawforth , spinster , was indicted for stealing one purse, value one penny, three portugal pieces, thirteen guineas, and one half guinea, the goods and money of John Hudson , privately from his person , his property, October 4 . ||

John Hudson . About a fortnight ago I met with the prisoner at the bar in Nightingale-Lane she wanted me to see her bed; I went with her; I had three 36 s. pieces, thirteen guineas and a half in my pocket a t that time: I had some silver, but I do not know how much. The prisoner said there were three shillings and six pence when I was in the house with her. She fastened me in.

Q. Was any body else in the house?

Hudson. I saw no body else in the house but the prisoner.

Q. What time of the day did you go into the house?

Hudson. I went in about nine or ten at night, and sat in a chair and slept, with my head on a table, 'till about two in the morning. When I awaked I could not get out 'till day-light; she was gone, and I was left alone.

Q. How did you get the door open?

Hudson. I got that open with my knife. I miss'd my money.

Q. When did you miss that?

Hudson. I miss'd that about two o'clock, purse and all.

Q. How was the door fastened?

Husdon. It was hasped to, and I put it off the staple with my knife.

Q. Where did you meet with the prisoner afterwards?

Hudson. I took her up at Wapping New, Stairs.

Q. When?

Hudson. The next day. She had my purse in her hand when I first saw her; I said that was my purse; she said it was, and she delivered it to a waterman; and I am very sure he put nothing into it, and took nothing out, and he gave it to me; there was in it six guineas and a half, and one 36 s. piece. I took her before Justice Scott, there she was examined; she told the Justice that she took it out of my pocket.

Q. Do you know she took it out of your pocket?

Hudson. I only know it by what she confessed afterwards. If I had found her at taking it out of my pocket I would not have let her.

Q. Did you take her from Wapping-Stairs immediately before the Justice?

Hudson. No; I took her first to the house where I was with her, and kept her there 'till I got a constable.

Q. Did she tell you how much money she took out of your pocket?

Hudson. No; I ask'd her where the rest of the money was; and she said, she had given that to one of her companions.

Q. Did she tell you what the rest of the money was?

Hudson. No; I did not ask her; she had made away with seven guineas and two 36 s. pieces.

Q. Did you give her any money that night?

Hudson. No; I did not; she took enough, I had no occasion to give her any.

Q. Had not you given her some money before she took your purse?

Hudson. No; not a farthing.

Q. What did you go into that house for?

Hudson. To see her bed; but it was so dirty and nasty I would not lie in it. We had a pot of beer together.

Q. Did not she ask you to give her something?

Hudson. No; not as I know of.

Q. Was you sober?

Hudson. No; if I had been sober I should not have been there.

The prisoner had nothing to say in her defence.

Guilty of stealing, but not privately from his person .

[Transportation.]

319. (M.) John Crockford was indicted for stealing twenty-nine Guineas , the money of Joseph Hutchinson , October 11 . ||

Hutchinson. I am clerk to Mr Mac-Cray at White's Chocolate-House ; I always am intrusted with money in the house, because I pay bills, and do all business in the house in regard to trade. I have a drawer in the counting-house, which I keep the key of myself; on the 10th of October last my master was gone out upon some business, and left money with me put up in papers. I had chang'd a Bank note of 50 l. for a gentleman. The last time I looked in the drawer was between twelve and one that night; I went to it to get a handful of silver out of a bag that I have there, to give change to a gentleman up stairs. I put the silver in my pocket, and did not make an entry in the book, doing it in a hurry; I might leave the key in the drawer for what I know.

Q. What money was in the drawer at that time?

Hutchinson. There were two rollo's, fifty guineas each; twenty-nine guineas, part of a rollo; a 50 l. Bank note, and a draught upon somebody in Lombard-street for 22 l. odd; I went to bed, thinking every thing safe. When I got up, my master and I went to settle accounts, as we do once a week, to strike the balance; I felt for my key, and miss'd it; I look'd at the drawer, and that was lock'd; I enquir'd for it of every servant in the house, but could not find it; the prisoner at the bar was out all that day.

Q. Who did you leave up when you went to bed?

Hutchinson. I left the prisoner at the bar and Charles Paterson up, they were to sit up to wait that night; I was obliged to break open the drawer, there I miss'd the twenty-nine guineas, part of a rollo; the gold was all safe; the silver, being an uncertain sum, I cannot speak to that; my master advised me to search all the servants in the house, immediately; so I call'd them all up stairs, and searched them one after another, but found nothing; the prisoner was out at that time; he had had leave the day before to go out that morning.

Q. Was he gone out before you miss'd the money?

Hutchinson. He was: there was also another servant out; I never had a very bad opinion of the prisoner; but upon his being extravagant I mistrusted him more particular; I ordered the other servants not to say a word what had happened, but to keep it a secret 'till I had a farther proof, for I thought I should find it out in two or three days, by his paying some debt; on the Friday morning, my master ask'd me if I had heard of my money; I said, no; said he, I have, the prisoner at the bar has got it; he said, he was told he had paid six guineas to Mrs Clark, and he did not know how he could get it; upon this, the prisoner was charged with taking it; upon being ask'd how he came to have money to pay that six guineas; he said, he had borrowed seven guineas of one Murphy, that keeps the sign of the Coach and Horses; I went to Murphy, and ask'd him if the prisoner had borrow'd any sum of money of him within these two days; he said, no; then I desired he would go home along with me; and before I got home the the prisoner had confess'd he took the money.

Q. Was you with him before the Justice?

Hutchinson. I was: and Murphy brought eleven guineas, which he said the prisoner had left with him, and tendered it down to him; the prisoner would not take it up, but push'd it to me, and said it was part of the twenty-nine guineas that he had taken out of the drawer.

Q. Did he say how he opened the drawer?

Hutchinson. Before the Justice he said he found the key in the drawer, and he took the money out, and left the key in the drawer; the Justice ask'd him, if he had stolen the twenty-nine guineas out of the drawer; he said, yes; and he own'd that the money he had paid was part of it; that was six guineas to Mrs Clark and four to Murphy; upon the whole I understood he had squander'd the rest away, or paid debts with it.

Mary Clark . The prisoner at the bar paid me six guineas on the eleventh of October that he had borrow'd of me.

Q. Was you before the Justice when the prisoner was there?

Clark. I was before Justice Fielding, and heard the prisoner there confess, that he took twenty-nine guineas out of the drawer; the day before he told me, he would ask Mr Mac-Cray for the money; but before the Justice, he said, this six guineas were part of the money that he took out of the drawer; he also said, he had paid four guineas to Mr Murphy; and I believe he said that was part of that money which he had taken.

Anthony Murphy . The prisoner paid me four pounds eleven shillings and eight-pence half-penny; I told him I was very glad he had given it me, for I never wanted it more; he told me he had received his wages, and was going to make holiday, and if I would keep eleven guineas, which he had there, he should be obliged to me; I took it, which I produc'd to him; and he said, it was the prosecutor's money.

Prisoner's Defence.

I know nothing at all of the matter. I have some people here to my character.

For the Prisoner.

Bradley Kennet . I am a Wine-Merchant, in Pall-Mail; I have known the prisoner ever since he was two years old.

Q. What is his general character?

Kennet. I never heard the least complaint of him 'till this time; I would have trusted him, or any of his family, with any thing they should ask.

Mr Watson. I have known him ever since he was a child.

Q. What is his general character?

Mr Watson. He has a very good character; and so has his whole family, as any family in Westminster.

Mr Perkins. I have known the prisoner a great many years.

Q. What is his character?

Mr Perkins. I believe he had a very good character; if he had had a bad character he would not have been there where he lived, he has been there twelve or thirteen years.

Mr Wilson. I have known the prisoner eleven years; he always was very honest, and bore a very good character.

Mr Clark. I have known him sixteen years; I never heard any thing ill of him.

Guilty .

[Transportation.]

320. (L.) Elizabeth Rosdell , otherwise Wills , was indicted for stealing six yards of black silk lace, value 4 s. 6 d. the property of Harden Elderton , September 15 . ++

Harden Elderton. I live in Bishopsgate-street ; on Saturday the fifteenth of September the prisoner at the bar came into my shop, and ask'd to look at some black lace, which was show'd her; she fix'd upon some to have only half a yard; and when it was cutting off. she convey'd a piece of lace to the edge of the compter; and while I was turning to cut it off she shov'd it down; I saw she intended to take it; she made an attempt to stoop for a stick, and took it up; she went out; I follow'd her, and desired her to walk back; which she did; we took her into the back room, and took six yards of lace from under her stays, my property; I sent for a constable, and she was taken to the compter.

Q. Was this of the same sort that she had cheapen'd?

Elderton. No: it was a separate piece. Produc'd in Court and depos'd to.

Q. What do you value it at?

Elderton. I value it at four shillings and six-pence.

Mr. Jourdan. About the fifteenth of September I happen'd to go into Mr Elderton's shop, and into a little back room, there I saw a woman, whom I believe to be the prisoner at the bar; there was a little stir; I enquired what was the matter; they said she had stole a piece of black lace; she was search'd, and a piece was found under her stays.

Prosecutor. It appears to me since, upon enquiry, that the prisoner has lived very well in the parish, and necessity has drove her to do this; and I am very sorry for her.

Mr. Jourdan. I made strict enquiry and cannot find that the woman has ever been guilty of such a thing before.

The prisoner said nothing in her defence.

Guilty 10 d.

321. (M.) Mary Gibson , spinster , was indicted for stealing one silver watch, value thirty shillings, the property of Thomas Fenlason , privately and secretly from his person September 19 . +

Thomas Fenlason . On a Wednesday at night; about three weeks ago; about ten o'clock; I was in liquor in Hedge-lane; going home to my master's house, I was drawn in by this girl at the bar.

Q. How drawn in?

Fenlason. She laid hold on my arm, and I went into a house with her; there was only she, and she drawed me into a room.

Q. What house was it?

Fenlason. I do not know the name of the people of the house.

Q. Did you know the prisoner before?

Fenlason. I never saw her before; I went to my place but on the Wednesday, and this was the Saturday following.

Q. Was there a light in the room?

Fenlason. There was.

Q. When had you seen your watch before you went into that room ?

Fenlason. I was at Temble-Bar along with some people drinking just before, and I had my watch then; and I am sure I had it in my pocket when I went into the house with the prisoner.

Q. Do you remember her taking it from you?

Fenlason. I remember her hand being in my pocket; but do not remember her taking it out.

Q. What time did you miss it?

Fenlason. I miss'd it the next morning.

Q. Have you found it again?

Fenlason. It was stopp'd at Little Turn-Stile, Holborne, by William Reynolds , a Pawnbroker.

William Reynolds . I live at Little-Turn-Stile. On the 12th of September the woman at the bar offered this watch to pledge to me. Producing a silver watch.

Prosecutor. This is my watch, and what I lost that night.

