Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 October 2014), December 1759 (17591205).

Old Bailey Proceedings, 5th December 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 5th, Thursday the 6th, and Friday the 7th, of DECEMBER.

In the Thirty-third Year of His MAJESTY'S Reign. NUMBER I. for the YEAR 1760. Being the First SESSIONS in the MAYORALTY of The Right Honourable Sir THOMAS CHITTY , Knt. LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by G. KEARSLY (Successor to the late Mr. Robinson ) at the Golden-Lion, in Ludgate-Street, 1759.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, and Oyer and Terminer, for the City of LONDON, and at the General Sessions of Gaol Delivery of Newgate, holden for the said City of LONDON, and County of MIDDLESEX, at Justice-Hall in the Old-Bailey, &c.

BEFORE the Right Honourable Sir THOMAS CHITTY , Knt. Lord-Mayor of the City of London; the Hon. Sir JOHN WILLES , Knt. Lord Chief Justice of His Majesty's Court of Common-Pleas *; the Honourable Sir MICHAEL FOSTER , Knt one of His Majesty's Justices of the Court of King's-Bench +; the Honourable Sir RICHARD ADAMS , Knt. one of the Barons of His Majesty's Court of Exchequer ||; the Worshipful Sir WILLIAM MORETON , Knt. Recorder of the City of London ++; and others of His Majesty's Justices of Oyer and Terminer for the said City.

N.B. The Characters * + || ++ direct to the Judge, by whom the Prisoner was tried; also (L.) (M.) by what Jury.

London Jury.

George Fowler

William Fell

John Seagood

Gerrard Crawley

George Gosling

John Ireland

William Faithing

Edward Stanley

Paul Verges

Robert Pease

Thomas Bark

Benjamin Dutton

Middlesex Jury.

John Spencer

Henry Russel

John Gilbert

Jason Harris

William Cobbet

Peter Thomas

Benjamin Cotes

William Flanebrough

William Dickens

John Jacques

John Wharton

John Jackson

1. Rebecca, wife of James Weech , was indicted for stealing one silk gown, value 5 s. two cloth garments, value 2 s. three yards of lawn, value 2 s. two silver buckles, value 12 d. one cotton apron, one pair of steel snuffers, three handkerchiefs, four holland pillowbiers, one diaper tablecloth, and 3 s. and 3 d. in money , the property of Rebecca Backhouse , October 17 .

To which she pleaded guilty .

[Transportation. See summary.]

2. (L.) Elizabeth Morris , spinster , was indicted for stealing one pound and fourteen ounces of fine thread, value 20 s. and twelve dozen of ivory combs, value 10 s. the property of James Whitworth and William Alchorn , privately in their shop , November 12 . ++

James Whitworth . My partner's name is William Alchorn ; we are haberdashers , and live in Leadenhall Street . I saw the prisoner in our shop on the 12th of November last, between five and six in the evening; she bought a hat and some ribbon.

Q. Did you know her before?

Whittworth. No; I never saw her before to my knowledge: I did not miss any thing then ( this was on a Saturday) but on the Wednesday morning following I received a letter from Mr. Griffice, my comb maker, who lives on the other side of the water, the contents of which were,

"That a woman was stopped with some combs of the very sort that he had sold to me the Saturday before.

"I went as directed to the constable, where I found twelve dozen of ivory combs, and a pound and fourteen ounces of fine thread. The prisoner was then in custody: I did not see her till she was carried before Sir Richard Glynn , where she was charged with stealing the goods mentioned.

Q. Whose goods were they which you saw in the hands of the constable?

Whitworth. They were our property. The prisoner did not directly deny taking them, but made some frivolous excuse. (The goods produced in court.) Here is my hand-writing and my partner's on the papers that are about the thread; the thread was a little dirty, and it was laid by to be dyed.

William Hutchins . I am a constable, and was sent for by Mr. Nugent, at the Nag's head in Cheapside, when I was told that the woman they had got there had been attempting to rob the larder where they keep the victuals. I laid hold of her (the prisoner at the bar) and found she had got a parcel of things in a handkerchief, amongst which was this parcel of ivory combs mark'd with a shopkeeper's mark; some of them were loose down her bosom. In the handkerchief also was this parcel of thread. She said she bought the combs of a comb-maker on Snow-hill. I sent a person thither with some of them, who return'd and said they were not made there, but was directed to Mr. Bowers, near Aldgate. I asked the prisoner where she had the thread, who said she bought it in the street. Then I secured her, advertised the goods, and went to Mr. Bowers; he sent me to Mr. Griffice, who said the combs were of his make, and sent to the prosecutor's.

Prisoner's Defence.

I am not guilty of the fact laid to my charge.

Guilty, 4 s.

[Transportation. See summary.]

3. (L.) Elizabeth Hughes , spinster , was indicted for stealing one muslin gown, value 10 s. the property of Robert Mandavill , Nov. 20 . +

Robert Mandavill . I only swear to the gown, [producing it] but here is an evidence who saw it taken upon the prisoner.

Q. What was the prisoner?

Mandavill. She was my servant, and was going away when it was found.

Alice Boone . I am one of the prosecutor's family. The prisoner was going away, and as we had missed two or three trifling things, we thought proper to search her box, and upon opening it this gown was found in it. I charged her with taking it, and she owned she took it out of my mistress's drawer.

Q. Was her box lock'd?

A. Boone. It was.

The prisoner had nothing to say in her defence.

Guilty, 4 s.

[Transportation. See summary.]

4. (M.) Jane Charlton , spinster , was indicted for stealing one pair of stays, value 4 s. and one callimanco petticoat, value 7 s. the property of Anne Watkins , spinster , Nov. 17 . +

Anne Watkins . I missed the things mentioned in the indictment, on a Saturday night in November, about an hour after they were taken away; the prisoner was taken up on the Monday following, when she owned she had taken them, and took me to Mr. Rotchford's, a pawnbroker, where we found them.

Walter Rotchford . I took in these stays and petticoat of the prisoner at the bar [producing the stays deposed to by the prosecutrix.]

Q. What account did the prisoner give of herself when she brought them ?

Rotchford. She said she had but just taken them out from another place, and was obliged to pledge them again.

Q. When did she bring them?

Rotchford. On the 17th of November, just about candle lighting.

Prisoner's Defence.

A young man and woman lived at the prosecutor's house, up three pair of stairs; they quarrelled and parted, and he cut her cloaths to pieces. He desired me to come and make it up between them. I went, and staid drinking there till about ten o'clock at night. Having drank plentifully, going out of the room, saw the lace of the stay hang down upon the stairs; I laid hold of it, and down came the stay and petticoat with it. I took them up, put them into my apron, and took them away. She came to me afterwards, and I owned where they were.

Prosecutrix. The pawnbroker would not let me see the petticoat, except I would first pay the money it was pawned for.

Court. Mr. Rotchford, your shop should be open to all customers; this is a misbehaviour; you ought to shew people their goods when they come for them.

Guilty .

[The court ordered Mr. Rotchford to deliver the petticoat to the prosecutrix, without receiving any money for it.]

[Transportation. See summary.]

5. (M.) Mary Butterfield , widow , was indicted for stealing twelve silver handle knives, and twelve silver handle forks, two silver spoons, and a pair of sheets , the property of Thomas Cooper , October 17 +.

Thomas Cooper . On the 17th of October last I lost the knives and forks, and had no intelligence who stole them till three or four days after. [The knives and forks produced in court, and deposed to.] I apprehended the prisoner in Shug Lane, and took her before justice Fielding.

Q. Had she been your servant ?

Cooper. No; I knew her before, but I never heard she was guilty of any misbehaviour of this sort before. She went very willingly with us to the sign of the Green Man and French Horn in Covent Garden, where she confessed she had pawn'd them, and for how much. I told her there were three sheets missing. She said there were but two sheets missing, and that she ought to know best.

Q. Where were the knives and forks, and spoons pawned ?

Cooper. They were pawned to Mr. Andrews and Mr. Hunt.

Q. Where do you live ?

Cooper. I keep the King's Arms at Kensington.

Philip Andrews . The prisoner pledg'd these knives and forks with me on the 18th of October.

Q. What account did she give of herself?

Andrews. I knew her near a year before; she had pledged some of her own wearing apparel with me before, such as aprons, stays, and other things. She asked me but six shillings on the knives and forks. I asked her who was the owner. She said they belonged to one Mr. Groves, who belongs to the king's kitchen at Kensington, and he had desired her to pledge them with whom she pleased, for his conveniency when he came to town. She gave an account also where he lodged. I not being satisfied about her account, sent to Kensington Gore, to know the truth of it; but seeing them advertised in the paper on Monday morning, I sent to justice Fielding, and he ordered me to come when the prisoner was examined.

William Hunt . The prisoner brought one silver spoon to me on the 20th of October, the other on the 23d; I took them both in, and asked her if they were her own property. She had some wearing apparel in pawn, which she took out, and left one of the spoons for them; on the other she had eight shillings. [The spoons produced and deposed to by the prosecutor.]

Prisoner's Defence.

I went to Mr. Cooper's on the rejoicing night, and called for a pint of beer; there came in a gentleman, like a serjeant, and joined company with me. After we had drank pretty late, Mr. Cooper insisted on my staying at his house all night. He took a hammer and chissel and broke open a door to let me in, that his wife should not know of it, she being upstairs, and put me to bed, where he kept me all night, till four o'clock. He gave me these things, in order to make money of for the present, and said he would let me have money to fetch them again; but I have no witnesses of it; there were only he and I together.

Guilty .

[Transportation. See summary.]

6. (M.) William Budd was indicted for stealing one chesnut colour'd mare, value 10 l. the property of Oliver Wright , Nov 9 .*

Oliver Wright. I live at Litherworth in Leicestershire . I lost a chesnut colour'd mare out of a close near my habitation, between the 3d and 4th of November last. I advertised her in the Daily Advertiser, by which means I found her at the Red Cow in Whitechapel, the house of Robert Cheddick , who had stop'd her on the Monday was seven-night after I lost her. She is now in my custody. I saw the prisoner before justice Fielding, but he did not confess any thing in my hearing.

Robert Cheddick . I keep the Red Cow in Whitechapel. I seeing the advertisement, took the Advertiser in my hand; having a mare in my stable, I went there, and found she exactly answered the descriptions. I sent the prosecutor a letter the same day, being the 10th of November; but I cannot say who brought her. Then I ordered my servant Leycock not to let her go out of the stable. He told me he had bought her. Then I ordered him to look for the man he had bought the mare of, and on the Sunday, about three or four o'clock, he sent me word he had found him, and that he was in custody of the constable in Spital Fields. I went there, and saw him; it was the prisoner at the bar, who fell a crying.

Q. Is this the same mare that the prosecutor has sworn to?

Cheddick. It is.

Q. What did your servant say he gave for her?

Cheddick. He said he gave two guineas for her.

Joseph Leycock . I was hostler to the last witness, and bought the mare.

Q. Did you know the prisoner before you bought this mare?

Leycock. I did not.

Q. Where did you buy her?

Leycock. In Smithfield, on the 9th of the last month; I bought her of the prisoner at the bar for two guine as.

Q. What did he ask for her?

Leycock. He did not ask much more for her.

Q. How much did he ask?

Leycock. He asked me six guineas.

Q. Did not you suspect her to have been stoln?

Leycock. No, I did not. The prisoner said he had her three years. I took her to my master's stable.

Q. Did you hear the prisoner own any thing?

Leycock. I did not.

Prisoner's Defence.

I bought the mare upon the road as I was coming up. I gave a guinea for her on the Monday morning, and sold her again on the Friday.

For the Prisoner.

Peter Ray . I live in Spital-Fields, and keep a chandler's shop: I have known the prisoner about three months before this affair happened.

Q. What has been his behaviour for that time?

Ray. I have trusted him in my house, where I have silver and gold, and I never lost any thing by him.

Q. How came he into your house ?

Ray. On buying things that he wanted. I have left him alone for the space of fifteen minutes together, and have heard he came of very honest parents, at Litherworth, in Leicestershire.