Q. What do you know it by?

Prosecutor. I know it by the maker's name and No. and by the ribbon.

Q. What is the No.?

Prosecutor. It is No. 605.

Prisoner's defence.

I found it on the top of the bed, and I did not know whose it was. I carried it to the Pawnbroker. He did not stop me, but he did the watch, and when I found that it was stopp'd, I went to the prosecutor and told him of it, and he went along with me to the Pawnbroker.

Q. to Prosecutor. Did the prisoner let you know where the watch was?

Prosecutor. She sent me word where it was, before I took her up.

Acquitted .

322. (M.) Richard Forth was indicted for stealing one Bank note, value 25 l. one silver watch, value 40 s. one pair of silver shoe-buckles, value 10 s. one pair of silver knee-buckles, value 4 s. and six shillings in money, number'd, the property of John Bond , in the dwelling-house of John Culterhouse , Octob. 11 . +

John Bond . I was at work on the 11th of October.

Q. What is your business?

Bond. I am a Rope-maker . I lodge with the prisoner's mother; she sent a little girl to me, and desired me to come home. I went; she told me my box was robb'd, and all my money gone. I told her I had but six shillings, or thereabouts, but there was a Bank note of 25 l. We went up stairs, there I found the paper that the note had been in; my watch was taken from my beds-head; and my shoe and knee-buckles were gone; my knee-buckles were in my breeches, lock'd up in my box. The prisoner had made off, and on Sunday the 14th I found him at Stepney: I charg'd him with taking the things mentioned. He denied it for some time, and at last he owned he had taken and pawned the things for a reckoning, at the house of James Sedgwick at Stepney; but he denied taking the Bank note, and said he never saw it.

Q. Did you ever find the note again?

Bond. No, I never did; I went to Sedgwick's and found the watch and buckles. The prisoner owned to the taking of 6 s. out of my box, and a guinea which I did not know of. I found all again, except the note and money.

Prisoner. What he says is very true; but as for the Bank note I know nothing of it.

James Sedgwick . The prisoner left a watch, a pair of shoe and knee-buckles with me for his reckoning, and I have delivered them all to the prosecutor.

Thomas Davidson . All I know is, that the prosecutor had Bank note of 25 l. value.

Mr. Silver. I am Headborough; I had a search-warrant brought to me on the 15th of October, in order to search Mr Sedgwick's house for a watch and Bank note. I went there. He said he had the watch, but knew nothing of the Bank note: the buckles he also delivered to me. Produc'd in Court and depos'd to by the prosecutor.

Prisoner's defence.

The things I had; but the Bank note I never saw.

Guilty 39 s.

[Transportation.]

323, 324, 325. (M.) John Neale , Matth.ew Makepeace , and Joshua Squire , were indicted, the first for the wilful murder of Thomas Nogan , and the two others for aiding, abetting, comforting, and assisting him in committing the said murder , Sept. 27 . ++

Alexandor Wilson. I am cook to the Phenix Hospital-Ship .

Q. Where does she lie?

Wilson. She lies against the Tower-Stairs . On the 27th of September last, I think between the hours of four and five in the afternoon Thomas Nogan was on the deck to get the air. It is a common thing for press'd men.

Q. Was he a press'd man?

Wilson. He was, to the best of my knowledge; he was brought on board as such. I did not see him press'd: he walk'd fore and aft the main deck. One of the ship's people had him in charge, as is usually the case, about five o'clock it seem'd to rain a little; I went down into my cabbin in order to put on my coat, and I heard a gun pop off while I was below. I came up, and as I was coming up the ladder I heard a second go off.

Q. Was any body on the dock ?

Wilson. There was Squires, and the centry that had the deceased in charge, looking over the commodation-lader. I saw nobody on the main-deck but them two. I asked, What noise was that? The first time nobody made answer; I asked a second time; I think Squires said, There is a man shot. I directly asked them by whose order; they made no answer: I stepp'd off to the quarter-deck, seeing two marines standing there, one of them had a piece in his hand; Neal was one of them. I said to him, Who commanded you to fire; said he, I know who commanded me to fire. I was commanded to fire, before I did do it, by the Steward. I said, Which of the Stewards ; The stout man; he described Makepeace. I went to Makepeace, he was standing on the ladder, going down into the Gun-room. I asked him, Did you command this man to fire on the man; he said, He did not command it.

Q. Did you hear any body give co mmand to fire.

Wilson. I did hear the word Fire; and I heard it repeated again. I went to Squire after this, he was on the gunnel on the main-deck, and the man was coming along-side in a boat; the people were bringing him on board. I was in a passion, I must own; there was not a proper officer on board.

Q. What man were they bringing on board?

Wilson. The deceased, Thomas Nogan ; Squire was leaning over the side: I said, Did you command to fire upon this man; he said, No, I did not; If you charge me with it, I'll put you in the Hold.

Cross Examination.

Q. What ship is this?

Wilson. The Phenix Hospital-ship, in the King's service.

Q. What prisoners had you on board this ship ?

Wilson. We had four pyrates, that is, reported to be so, which were sent from the Royal.

Q. How many pressed men had you on that ship?

Wilson. Really I do not know, because they are kept by themselves.

Q. Had you ten?

Wilson. I do not know that we had.

Q. Had you five?

Wilson. I do not know.

Q. Had you two?

Wilson. I do not know what we had.

Q. Was Meekins on board ?

Wilson. Yes, he was.

Q. Was it reported that you had a good many pressed on board ?

Wilson. I am sure there were some.

Q. Did you look upon the deceased to be a pressed man?

Wilson. I did; he had not been long on board us.

Q. What do you call long?

Wilson. A day or two, or three.

Q. What officers had you on board?

Wilson. We had no warrant-officer on board except me.

Q. Who was the superior officer on board?

Wilson. Squire's acted as turnkey.

Q. What is he?

Wilson. He is Boatswain's steward ; he acted instead of Boatswain, when the Boatswain was absent; by his orders, the Boatswain made him his steward.

Q. What is Neal?

Wilson. He is a marine on board.

Q. How many marines had you on board besides Neal?

Wilson. We have only he had another; they were guards-men over the pyrates.

Q. Were they not guards over all the prisoners on board?

Wilson. We had no guards 'till the pyrates were brought on board. I understand them to be a centry over the pyrates.

Q. What is your reason for understanding it so; did you hear any order given?

Wilson. I did not.

John Walker . I was a mariner on board that hospital-ship, when this affair happened; there was John Meekins along with Makepeace siting in his cabbin; it was about three or four o'clock.

Q. What was Meekins?

Walker. He was a pressed man, belonging to the Doctor's ward; I heard a noise, and we went upon the main-deck to see what was the matter; Makepeace went first and I followed him; as soon as I came upon deck, I heard these words, Stop the man; likewise, Fire.

Q. Can you tell who said that word Fire?

Walker. I am not certain who it was, because the ship's company were all in a flurry.

Q. Did you hear any body repeat the word?

Walker. Makepeace repeated it after that; he unhappily cried Fire, repeating the word from them that first spoke it.

Q. What distance was Makepeace from Neal?

Walker. He was just by him on the quarterdeck; not above two or three yards.

Q. What was done afterwards?

Walker. The centinel Neal, said, If I have orders to fire, I'll fire, and took up his piece; and after that, the word fire was said again, and the other repeated it afterwards, and he fired a second time. I stood close along-side Neal when he fired.

Q. How near was the deceased to the ship?

Walker. I believe he was about forty yards distance in a boat; the first fire was what was the death of the man; he failed in his rowing upon the first fire; they brought him on board, and I carried him down into the Doctor's ward on my back: we asked him which shot hit him; he told us twice, It was the first shot that hit him. I held him while he was dressed.

Q. After the first fire, What did the prisoner Makepeace say?

Walker. After the first fire, there were still crying out Fire again: Several people called so, not one nor two, but more; Makepeace said, Do not fire any more, for I believe the poor man is hurt already; there was a boat in pursuit of him, and the men called and desired they would fire no more, for they could take him.

Q. Which way was the deceased making?

Walker. He was making towards the Tower-stairs.

Q. How near were they to him, that were in quest of him ?

Walker. They were within twenty yards of him.

Q. Do you believe they might have taken him, if he had not been fired at?

Walker. I do believe they might, because the deceased did not understand rowing the boat very well; and there were people on shore might have stopped him, but people are willing to give a pressed man as much quarters as they can.

Q. Who was it that called out Fire first?

Walker. I took it to be Squire.

Q. How long was it between the first and second firing?

Walker. I do not believe there was above a minute distance.

Q. Whenever a pressed man offered to make his escape, did you ever hear an order to fire at him?

Walker. I never saw a man endeavour to make his escape before.

Q. Was you ever at sea?

Walker. No. I have not.

Q. Was you ever a pressing about with others?

Walker. Yes, with a lieutenant.

Q. Is it usual to carry fire-arms on such an occasion?

Walker. We never carry fire-arms.

James Prichard . On the 27th of September the Tender went away, and there were no pressed men on board.

Q. What are you?

Pritchard. I was waterman belonging to the Phenix; this Nogan that is dead, was brought on board the Phenix as a pressed man; in the afternoon I was gone on shore to fetch some beer for the four pyrates that were on board.

Q. When did the pyrates come on board the Phenix?

Prichard. They came that day, or the day before. The prisoner Neal and another marine were centinels over them; they came with them as a guard; as soon as I brought the beer, and had carried it on the quarter-deck, in about ten minutes time I heard somebody say, A man had made his escape from the centry; I made haste down the ladder into a press-gang's boat, and got in persuit after him, and was within about twenty yards of him when he was shot.

Q. Which way was he rowing?

Prichard. He was rowing towards Tower-stairs.

Q. Should you have re-taken him before he got to Tower-stairs had there been no firing?

Prichard. Yes: I heard firing, but do not know who gave the command to fire.

Q. What happened to the deceased?

Prichard. As soon as he found himself wounded he leaned round on his right side, and put his hand over and got hold of my boat; there were two holes made with the balls in the boat.

Q. Were not the holes there before?

Prichard. No, they were not: he desired me to come on board him as fast as I could; I made the press-gang's boat fast to the other, and tow'd the boat, and desired another boat also to take me in tow, and brought him on board the ship.

Q. At the time of this firing, who was on board that had any command.

Prichard. The Boatswain was on shore.

Q. Where was the Regulating Captain?

Prichard. He was on shore; the only warrant-officer that I know of on board at that time was the Cook.

Q. It is customary at any time to fire at a person on board that shall endeavour to escape?

Prichard. I cannot tell; I belong'd to her but about a fortnight.

Q. Has the Surgeon's Steward an equal power with the Surgeon?

Prichard. No.

Q. Has the Boatswain's Steward a power to act when the Boatswain is not there ?

Prichard. He has.

Q. Have either of them power to give an order to fire?

Prichard. No, none of them.

Q. Was there any expression with an oath, why don't you fire?

Prichard. I heard it, but cannot say who spoke it; I was then in persuit of the man.

Q. Was the deceased called to by any body before the firing ?

Prichard. I heard them call, Stop the man. I do not know whether he was call'd to.

Q. How many press'd men were there on board ?

Prithard. I do not know of any more than the deceased, and one more.

Samuel Black . I came on board this ship on the 26 of September.

Q. Who came along with you?

Black. There came four pirates, and Jack Neal the prisoner.

Q. What are you?

Black. I am a Marine.

Q. What ship did you come from?

Black. We came from the Princess Royal at the Nore: Jack Neal and I came to guard the pirates on board the Phenix.

Q. Was there an officer with you?

Black. There was; and he ordered us to look after the pirates, the four pirates. Neal and I were upon the poop, our two pieces were at the wheel at the quarter-deck loaded; there was a noise, that a press'd man was escaping from the ship; I heard the words, Come to, come to.

Q. Who spoke the words, come to?

Black. I do not know; the next word I heard was Fire.

Q. Was you near your comrade when he did fire?

Black. I was at no great distance from him.

Q. Did Neal obey the word?

Black. He did. Neal fired.

Q. Did he hit the man in the boat?

Black. I believe he did.

Q. Did you see the man brought on board ?

Black. I did.

Q. Who gave the command to fire?

Black. I cannot tell; I was looking to see who the man was that was escaping.

Q. How many were the whole ship's crew ?

Black. It is a twenty gun ship, and this was the second day that I belong'd to her; I cannot tell.

Q. to Prichard. Can you tell?

Prichard. There were about twenty pressed and enter'd men; six in the hold, and about twelve or fourteen in the sick ward, and about nine or ten before the mast, and two officers.

William Meekins . I had been on board the Phenix about six weeks.

Q. What are you?

Meekins. I am a press'd man.

Q. How many press'd men were there on board your ship besides you?

Meekins. There were about half a score.

Q. Was Thomas Nogan one of them?

Meekins. He was: I was smoking my pipe along with Makepeace and John Walker in his apartment; hearing an uproar upon the deck, I took little notice about it, 'till the word fire was given; Makepeace went upon the deck, Walker went second and I third; Squire gave the word fire; and after him Makepeace said fire.

Q. What were the words he made use of?

Meekins. He said, fire; he ordered the centry to fire; and Makepeace repeated the word fire after him; then the soldier fired.

Q. Who do you call the soldier?

Meekins. That is Neal; after which Make-peace call'd out, For God's sake, fire no more; Squire would have had him to fire again, but Makepeace was against it; I believe the man was shot then, for he laid by his scull and turn'd on his side; after that, Squire repeated the the word with an oath to the soldier to fire again; then the soldier took up a piece and fired again a second time.

Q. Had he had time betwixt the two firings to charge his piece again?

Meekins. He took up the other marine's piece, and fired that the second time.

Q. Was this after Makepiece had desired the centinel not to fire?

Meekins. It was.

Q. What are Squire and Makepeace?

Meekins. Squire is Boatswain's Steward, and Makepeace is Surgeon's Steward.

Q. to Black. How came you not to tell that Neal took your musket to fire the second time?

Black. They were both lying together.

Q. Did he take it out of your hand?

Black. No, he did not: but he took it up and fired it.

Joseph Gibbons . I am a Volunteer on board the Phenix; on the twenty-seventh of September last I was on board, but did not see the firing when it first began; Squire was in the Boatswain's cabbin; there was an uproar that a man was got over the ship's side; we ran up; they call'd, Stop the man; and call'd to the man to come back; he would not.

Q. Who call'd to him to come back?

Gibbons. The centry call'd to him; then he was fired at, at the first firing he failed in his rowing.

Q. Who fired?

Gibbons. I did not see the firing, so cannot say who fired.

William Davis . I was between decks, eating some bread and cheese.

Q. What are you on board the Phenix?

Davis. I am a common hand, before the mast; I heard them cry out, Stop the man; by and by I heard them cry, Fire; then I ran upon deck; as soon as I came there, I look'd over the side and saw a man in a boat lying down on his right side working with his left-hand, making for Tower-stairs.

Q. Did he seem to be hurt?

Davis. He seemed to me so: I believe the first shot struck him.

Q. Did you see any boats after him?

Davis. I did: I had not time to speak before the other gun fired.

John Uperton . I was upon deck, on board the Phenix, when this misfortune happen'd; I heard them cry, Stop the boat; Stop the boat; Stop the man.

Q. How far was the man from the ship's side.

Uperton. I believe about twenty yards; the man was a press'd man.

Q. Who cry'd, Fire?

Uperton. Several people did on the deck; when the peice was fired off, the man in the boat was about forty yards from the ship; the first piece I believe struck the man.

When the Coroner was about calling the evidences to prove how the prisoner died, the Counsel for all the prisoners admitted it, that the deceased died of the wound given him at that time.

Coroner. He died in the hospital four days after the wound given.

All Guilty of Manslaughter .

[Branding.]

326. (M.) Grace Haseldine , widow , was indicted for stealing one silver spoon, value 5 s. the property of Dennis Murphy , Oct. 5 . ||

Elizabeth Murphy . My husband's name is Dennis; we live in Castle-court in the Butcher-row .

Q. Do you know the prisoner?

Murphy. I have known her some time; I believe, about four or five years?

Q. Where does she live.

Murphy. She lives any where were she can. about the fifth of October, I happened to be out when the prisoner came in; I was fetched home; she having asked for me: when I came home, I saw her in my parlour; she told me she was come to drink a dish of tea with me.

Q. Are you any acquaintance of her's?

Murphy. No farther than seeing of her.

Q. Was you never in her company before?

Murphy. Never in my life. I have seen her in the street, and she has come to my father; but I never eat nor drank with her in my life.

Q. Where does your father live?

Murphy. He lives in the Butcher-row.

Q. What did she call upon you for?

Murphy. She called upon me, to ask me how I did.

Q. How does she get her living?

Murphy. I do not know.

Q. Did you ask her to stay to tea?

Murphy. No.

Q. What did the prisoner do?

Murphy. I saw her put her hand into the beaufet and take out a spoon; she put it first under her cloak, and then put it into her pocket.

Q. What did you do, when you saw her take the spoon?

Murphy. Then I desired her to stay.

Q. Did you send for a constable?

Murphy. No, I did not; she went out at the door, and up the court, and I desired Mrs Crookshanks to go after her, that I might have time to fetch my husband, least she should be gone out of sight.

Q. Did you fetch your husband?

Murphy. He came, and ran after her, and Mrs Crookshanks brought her back.

Q. Where was you when she came back?

Murphy. I was in the house then; I then charged her.

Q. What did the prisoner say upon that?

Murphy. She said, D - n me, she would stand search; and asked me, If I thought she had the spoon; I told her, That I knew she had it; we took her to Justice Fielding; the spoon was found in the hands of Mr Gaull; he will give an account how he came by it: she said there, If she was transported, she would have the spoon with her.

Mary Crookshanks . I was asked to drink tea with Mrs Murphy; the prisoner was there when I came into the parlour.

Q. Who else were there?

Crookshanks. There were Mrs Murphy and her aunt; the tea things were set, and tea going to be put into the pot.

Q. Was you invited to drink tea there?

Crookshanks. I went in as usual, and then she asked me, If I would not drink tea; after a little time, Mrs Murphy said, Where is my spoon? I miss it; she said to the prisoner, Have you got it? having been sitting, when I came into the room, by the beaufet, in a low chair, not by the tea-table.

Q. Where was Mrs Murphy at that time she asked for the spoon?

Crookshanks. She was standing up, by the table, and her aunt was putting the tea into the pot, with her back to the beaufet; after that Mrs Murphy said, Haseldine, you shall stay; she answered, She would not; Mrs Murphy said, You shall; for I saw you take my spoon just now, out of the beaufet. Mrs Murphy went to her husband, and I went after the prisoner, and stopped her just by the Black-horse; her husband and another man came after me, and they brought the prisoner back: I first laid my hands on the skirts of her gown, and said, Haseldine, You shall come back.

Q. Did you know her before?

Crookshanks. I did, and Mrs Murphy. I live in the neighbourhood; she once lived servant at the Robin Hood , just by.

Q. Did she ever drink tea at your house?

Crookshanks. No. When Mrs Murphy came up, she d - d and swore that she had not the spoon, and began to strip herself; she was carried to Justice Fielding's; when she was up at the bar, Mr Gaull went up to the prisoner, I saw her put the spoon out of her hand into his hand; then he shewed it directly: then Justice Fielding asked her, If she brought it as a present. She then made him a pretty answer, and a D - n in the bargain.

- Gaull. I am servant to the keeper of New-prison, and attend at Justice Fielding's; I was by when the prisoner was brought up; I was just opening the door in the office, and she came into the passage and put a silver spoon into my hand directly; she had been in New-prison and knew me, and thought she could put confidence in me; I went and told Justice Fielding of it. The spoon produced in court, and deposed to. There are A B and A D upon it. When the prisoner was brought to the bar, she said, She knew nothing of it; I having before told Justice Fielding of it, then I was sworn.

Prisoner's Defence.

I lived some years at the Robin Hood in the Butcher-row; her father and mother did not lie together for four or five years. I was his bedfellow for eight years; his companion in his naked bed. I have witness in court that he once put me for twenty-seven weeks in the Poultry Compter; they said they would either hang or transport me one time or another; that is the way that she came to know me; she has known me this twenty years, as I lived in the neighbourhood; she knows that her father has been the ruin of me; it is nothing but spite; they want me out of the world: I have disgraced all my friends by my own misconduct.

Guilty .

[Transportation.]

327. (M.) Sarah Pittfield , widow , was indicted for stealing two shirts, value 10 s. two pair of spatterdashes, value 5 s. one pair of stockings, value 12 d. one other pair of stockings, value 2 s. one pair of gloves, value 2 s. the property of John Bliss , Octob. 5 . ||

John Bliss . I am a soldier , and live in Clare-Market, at the Red-Lion and Sugar-Loaf . I was just come from the review on the 5th of October, I threw my bags in a chair by the fireside; there were in them two pair of spatter-dashes, two pair of stockings, one worsted, the other thread, one pair of gloves, and two neck-cloths, all tied up in a handkerchief together, about 12 o'clock in the day-time.

Q. Did you see the prisoner in the house?

Bliss. I did; I sat down to dinner; she said she came out of the country; the landlady ask'd her to dine with us: I had not done dinner so soon as she had, because I drew the beer; she went out and never bid them good bye, and took my bundle. She paid for three pints of beer. I missing my bundle, she being gone, suspected her. After that I was informed she was in Covent-Garden; I went there, and found her (this was the next day); I told her there was a person at the Red Lion wanted her, she went with me there, then I took her before Justice Fielding. I never charg'd her till I got her there; then she said, she knew nothing of my things. She was committed to New Prison; there I went and saw her, and she then had one of my shirts on her back.