David Cram . I live in Spital-Fields, and am a barber and peruke-maker. I have known the prisoner between two and three months: He work'd at a loom in my back room, in which he weaved silk and worstead; he lodged in my house about two months, and always behaved very honestly with me. My wife and I have trusted him with every thing in our house when we have gone out, and never missed a farthing; he always came in at good time on evenings.

Guilty, Death . Recommended .

7, 8. (M.) John Hudson , and Jane his wife , were indicted for stealing one pair of linen sheets, value 6 s. one tablecloth, value 18 d. one pewter dish, and two pewter plates , the property of Catherine Osborn , widow , September 30 *

Catherine Osborn. I keep a slop shop in St. Catherine's , and I let the two prisoners a lodging at two shillings per week. I lost the things mentioned in the indictment out of the room. I took the prisoners up on suspicion, when the woman confessed to me that they were at a pawnbroker's in East Smithfield, whose name is Robert Ashbridge , and that she had taken and pawn'd them there at several times. I went there, and got them again.

Robert Ashbridge. The goods mentioned in the indictment were brought and pledged with me by the woman at the bar in June and July last: I have known her five or six years.

Jane Hudson 's Defence.

I shewed the prosecutrix where the things were, and she made it up with me; she knew I did it for want. I was a month in her house afterwards, and at last she shut the door and turned me out with my children into the street. I never was guilty of pawning any body's things before.

Both Acquitted .

9. (M.) Robert Blasby was indicted for stealing one silver watch, value 40 s. in money number'd, and one half guinea , the property of William Potts , November 13 .*

William Potts. I live in Clerkenwell at present, and follow no business; I am very infirm, and can't help myself to and from bed. The prisoner at the bar put me to bed on the 13th of November last; my watch was then in my breeches pocket, and also my money. In the morning, at putting on my things, the watch and a half guinea were missing from out of my breeches, which had been laid under my head. I had a suspicion of the prisoner taking them, because he had once before taken my watch away in a joak. I had a warrant to take him up, and he surrendered himself last Monday.

Q. Did he confess any thing ?

Potts. No, he did not; I never have seen my watch since.

Sarah Skelton . I live at the Albemarle's Head in Clerkenwell, where the prosecutor lodges. My mistress having a suspicion of the prisoner, because he had taken the watch once before, she sent me upstairs to listen what past when he was putting the prosecutor to bed. I went up, and heard. Mr. Blasby say to him, "D - n you, you was jealous of my stealing your watch before, but I will take it to-night, and what then?"

Q. Do you know that he did take it?

S. Skelton. No, I do not; it was missing the next morning: My mistress called me down the instant them words were spoken.

Joseph Lodge . William Potts lodged in my house, whom the prisoner put to bed some times; he did so that night; the watch and money were missing the next morning. Before the prosecutor went to bed he had two half guineas in his pocket, which I saw. I got him up the next morning, and as I was putting on his stockings, and the thing belonging to his wooden leg, I missed his watch string, so asked him about it. He said he had it in his breeches the over night. Then I said, I'll see if your money is safe; I looked, and a half guinea was missing.

Q. What is the prisoner?

Lodge. He is a shoemaker , and lives in the neighbourhood.

Acquitted .

10. (M. ) John Hosley was indicted for stealing sixteen deal boards, value 5 s. the property of Edward Gray , October 17 . ||

Francis Bailey . I am servant to Mr Edward Gray , who had three or four hundred deal boards for scaffolding at buildings that he was about; there was one in Bloomsbury Square: I know the boards mentioned in the indictment are Mr. Gray's property, but it is impossible to say where they were taken from; I have seen them.

Q. Where did you see them?

Bailey. I saw them at a chandler's shop in Parker's Lane, the latter end of October; they had been used for scaffolding.

Q. What is the man's name where you saw them?

Bailey. His name is Wright; it is not far from Bloomsbury Square.

Q. How many boards did you see there?

Bailey. I believe I saw nine there, but there were but six of Mr. Gray's, which were ten or twelve foot long; some mark'd T.G. and some E.G. which is his father's name. When the prisoner was before justice Welch, he asked him how he came to take the boards away? He replied, they were old boards, and but of little use.

Q. When was this?

Bailey. This was about five or six weeks ago.

Q. Can you tell whether they were boards belonging to the scaffold ?

Bailey. I cannot tell whether they were fixed or lying loose; we have many lying loose on the scaffold; this I know, they were scaffolding boards, and my master Mr. Gray's property.

Warren Wright . I bought the boards of the prisoner at the bar.

Q. Where do you live?

Wright. I live in Parker's Lane, and keep a chandler's shop. A labourer who lodged at my house told me these boards were the property of Mr. Gray. Then I sent for Mr. Bailey, who came, and said they were his master's.

Q. How came you by them?

Wright. I believe I bought them of the prisoner at the bar, who brought them to me by two at a time.

Q. At what time of the night did he bring them?

Wright. He brought them between seven and eight at night.

Q. Did you ask him how he came by them?

Wright. No, I did not the first time.

Q. Did you the second ?

Wright. No.

Q. Did you know him before?

Wright. No; the second parcel that he brought I found were marked; then I inquired about them; the first two parcels were fit for nothing but to burn. He told me they were old flooring board, which he had from a house where he was at work.

Q to Bailey. What sort of boards were they, new or old?

Bailey. Some of them had been but little used.

Q. to Wright. What did you give for them?

Wright. I gave a groat a piece for them.

Q. to Bailey. What are they worth a piece?

Bailey. They are worth 14 d. one with another.

Prisoner's Defence.

I thought they were all old flooring boards.

Guilty .

[Transportation. See summary.]

11. (L.) Mary Dolling , spinster , was indicted for stealing one pair of single channel pumps, value 4 s. 6 d. the property of Timothy Smith , November 8 . ++

Timothy Smith . I am a shoemaker , and live at the Crown and Slipper in Ludgate Street. The prisoner at the bar came into my shop on the 8th of November, about dusk, and asked to see a common pair of shoes for herself; but I had none that would suit her. Then she wanted me to make a pair for her against the next night. After that she went away, and upon a lower shelf I missed a pair of pumps, which made a vacancy. I had lost four pair of shoes from that shelf a little before. I went out, and just by Ludgate I stopped her with this pair of pumps in her apron. [Produced in court, and deposed to.] I took her before the alderman, where she did not deny taking them, neither when I took her.

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

12. (L.) William Matthews was indicted for stealing six guineas, the money of John Macquistin , in the dwelling house of the said John , November 5 .*

John Macquistin. I am a turner , and live in Newgate-street . About a fortnight before I took the prisoner up, which was on the 5th of November last, I was suspicious of somebody in my house robing me, having lost 5 or 6 guineas out of a bag lock'd up in my own chamber, which is up two pair of stairs; but as to the money in the bag I was not quite certain of the sum, only I supposed myself deficient 5 or 6 guineas. I thought it necessary to come to a certainty, so I put exactly 18 guineas and a 36 s. piece into the same bag, lock'd it up in the same drawer, and let it lie there a week, and when I went to look at it, there were but 14 guineas and the 36 s. piece, but I found the drawer lock'd as usual. After that I thought I must take some method to know the money again, so I put in 15 guineas, 2 half guineas, 2 36 s. pieces, and 2 moidores, to the amount in all of 22 guineas; I put it down on a piece of paper, and marked each piece with a small cross on the standard side, and determined to look at it 2 or 3 times a day. The money was all safe on the Sunday night. The prisoner came to work, as a journeyman, on Monday morning, and went away in the evening. I had look'd. and found my money right in the morning, and also in the afternoon, but at going to bed at night there were only 20 guineas; two were missing, and the drawer lock'd.

Q. Did you put this money to the other, or by itself?

Macquistin. I put the 22 guineas there, and took the other money away. On missing the 2 guineas, I challenged my maid with it, who declared herself innocent; then I suspected the prisoner, so went with a constable to his lodgings, and charged him, but he denied it. The constable searched him, and found 2 guineas upon him which were my property, and of my own marking, as the others were [the two guineas produced, and inspected by the court and the jury.] I have some of the others in my pocket to compare, if the court pleases.

Q. Did he confess any thing?

Macquistin. I don't know he spoke a word all the way he went to the compter, he never confess'd any thing.

Cross Examination.

Q. Where have the two guineas been since that time ?

Macquistin. After he was committed the alderman order'd me to take them.

Council. I should have thought them to have been order'd into an indifferent person's hands.

Macquistin. They were order'd into mine.

Q. Is the constable here?

Macquistin. He is.

Q. Was not the prisoner your apprentice?

Macquistin. He had been.

Q. Had he serv'd his time out?

Macquistin. He had 22 Months to serve when I had him discharg'd from me.

Q. Was not there a quarrel between you and him?

Macquistin. If you urge me to do it, I shall tell the truth.

Q. Pray speak out the whole matter?

Macquistin. Then the reason why I discharg'd him was, about a month before, he went out in the hight and left the door open, and I was alarmed by my door being open in the night.

Q. Had he rob'd you of any thing?

Macquistin. No, he had not as I know of; but I thought that as he had got this method of opening the door and going out, I was not safe in my person or property, so I was determined to get rid of him.

Q. Did he ever go out and leave your door open at any other time?

Macquistin. I know of no other time than that.

Q. Do'nt you think it possible that a person in going out might accidentally in pulling the door after him leave it open?

Macquistin. He might, but I think he had no reason for going out of my shop.

Council. This shews you had a great dislike to him from this single instance, which might be purely accidental.

Macquistin. Supposing I had been rob'd, who should I suspect but the person who went out of my house?

Q. What sort of a character did you give him before the alderman when you was there?

Macquistin. The alderman was not there, his clerk was. I told him that the prisoner had gone out of my house and left the door open, and I could not think myself safe in my own house.

Q. Did you not say you thought the prisoner to be a very honest man?

Macquistin. I did say, I did not know that he rob'd me.

Q. What sort of a place was this money taken out of?

Macquistin. From out of a drawer of a double chest upon chest; I always lock it, and put the key into a buroe and lock it up there.

Q. Was the lock broke?

Macquistin. No, it was not.

Q. When you went to enquire for the prisoner, did he offer to secrete himself?

Macquistin. He was thunderstruck; it was near twelve o'clock at night when I went to him. I laid hold of his collar directly.

Q. Who did you see before you saw the prisoner in that house?

Macquistin. He was the very first person I saw; I called out and asked if Will was at home, that being his name. The mother (as I thought) called, and said he was. I have heard since it was somebody else that lodges in the house, not his mother. I told her he must come to work in the morning, I had a job to do; then he appeared, and I laid hold of him.

Samuel Lane. I am a constable. I searched the prisoner, and found two guineas and six pence upon him. I said to his master, here are two guineas, do you know this money. He looked on them, and said here is my mark on both of them, and I will swear to them as part of my money, taken out of my drawer.

Q. did you look at the marks?

Lane. I did, and saw them; these are the two guineas here produced.

Q. Did you hear the prisoner confess any thing?

Lane. No; I did not.

Prisoner's Defence.

I kick'd a piece of paper before me, and took it up; there were two guineas in it, which I put into my pocket: this was in my master's house.

Guilty, 39 s.

[Branding. See summary.]

13. (M.) Catherine May , otherwise Castost , widow , was indicted for stealing 26 guineas, one half guinea, one 36 s. piece, and one moidore , the money of John Watson , Nov. 3 .*

John Watson. I live in King street, Grosvenor-square. Happening to be in liquor, I was pick'd up by some bad women, went into a house with them on the 2d of November at night, and was rob'd of upwards of 30 l.

Q. What sort of money was it?

Watson. There were 26 guineas, a 36 s. piece, a moidore, and half a guinea.

Q. Where was you pick'd up?

Watson. I was at Smithfield market that day, but at three o'clock next morning I found that I was in Swan yard, opposite Somerset-house.

Q. Was you in a house?

Watson. I was, but not in a bed.

Q. How came you there?

Watson. I do not know, neither do I remember a step of the ground as I went; I was very much affrighted to think how I came there. Looking about me, in a court or yard I saw a light through the sash: Then there came a watchman with a woman, and opened the room door; I had the candle in my hand. The woman came to me, and said, "Get you gone, you have been robbing the house, and if my husband comes home, you will get knocked on the head, or something or another."

Q. What was her name?

Watson. Her name is Sarah Brown . I seeing the watchman, said, Honest watchman, I do not know where I am, if you will shew me my way, and tell me where I am, I will give you a pot of beer; I put my hand into my pocket, and had not a farthing there. After that I saw another watchman, whom I charged with the woman, named Brown. Then she said Catherine May was the woman that she had left with me in the room.

Q. Can you tell who took your money?

Watson. I do not swear to Brown, nor the prisoner neither.

Q. Have you got any of it again?

Watson. I have got ten guineas that were taken out of Catherine May's pocket, which she owned before the justice to be my property.

Edward Gaul . About three or four days after this, I was informed that the woman at the bar was at an alehouse in Drury Lane, where I w ent, took her, and had her before justice Fielding. I searched her, and found ten guineas in her pocket.

Sarah Brown . I did live in Swan Yard, at a lodging, and have known the prisoner about a week or a fortnight; the prosecutor was in my apartment on a Friday night.

Q. Who brought him there?

S. Brown. Mrs. May happened to bring him in.

Q. Who is Mrs. May?

S. Brown. That is the prisoner at the bar. She lodged in a garret at a shilling per week, and I, out of good-nature, let her be in my room.

Q. What time did she and the prosecutor come in?

S. Brown. I believe it was between nine and ten o'clock, or eight and nine; I do not know which.

Q. What did she bring him there for?

S. Brown. I do not know; I saw nothing disagreeable there.

Q. How long did they stay?

S. Brown. I really do not know, for I was backwards and forwards, because I expected somebody coming in.

Q. Did they go to bed together?

S. Brown. The gentleman was on the top of the bed to be sure.

Q. Was she on the bed?

S. Brown. She was.

Q. Was you?

S. Brown. No, I was not.

Q. Was you in the room all the time they were?

S. Brown. I was some part of the time, but I went out, because I thought somebody was at the door.

Q. Did you see the prisoner take any thing from the prosecutor?

S. Brown. I know so far, that she did take some money from him, I know she did do such a thing.

Q. How much?

S. Brown. I do not know.

Q. How do you know she took any?

S. Brown. She offered me three guineas, and put it into my hand, that I should not tell.

Q. What did she offer you that for?

S. Brown. She said, Brown, here this is a gentleman that looks as if he would not be so ridiculous as to expose himself, saying, he would not advertise himself to make himself look scandalous.

Q. How did she come by that money?

S. Brown. I can say so far, she was rustling about his pockets, and she said she took it out of his pocket.

Q. Who did she say so to?

S. Brown. She told me so.

Q. Did she tell you she took it out of the man's pocket? in your examination before the justice, you did not say one word of her taking the money.

S. Brown. I really have forgot whether she said she took it out of his pocket or no; for she was a little surprised, and took herself away; I followed her as far as Temple-Bar, she had some rum, and treated a watchman with a pot of purl. I followed her, but she got from me, and I went to my landlord but could not find her; she has absconded ever since, till she was taken up.

The prisoner had nothing to say in her defence.

Acquitted .

[ See No. 490, in Mr. alderman Blachford's mayoralty.]

14. (M.) Joseph Milson was indicted for stealing one copper tea-kettle, value 4 d. and three pounds weight of lamb, value 6 d. the property of Ann Morgan , widow , Nov, 1 .

Acquitted .

15. (M.) Susannah, wife of Robert Matthews , was indicted for that she, on the 30th of October , about the hour of ten in the night of the same day, the dwelling-house of Abraham Day , feloniously did break and enter, and steal ten pounds weight of cheese, value 3 s. thirty pounds weight of butter, value 15 s. and ten pounds weight of beef, value 2 s. the property of the said Abraham .*

Abraham Day, I live at Highgate ; on the 30th of Octoder last my house was broke open between ten and eleven at night, and the goods mentioned in the indictment were taken out.

Q. What part of your house were they taken from?

Day. From out of a place we call the buttery.

Q. Do you know who took them?

Day. I saw the prisoner at the bar take them.

Q. Did you know her before?

Day. She was my next door neighbour. I lay below stairs. We were in bed, the buttery is just by my bed's head; she threw a hanging shelf down which gave the alarm, I got up and went to the door, and saw her taking the things out; she was putting them out at the window; I seized her about five minutes after, at a neighbour's house, and charged the constable with her; she at first denied it, but afterwards she owned it, and fell on her knees and beg'd I would forgive her, and said she would forsake the place of Highgate, and never come there again.

Q. How did she get in?

Day. She or some of her accomplices broke the window; I did not see her get in not go out; but I know she must get in at the window: the window was broke enough to get at the turn-buckle of the casement to open it, which was done; then there was room for any-body to get in, it is eighteen inches wide; it is very likely she had somebody with her, I do not know how she could get the goods out herself.

Sarah Day . I am wife to the prosecutor, I saw the prisoner down on her knees, begging we would forgive her.

James Boulden . I am constable, I had the prisoner in charge, she has a great family of children and is hard put to it to maintain them.

Guilty of felony only .

[Branding. See summary.]

16. (M.) Elizabeth, wife of John Paveley , was indicted for stealing two blankets, value 4 s. one bolster, value 2 s. three stuff curtains, value 12 d. two pillows, value 12 d. the property of Rebecca Haslewood , widow , the same being in a certain lodging room, let by contract , &c. October 7 .*

Rebecca Haslewood. The prisoner lodged in my house about five months; I let her a ready furnish'd lodging; she took away the things mentioned in the indictment, which were let to her with the lodging.

Q. Did you ever find them again?

R. Haslewood. Yes, they were pawn'd to Mr. Milner, in White-chapple, in her name; she owned to me she had pawned the curtains, but said her husband bid her pawn them.

Jeremiah Milner . The prisoner brought two blankets, one bolster, two pillows and three stuff curtains, and pawned them with me; when the prosecutrix came for them, I gave them to her. I always took her to be an honest woman before.

Prisoner's Defence.

My husband sent me to pawn them; Mrs. Haslewood knows I told her so.

Acquitted .

17. (M.) Christopher Mear was indicted for stealing 240 squirrel skins, value 3 l. 150 pieces of squirrel skins, value 20 s. 42 skins called Hudson's Bay martin, value 10 l. and 4 fox skins, value 18 s. the property of Tobias Kleinert , in the dwelling-house of the said Tobias , Nov. 10 . ++

Tobias Kleinert . I lost the goods mentioned in the indictment, on the 10th of last month.

Q. Do you know who took them?

Kleinert. I employed the prisoner by the week, as a labourer ; he went away and hired himself to an East-India captain, and he came to me to desire I would give him a character. The day that I missed the Hudson's Bay martins I charged him with taking them, I only missed them at that time. The person that he sold them to came to me and told me of it, and said he had bought more of him. I took the prisoner before Mr. Fielding, and there he confessed he had taken them, and three fox skins more than Mr. Arnold had bought of him.

Richard Bellamy . I am a headborough, and took the prisoner into custody; he was carried before Mr. Fielding, where he made a voluntary confession, upon being charged with taking the skins, and begged forgiveness. [The Hudson's Bay martins produced in court.]

Mrs. Arnold. The prisoner at the bar brought these Hudson's Bay martin skins to our house, and said there were a large quantity of them just come from abroad, of different sorts, that these were he had brought on shore, and mine was the first house he had been at. I asked him if he was a furrier. He said no, he was quite a stranger in town, and knew no furriers. I asked him if he knew any journeymen. He said no; and making a very good appearance, I bought them of him.

Q. Where do you live?

Mrs. Arnold. I live at the corner of Cornhill, near to the Mansion house.

Prosecutor. I had 68 martin skins in my shop, and I lost 42, here are 40 in court.

Q. did you lose them all at one time?

Prosecutor. They were taken away at different times.

The prisoner had nothing to say in his defence, but called his master, the prosecutor, to his character.

Prosecutor. The prisoner had been with me about six weeks and behaved exceeding well; he has worked till the blood spun out of his fingers ends, but was not of the trade; he is a cook, and had hired himself to be a cook to an India captain.

Guilty 39 s.

[Transportation. See summary.]

18. (M.) Mary Sturger , widow , was indicted for stealing one brass sender, value 2 s. 1 pair of iron tongs, value 6 d. 1 feather pillow, value 12 d. and 1 blanket, value 2 s. the goods of William Hopkinson , the same being in a certain lodging room let by contract , &c, November 27 . ++

William Hopkinson . The prisoner at the bar came and took a ready furnished room of my wife at 2 s. a week. After she had been in the room the things were missing, so we charged her with taking them, which she owned she had pawned to Mary Forrest , where I found them. The prisoner in her defence said she did it out of necessity.

Guilty .

[Branding. See summary.]

19. (M.) Elizabeth Burrell was indicted for stealing one silver watch, value 3 l 2 caps, value 1 s. one silk cardinal, val. 3 s. one shift, val. 2 s. one handkerchief, value 2 s. the goods of William Braddock , November 21 . ++

Catherine Braddock . My husband's name is William, the prisoner came to live with me on the Tuesday, and she stole my husband's watch on the Wednesday; she took away also the other things mentioned in the indictment.

Q. How do you know she stole the things?

C. Braddock. because she confessed it.

Margaret Spooner . The prisoner was Mrs. Braddock's Servant. I being a neigbour she desired I would go with her to the prisoner after she was in the gatehouse, where the prisoner delivered the watch to me; she was stop'd at a pawnbroker's as she was going to pawn the cardinal, so the prosecutrix came to know of it; she was taken before justice Carkass, where she owned the taking of the things, all but the watch; that was not missing then. [The goods produced in court and deposed to.]

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

20, 21. (M.) Margaret Battishall , widow , and Ann her daughter , spinster , were indicted for stealing one pair of sheets, value 6 s. one flat iron, value 1 s. and one brass candlestick, value 6 d. the goods of John Waffal , the same being in a certain lodging room let by contract , &c. Nov. 3 . ||

Margaret Guilty 10 d , Ann Acquitted .

[Whipping. See summary.]

22. (M.) Thomas Hartshorn was indicted for stealing one black mare, value 6 l. the property of Thomas Parker , November 30 . ||

Thomas Parker . I live at Buckland in Berkshire . I lost a black mare out of my stable on the 28th of November last; I missed her about 8 in the morning.

Q. When had you seen her last?

Parker. I had seen her in the stable over night.

Q. Was the stable door locked?

Parker. No.

Q. Is your stable joining to or near your house?

Parker. It is near my house.

Q. Did you ever find your mare again?

Parker. I overtook the prisoner at the bar as he was leading her along the road with a halter at Kensington, about the middle of the same day.

Q. Had he no saddle ?

Parker. No, nothing but a halter.

Q. Did you know him before?

Parker. He was a stranger to me, I can't say but I had seen him before. I asked him where he had that mare, he said he was leading her along for a man; then I took hold of the halter, and of him likewise.

Q. Did he know you, can you tell?

Parker. I do not know that he did; I told him the mare was mine; then we got a constable and secured him.

Q. Did he point out any man that he was leading the mare for?

Parker. No.

Q. How long before that time had you seen the prisoner?

Parker. I had seen him about three or four days before at our house; he carried hard-ware about.

Q. Had you any conversation with him?

Parker. No, none at all.

Edward Hicks . I came up from Berkshire with the prosecutor after the mare, and found the prisoner leading her along by a halter at Kensington, in the road. The prosecutor took hold of the mare. Said the prisoner, what do you mean. The prosecutor said this is my mare, and I will swear to her; the prisoner said he was leading her along for a man. Then we sent for a constable, and took him before justice Fielding. He said, he was perswaded to do it by two women that were along with him, as we were carying him along; that he bought a halter at Abingdon the night before, and then went to Buckland and lay in the rick yard till he saw the carter had suppered up his horses. and when the servants were all in the house at supper he went and took the mare, and rode away with her.