Eliz. Wright. I was at the Red Lion when the prisoner and prosecutor were there; I saw the prisoner take a bundle in a little spotted red handkerchief, that lay behind the door on a little stool: she went out of the house with it.

Prisoner's Defence.

I came from Gloucestershire, and went to tell him that I had seen his friends, and call'd for some beer and paid for it, and ask'd him to drink. When he saw me in Covent Garden, he told me William Wood wanted me at the Red Lion, I went there; then I went to Justice Fielding's with only a Butcher's boy. Pray, Mrs Wright, which door did I go out at.

Wright. You went out at the little door.

Prisoner. No, I did not; I went out at the other door.

Wright. I also saw you take the bundle out with you.

Guilty .

[Transportation.]

328. (L.) John Ayliffe was indicted by the name of John Ayliffe , late of London, Esq ; for that, after the twenty-ninth day of June, in the year of our Lord One thousand seven hundred and twenty-nine; to wit, on the thirteenth day of April, in the thirty-second year of the reign of our sovereign Lord George the second , King of Great Britain, &c. with force and arms, at London; that is to say, at the Inner Temple, in London aforesaid, he feloniously did falsely make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and did willingly act and assist in the false making, forging, and counterfeiting, a certain deed with the name H. Fox thereunto subscribed, purporting to be a lease from the right honourable Henry Fox to him the said John Ayliffe , and to have been signed by him the said Henry Fox ; and to have been sealed and delivered by him the said Henry Fox : which said false, forged, and counterfeited deed, is to the purport and effect following (that is to say), This indenture made the twenty-second day of November, in the thirty-second year of the reign of our sovereign Lord George the second, by the grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and in the year of our Lord one thousand seven hundred and fifty eight, between the right honourable Henry Fox , of Holland House, in the county of Middlesex, of the one part, and John Ayliffe , of Blandford Forum, in the county of Dorset, Esquire, of the other part, witnesseth, That the said Henry Fox , for, and in consideration of the rent and covenants herein after reserved, and contained on the part of the said John Ayliffe , his executors, administrators, and assigns, to be paid, done, and performed, hath granted, leased, demised, set, and to farm let; and by these presents, doth grant, lease, demise, set, and to farm let, unto the said John Ayliffe , his executors, administrators and assigns, all that messuage, or tenement and farm called and known by the name of Rusley Park, in the parish of Bishopstone, in the county of Wilts, together with about one hundred and twenty acres of arable and pasture land; and all houses, outhouses, edifices, buildings, barns, stables, orchard, garden, coppices, hereditaments, and appurtenances; which said premises were late in the possession or occupation of Henry Willoughby , Esquire, to have and to hold the said messuage or tenement, and farm, lands, tenements, here-ditaments, and premises, hereby granted and demised, or mentioned, or intended so to be, with their, and every of their appurtenances, from the twenty-fifth day of March now last past, for and during, and unto the full end and term of ninety-nine years thence next ensuing, and fully to be compleat and ended. If the said John Ayliffe party hereto, Sarah his wife, and John their son, or any, or either of them, shall happen so long to live; yielding, and paying therefore yearly, and every year during the said term of ninety-nine years, determinable as aforesaid, unto the said Henry Fox , his heirs and assigns, the rent or sum of five pounds of lawful money of Great Britain, at or upon the twenty-ninth day of September, and the twenty-fifth day of March, in every year of the said term, determinable as aforesaid, by even and equal portions. The first payment thereof to begin, and be made the twenty-ninth day of September now next ensuing; freed and discharged of and from all taxes and outgoings whatsoever, already charged or imposed, or hereafter to be charged or imposed on the said demised premises, by Act of Parliament or otherwise howsoever. And the said John Ayliffe , doth for himself, his executors, administrators, and assigns covenant, promise, and agree to and with the said Henry Fox , his heirs and assigns, by these presents. That he the said John Ayliffe , his executors, administrators, or assigns, shall and will yearly, and every year during the said term of ninety-nine years, determinable as aforesaid, well and truly pay, or cause to be paid, unto the said Henry Fox , his heirs, or assigns, the said sum

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

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON, And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 24th, Thursday the 25th, and Friday the 26th, of OCTOBER, 1759.

In the Thirty-third Year of His MAJESTY'S Reign. NUMBER VIII, PART III. for the YEAR 1759. Being the eighth SESSIONS in the MAYORALTY of The Right Honble Sir RICHARD GLYN , Knt. and Bart. 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.

[The Indictment continued.]

of five pounds, at, and upon the days and times, and in manner herein before mentioned and appointed for payment thereof, according to the true intent and meaning hereof. And also from time to time, and at all times hereafter, during the said term of ninety-nine years, determinable as aforesaid, well and sufficiently repair, uphold, support, sustain, amend, maintain, and in good repair keep all the houses, barns, hedges, ditches, gates, stiles, park, and other pales, and all other the said demised premises in, by, and with all and all manner of needful and necessary reparations and amendments whatsoever. And at the end, expiration, or other sooner determination of the said term, leave, and yield up the same in such good repair into the hands and possession of the said Henry Fox , his heirs, and assigns; he the said John Ayliffe , his executors, administrators, and assigns, from time to time, and at all times hereafter, during the said term, being at liberty to cut, take, and carry away sufficient timber at Bishopstone aforesaid, or in the common thereof, for putting and keeping the said demised premises in good and sufficient repair. And also, that he the said John Ayliffe , his executors, administrators, or assigns, shall not, nor will at any time during the said term, determinable as aforesaid, plow or sow any part of the said demised premises that have not already been plowed or sown; nor shall he, the said John Ayliffe , his executors, administrators, or assigns, at any time after the term of seven years, from the date hereof, plow or sow any part of the said demised premises without the leave and licence of the said Henry Fox , his heirs, and assigns, in writing under his, or their hand and seal for that purpose first had and obtained. And further, that he the said John Ayliffe , his executors, administrators, or assigns, shall and will, after the expiration of the said term of seven years, lay down with grass-seed, in a good husband-like manner, all the land which on the said demised premises have been sown on converted into tillage, and so keep the same during the remainder of the said term of ninty-nine years, determinable as aforesaid, forhe use and benefit of the said Henry Fox , his heirs, and assigns; save, and except only, as to such parts, and for such times as such leave or licence as aforesaid shall extend unto. And the said Henry Fox doth for himself, his heirs, and assigns, covenant, promise, and agree to and with the said John Ayliffe , his executors, administrators, and assigns, by these proents, That he the said John Ayliffe , his executors, administrators, and assigns, paying the rent, and performing the covenants herein reserved and mentioned, it shall and may be lawful, to and for the said John Ayliffe , his executors, administrators, and assigns, peaceally and quietly to have, hold, possess and enjoy the said demised premises, with the appurtenances, for and during the said term of ninety-nine years, determinable as aforesaid, without the lawful let, suit, trouble, or interruption, of or by the said Henry Fox , his heirs or assigns, or any other person or persons lawfully claiming, or to claim from, by, or under him, or them. And also, during the said term of ninety-nine years, determinable as aforesaid, to cut down, take and carry away from time to time, in due season, and in a husband-like manner, all the coppice and underwood now standing, growing, or being, or which at any time hereafter, during the said term of ninety-nine years, determinable as aforesaid, shall stand, grow, or be on any part of the said premises hereby demised, he the said John Ayliffe , his executors, administrators, or assigns, keeping the said coppices well planted with underwood, and cutting the same in due course, and in a husband-like manner, from time to time, during the said term. [In witness whereof, the parties to these presents have hereunto interchangeably set their hands and seals, the day and year first above-written. H. Fox. Sealed and delivered, being first duly stamped, in the presence of John Fannen , James Hobson ] With intention to defraud the said Henry Fox , against the form of the statute in such case made and provided, and against the peace of our said Lord the King, his crown and dignity.

The indictment further charged the said John Ayliffe with the felonious publication of such forged deed as a true deed ( knowing the same to be forged) with intent to defraud the said Henry Fox , against the statute.

The indictment also charged the said John Ayliffe with feloniously forging such deed, with intent to defraud William Clewer , Esq ; against the statute.

The indictment also charged the said John Ayliffe with the felonious publication of such forged deed as a true deed, (knowing it to be forged) with intent to defraud the said William Clewer, Esq; against the statute.

Mr Aston. May it please your Lordship, and you Gentlemen of the Jury. I am Counsel for the Crown against the prisoner at the bar, John Ayliffe , Esq; who, you hear, stands indicted for the crime of forging a deed, and for uttering that forged deed, knowing it to be falsely forged and counterfeited. And, Gentlemen, I need not here enlarge upon the greatness of this crime, I fear you have too frequent instances of it brought before you; and therefore, I shall only say, that the Legislature, finding great inconveniencies from this offence, that it was a growing evil, and of most pernicious tendency to trade and credit, thought it necessary to guard against it's increasing mischief by sanguinary laws; which were accordingly made to put a stop to it, so far as the Legislature were able to do it by inflicting severer punishments.

Gentlemen, the prisoner stands indicted upon the statute of the second year of his present Majesty; which was made to prevent the falsely making and forging any deed or other instrument mentioned in that Act; or uttering any such false deed, knowing it to be false and forged with intent to defraud.

The circumstances of the present case I will open to you as shortly and clearly as I can; but it will be necessary for me to go a little back before I come to the transaction of forging the present deed; it is laid in one count to be done with intention to defraud The Right Honourable Henry Fox ; and in another to defraud William Clewer , Esq;. One of these two things it is necessary should be proved for the conviction of the prisoner.

That the prisoner has been guilty of the actual forging, or of uttering that deed knowing it to have been forged.

And then the next thing necessary to follow is, that it was done with intent to defraud one of those persons. If it was done with intention to defraud either The Right Honourable Henry Fox or Mr Clewer, the prisoner will be proved to have been guilty of the offence charged against him.

Gentlemen, Mr Fox about two years ago became intitled to an estate in Wiltshire, on the decease of Mrs Horner, to whom Mr. Ayliffe had been formerly steward, but had been some time discharged from her service. Mrs Horner, however, out of regard for the wife and family of Mr Ayliffe, desired Mr. Fox, that he would make Mr Ayliffe some beneficial lease of the value of about 30 l. a year; there was no obligation upon Mr Fox to do this; but being willing to fulfil that lady's request, and having purchased an estate called Russley-Park; which is the estate conveyed by the deed laid in the indictment, and supposed to be forged, he made an offer to the prisoner, John Ayliffe , of making him a lease of that park, and the grounds belonging to that estate, being 120 acres for the term of ninety-nine years, for his own life, his wife's life, and his son's life, at the rent of 35 l. a year. Mr Ayliffe was extreamly rejoiced at this proposal, as there was a very good house, and a considerable estate about it, of double the value of the rent reserved; and he gladly accepted the offer. You will find in consequence of it a draft of a lease was prepared and carried to one Mr Jones, a Stationer, in the Temple, to have two parts of it engrossed; I do not name the person that carried it, because he was unknown; but the instructions he delivered at that time, were to make two parts of this lease; but not to add the common conclusion at the end of it, which is, [In witness whereof the parties above named have hereunto interchangeably set their hands and seals.] And the reason given by the person bringing the draft why that was to be omitted, was, because the parties might want to add some other covenant; therefore, that was by order of the person that sent him not to be inserted.

This circumstance will afford something very remarkable; for Mr Jones's clerk, Henry Thomas (whom we shall call) did engross two parts of this draft, all in his own hand-writing to the words (In witness whereof); and he will prove, if my instructions are true, that these engrossments were exactly agreeable to the draft brought by this unknown person, who, when they were prepared, fetched them away. It will appear, that these deeds so ingrossed were shortly after executed at Mr Fox's house, one by Mr Fox, and delivered to Mr Ayliffe, the other by Mr Ayliffe, who was then Mr Fox's Steward, and left in the hands of Mr Fox. And as the words (In witness whereof, &c.) were left out by Henry Thomas , so it will appear, that the counterpart, which was left in Mr Fox's hands, was filled up, by the hand-writing of the prisoner.

This will shew two things, that the person that carried the draft of this lease to be engrossed was an agent sent by Mr Ayliffe, and the deeds engrossed by Henry Thomas ( one of which two we shall produce) will be identified by Mr Ayliffe's own hand-writing, added in the conclusion, and filling up that line which was directed to be omitted.

These leases being engrossed, you may well imagine the manner in which they were executed, by a Gentleman that had a confidence in his steward; a steward, who had so considerable a bounty, immediately moving from his master and who could not be suspected at that instant of putting a trick upon him. And I suppose therefore, Mr Fox, on his steward's bringing the leases to be executed, executed them in his house, without ever reading one word of them; yet, however fraudulently Mr Ayliffe had the opportunity of acting, Mr Fox had care enough to have the counterpart left in his own custody.

After this, you will find Mr Ayliffe fell into very declining circumstances; he wanted to borrow money, and applied to William Clewer , Esq; to advance him what he wanted, of whom he frequently had borrowed money before; and Mr Clewer was to have, as a security for the money that he had advanced and was to advance, some estates, that are unnecessary to mention, of the prisoner in Dorsetshire, and likewise a mortgage of this very estate, that had been so leased to him by Mr Fox.

The deed which was so executed by Mr Fox in December, bore date the 27th of November 1758, the rent 35 l. per year, and was witnessed by Fannen and Hobson, who will be called: and upon borrowing this money of Mr Clewer, a security was to be made to him of several estates, and amongst the rest, this estate of Russley Park. And accordingly you will find, upon the 13th of April 1759, in consideration of the sum of 1700 l. Mr Ayliffe made a mortgage to William Clewer , Esq; of this Russley estate; reciting in the mortgage deed a lease that had been made between The Right Honourable Henry Fox and himself, as dated the twenty-second of November 1758, of that estate at 5 l. a year rent; and Mr. Clewer having advanced to the prisoner several sums of money, to the amount of 1700 l. this mortgage-deed was executed to him by the prisoner, by which this Rusley es tate is assigned to him, and at the same time a title-deed, to verify the recital of the lease of Rusley, in this mortgage, was delivered to Mr Clewer by Mr Ayliffe, which we say is a forged lease, being a lease bearing date 22d of November 1758, between Mr Fox and Mr Ayliffe, at 5 l. a year, subscribed H. Fox, and endorsed with the name of the very two witnesses to the deeds that were really executed at Mr Fox's house, bearing date the 27th of November 1758, and at 35 l. a year rent. This was delivered to authenticate the deed recited in that conveyance of the leasehold premises that was made to Mr. Clewer as a security for his money.

It will be proved to you, that at the time of this transaction, which was in the Paper-Buildings in the King's Bench-Walks, at the chambers of one Mr Priddle, Mr Ayliffe desired there might be an oath of secrecy taken by the persons present, not to disclose that he had mortgaged this Rusley estate; an oath of secresy they were surprized at, and refused to take.

I mention this, to shew the reason he gave for it, which was, That he would not for all the world have it come to Mr Fox's knowledge that he had mortgaged this Rusley estate; for, says he, I am sure he will be very angry with me, if he ever hears of it. When he could not bring them to take an oath, then he was forced to depend on their promise, That it should be kept a secret; a secret indeed, the prisoner knew too well it ought to be for his own safety. It will appear in proof, That this lease is every word of the prisoner's own handwriting - The date the 22d, not the 27th, the rent 5 l. a year, and not 35 l. That the name H. Fox was forged, and the names of Fannen and Hobson, the two witnesses to the real deed, will also appear on this deed to have been forged. This lease so being delivered over, and the prisoner still continuing in very distressed circumstances, Mr Clewer had a mind to know (and sent Mr Green to Mr Fox for that purpose), whether Mr Fox would take up the mortgage that had been made to him of Rusley. When Mr Green came to Mr Fox with that proposal, he said, He had no mind to buy it in; and the rent being mentioned by Mr Green, in the conversation, to be 5 l. per year, Mr Fox said immediately, No, Sir, You are mistaken; it is 35 l. - Mr Green then produced the lease, and Mr Fox not having the least idea of that deed's being forged from one end to the other; said, It must be a mistake; but began to suspect that a fraud had been put upon him at the time of the execution, and that the deed he had in his custody might be at that rent too: accordingly he went up stairs to examine it; and when he came down again, said to Mr Green, It is 35 l. a year. Mr Green was a good deal surprized upon hearing it; said, He was afraid Ayliffe was a bad man, and immediately went from Mr Fox; possibly he went directly to Mr Ayliffe, to inform him of it; but, however, Mr Ayliffe was certainly informed of it very soon. And you will find, upon his discovering that it had reached the ears of Mr Fox, from whom he so much wanted to conceal it, and that for very good reasons, as he had been so bountiful a friend to him, he writes a letter to Mr Clewer which we shall produce, and incloses in it a letter, which he desires Mr. Clewer would write to Mr Fox, to disavow it; and to deny that there was any mortgage actually made. This will be very strong evidence, to shew that the prisoner was really sensible that the lease which was delivered to Mr Clewer, and shewn to Mr Fox, would not bear the light.

In regard to the first charge, of actually forging the lease, the circumstance to prove it will be, that it is all of the prisoner's own handwriting. As to time and place, when and where it was is done, it is impossible to know and prove exactly in what secret corner, or in what place, a man does transactions of this nature. And therefore, as to the time when it was done, it must be gathered from this violent presumption, that it was done at the time when the person stood in need of that forgery, in order to receive an advantage by it.

As to the place where this lease was uttered and published, knowing it to be forged, that will be made extreamly clear. It was at the chambers of Mr Priddle in the Paper-Buildings in the Temple; and that it cannot be the real lease executed by Mr Fox is plain, because Mr Thomas will prove the two leases ingrossed by him were of his own hand-writing, down to the words (In witness whereof, &c.) The counterpart produced is so and the rest will be proved to be Mr Ayliffe's hand-writing.

It will be proved also, not to be the same by the prisoner's own declarations to Mr Fannen, one of the subscribing witnesses, near the time of the execution of the deed at Mr Fox's, when the prisoner expressing his joy, and declaring the goodness of his master, Mr Fox, said, that he had got Rusley conveyed to him at 35 l. per year. There is likewise another strong proof of it; Mr Ayliffe had a servant named Lodge, (who will be called) to whom the prisoner delivered that lease which he had of Mr Fox, with some other writings, near the time when it was executed, and then said, Mr Fox had granted him a lease of Rusley at 5 l. per year; but Mr Lodge will prove to you, that he had the curiosity to look into that very deed, and he saw it was 35 l. a year. Gentlemen, these circumstances will be very clear evidence to shew, this lease at 5 l. a year was forged, from his own declaration to Fannen that it was 35 l. per year, and his declaration afterwards to Lodge that it was 5 l. per year, but when the deed was looked into by him, it appeared to be thirty-five pounds.

The lease now produced will be proved to be a lease forged, and wrote by the prisoner, and in order to raise a sum of money, he has made it 5 l. instead of 35 l. a year, which makes a great difference in the rent reserved.

And it will be clearly proved too, that he published this lease with intention to defraud Mr Clewer, who advanced him a large sum of money upon it. These are circumstances which we shall lay before you; and when we have done so, I make no doubt but you will discharge your consciences, and find the prisoner guilty.

Mr Jones called, but not yet appearing.

Henry Thomas sworn.

Thomas. I am clerk to Mr Jones, a Stationer in the Temple.

Counsel for Crown*. Look at this (giving him the counterpart of the genuine lease into his hand) and tell us whose hand-writing this engrossment is.

* The counsel for the Crown were Mr Aston, Mr Serjeant Davy, and Mr Wedderburn; and for the prisoner Mr Serjeant Hayward, Mr Stow, and Mr Lane.

Thomas. This is my hand-writing, as far as the words (In witness whereof).

Q. How came you not to engross the whole?

Thomas. I can't particularly say that; sometimes we leave a blank by the gentlemens desire, perhaps they may add another covenant, or something of that sort, I can't recollect the reason for that.

Q. How many parts did you engross?

Thomas. I engrossed this part, and as it appears by our day-book, another part.

Q. By whose instructions did you engross it?

Thomas. It was brought me by Mr Jones's son.

Serjeant Davy. Now we will prove this to be executed by Mr Ayliffe.

John Fannen sworn.

Fannen. This deed (taking the counterpart in his hand) was executed by Mr Ayliffe in my presence.

King's Counsel. Was there any other deed executed at the same time?

Fannen. There was another part executed by Mr Fox.

Q. Was you a subscribing witness to this deed?

Fannen. I was; and also to the other part executed by Mr Fox.

Q. Had you any conversation with the prisoner after the execution of this lease?

Fannen. I had; but I cannot say, whether it was immediately after, or a day or two after.

Q. Where was it?

Fannen. In my room at Mr Fox's house. I asked Mr Ayliffe, whether Rusley Park was it? he said, Mr Fox had been so good as to it him at the rent of 30 l. or 35 l. a year, I am not sure which, and he expressed Mr Fox's great goodness in so doing.

Prisoner. I should be glad to look at that deed.

Court. You shall see it as soon as it has been read.

Eilis Dawe , sworn.

King's Counsel. Look at the concluding words in this deed, from the words [In witness whereof] He takes it in his hand.

Dawe. I know the prisoner, Mr Ayliffe; these words are his hand-writing.

Q. Look upon the endorsement; I mean the title of the deed written upon the back of it; whose hand-writing is that?

Dawe. That is Mr Ayliffe's hand-writing.