Prisoner's Defence.

I have a mother in London about seventy years of age; I wanted to come up to see her, and I took the mare to come up upon, but not with any intent to sell her, neither did I offer to sell her. I beg for mercy, and that I may be sent to serve his majesty, either by sea or land.

Guilty , Death .

23. (M.) James Swingwood was indicted for stealing 2 baskets, value 6 d. and 120 drinking glasses, value 40 s. the property of Richard Windle and Thomas Quinton , November 1 . ++

James Hambleton . I was servant to Mess. Windle and Quinton, at the Green Yard; they have a very large manufactory of all sorts of flint glasses.

Q. Do you know the prisoner at the bar?

Hambleton. I do, he was teazer there.

Q. What is that?

Hambleton. That is to Stoak the fire, and keep it up.

Q. Do you remember any thing of any glasses being taken away by the prisoner?

Hambleton. Yes, two baskets, which contained about ten dozen of drinking glasses.

Q. Where were they before he took them away?

Hambleton. They were in my master's yard, laid by in a convenient place, till he could take them away by night.

Q. Where were they before they were put in that convenient place?

Hambleton. They were in the warehouse.

Q. Who brought them out of the warehouse?

Hambleton. The prisoner at the bar did.

Q. How do you know that?

Hambleton. Very well, for I was with him at the time; we were partners in it, and he brought them to our house. Then one Persia Hart came and fetched them away; she bought them.

Q. What was she to give for them?

Hambleton. She gave two shillings and six-pence a dozen for one parcel, and two shillings for the other.

Q. What were they worth?

Hambleton. The parcel for which she gave two shillings and six-pence, were worth four shillings and six-pence per dozen, and that at two shillings were worth three shillings and three pence, or three shillings and six-pence per dozen, to sell to the trade.

Q. When was it that he and you took them away from your master's yard?

Hambleton. That was about six weeks ago; it was about the 1st of November.

Q. What did Mrs. Hart do with them?

Hambleton. I cannot tell.

Q. Did she keep a shop?

Hambleton. No, she did not; she told me afterwards she had sent them into the country.

Q Did your masters, or either of them, know of your taking them away ?

Hambleton. No, at that time they did not know they were stolen.

Prisoner. That witness gave me the glasses out of the warehouse.

Q. Which of you proposed the first robbing your masters ?

Hambleton. We were all of us very willing to do it.

Q. How long had the prisoner been servant there?

Hambleton. He had been servant there about two years.

Q. How long had you?

Hambleton. I had been servant there on and off till May last these six years.

Q. What was your employ?

Hambleton. I was sometimes porter, and sometimes employed in the mill.

Q. What was this man's character, during the time he was there?

Hambleton. I never heard any thing ill of him in my life till this.

Q. Did the woman pay ready money for the glasses?

Hambleton. She did, and was always drawing us in for more as fast as she could.

Elizabeth Hambleton . I am wife to the other witness; there were glasses brought several times from Mr. Windle's to our house. The prisoner had the key of our door to let himself in, and he brought the two last baskets to our house himself in the night.

Q. When was this?

E. Hambleton. I do not know the exact time, but it was in November; he had been in gaol on suspic ion before that, but nothing being found against him, he was discharged. After he had brought them, he gave Mrs. Hart an account of them, and she came in the morning and fetched them away.

Q. Did you ever see any money paid?

E. Hambleton. No, I did not.

Mr. Windle. The glass manufactory belongs to Mr. Quinton and myself.

Prisoner's Defence.

Hambleton gave me the key of his house and of the warehouse, to take and bring them to him, and he received the money for them.

Guilty .

[Transportation. See summary.]

24. (M.) Robert Robinson was indicted for stealing one basket, value 3 d. and seventy two drinking glasses, value 27 s. the property of Richard Windle and Thomas Quinton , Nov. 1 . ++

At the desire of the prisoner the witnesses on both sides were examined apart.

James Hambleton . I have been acquainted with the prisoner at the bar about three years; he lived just by the glass-house, and was a servant to the prosecutors.

Q. In what capacity?

Hambleton. He was sometimes packer, and sometimes porter.

Q. Have you any particular place for packing up goods?

Hambleton. Sometimes they are packed up in the warehouse, and sometimes in the yard. About seven or eight weeks ago the prisoner and I took out glasses several times, and carried them away.

Q. What quantity at a time?

Hambleton. I cannot directly say how many; I know he took six dozen and brought them to my house at night about eight or nine o'clock, and left them there with my wife; I was not at home.

Q. Then how do you know that he carried them to your house?

Hambleton. I found them there when I came home; they were packed up before to be brought, and it was the same basket which I saw packed.

Q. Did any of your master's people know of his bringing them away?

Hambleton. No.

Q. What were they worth per dozen?

Hambleton. They were worth four shillings and six-pence per dozen, they were the best glasses.

Cross Examination.

Q. Was it not his business to pack up glasses to send to customers?

Hambleton. It was.

Q. Has not your master a variety of baskets belonging to his warehouse?

Hambleton. Yes, he has a great many dozen.

Q. Can you swear positively that was the same basket which you saw pack'd before, as you speak of?

Hambleton. I cannot say it was the same basket; they were the same goods.

Q. Is not one glass like another?

Hambleton. Yes.

Q. Can you swear to one particular basket from the rest?

Hambleton. We cannot, but I am very confident this basket is what I saw in my master's warehouse, which was brought to my house.

Q Was you not once in Newgate?

Hambleton. No, never in my life.

Elizabeth Hambleton . I have known the prisoner a good many years.

Q. Do you remember his bringing glasses to your house

E. Hambleton. I do, several times.

Q. When was the last time that he brought some?

E. Hambleton. He brought a little basket to our house about two months ago; there were glasses in it.

Q. What became of them?

E. Hambleton. Mrs. Hart, a Jew woman, came and fetched them away.

Q. How long had they been at your house before she came?

E. Hambleton. They did not stay long before she came. She brought her maid (named Brown) along with her sometimes, but she took these away herself.

Q. Do you know what money was paid for them?

E. Hambleton. No, I do not; the prisoner has brought several dozen of glasses in his pockets at dinner and supper times to our house.

Q. What sort of glasses?

E. Hambleton. Drinking glasses.

Q. How often?

E. Hambleton. A number of times, but I cannot tell how many indeed; he has brought half a dozen at a time.

Cross Examination.

Q. What is your husband?

E. Hambleton. He is sometimes one thing, and sometimes another; he did work there.

Q. What sort of a basket was it which the prisoner brought to your house?

E. Hambleton. It was a little basket.

Q. How many glasses were there in it?

E. Hambleton. I cannot tell.

Q. Are you sure the prisoner brought the glasses to your house?

E. Hambleton. I am sure he packed them up to bring.

Q. By what are you sure?

E. Hambleton. Because I heard my husband say so.

Q. Can you tell who brought them?

E. Hambleton. Upon my word I cannot tell who brought them, whether my husband or the prisoner, for they were both together when that was brought; but it is out of my power to tell how many basket of glasses they brought in all.

Council Your husband just now denied bringing the last basket.

E. Hambleton. That basket Robin brought I am sure.

Q. When was that brought?

E. Hambleton. I cannot tell that; the prisoner has often told me he has packed up glasses to bring, and has laughed and said, he would not have his late wife know of it, for she would tell.

Q. Who came with Robin when he brought the basket?

E. Hambleton. I cannot tell, he came to me and told me he had left a little basket, and that the Jew woman was to come and fetch it away.

Q. Where was you when he brought it in?

E. Hambleton. I was then in the kitchen, and he put it in the shop.

Q. Could you in the kitchen see what was done in the shop?

E. Hambleton. I believe it was night.

Q How far is your kitchen from the shop?

E. Hambleton. It is just by.

Q. Did the prisoner bring that basket you speak of alone?

E. Hambleton. There came none but himself, and my husband followed him a little after.

Q. How came you to let the baskets be brought to your house?

E. Hambleton. Because they made a frequent practice of it.

Q. For what purposes were they brought there?

E. Hambleton. Because they were stolen goods.

Q. Was you present when Mrs. Hart took that basket and glasses away?

E. Hambleton. I was.

Q. By whose order was that?

E. Hambleton. By Robin's order; they used both to go together. He used to come to our house on Sunday mornings, and take my husband with him to Mrs. Hart's.

Q. How do you know that?

E. Hambleton. Because my husband has told me so, and I have seen them go together.

Q. Was not your husband committed to prison once?

E. Hambleton. No, never in his life; he was never in custody before this.

Q. Was not you once in Newgate?

E. Hambleton. I was, for buying two pounds and a half of sugar in my own shop.

Q. Did not your husband run away for it?

E. Hambleton. No.

Mary Brown . I did live servant with Mrs.. Hart, and have been at Hambleton's house with her twice, to fetch-away glasses; she used to hire me as a chairwoman, and to work plain work.

Q. How many glasses can you say there were?

M. Brown. I believe about nine or ten dozen.

Q. When was the last time that you fetched glasses from thence?

M. Brown. I believe it is about a year ago, or better; she has gone on above a year and half buying of these people.

Q. What people?

M. Brown. These three people, Swingwood, the prisoner, and Hambleton: I have been with her to all their houses, have seen her pay for them, and take them away.

Q. Where did Mrs. Hart live?

M. Brown. She lived in Gravel Lane, Houndsditch.

Q. What did she use to do with the glasses?

M. Brown. She used to bring them home to her house, and sell them to Jews that hawk about the streets; she is a Jew.

Q. What did she use to give for them?

M. Brown. She used to give two shillings per dozen for what she had of Swingwood, and half a crown for what she had of Robinson; I have seen it paid to Robinson in his own house.

Q. Did you know where they were brought from?

M. Brown. I saw the prisoner come out of the glass-house with some in his pocket, from Mr. Quinton's back gate, by his garden, and deliver them to Mrs. Hart.

Q. How long is that ago?

M. Brown. That is about ten months ago.

Q. How do you know they were Mr. Quinton's glasses?

M. Brown. I knew he worked there. When I went once with Mrs. Hart he said,

"Why do you bring this person with you; can she keep a secret?"She answered, I know her very well, for she has been with me so long, she will not tell. I did not know that the glasses were stolen till that time he came out of his master's gate with some. When I came home, I said to Mrs. Hart, I fancy he does not come honestly by them, or why did he ask you whether I could keep a secret.

Mr. Windle. All these glasses, manufactured at our glass-house, are my partner's and my property.

Q. Was the prisoner your servant?

Windle. He was

Q. Did you ever give him leave to carry out glasses to sell?

Windle. No; there never were such privileges given to any of our servants; he has sometimes had bills and receipts with him, to bring the money for them, but he never carry'd any out to sell by our order.

Cross Examination.

Q. Do you know, of your own knowledge, any of these glasses, which the witnesses have been speaking of, to be your property?

Windle No, for I saw nothing; I only speak by the information of other people.

Q. Did you trust the prisoner to carry out glasses?

Windle. I did, as a porter, and he was to deliver those glasses to the people where the bills mentioned.

Q. Might not these be glasses which you delivered to him for that purpose?

Windle. I apprehend not.

Q. How long has he lived with you?

Windle. I cannot say exactly, but I look upon it to be three or four years.

Q. How has he behaved?

Windle. He behaved very well, as we thought, till about three or four months ago, when we had occasion to suspect him.

Q. Upon whose information?

Windle. Upon his not giving an account to us when we asked him concerning the glasses which were stolen. There was one Levi, a Jew, who was another servant of ours, as a labourer, had told the prisoner if he would get glasses out of our warehouse, he would sell them for him; and he never told us of it, which was his duty, being our servant. We have suspected the prisoner above twelve months, but we never could catch him before, so we were obliged to abide by the loss.

Thomas Quinton . I am joint partner in this manufactory with Mr. Windle.

Q. Did you ever give orders to any of your servants to carry out glasses to sell?

Quinton. No, never; neither are there any among us that give orders to any servant so to do.

Cross Examination.

Q. What was the prisoner in your service?

Quinton. He was packer, and used to carry out parcels of glasses to customers, with bills and receipts at the bottom; to receive the money for small parcels; but this was but very few times.

Q. How came you to apprehend he was concerned in stealing glasses?

Quinton. I had reason to suspect him; some time ago we lost a box of glasses, so I took him along with me to examine some that we suspected; I looked at them, and told the prisoner that the greatest part of those goods were mine. He looked at them, and said he did not think they were. I said, do you not remember this and the other remarkable glass? He said, no, he did not think they were ours, which made me suspect he was concerned in the thing, and from that time I had a bad opinion of him.

Q. Did you ever find any glasses upon him?

Quinton. No, I never did, nor in his house.

Q. Did you ever see him take any away?

Quinton. No.

Q. When this charge was made against the prisoner, did not you disbelieve it, from his former behaviour?

Quinton. I did disbelieve it at first.

Q. Even after the information you had received, was you not desirous of still keeping him in your warehouse?

Quinton. I'll tell you the reason of that; I said, Robin, there is an information against you that you have been concerned in stealing glasses and things from us a great while, on which he cry'd and seem'd to take on terribly; he said he never saw any thing taken, and that now as his character was gone how should he get his bread.

Q. Who did you receive the information from?

Quinton. From Mary Brown , the witness; upon which I took three of my servants up, and Hambleton turn'd evidence.

Q. Was not the prisoner desirous of seeing his accuser face to face?

Quinton. I mentioned Levi to him and said, Bring him to me, and let us see you face to face; he said, if Levi was above ground he would bring him, but he never did, tho' he had opportunities enough; Levi is since run away, but he was not for three weeks after I mentioned him to the prisoner. Levi came to me one Saturday night, and said here I am, why will not Robin take me up, saying also he durst not.

Prisoner's Defence.

As to that woman Mary Brown , I do not know I ever saw her in my life till before justice Fielding; I brought Levi into the warehouse, but my master was not there, and I had no opportunity since; as to the case of the glasses, I was not there when the fact was committed, and I suppose they exasperated my master against me, because I would not swear to the thing I was not privy to.

To his Character.

William Bursley . I have known the prisoner eight or nine years, at Newcastle upon Tyne.

Q. What is his general character?

Bursley. I never heard it stain'd in my life: he went under he character of a very honest industrious man, and work'd as a packer to Mr. Bates at Newcastle; he in liquor one day enter'd as a soldier, and I have heard Mr. Bates say he was sorry when he went away.

Q. to Mr. Quinton. Did you know him at Newcastle ?

Quinton. Yes.

Q. What character did he bear there?

Quinton. I never heard any thing amiss of him there.

William Smith . I have known the prisoner ever since I can remember any thing.

Q. How has he behaved?

Smith. He always had a good character.

Mrs. Smith. I have known him 16 years.

Q. What is his general character?

Mrs. Smith. A very good one.

James Harris . I am paymaster serjeant, and have known the prisoner 4 or 5 years; he behaved extreamly well as a soldier, and was trusted in the store-room, where there is money and things; he always behaved as an honest man, and is now a soldier.

John Caunt . I have known him ever since I can remember, and never heard any thing amiss of him before this.

Richard Curtise . I belong to the same company as the prisoner does, and have known him 4 or 5 years; he always behaved as became a soldier.

Q. What is his general character?

Curtise. I never heard any thing amiss of him till now

John Ingleton. I have known him about 11 years.

Q. What is his character?

Ingleton. I work'd some years with him in the same shop at Newcastle, and never heard a bad character of him before.

Mary Ingleton . I have known him 11 years, his character is extreamly good, and I never heard a bad thing of him till now; he lodged in my house, and afterwards lived the next door to me for 7 years, at Newcastle.

Q. How long have you been in London?

M. Ingleton. No more than 5 months.

James Rubins . I have known him 20 years; he has the character of a sober, honest and industrious man; I knew him when he work'd at the glasshouse in Newcastle, and before.

Thomas Wilkerson . I have known him about 9 or 10 years; he bears the character of an honest man.

Q. Have you known him lately?

Wilkerson. Yes, I am clerk to Mr. Quinton; he behaved as a very diligent servant, and I can say nothing against his honesty.

Q Are you clerk in the compting house?

Wilkerson. Yes.

Q. Are you related to Mr Quinton?

Wilkerson. I married his sister.

Guilty .

[Transportation. See summary.]

25. (L.) Samuel Fuller was indicted for that he, on the king's highway, on Joseph Stevens did make an assault, putting him in corporal fear and danger of his life, and taking from his person five guineas, one half guinea, one 36 s. piece, and one silk purse, value 1 s. his property , Nov. 15 . ++

Joseph Stevens . I live in Daget's Court, Brokers-Row, Morefields. On the 14th of Nov. at night, I was in Broad-Street, at the Rose and Crown, the house of Mr. Barber. I went away it might be past twelve at night; the prisoner is a watchman , and was called to take care of me home.

Q. Was you in liquor?

Stevens. I was a little in liquor, yet I could have gone home by myself, but my friend called the watchman to go with me. As I was in Bedlam-Passage going out of Broad-Street , I apprehend I was knock'd down.

Q. Who knock'd you down?

Stevens. The prisoner at the bar, I believe; I know I was knock'd down.

Q. Was any body else near you?

Stevens. No, only the prisoner and I together.

Q. Can you be certain who knock'd you down?

Stevens. I am very certain it was the prisoner, I knew him again four or five days after, tho' he was not in his watchman's dress.

Q. How was he dress'd when he went along with you?

Stevens. He was in a watchman's dress, and had a great coat on.

Q. What was you knock'd down with?

Stevens. I was knock'd down with a large staff or stick, I was struck on my left cheek and my nose, which made me incapable of going out for two or three days.

Q. What happened to you after you was knock'd down?

Stevens. He took me home notwithstanding. I was to give him six pence. I had a shilling or two in my other pocket loose, so I gave him a shilling, and he was to have brought me six-pence the next morning, but he never did.

Q. Did you lose any thing?

Stevens. I had five guineas and a half and a 36 s. piece in my pocket, but do not know who took it out of my pocket, it was in a green purse in my side pocket; I am morally certain he knock'd me down.

Q When did you miss your money?

Stevens. I missed it the next morning; the first thing I did was to look for my money.

Q. Cannot you be certain who was the man that took the money out of your pocket, as well as who knock'd you down?

Stevens. I cannot say that; I can only say I had the money in my pocket when the prisoner took care of me. When I was knock'd down I was stunn'd with the blow and fall together, and not sensible of what might be done to me; when I missed my money I was sensible of my being knock'd down, and that there was nobody but the prisoner near me; then I sent to Mr. Barber, in order to find out the watchman, and he found him on the Monday following about three o'clock.

Q. What day of the week was you knock'd down?

Stevens. On the Wednesday evening.

Q. What account did your friend Mr. Barber give you, when you sent to him?

Stevens. He said he could not tell where he lived, but by enquiring of Mr. Tudman, the beadle of the ward, he found him.

Q. Was he not to be found upon his stand?

Stevens. No, the prisoner absented himself from his duty, so Mr. Tudman sent for him to pay him for his watching, and appointed me to be there. I knew him assoon as I saw him; he was secured and taken to the compter that night, and next morning carried before my lord-mayor. I was present, and charged him with knocking me down, alledging that my money was taken from me. He owned he went home with me, but not that he had knock'd me down, or took my money. At the time that I charged the constable he denied that he had ever seen me in his life, or ever went any where with me. He also offered to make it up with me, and offered to give me so much a week; I have, witness here that heard him.

Note, 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 5th, Thursday the 6th, and Friday the 7th, of DECEMBER, In the Thirty-third Year of His MAJESTY'S Reign.

NUMBER I. PART II. for the YEAR 1760. Being the First SESSIONS in the MAYORALTY of The Right Honble Sir THOMAS CHITTY , Knt. LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by G. KEARSLY (Successor to the late Mr. Robinson) at the Golden-Lion, in Ludgate-Street, 1759.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, and Oyer and Terminer, for the City of LONDON, and at the General Sessions of Gaol Delivery of Newgate, holden for the said City of LONDON, and County of MIDDLESEX, at Justice-Hall in the Old-Bailey, &c.

Q. DID not you examine your pocket at the time you gave him the shilling?

Stevens. No, I did not.

Q. How came you not to charge him that night?

Stevens. I did not know that I should have occasion to charge him with robbing me, not knowing then that I had been rob'd.

Court. You had sense enough to give him a shilling, and desired him to bring you six pence the next morning.

Stevens. Yes.

Q. Did not you at that time recollect he was the man that knock'd you down?

Stevens. I am sure he is the man that knock'd me down.

Q. Then why did you not charge him that night?

Stevens. Very early in the morning I recollected I had been knock'd down. The prisoner said I fell;

Q. What company had you been in at the house where you came from?

Stevens. I had nobody but Mr. Barber, and his wife with me.

Q. Did you get in liquor with this man and his wife, or where did you get in?

Stevens. I had been in company before at the sign of the Mansion-house, opposite the Mansion-house; but I had been there but half an hour.

Q. Where was you made fuddled?

Stevens. It was by what I drank at Mr. Barber's, I drank but part of a tankard of beer before. I was very well when I came in.

Court. It is very odd that a man should be knock'd down by another, and reward that man that knock'd him down with a shilling; and again it is as odd that the same man should go home with him afterwards. What company was you in at the Mansion-house?

Stevens. I was only with my fellow servant. I travel for Mr. Maltby, who is a linen draper.

Q. Did you produce your money that evening before your fellow-servant?

Stevens. No. I am sure I had it when I went into Mr. Barber's house.

Q. Where had you been before you went to drink with your fellow servant?

Stevens. I went immediately from my business at Mr. Maltby's.

Abraham Renew . I am a watchman. Samuel Fuller , the prisoner at the bar, was with me that night, I am upon the same stand in Broad-Street with him; he is a spare man, so was put with me that night. I know that night he was absent from his stand for about two hours and a half, or three hours; when he came back, I asked him where he had been; he said he had been at Mr. Barber's, and had been with a job; I asked him what job; he said he had been along with a gentleman home. He said first of all the gentleman thought of going in a coach, but he thought afterwards he was capable of going home without a coach, so discharged the coach, and took him with him. He was afterwards taken in custody at Mr. Tudman's, and I and another watchman were charged with him.

Q. What time did you miss the prisoner from his stand that night?

Renew. I missed him about ten o'clock, and he came to me again after one; when we were charged with him we took him to Mr. Barber's, and there the gentleman said he had better own it, but he denied it; at last he made a proposition, that if Mr. Stevens would take so much money down, he would give him a note to pay him so much a week till all was paid.

Q. What said the prosecutor to that?

Renew. He would not make it up, and the constable said he could not.

Q. Was he there charged with knocking the prosecutor down?

Renew. He was; Mr. Stevens charged him with it. At first he said he never knew the man, nor never went home with him, and afterwards, before my Lord-mayor, he own'd it.

Q. from prisoner. Whether my Lord mayor would admit the prosecutor to take his oath about who knock'd him down?

Prosecutor. My Lord-mayor made no difficulty only in this, that as I was in liquor it was dangerous to grant me my oath as to my being certain of his robbing me; I told his Lordship, I was sure he knock'd me down.

Mr. Woodward. The first time of my seeing the prisoner was in the constable's custody, charged with knocking the prosecutor down and the robbery. I told him myself I thought his case look'd dangerous, and advised him to make an end of the affair rather than go before my Lord-mayor, for then it would be too late; so after some time he called me out.