Q. Are you acquainted with his hand-writing ?

Dawe. I am.

Q. Have you seen him write?

Dawe. I have often seen him write.

The lease read, which bore date the 27th of November; and wherein the rent reserved was thirty-five pounds a year.

After which the jury took the lease and suspected it, and then it was shewn to the prisoner.

Mr Aston. My Lord, we will now proceed to prove the publication of the forged deed in question; and for that purpose we will begin with a mortgage thereof, executed by the prisoner to Mr Clewer.

Walter Hargrave , sworn.

King's Counsel. Look upon this deed (giving in the mortgage) see whether your name, upon the back, as a subscribing witness, is of your hand-writing.

Hargrave. It is.

Q. By whom did you see it executed?

Hargrave. By Mr Ayliffe: I saw him seal and deliver it.

Q. Where?

Hargrave. At Mr Priddle's chambers, in the King's-Bench-Walks, in the Temple.

Q. Is your name there, as a subscribing witness to the receipt for the consideration-money, likewise of your hand-writing?

Hargrave. It is: I saw Mr Ayliffe sign this receipt for 1700 l.

Q. At the time of the execution of that mortgage, did Mr Ayliffe deliver any title-deeds to Mr Clewer ?

Hargrave. He did: and this lease (pointing to the forged lease in question) was one.

Q. Do you remember any request being made, and by whom, to keep this mortgage a secret?

Hargrave. Mr Ayliffe desired Mr Bradley, Mr Green, Mr Clewer, and myself, to swear to keep it a secret.

Q. What answer was given to that?

Hargrave. We told him we would take no such oath.

Q. What reason did he give for this request?

Hargrave. Because he said he was not willing Mr Fox should know of it?

Cross Examination.

Counsel for the prisoner. Have you any particular reason for remembering this lease?

Hargrave. Yes: I'll show you, I remember it by this stamp. Pointing to an imperfect blotted country stationer's mark in the margin.

Mr Jones, being come, was sworn.

King's Counsel. Do you remember any person applying to you, the latter end of the year 1758, to get two parts engrossed of a lease of Rusley-park, in Wiltshire, in the name of Ayliffe?

Jones. I did three parts of a lease, Fox and Ayliffe; my clerk Thomas engrossed two of them, and Henzell the other.

Q. Were there any particular instructions given you by the person who brought the draft?

Jones. I can't positively say 'till I see the deed (he takes the counterpart of the genuine lease in his hand) we engross'd this down to the words, In witness whereof; and all the conclusion from those words are of another person's hand; the conclusion was omitted to leave room for something to be added.

Mr Fannen called again.

Court. The last witness says there were three parts engross'd.

L. Ch. Justice. How many did you see executed?

Fannen. There were only two executed the lease and the counterpart; the first by Mr Fox and the other by Mr Ayliffe.

The mortgage deed was then read; in which the forged lease, in question, is recited.

King's Counsel. We will now proceed to prove the lease recited and assigned in the mortgage to Clewer, and delivered to him by the prisoner, to be forged. Mr Fannen, look at that lease.

Fannen. He takes the forged lease in his hand.

King's Counsel. Is your name upon the back of it, as a subscribing witness, of your handwriting?

Fannen. No, it is not.

Q. Look at the name H. Fox set to that deed; is that Mr Fox's hand-writing?

Fannen. No, it is not.

Q. Are you acquainted with Mr Fox's hand-writing?

Fannen. I am: I have been well acquainted with his hand-writing these thirteen years.

Q. Is your name, which is set there as a witness, like your hand-writing?

Fannen. There is an imitation of my handwriting, but it is a very bad one.

Cross Examination.

Counsel for the prisoner. Is your hand-writing always the same ?

Fannen. No, Sir, but as nearly so as possible.

Counsel for the prisoner. Then, what reason have you to say, it is a bad imitation of it?

Fannen. Because it is not like it; it is intended to imitate mine, but compare that with mine upon the counterpart, and you'll see a very great difference.

Counsel for the prisoner. Look at these (producing three several letters) are these your handwriting ?

Fannen. (He takes them in his hand) these are my hand-writing.

They were all three delivered into court.

King's Counsel. Can you positively swear, that your name on that lease is not of your hand-writing ?

Fannen. I do.

Lord Chief Justice. The lease from Mr Fox to the prisoner is dated in November 1758. Was you a witness in that month, or a short time before or after, to any other deed between Mr Fox and the prisoner?

Fannen. No, my Lord, I remember being a witness to this counterpart executed by the prisoner, and to the original executed by Mr Fox, but to no other that year.

James Hobson , sworn.

King's Counsel. Take that lease in your hand (the forged one).

Q. Is the name James Hobson , wrote upon the back of that lease as a witness to the execution of it, of your hand-writing?

Hobson. No, it is not.

Q. Does it appear to you to have been intended to imitate your hand?

Hobson. It was certainly intended to imitate it?

Q. Does it imitate your writing?

Hobson. There are two letters here particularly very bad; the H is much wider than I write it, and the turn of the n is not at all like mine.

Q. Look at the counterpart of the lease. He takes it in his hand.

Hobson. I remember I was witness to the prisoner's executing this counterpart, and to Mr Fox's executing the original.

Q. Was you ever witness to any other deed between Mr Fox and Mr Ayliffe?

Hobson. I do not know that ever I was.

King's Counsel. Was you witness to any other deed in November?

Hobson. I am certain I was not.

King's Counsel. Or December?

Hobson. I do not remember that I was; I don't remember I was to any other deed at all.

Counsel for the prisoner. When was you a witness to this?

Hobson. On the 11th of December.

Counsel for the prisoner. Look at this paper.

Hobson. This is my name; this I saw Mr Fox sign.

Counsel for the prisoner. Look at the name James Hobson , as a witness to that instrument signed by Mr Fox to Mr Ayliffe.

Hobson. (He takes it in his hand). The name is my hand-writing, and the name H. Fox is his writing.

King's Counsel. Whether was you a witness either in the month of November or December, or before or after, to any parchment-deed at all, besides this that you have proved?

Hobson. I do not remember that I was.

King's Counsel. Are you acquainted with Mr Fox's hand-writing?

Hobson. I am.

Q. Do you live with him?

Hobson. I do.

Q. How long have you been acquainted with his hand-writing?

Hobson. About eight years.

Q. Is the name H. Fox to this deed, (pointing to the forged lease) of Mr Fox's hand-writing ?

Hobson. I believe not.

Counsel for the prisoner. Tell us why you think so.

Hobson. Because of the I in the H. (pointing to the first limb of the H, and turn of the x.)

Counsel for the Prisoner. Look at those X's, and tell us wherein they differ from this. Producing some papers signed H. Fox.

Hobson. The turn of the X is carried more round in this than in those of Mr Fox's writing.

Counsel for the prisoner. Do you think it is possible, in the course of a gentleman's signing deeds, to write always just alike?

Hobson. It is possible to write very much alike.

King's Counsel. Do you know what business Mr Ayliffe was formerly?

Hobson. I know no more than that he was a steward to Mr Fox.

Counsel for the prisoner. Have you observed any difference between Mr Fox's signing, when he franks a letter, or when he signs any instrument ?

Hobson. There is a difference.

Counsel for the prisoner. Can you describe that difference?

Hobson. Mr Fox makes his X's different in a frank, from what he does at other times.

Counsel for the prisoner. Look at his name on this paper, is this his writing?

Hobson. (He takes it in his hand) This is his writing.

Counsel for the prisoner. Is that X like the x to the deed? Compare them together.

Hobson. If you look upon them together, you will see a great difference.

Counsel for the prisoner. Look at this paper. (Producing a letter frank'd with Mr Fox's name.)

Hobson. (He takes it in his hand) There is but very little difference except in the X.

Counsel for the prisoner. Is not the top of this I of the H larger? (Shewing him a frank.)

Hobson. It is; but perhaps this may be of the prisoner's own making; for he used to frank sometimes in Mr Fox's name.

The letters and papers were delivered into court.

Samuel Netherton , sworn.

King's Counsel. Do you know Mr Fannen?

Netherton. I do.

Q. Have you seen him write?

Netherton. I have many times.

Q. Look at his name, subscribed as a witness to this lease. ( Shewing him the forged lease.)

Netherton. This is not his hand-writing; the manner in which this is wrote, in regard to the shaping of the letters, is not like his hand. Mr Fannen makes the strokes of his N farther asunder, and rather freer and sharper, and turns the bottom of his J more round.

Cross Examination.

Counsel for the prisoner. Look at this paper; is this Mr Fannen's writing?

Netherton. (He takes it in his hand.) I believe it is.

Counsel for the prisoner. Are the tops of the n's here sharper?

Netherton. The tops of the N in this paper appear to be sharper than those on the parchment. There is more similitude in these two, (looking at two papers) than there is between either of them, and that on the parchment.

L. Ch. Justice. Look on the name John Fannen on that parchment. Do you believe it to be his hand-writing, or not? or are you doubtful?

Netherton. I am not in the least doubtful; it is certainly forged.

Samuel Cox , sworn.

King's Counsel. Are you acquainted with Mr Hobson's hand-writing?

Cox. I am.

Q. Look at this deed. (Shewing him the forged lease.) Is the name James Hobson of his hand-writing?

Cox. It is not.

Q. Are you clear in that?

Cox. I am clear.

Q. Where is your objection?

Cox. I object against the H, the b and the n. Mr Hobson's H's are very narrow. I have had a great many letters from him.

Q. Have you seen him write his name?

Cox. I have. I have no doubt at all but that this is not his hand-writing.

John Calcraft, Esq; sworn.

King's Counsel. Have you ever seen Mr Fox write?

Calcraft. I have very often.

Q. Look at the name H. Fox subscribed to this deed. (Shewing him the forged lease.) Is that Mr Fox's hand-writing?

Calcraft. I do not take this to be Mr Fox's hand-writing; I never saw him make an H like this.

L. Ch. Justice. From your knowledge of Mr Fox's hand-writing, and of writing in general, are you capable of saying whether you believe this to be his hand, or are you doubtful?

Calcraft. From the knowledge I have of Mr Fox's hand-writing, I really believe that this is not his; and I never saw Mr Fox make such an H as this.

George Donisthorpe , Esq; sworn.

King's Counsel. Look at this deed. ( Shew him the forged lease.)

Donisthorpe. I have been acquainted with Mr Fox's hand-writing above 28 years, and I don't take this to be his.

L. Ch. Justice. Do you believe it, or are you doubtful?

Donisthorpe. I am as certain as I can speak of any thing which I did not see done myself, that this is not his hand-writing.

Q. What are you?

Donisthorpe. I have now the honour to be Mr Fox's steward.

Q. Are you acquainted with Mr Ayliffe's hand-writing, as to engrossing?

Donisthorpe. I never saw him engross; but (taking the forged lease into his hand) this deed is not wrote in an engrossing hand.