Q. Where was this?

Woodward. At Mr. Barber's; the constable was against his going out, but I told him I would take care of him; when we came out, he asked me if I thought Mr. Stevens would make it up; I told him I knew nothing of that, but thought his case was dangerous; he said, I have not all the money by me, but I will pay part of it down, and I'll pay him the other part weekly, tho' I am innocent too; these were his words, and I told him I thought he was both a knave and a fool. The prosecutor never accepted of his proposal, tho' the prisoner urged the thing several times, saying he would pay part down, and give a note for the payment of the rest.

Q. How came you to be there?

Woodward. I am an acquaintance of Mr. Stevens, and he desired I would go with him.

John Barber . I keep a publick house; Mr. Stevens was at my house on the 15th of November last.

Q. What condition was he in when he first came into your house?

Barber. He was in liquor, but I did not observe it till he went to get up to go away.

Q. Do you, or do you not know whether he was in liquor when he first came into your house?

Barber. Then he was in liquor.

Q. How was he when he went out of your house?

Barber. In liquor to be sure.

Q. Was he more in liquor when he went out than at coming in?

Barber. He was, so I thought it necessary to take care of him when he went home, and delivered him to the prisoner, desiring him to see the gentleman safe home; the prisoner undertook it, and I saw them go past Broad-street church.

Q. How far is his home from your house?

Barber. I believe about four or five hundred yards; it is in Daget's-Court, the farther end of Broad Street Buildings.

Q. After this did the prosecutor ever acquaint you that he had been knocked down and rob'd?

Barber. He did the next day, which was on the Thursday.

Q. What did he say to you?

Barber. He told me he had been knocked down and rob'd of his money, and asked me whether I knew the watchman that went home with him.

Q. Did he tell you who he believed the person was that knocked him down and robbed him?

Barber. He said he believed it was the watchman that I sent home with him. I did not know the prisoner's name, so I inquired among the watchmen and found him out. There was one Berry, a watchman, that was opposite our door at the time, who was to have fetch'd a coach for Mr. Stevens to go home in, but the prisoner, being a younger man, out-ran him, and got the coach. Then Mr. Stevens would not be persuaded to go in it, but said he would walk home. When I found he would not go in the coach, I desired the prisoner (he being a watchman belonging to the ward) to take care of him, and see him home, thinking there was no danger. He took his lanthorn and staff with him, and I saw Mr. Stevens walk very well as I stood at my door.

Q. from prisoner. What did he give the coachman?

Barber. He gave him a shilling, but would not go with him.

Q. from prisoner. What did my Lord mayor do in regard to giving him his oath?

Barber. My Lord-mayor was a little tender as to that, till he heard the prisoner wanted to make it up with Mr. Stevens; then I believe it made him think the prisoner was guilty.

Q. What hour of the night was it when he went out of your house?

Barber. The watchman was going one o'clock when he was first called, and I believe it was better than half an hour after when they set out.

Q. to Renew. What time did the prisoner return to his stand?

Renew. It was pretty near two o'clock.

Q. to Barber. What time did Mr. Stevens come to your house?

Barber. I believe he came in about half an hour after eleven o'clock on the Wednesday night, and went away on Thursday morning as I have mentioned.

Prisoner's Defence.

I went home with Mr. Stevens, but I do not know any thing of what he says.

To his Character.

John Jones . I have known the prisoner about two years; he has work'd for me as an out door porter, and has been very honest as far as I know. I have trusted him to receive small sums of money for me, about four, five, or six pounds; I always looked upon him to be a very honest fellow.

John Grimes . I believe I have known him four or five years; he has carried out meat for me, and done business for me as a porter when I wanted him: I never heard any complaint of him.

Q. Did he ever take money for you?

Grimes. No, not as I remember.

Q. to prosecutor. Was there any mark on your head from this blow?

Prosecutor. There were upon my cheek and nose for five or six days.

Acquitted .

26, 27.(M) Thomas Brown , and James Brown , were indicted for that they, in a certain place, called St. James's Park, near the king's highway, on John Parker did make an assault, putting him in corporal fear and danger of his life, and taking from his person 5 s. in money numbered, his property, and against his will , Nov. 28 . +

John Parker . I was sent of a message to Westminster, and as I was coming back through St. James's Park, near the upper end of the Bird Cage Walk , Thomas Brown came up to me.

Q. When was this?

Parker. This was the day before the Thanks-giving-day, about six o'clock in the evening. He said, "It is a fine evening, and the weather is warm," and walked a pretty way with me. Then he took hold of my arm, dragged me a little way out of the path, took me round the middle, and then pulled my breeches open.

Q. How far did he take you out of the path?

Parker. But a very little way; it was about as far as from where I stand to the door coming into the court [which is about six or seven yards.] Then James Brown, the soldier, came up (I was turning myself from the other) and said,

"D - n you, you rascal, have I catch'd you?" and struck me on my breast. Another soldier came on the other side, and laid hold of Thomas Brown . James Brown said to me,

"D - n you, you dog, I'll have you hang'd, you sodomitical dog," and drag'd me down to the water side, where he and the other soldier, but Brown in particular, demanded my money.

Q. What words did James Brown use?

Parker. He said; Give us your money, or we will have you hanged.

Q. Where was Thomas Brown ?

Parker. He and the other soldier were close behind me.

Q. Was this said to you only, or to Thomas Brown and you?

Parker. James Brown said it to me only. I put my hand into my pocket, pulled out my money, and gave James Brown two or three shillings, part of my money, who immediately said I had more, so demanded the rest, felt in my breeches pocket, and took the rest of my money out of my hand.

Q. How much was it?

Parker. He had five shillings I am sure, and I believe more. Then they drag'd me quite down to the island, where the boat goes over, and said I had gold about me, and searched me.

Q. Did not you cry out?

Parker. I did not; then they said I had got a pair of silver buckles, and demanded them, but I refused to deliver them, saying they might swear what they pleased.

Q. Did Thomas Brown demand any thing of you?

Parker. James Brown in particular demanded my money, and I believe Thomas Brown did also.

Q. Did Thomas Brown accompany you all the way down to the water-side?

Parker. He did.

Q. Did they take your buckles out of your shoes?

Parker. They did not; then James Brown said he would charge the centinel with me, but Thomas Brown and Matthews the other soldier said, Let him go, let him go; then James Brown said, No, d - n him, he shall not go.

Q. What became of Matthews?

Parker. He was before justice Fielding, I believe he was let go about his business. Thomas Brown made off, and James Brown charged the centinel with me, saying I was a sodomite, and that he had catched me and another man together, but the other man had got away. Then one Mr. Turner, who happened to see the whole affair, came to me, saying, Young man, don't be frighted, I saw the affair, and will go to the officer of the guard and have them taken up; then Brown the soldier went away. Mr. Turner went away, and returned and asked the centinel why he did not keep the soldier as well as me; the centinel said he knew nothing of the affair, and I might go about my business also; then Mr. Turner said I should not go away, for he had seen the whole affair. Soon after that, Brown and Matthews the two soldiers came back; then some soldiers came and took the two soldiers and me to the guard room at Whitehall, and we were taken to Mr. Fielding's, where the two soldiers said they had catch'd me and another man in the Park committing sodomy, and that the other man was got away, meaning Thomas Brown ; they swore there that they saw me with my hands about Thomas's neck, kissing him.

Q. from Thomas Brown . Did I take any thing from you?

Parker. No.

Q. from James Brown . Where was you when I came to you?

Parker. First of all I was near Rosomond's-pond, that joins to the Park.

Q. How far did they take you from the pathway near Rosomond's-pond ?

Parker. They took me down to the canal side, as far as they could go.

A Juryman. I know the ground, from the place where he says near Rosomond's pond, down to the canal where the boat ferries over, is near a quarter of a mile.

Parker. When he had drag'd me about half way there, I saw Matthews and Thomas Brown stand, separated from each other.

Q. Was Thomas Brown by when James Brown took your money?

Parker. He was.

Q. Was he in the custody of Matthews at that time?

Parker. I believe he was not. When James Brown said he would charge the centinel with me, Thomas Brown and Matthews desired him to let me go.

Q. Did you not cry out in all this time?

Parker. No, I did not, I could not see any body, I was so far from the walk, I mean the Bird-cage-walk; as I had walked along, there were people in the walk; this was about six o'clock, St. James's clock had just struck.

Henry Turner . I am servant to lord Harcourt, and have been for eight years. I was going over the Park on business for my Lord that evening, the clock struck six as I came into the Park. I went thro' the walk called the Bird-cage-walk, and I saw Brown the soldier and another soldier dodging and sculking behind the trees by Rosomond's pond; the other prisoner at the bar I beg leave to call the gentleman, for destinction sake, that there may be no mistake in my evidence, as they both go by the name of Brown.

Q. What do you mean by dodging?

Turner. That is what they called the sculk when before Justice Fielding, that is, they were walking from tree to tree, and then standing still and looking about; I thought by their behaviour there was some villainy going forward, because I knew James Brown the soldier ever since the 1st or 2d of August last, having then detected him in -

Court. You must mention nothing but what relates to this present indictment?

Turner. This night I was going along towards Story's-gate; about the middle of the walk I saw a gentleman's servant (the prosecutor) coming this way, and the gentleman at the bar walking the other way; he went up to the prosecutor and spoke to him, and turned and went along with him, and went forward towards Rosomond's pond; then the gentleman took the prosecutor by the arm, and they stop'd for about half a minute or a minute. I had my eyes on the soldiers; presently they rush'd upon the prosecutor and the other, and said, you sodomitical dogs, have I taken you.

Q. Was you near enough to see what past between the two prisoners at the bar?

Turner. No, my Lord, I might be near 100 yards from them; they were then a little way in the grass, not quite so far as the row of trees at that time; Brown the soldier laid hold of the prosecutor, and said he would drag him to the keeper, but instead of that they drag'd him to the corner where the boat ferries over; then they were farther from me, but I heard the soldier d - n his blood and say, if he would not give him his buckles he would take him to the Savoy. I was afraid to go to them for fear of having a mischief, because I knew Brown the soldier knew me, and he is a very dangerous fellow.

Q. Did you hear any talk about money?

Turner. No, I did not care to go too near; I heard Matthews say, let him go away; the soldier Brown said, d - n his blood if he did not take him to the centinel; when they had got him there, I step'd up to the prosecutor, and clap'd him on the shoulder, and said, young man, do not be afraid, I have seen more of the affair than you may think of. Matthews had hold of the gentleman, but he never brought him up to the centinel. As soon as I began to interfere, Matthews and James Brown went away. I asked the centinel how he dared to confine the man as a prisoner and not the soldiers; he said, what was that to me; then I said, Sirrah, do you not belong to such a regiment; and when he saw I was determined the thing should be enquired into, he wanted the prosecutor to go about his business; then I said to the prosecutor, if you go away, you dog, you ought to be hanged as high as Haman; I'll stand by you, if you will stand your ground by me; then I went to the guard and got some soldiers, who came and took the soldiers in custody; the gentleman as I call him was taken upon James Brown 's impeachment.

Q. from Thomas Brown Whether you know or saw me take any thing from the prosecutor, or called him any names, which are not fit to be named in a Christian country?

Turner. No. James Brown intreated me to go about my business, and not trouble my head with the affair, threatening he would swear sodomy against me, and charge the centinel with me; that if I appeared in this affair, and he could catch me from home, he would swell my head so that I should not be able to go about my business. He said also that I belong'd to the prosecutor, but I had never seen him before to my knowledge.

Mr. Anthony Gifford . Parkor has been my servant five years last October, and is a very honest, faithful servant. Since this affair, I have inquired in my family (as he is in some measure charged with the most heinous of crimes by these men at the bar) whether he had any followers came after him at any time: I was told he had nobody came after him, and I do not think there is the least room for such a thought of him. A servant that has lived in my house twenty-five years informed me, that he was never out of my house after nine o'clock since he has been with me, except on a benefit night, when he has gone to a play with the maids; he is an honest, sober, faithful servant as ever lived - I would mention to your Lordship the reason why he was in the Park at that time: I sent him the evening before Thanksgiving day with a brace of pheasants to Great Queen Street, and ordered him also to go to the white house, which is joining to the Gatehouse, Westminister, and after he had been at these places it might be about six o'clock. I have inquired since, and found he delivered his messages punctually; I mention this to shew; that he did not loiter away his time. When the soldier Brown was before justice Fielding, he desired to be admitted an evidence, which was granted. Then he could readily tell where to find the other prisoner, who was taken and brought there; then he (that is, Thomas Brown ) acknowledged being there. He said there had been 500 of these things done there, and mentioned abundance of laced waistcoats. The soldier Brown confessed they had once stripped a man naked, shirt and all.

Thomas Brown's Defence.

I met the gentleman's servant in the Park, who sat down by me; he got up and went up the walk a little way. I stop'd to make water, and walked after him. I said it was a fine evening, and I would walk round. The man that stands by me, and another soldier, came and took hold of him and me, and said we were two sodomites; that we had been committing sodomy and buggery together; they hauled him and me along, and charged the centinel with him, but I went away about my business. As to seeing any thing taken from the prosecutor, I know nothing of it; I saw nothing by him in that way as they charge him; I cannot charge him with what I know nothing of.

Prosecutor. I think this Thomas Brown said I was a sodomite.

James Brown 's Defence.

Another soldier and I were walking through the Park about half an hour after six o'clock, when we saw my fellow prisoner and the prosecutor sitting on a bench together; they got up, and walked by us. Then they turned down, went behind a tree, and stood out of sight. The other soldier and I went down and said, there can be no good going forward, when people go down to the water-side at this time of night. Thomas Brown had his arm round the prosecutor's neck, whose breeches were down, and Brown said he wanted to put his tongue into his mouth. I laid hold of the prosecutor, and carried him to the first centinel I came to; he offered me money several times, and said he would give me any thing in the world if I would let him go; there is the soldier at the door whom I charged with him. Call Cartwright.

For Thomas Brown .

Robert Clark . Thomas Brown has been a lodger with me about a year and seven months. He came to me last May was twelve months, under the character of a gentleman, had regimentals on, and appeared as a person that had a commission in the army, but he said he was dismissed. He has had several gentlemen come after him, one was a lawyer. I never saw any thing by him, but what answers to the character of a gentleman. A gentleman that lodges with me has left his buroe open, with the key in it, and perhaps 100 l. within side, in money and bank notes, yet never lost any thing.

Q. Is that gentleman here?

Clark. No.

Sarah Clark . The prisoner always behaved like a gentleman ever since he has been at our house, in which I have left him alone, and he never wrong'd me of any thing; the company which came after him appeared like gentlemen.

For James Brown .

Henry Cartwright . I was centinel in the Park at the Cock pit, between six and eight o'clock, the night that James Brown and another brought a man to me, and said he was a sodomite, and put him into my box. The man said he had been rob'd of all his money by them, and when Brown and the other soldier came, I took them in charge as well as the footman, till the guard came, and took them away.

Eleanor Dugen . James Brown lodged a great while in my house, and I never heard any thing bad of him before this.

- James Guilty , Death .

Thomas Acquitted : But ordered to be detained for robbing a person unknown.

28. (L.) Aaron Davids was indicted for carnally knowing, and feloniously abusing Frances Moses , spinster, an infant, under four years of age . ||

Frances Moses the elder. I live at the upper end of Houndsditch.

Q. Have you a husband?

F. Moses. I have; he travels the country, sometimes with necklaces, and sometimes with muffs and tippets.

Q. How old is that child in your arms?

F. Moses. She is almost four years old. The prisoner at the bar did live in Woolpack Alley, which but a step from my house; my child went to school with his sister-in-law, and he used to fetch and carry the child to and from school sometimes; he lodged at Ann Davids's, his sister's house. About six weeks ago she came home, and was very red and hot in her face; after that she would not go to school any more, but was taken very bad; she tumbled about, and could not make water.

Q. How long had she gone to that school then?

F. Moses This was about four or five weeks after she had first gone to school. Then I took her in my lap, looked at her, and found she was much swelled. and began to break out in her private parts.

Q. Did you observe that she was torn?

F. Moses. She was not torn, but she had the soul disease.

Q. How do you know that?

F. Moses. I sent for Hannah Jacobs , a midwife, and it was her opinion. I put my child an outpatient in the hospital.

Q. Did you observe any thing upon the child's linen?

F. Moses. No. When I asked the child how she came to be so, she said Aaron hurted her in her private parts; but I could not talk to Aaron about it, my heart ached so.

Cross Examination.

Q. Did you tell the school-mistress that your child had got the foul disease?

F. Moses. I did

Q. When you told her that, did you agree for a surgeon to examine her?

F. Moses. She advised me to go Dr. Cole, but I was for going to the midwife.

Q. What did the midwife say upon inspecting her?

F. Moses. She said a man had meddled with her, and that she had the soul disease. I went to Mr. Waley, who laid the child on a table, and examined her.

Sarah Solomon . I live in Woolpack Alley, near Gravel Lane, and work with Mrs. Moses by the week; the child could not make water, but cried and roared, and tumbled about like a mad thing.

Q. Did you ever inspect the child?

S. Solomon. No, never.

Q. Did you ever see the prisoner and child together?

S. Solomon. No.

Q. Did you ever hear him say any thing about the child?

S. Solomon. No.

Hannah Owen . I am a midwife, and saw this child about two or three days after it was taken ill; it had a sort of a running and gleer upon it; but I cannot say that the child is hurt, for the body is safe. I will not take upon me to say it had got the foul disease.

Q. What do you mean by hurt?

H. Owen. It was never entered into.

Q. How long is it ago since you examined the child?

H. Owen. It is above three months ago.

Acquitted .

(L.) He was a second time indicted for feloniously abusing, and carnally knowing Sarah Jacobs , spinster, an infant, about the age of seven years . ||

Sarah Jacobs the elder. I live in Houndiditch, near the Angel in Woolpack Alley. My husband is a taylor, and I am a necklace maker; we are near neighbours to Mrs. Davids, the school mistress, who is married to the prisoner's brother. My daughter, whom I have in my arms, is going in the eighth year of her age, and went to school at Mrs. Davids's. The prisoner helped his sister to learn the children to read. My child coming home sickly, I took her alone, and looked at her. She said I must tell nothing, I shall be hang'd up, and put her hands up to her eyes. At last she told me every thing that Aaron Davids did to her. I found her abused and torn terribly, and was very sore upon her private parts. She was more like a woman than a child, her parts being torn open. I went to the school, and beat the prisoner well. My child was always crying out, of her bowels and her limbs, and she could not make water. I found upon her under petticoat something like spots of blood.

Cross Examination.

Q. Do you understand that your child had the foul disease?

S. Jacobs. That you must ask the surgeon, for I do not understand it.

Q. Did you ever declare to any body, after you found your child in this condition, that she had the foul distemper?

S. Jacobs. No.

Q. Did not you say so to one Mrs. Walker ?

S. Jacobs. I do not know her.

Q. Upon what day was it you found your child first in this manner?

S. Jacobs. About three months ago.

Q. Do you recollect what day you went to Mrs. Davids's house about it?

S. Jacobs. It was about a week afterwards; it was the day after I found it out, when I beat the boy.

Q. Who was at Mrs. Davids's at that time?

S. Jacobs. I do not know.

Q. What did you say to Mrs. Davids?

S. Jacobs. I said I wanted to take the child away. She said she would make me suffer for it, that I spake like the rest, and one had catched the pox of the father, the other of the mother, and the other wanted money.

Timothy Davis . I am an apothecary and chymist. Sarah Jacobs brought her child to me about two months ago (this is the child that is here) and complained it had got the foul disease, by a ravishment, and desired I would let her have a few medicines for the case; I did not examine the child.

Q. Why did you not?

Davis. Because the child refused it, and cry'd and said I should not; so I never examined her so far as to absolutely know the case was either a ravishment or the foul disease; the second time she lay in her mother's lap, I just look'd withinside her thighs and saw a few pimples that were broke out.

Q. Can you tell whether there was a laceration?

Davis. I can not.

Q. How came it you did not look farther?

Davis. I did not chuse it, thinking they had surgeons of their own, and I thought it most requisite for them to do it. I gave her some medicines to cool the heat of her body. I could not cleverly say she was a patient of mine. The mother came and had a shilling-worth of medicines now and then.

Q. Can you or can you not say whether she had the foul distemper?

Davis. I cannot say it was that, I apprehend it might be occasioned by heat of body. I asked the child several questions; she had but one symptom of a venereal disease, and that was the scalding of her water.

Prisoner's Defence.

I know nothing at all about it.

At the Jury's request the child is set up and examined, but not sworn.

Q. Did any body hurt you?

Child. Yes.

Q. Who?

Child. Aaron Davids .

Q. Where does he live?

Child. He lives in Woolpack Alley.

Q. Where is he now?

Child. (Pointing to him.) There he is.

Q. How long is it ago that he hurted you?

Child. A good while.

Q. How long?

Child. I do not know.

Q. Was it last week?

Child. No, Sir, a good while longer.

Q. How much longer?

Child. Almost four months.

Q. How long after you was hurt, did your mother find it out?

Child. I do not know.

Q. Did your mother ever find it out?

Child. It came out by another child.

Q. Did you never complain to her?

Child. No.

Q. How came you not to complain?

Child. Because he said the rats and mice would eat me up.

Q. to the mother. Did you ever apply to Hannah Owen ?

Mother. Yes, once to look at my child.

Q. How long was that after you had found it out?

Mother. That was ten weeks, or two months ago.

Q. Did she look at it?

Mother. She did.

Mrs. Owen. I did not examine this child; the mother shew'd me it as she lay in her lap, but I cannot say I saw any thing the matter with it; I did not examine it so strictly as I did the other child; the mother told me the affair, but I never touched the child: I did examine the other two, and they were both found, no man ever had to do with them; but as for this I will not take upon me to swear, because I did not examine it.

Acquitted .

(L.) He was a third time indicted for the like offence , on the body of Hannah Hart , spinster, an infant, under seven years of age . ++

Mary Hart . I am sister to the child; my mother is not here. The child came home from Mrs. Davids's school about four months ago, and went to the pot, and cry'd out sadly. My mother asked her what was the matter. She answered, Aaron pushed her with a broomstick. The child went to that school afterwards for upwards of a week or a fortnight, but was not very well, and broke out upon her face.

Q. Where is your mother?

M. Hart. She was here, but is gone I know not where. It is not a young woman's place to take notice what is the matter: I know nothing of it; I thought she was gall'd, and put a piece of fullers earth to her.

Acquitted .

29. (L.) Hannah, wife of James Shute , was indicted for stealing one pair of stocking breeches, value 4 s. one muslin neckcloth, value 2 s. one shift, value 3 s. and two aprons, value 3 s. the property of Samuel Tate ; one handkerchief, value 1 s. one other handkerchief, value 1 s. and one lawn apron , the property of Ann Campbell , Nov. 17 . ++

Samuel Tate . I live at the Two Brewers, the corner of Golden Lane . I lost a pair of stocking breeches, a shift, a neckcloth, and two long lawn aprons. The prisoner was a lodger in my house. The goods were found at a pawnbroker's. The prisoner was taken up, and charged with taking them before the sitting alderman, and she own'd it. The other things mentioned in the indictment belong to Ann Campbell , who is my servant.

Ann Campbell . I lost two handkerchiefs and an apron three weeks ago last Saturday, and I found them again at the pawnbroker's.

William Warren . The prisoner at the bar brought a pair of stocking breeches, a muslin handkerchief, a shift, two lawn aprons, a linen handkerchief, and a silk one, and pawn'd them with me. These people came and owned them.

Prisoner's Defence.

You say your door was always locked, when at the same time your wife was up in my room, treating my husband with a pot of beer, and your door was open; the things lay upon a chest, and I went in and took them. Pray don't be so hard against me; I own myself in a fault, and it is the first I ever did.

For the Prisoner.