Q. Whose hand-writing then is it?

Donisthorpe. I am certain it is Mr Ayliffe's hand-writing; and I am sure the name H. Fox is not Mr Fox's hand-writing.

Ellis Daw called again.

King's Counsel. Whose hand-writing is the body of this deed? (Shewing the forged lease.)

Daw. I believe it is Mr Ayliffe's handwriting.

James Dalby , sworn.

King's Counsel. Did you ever see Mr Ayliffe write?

Dalby. I have a great many times.

Q. Look upon the body of this deed. ( shewing him the forged lease.)

Dalby. This is much stronger than his usual writing, but the turn of the letters is exactly the same; I never saw him engross upon parchment.

Cross Examination.

Counsel for the prisoner. Whose hand-writing do you take this to be?

Dalby. The turn of the letters resembles Mr Ayliffe's hand-writing: I have received many letters from him.

King's Counsel to Mr Jones. Look on the body of this deed; ( shewing him the forged lease) whose hand-writing is it?

Jones. This is not the hand-writing of any of my people whom I employ; it is not an engrossment, but very badly wrote.

Q. Are you sure it is not the hand-writing of any person that you employ?

Jones. It is not the hand-writing of any person I employ, or ever did.

Q. Did you ever see any writing like it?

Jones. It seems to me to be the same handwriting with the conclusive part of the deed engrossed at my house.

Q. Look at the words (In witness whereof, &c.) of each.

Jones. I do; they are both alike, and appear to me to be both done by the same hand. I believe them to have been wrote by one person.

Counsel for the prisoner. Both what?

Jones. The whole of one deed (pointing to the forged lease) and the words (in witness whereof, &c.) in the other (pointing to the counterpart of the genuine lease).

Samuel Lodge , sworn.

King's Counsel. Do you know Mr Ayliffe's hand-writing?

Lodge. I do.

Q. Look at the body of this lease (shewing him the forged lease) and say whose hand-writing it is.

Lodge. It has a great resemblance to Mr Ayliffe's hand-writing.

Q. Did not you once live with him?

Lodge. I have been frequently backwards and forwards with him.

Q. Did he at any time in December 1758 acquaint you with Mr Fox's having granted him a lease of Rusley-Park ?

Lodge. I copied a draught to carry to Mr Paterson, and therein left a blank for the rent. Mr Ayliffe told me he did not know what the rent would be. It might be 5 l. a year, or it might be a pepper-corn; I wrote it, and and I believe he carried it, in my own handwriting, to Mr Paterson.

Q. Did he afterwards deliver a lease to you which was executed?

Lodge. Yes: I can't directly say the time; but, I believe, it was in December.

Q. Did he at that time tell you what the rent reserved was?

Lodge. No: not at that time; I looked to see.

Q. What did you find it to be?

Lodge. I found it to be thirty-five pounds a year.

Q. Where did he give it you?

Lodge. He gave it me at Mr Priddle's chambers, or coming from thence; I took and put it in my pocket, and going to a vault, having no waste paper, this being done up in a new'spaper; I took it out to tear off a piece of that paper, and then I had the curiosity to see what the rent of the lease was, and I saw it was thirty-five pounds in words at length; and it was in the same hand-writing as this counterpart is, as high as a person can carry it in his mind.

Q. Did you see any name to it?

Lodge. Yes, there was H. Fox to it.

Q. What was Mr Ayliffe originally?

Lodge. I have known him a great many years; I believe he kept a school.

Q. What school?

Lodge. A writing and reading school, I believe.

Q. Where did he keep a school?

Lodge. At Lineham in Wilts.

Q. Look at this deed and the signature H. Fox; (shewing him the forged lease) whose writing is the name H. Fox subscribed to it?

Lodge. It appears to have a strong resemblance of Mr Ayliffe's hand-writing.

Q. How do you know that? Have you ever seen him write Mr Fox's name?

Lodge. I have two or three times seen him frank letters with Mr Fox's name; and it looks like the command of his hand, though wrote larger than the franks.

Cross Examination.

Counsel for the prisoner. How did the prisoner sign the franks?

Lodge. He used to make the franks in the same manner as Mr Fox does.

The forged lease read and compared with that set forth in the indictment.

L. Ch. Justice. Are the words thirty-five pounds in the reddendum and covenant of the counterpart of the genuine lease in words at length; and is there any razure in either of them in the lease set forth in the indictment?

Clerk of Arraigns. The rent in the counterpart is in words at length, and there is no razure in the other.

King's Counsel. My Lord, we rest it here.

Prisoner's Defence.

It is Mr Fox's hand-writing; that is all I know.

For the Prisoner.

Gabriel Cruse , sworn.

Cruse. I was subpoena'd last Monday, and came up here from the country; I have not been paid for my journey nor expences; therefore, I hope I shall be considered.

L. Ch. Justice. That is never done in cases of felony.

Counsel for the prisoner. Do you know Mr Fox?

Cruse. I do: but I have but very little acquaintance with him.

Q. Do you know of any lease he executed to the prisoner?

Cruse. No: I do not.

Q. Did you ever hear Mr Fox make any declaration concerning any lease he had granted to the prisoner?

Cruse. He said he had agreed to give him a lease at thirty-five pounds a year; and that if he signed one for five pounds a year it was an imposition, that is all, I know of it.

King's Counsel. Explain that?

Cruse. The draft of the lease was thirty-five pounds (as Mr Fox said), but the lease that he had signed he never read it.

Q. Did you at any time see the lease in Mr Fox's hand?

Cruse. No: I did not.

Adam Brown , sworn.

Counsel for the prisoner. Are you acquainted with Mr Fox's hand-writing.

Brown. I am well acquainted with it.

Q. How long have you been acquainted with it?

Brown. About a dozen years.

Q. Here take this deed; (shewing him the forged lease) look at the name H. Fox at the bottom.

Brown. The first glance of it shews me a great aukwardness; it is not Mr Fox's handwriting, but a very bad imitation of it; there is a stiffness in this that I never observed in Mr Fox's writing.

Thomas Bonnell , sworn.

Counsel for the prisoner. What are you?

Bonnell. I am an Attorney.

Q. Look at this deed ( shewing him the forged deed) did you ever see this in Mr Fox's hands?

Bonnell. No, Sir, I never saw it before.

Q. from the prisoner. Did not Mr Fox make some acknowledgment to you?

Bonnell. That was matter of private conversation; Mr Fox asked me if I knew any thing with respect to the lease of Rusley-Park.

Q. Where was this?

Bonnell. I attended Mr Fox at Holland House, he said, Mr Ayliffe had made it 5 l. instead of thirty-five pounds, and seemed then to look upon it not as a forgery, but as a fraud and imposition. He said, he first intended it should be 40 l. a year, but being desirous that he should have it upon reasonable terms, ordered it to be made 35 l. but said, Ayliffe had imposed upon him. That was nearly the sense of what passed at that time.

King's Counsel. When was this?

Bonnell. This was about the latter end of July last.

King's Counsel. Was this before Mr Clewer had shewed Mr Fox the lease mortgaged to him?

Bonnell. It was after that, I think, Mr Fox told me he had seen the deed; but I will not be positive to that, I think he said it was made 5 l. instead of 35 l.

Counsel for the Prisoner. Did Mr Fox treat it as an imposition, or as a forgery?

Bonnell. I believe Mr Fox then thought that the lease he executed was 5 l. instead of 35 l.

Lord Chief Justice, to the counsel for the prisoner. If you build upon Mr Fox's opinion of this matter you may call him as a witness, and have the benefit of his testimony, although they cannot call him on the part of the Crown.

King's Counsel. Mr Fox is near at hand, and will be forth-coming if they desire it.

Counsel for the prisoner. No, we do not desire it.

King's Counsel. Are you sure Mr Fox told you he had seen it?

Bonnell. I think he told me so, but I am not certain.

King's Counsel. Did he tell you any thing of the counterpart?

Bonnell. I think he mentioned it; but to be particular I cannot.

Counsel for the prisoner. My Lord, we now shall call witnesses to the prisoner's character.

Lord Chief Justice. It is clear Mr Fox himself had formerly a very good opinion of him, by employing him as his steward.

Francis Scull , Sworn.

Counsel for the prisoner. Do you know Mr Ayliffe?

Scull. I have known him a great many years, ever since he lived in the parish of Lineham.

Q. What is his general character?

Scull. I ever looked upon him to be a very honest man, I scarcely heard any thing to his discredit, he was steward to Madam Horner; she dying he continued steward to Mr Fox.

King's Counsel. Did he continue steward to Madam Horner to her death?

Scull. I do not know whether he did or not. I have one particular reason to look upon him to be an honest man, he had turned out a servant of Mr Fox's, I applied to him to employ him again; no, said he, I'll employ no person that will not regard the interest of Mr Fox, my honour will not let me do it: for Mr Fox's interest is in question, as several people have complained to me of him.

James Doleman , sworn.

Counsel for the prisoner. Do you know Mr Ayliffe?

Doleman. I do, I have known him a dozen or fourteen years.

Q. What is his character?

Doleman. He had a very good character during that time, that of an honest man, I never heard any thing to the contrary in my life.

John Tucker , sworn.

Counsel for the prisoner. Do you know Mr Ayliffe?

Tucker. I have known him many years.

Q. What is his general character?

Tucker. As far as ever I heard, he is a man of credit and reputation.

Q. Where do you live?

Tucker. I live at Chippenham.

King's Counsel. When you speak of credit, what do you mean?

Tucker. A very honest man.

Q. Don't you know that he was in distressed circumstances?

Tucker. No.

Q. from the prisoner. You have heard what Mr Lodge said here; did not he give me a good character but a week ago?

Tucker. I have heard him give you a good character.

William Bradley , Sworn

Counsel for the prisoner. How long have you known Mr Ayliffe?

Bradley. I believe I have known him about a year and a half, or thereabouts?

King's Counsel. Was you not a subscribing witness to the mortgage-deed executed by the prisoner to Mr Clewer?

Bradley. I was.

Q. Look at that deed, ( shewing him the mortgage) is that your name?

Bradley. (He takes it in his hand.) This is my hand-writing (pointing to his name).

King's Counsel. Do you remember any talk of keeping this mortgage a secret?

Bradley. Yes.

King's Counsel. Was there any mention made of an oath of secrecy?

Bradley. I cannot say that; it was desired to be kept a secret.

King's Counsel. Who desired that?

Bradley. I believe it was Mr Ayliffe's Attorney.

King's Counsel. Did not Mr Ayliffe desire it?

Bradley. I do not remember that I heard him say any thing about it.

King's Counsel. Was Mr Ayliffe by when the Attorney mentioned it?

Bradley. I believe he was.

King's Counsel. What was said?

Bradley. It was said Mr Fox would take it ill, if he knew that Rusley-Park was mortgaged or sold; and he therefore was very desirous it should not be known.

King's Counsel. Who said that?

Bradley. Really I can't say which of them said it; it was spoke when the mortgage was signed.

King's Counsel. Who was the Attorney?

Bradley. Mr Priddle was; I think he repeated those words; but I can't recollect positively who it was.

Q. from the prisoner. Was it in my hearing?

Bradley. I can't say you heard it; you was there when this deed was signed.

Counsel for the prisoner. Is it an uncustomary thing for a mortgagor to desire it might be kept a secret, and not be exposed, that he has mortgaged his estate?

Bradley. It is often desired.

Counsel for the prisoner. Do you think, that if a mortgagee is paid his money, there is any necessity to disclose the mortgage?

Bradley. I should think not.

My Lord Chief Justice then summed up the evidence, and gave his charge to the Jury.

The Jury withdrew, and returned in about six minutes, and brought in their verdict, Guilty . Death .

There was another indictment found against him in Middlesex for another forgery; but being capitally convicted of the one, it was thought unnecessary to try him for the other.

329. (M .) Eleanor, wife of Edward Wallis , was indicted for stealing one sheet, value 12 d. one Copper Sauce-pan, value 6 d. and one smoothing iron, value 6 d. the goods of Susannah Sabbatin , widow, in her ready-furnished lodgings, &c. July 25 . ||

Guilty .

[Transportation.]

330. (M.) Catherine Connell , spinster , was indicted for stealing two silk handkerchiefs, value 6 s. the property of Robert Bird , September 17 . +

Robert Bird . The prisoner lived servant with me about six or seven days, and when she was gone we missed the handkerchiefs: she went away clandestinely.

Q. Where do you live?

Bird. I keep a publick house in Durham-Yard; we found one of the handkerchiefs pawned to a Pawnbroker at the corner of Half-Moon Court for 2 s. I took her up, and before Justice Cox she confessed she had stole them, and had pawn'd that, and sold the other to a soldier.

Prisoner's Defence.

I am not guilty.

Guilty .

[Transportation.]

331. (M.) Ann Harding , widow , was indicted for stealing one linnen shirt, value 2 s. two pair of sheets, value 4 s. and one blanket, value 18 d. the property of Benj. Legoe , Mar. 29 . +

Benj. Legoe . The prisoner lived servant with me, and went away without my knowledge. A young man that lived at my house was sick, and he had given the prisoner a shirt to pawn. I went after the prisoner was gone away to the Pawnbroker's to take the shirt in my own name, and the Pawnbroker brought down a shirt of mine, which he said the prisoner had pawn'd there. I went home, and by searching we missed several things. We took up the prisoner, and she own'd she had pawned that shirt of mine, and where she had pawn'd one sheet, and that she had sold a blanket for 18 d. to a stranger. I went with her to the pawnbroker, and he delivered to me the sheet.

Margaret Legoe . I met the prisoner last Monday morning; there was one of our journeymen with me; we stopp'd her, and I call'd for an officer. She said, do not put me in an officer's hands, I'll go along with you. She came with me home, and upon being charg'd with taking these things, she own'd she took the blanket from my bed, and sold it in Rag-Fair. She took me to a Pawnbroker where she had pawn'd the sheet in her own name for half-a-crown, which was delivered to us, the sheet and shirt produc'd, and depos'd to.

Prisoner's Defence.

I own I pawned these things, but no more.

Guilty .

[Transportation.]

332. (M.) Anne, wife of Thomas Lewis , was indicted for stealing four yards of Dimity, value 4 s. the property of John Jones , September 25 . ||

Thomas Griffith . I live with Mr Jones, a linen-draper in Bridge-Street, Westminster , about five or six o'clock in the evening, on the 25th of September, my master being confined to his room, and only mistress and I in the shop, the prisoner and two other women came in; and by their manner of buying I had some suspicion they had no good design; they bought some check. This piece of dimity lay in the window; the prisoner draw'd it nearer to her; I kept a good eye on her, and while I went to the other end of the shop, the dimity was gone from the place where it lay.

Q. How did the prisoner draw it!

Griffith. I saw her draw it near her, and lay her elbow upon it.

Q. Did you know her before?

Griffith. I did; she had us'd to come to our shop, and we had missed things several times. I observed her to shuffle something about her stays; I guess'd she had it there. There was another woman in the shop, she had bought something and she went out, I stepp'd after her, and told her the case, and desired her to go back, which she did; then the prisoner went out, and I after her, and brought her in again; I charg'd her with taking the dimity, and she took and threw it over the counter.

Anne Jones , I am wife to the prosecutor; the prisoner came into our shop on the 25th of September, between five and six in the evening; my apprentice sold her to the value of a dozen shillings. She wanted to look at something else. My young man came and trod on my toe, not to show her any thing; then she went out, and he after her, and brought her back, and she took this remnant of dimity, which she had somewhere about her, and threw it over the counter.

Elizabeth Dennis . I was at Mr Jones's and had bought a little bit of cloth. I went out, and this young man came out after me, and told me one of the women that were in the shop had taken something; I stepped back with him; then the prisoner went out, and he after her, and brought her back, and I saw her fling the piece of dimity over the counter.

Q. Was you in the shop before the prisoner and the other that came with her?

Dennis. They were in the shop when I came in.

Prisoner's defence.

I have lived eighteen years in the parish, and have changed hundreds of pounds in Mr Jones's shop to pay the men; my husband is foreman to a great master-builder; he is gone away for another person's debt; and since he is gone my senses have fled away, my Lord, my King, and my God. I have been trusted with a thousand pounds to pay 150 men, my Lord, and my King; ask Mrs Jones, if I ever wronged her of any thing in the world.

Mrs Jones. I beg to be excused answering that question; for I can say nothing to her advantage, I am sure.

Guilty .

[Transportation.]

333. (L.) Daniel Cade was indicted for stealing one pound and three ounces of Green Tea, value 6 s. the property of . In their ware-house , Aug. 30 . +

William Bowlderson . I am a servant to the East-India Company, and belong to the warehouse in Lime-street ; the prisoner was in the same employment as I was, to show the tea; there was a show of tea in September last; I saw the prisoner put his hand into a chest of tea, and then put his hand into his pocket several times; I acquainted Mr Wells, my superior officer, of it; and he acquainted Mr Penny with it; then he sent the prisoner down, and he was search'd; the prisoner said, he he had a rupture, as something stood out. Mr Penny desired him to open his breeches; which he did; and I saw the tea taken out. He was taken before my Lord-Mayor; and there, in my hearing, he acknowledged he was guilty of stealing the tea.

Mr Penny. I took this tea from the prisoner. Produc'd in Court.

Q. What pocket did you take it from?

Penny. I took it from out of the fore-part of his breeches, under his waistcoat.

John Thompson . I was before my Lord-Mayor when the prisoner was charged with this fact, and heard him confess that he took the tea.

Prisoner's defence.

I know nothing of it.

To his character.

John Tolow . I have known the prisoner upwards of thirty years; I never heard any thing of him but that of a very honest man 'till now; he lived in two places upwards of twenty years, and had plate and things under his care; he lived there to the death of the master and mistress.

Mr Redhead. I have known the prisoner forty years; I am a Baker.

Q. What his his character?

Redhead. I never heard any thing bad of him.

Mr Wilkerson. I have known him thirty years and upwards; I never heard any thing amiss of him.

Benjamin Pryor . I have known him eleven years; I never knew any dishonesty by him before this.

Lawrence Deripine . I have known him seventeen or eighteen years; I never heard any thing amiss of him in my life before this.

Martha Wilson . I have known him about twenty-eight years; he was once Steward and Butler to Sir Jeffery Palmer; I lived there with him nine years; no man bore a better character.

Mr Alderton. I have known him thirty years; he was a very honest, sober, man; I never found him otherwise.

Guilty 10 d.

[Whipping.]

334. (L.) William Neal was indicted for stealing two yards of serge, value 2 s. two yards of mohair fringe, value 2 s. 6 d. and one yard of dowlass, value 10 d. the property of James Benswell , October 2 . ||

James Benswell . I am a Sadler , and live in Bartholomew-lane; the prisoner at the bar work'd with me as a journeyman ; I miss'd several thing; I suspected him; I search'd his lodgings, and found the things mentioned in the indictment. I took him before Mr Alderman Cokayne, and there the prisoner confess'd he took them from me. Produced in court and deposed to.

Joseph Manwaring and Mr Seagood confirm'd that of the prisoner's confession.

Prisoner's defence.

I ask his pardon; this was the first offence.

Guilty .

[Transportation.]

335. (L) Mary, wife of - Hulls , was indicted for stealing five yards of silk for handkerchiefs, value 4 s. 6 d. the property of John Sage and John Turner , October 15 . ||

The prisoner went into the prosecutor's shop, and asked to be shewn some Mechlin-lace; she was seen to take the piece of silk mentioned in the indictment, and put it under her cardinal; after she went out, she was followed and brought back, and it was found upon her.

Guilty .

[Transportation.]

336. (M.) Rachael Brown , spinster , was indicted for stealing one silk handkerchief, value 1 s. one silk apron, value 4 d. and one cotton handkerchief, value 6 d. the property of Bridget Folger , spinster . October 14 . ||

Margaret Folger . I live in Long-acre; the prisoner and I went partners in hiring a room to live in.

Q. Were you partners in business?

Folger. No. I never knew her above eight weeks; last Saturday was se'nnight I missed a handkerchief, and some other trifles. I told her, I had missed such and such things. She said, She knew nothing of them. I got a warrant and took her up; after that, she owned she had taken the things mentioned in the indictment, and had pawned them at Mr Fryer's in Wych-street, for 3 s. or 3 s. and 6 d.

Q. Did she live with you then?

Folger. Yes. This was a week after I missed them.

Q. How came you to let it pass so long?

Folger. I told her, If I had but the things I would let it pass.

John Fryer . I am a Pawnbroker. On the fifteenth of this month, the prisoner brought a black silk handkerchief called Catgut, and a black silk apron and handkerchief, and pawned with me for 3 s. and 6 d. she said, they were her own property. She said, she lived in the street where I do. But I never saw her before.

Prisoner's defence.

I came in in a hurry one night, and thought the things were my own, when I took them away.

Q. to Prosecutrix. Had the prisoner such a Catgut handkerchief, or silk apron and silk handkerchief like your's?

Prosecutrix. Not as I ever saw.

Guilty 10 d.

[Whipping.]

337. (M.) Anne, wife of William Humphrys , was indicted for stealing one cambric apron, value 6 d. one muslin handkerchief, value 6 d. five linnen caps, value 2 s. and 6 d. one pair of linnen sleeves, value 4 d. the property of Ann Johnson , spinster . October 3 . ||

Guilty 10 d.

[Whipping.]

William Norman capitally convicted in July sessions; and John Raice , James Innis , and Richard Lamb , captially convicted last sessions, were executed on Wednesday the third of October.

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