Mrs. Hooker. I have known the prisoner thirteen or fourteen years, and keep a publick house. The prisoner frequently washed and scowered for me, and she never wrong'd me of any thing; I never heard any thing bad of her before now.

Mary Davis . I have known her sixteen years; two days before she did this crime she washed for me, and has for fifteen or sixteen years; I never in my life heard but what she was honest, and I would take her home to wash for me now, was she out. I believe she is as much guilty of it as we are, and I am afraid she has fallen into bad hands. I believe her as honest as myself, and I believe myself as honest as any body. If I had known she had been here. I would have brought better people to her character than there are.

Warren the pawnbroker. I have known her above twelve years, and never heard any harm of her.

Ann Burnet . I have known her these twelve years. I keep a house, and have an undeniable character. The prisoner has washed and carried out things for me, and she always behaved handsomely. I never heard a bad action of her.

Guilty .

[Transportation. See summary.]

30. (M.) Thomas Donnaldson was indicted for that he, on the 27th of October, about the hour of two in the night of the same day, the dwelling-house of Joseph Wright did break and enter, one hat, value 10 s. one peruke, value 10 s. one pair of worstead stockings, value 2 s. and one pair of silk stockings, value 2 s. in the said dwelling-house did steal, &c. ||

Joseph Wright . I live in Brick-Lane, Spital-fields .

Q. What business do you follow?

Wright. I am in the coal way. On the 27th of October last my house was broke open.

Q. At what time did you first know of it?

Wright. The girl told me that a light was taken out of the window, about 6 in the morning. I went and saw the light lying on the coals. This was a window to the back kitchen belonging to my dwelling-house, even with the ground. When the light was taken out, there was room enough for the biggest man in this court to get in. I missed a hat, a peruke, and two pair of stockings, from out of another kitchen, which that kitchen goes into. I had wore my hat and wig the day before; this was on a Sunday. I had a suspicion of the prisoner, and took him on the Tuesday following he had work'd for me about 8 or 9 days, and lodged some nights in that time at my house. I took him at the Castle alehouse in Field Lane, and charged a constable with him, he having ran away with some coals sack and all. I asked him how he could serve me so; this was at my first going in. He made little or no answer, but said he should be glad if I would not be angry, and he'd be three halfpence with me. I said I was going 2 or 3 doors farther, and would be back again by the time he had got the beer drawn and a toast put in it. I went and got an officer, and when I returned, I was told the prisoner was gone to the necessary house, where I found him sumbling about his pockets. I gave the constable charge of him, on suspicion of breaking my house and robbing me; he quiver'd like an aspen leaf; we took him before justice Fielding, and the next day I had an account of my wig being found at the Castle, behind a water tub, just by the necessary house; it was delivered to me by the maid servant; the prisoner told me he had pawned the hat and stockings for want, at a pawnbroker's by St. Giles's. When I went to him in the prison, he owned he was the person that broke open the house, and took the things, between 2 and 3 in the morning.

Cross Examination.

Q. What day was it that you went to him to New-Prison, and he made this confession?

Wright. That was on Wednesday the 30th. I had him next day before Mr. Fielding again (the perule produced in court and deposed to.)

John Gallantly . I only come here to prove I made the wig for the prosecutor.

Q. to prosecutor. Where is the girl that found the wig at the Castle?

Prosecutor. They have taken care to get her out of the way, but here is a man that saw the prisoner with it on.

Nicholas Mills . I went in at the Castle that Tuesday morning, and saw the prisoner at the bar with 2 or 3 women drinking in a box; he had a wig on, the colour of this, and when the prosecutor came and took him, he had a cap on.

Q to prosecutor. Did you ever make any overtures to the prisoner, in order to make this matter up?

Wright. No, but his father did to me; he asked me what I would take for the hat and wig.

Q. Whether you did not tell the father, that if he would give you 4 or 5 guineas you would drop all prosecution.

Wright. No, that I did not; the father proposed it to me, and I said I would not, nor could not, without offending the law.

Prisoner's Defence.

My prosecutor came to me in New-prison on the Thursday night; we went into the alehouse, and drank together; he gave me part of two or three pots of beer, and asked me about the robbery; he knew I could neither read nor write, and every word I spoke he wrote down, and would not let any body look over his shoulder; if you enquire into his character in Spital-fields, they will tell you what sort of a person he is.

For the Prisoner.

Thomas Donnaldson . I am father to the prisoner. Mr. Wright offered to me to make this up for 51. if I would give it him; I said, my child has rob'd you of nothing, then he proposed to meet me again; then he went and got into Long Charles's gang (a company of thief takers) and went to New-prison and hook'd my child in

Mrs. Banister. I have known the prisoner 18 or 19 years, he is a very honest lad as far as I know; he work'd in the coal way, my husband is a coal-heaver.

Mrs. Salisbury. I have known the prisoner from his birth, aad never knew him to wrong man, woman, or child in my life.

John Emmerton . I have known him about 7 years; he is a very honest lad.

Q. What are you?

Emmerton. I keep a fish-stall in the Fleet-market.

William Stort . I am a picture frame maker, and live in Sea coal-lane; I have known the prisoner ever since he was born.

Q. What is his general character?

Stort. He has a very honest character.

Mrs. Parsons. I have known him 10 years, he is a very honest industrious lad; I would trust him with all I am worth, if I had a thousand pounds.

Q. What are you?

Parsons. I am a market-woman.

Acquitted .

31. (L.) John Crowther was indicted for stealing a saw, value 2 s 6 d. the property of Joseph Scott , November 27 . ++

Joseph Scott . I am a carpenter , and was at work at a warehouse in Pudding-lane . I happened to step out for about 2 or 3 minutes to my house, which is within sight of the place, and as I was coming out of my own door, I saw the prisoner come out of the place where I work'd; he ran away upon seeing me pursue him, and clap'd the saw down by a door way I ran and took hold of him, and brought him back, and my saw was found about a hundred yard from the place whence he took it.

Elizabeth How . I saw the prisoner at the bar, (when Mr. Scott was pursuing him) set the saw down at a door in Pudding-lane. opposite where I live (produced in court and deposed to.)

Charles Mortly . The prisoner was brought down to my house, I am a constable. I carried him before the sitting alderman, where he seem'd to confess at last; he was willing to go for a soldier, but they would not accept of him, he being too old.

Prisoner's Defence.

I had been from Clerkenwell to the Borough, and as I was coming back again, a gentleman said I have got an old packing case; if you will make it a little less I will pay you for your labour; I said, I had no too about me; he said if I had a saw, he could help me to a hammer. I went to this place, (what Mr. Scott says is true) but there was nobody there or I would have asked them to have lent me one. I tell the truth, I took the saw in my hand with intent to do the job and then return it, not with intent to keep it the least in the world; I should not have been gone half an hour with it.

Guilty, 10 d

[Transportation. See summary.]

32. (L.) Dennis Macquire was indicted for that he together with Mary Gwyn , did steal five gallons of cows milk, value 5 s. the property of Robert Whetam , ++

Acquitted .

33. Samuel Terry was indicted for stealing eight 36 s. pieces, 258 guineas, and one half guinea the money of Thomas Selwyn , Esq ; one moidore, three guineas, and one shilling , the money of Thomas Selwyn , Esq ; and John Sherrard , November 28 .

To which he pleaded guilty .

[Transportation. See summary.]

34. (M.) Mary, wife of John Kenchley , was indicted for stealing 9 s. in money numbered , the money of Patrick Kelly , Nov. 1 . ||

Mary Kelly . My husband's name is Patrick Kelly . The prisoner and I were partners together, in buying and selling cloaths. I was with child, and not able to go about the streets on my business, so I nursed a woman in the house where the prisoner and I lived. When I dropped partnership with the prisoner I had six shillings of my own, and at the christening I had three shillings given me, which nine shillings I had laid upon a chest of drawers in the room where the woman lay in.

Q. Was it put into any thing?

M. Kelly. No, it lay loose upon the drawer; I put it there in the afternoon, and I missed it in the evening.

Q. Where was you when it was taken away?

M. Kelly. I was up and down stairs, nursing the woman; it is a publick-house, and there was no servant to attend business but myself.

Q. Had the prisoner been in that room the day you lost it, can you tell?

M. Kelly. She had been there backwards and forwards all day.

Q. When you missed your money, what did you do?

M. Kelly. I fell a crying. I was not able to pursue her, for I was delivered in three days after; I was obliged to go into the Lying-in-Hospital. After I got up I went to the prisoner, and asked her to give me some relief, and help me to some of my money. She said, call upon me next week, and I will give you six pence or a shilling. I called, but she would not give me a farthing.

Q. Did she acknowledge she had taken your nine shillings?

M. Kelly. Yes; there are witnesses enough of that.

Q. Are they here?

M. Kelly. No, they are not.

Q. What did she say she had done with it?

M. Kelly. She said she had drank seven shillings of it the very same night that she took it away. I took her before justice Welch, before whom she acknowledged that she took it away.

Prisoner's Defence.

My husband is on board one of his majesty's ships, serving his country. I hope you will take compassion on me, and give me till to-morrow to produce my witnesses. She and I were partners. I gave her eleven pence a day when I earned twenty-two pence, at the time she was not a nurse keeping. She said she would never come against me, and I gave her a crown in her hand in the Round-house, besides a leg of mutton.

Acquitted .

35. 36. (L.) Mary Edwards , otherwise Sarah Mac Duel , and Elizabeth Brown , were indicted for a conspiracy, in attempting to charge Thomas Wintle with the crime of adultery, with an intent to get unlawfully a large sum of money into their hands , Sept. 10 . ||

Thomas Wintle . I live in the Poultry.

Q. What is your business?

Wintle. I am a goldsmith .

Q. Are you a married man?

Wintle. I am; I have been married these four years.

Q. Do you live with your wife?

Wintle. I do.

Q. Do you know either of the prisoners at the bar ?

Wintle. I never saw either of them till they brought the letters to my shop.

Q. Who brought them?

Wintle. Edwards brought the first?

Q. When?

Wintle. On the 10th of September last, in the evening, about nine o'clock, but I did not see her face, for she had got a bonnet over her face. She has since acknowledged that she was the person who gave me the letter.

Q. In what manner did she come?

Wintle. She rang at the door, to which I went, and she gave me the letter. I said, who is this for? She said, if you open it, you will know, clapped it in my hand, and ran away.

Q. What direction was on the letter?

Wintle. There was none at all; this is it. [He delivers in a letter.]

It is read to this purport:

"Sir, I should be glad to see you at Mrs. Sherron's,

"a chandler's shop, in Little NewportStreet,

"the corner of a court, near Cranbourn Alley,

"up one pair of stairs, at Mrs. Brown's,

"Your's, Mary Edwards ."

[On one side was wrote Sally Mac Duel .]

Wintle. That on the side the constable wrote. After she was taken up, she acknowledged her name was Sally Mac Duel , so he put it on the same letter.

Q. Did you go in consequence of this letter?

Wintle. No; I took no notice of it, but shew'd it to several gentlemen who came to my shop. I thought it came from some common prostitute.

Q. Did you receive any other letter?

Wintle. I did, on the 18th of September.

Q. Who brought that?

Wintle. Brown, otherwise Everitt, brought it; she came into my shop between eight and nine in the evening, and pulled two tea spoons out of her pocket, saying, do you buy old spoons; I said yes, and went to weigh them. She said you need not weigh them, for I have got some other business with you, and gave me this letter (producing one.)

The letter read to this purport:

"Sir, I hope you remember the time you met

"me in Morefields, the time of the princess of

"Orange's death; that I proved with child, and

"went into the country to my friends, till I could

"hide my condition no longer; and as I draw

"near my time, I hope you will assist me, and I

"shall for ever be bound to pray for you; if you

"please, come to Mrs. Sherron's, a chandler's-shop,

"in Little-Newport-Street, the corner of a

"court, near Cranbourn Alley, up one pair of

"stairs, at Mrs. Brown's."

I read it, and said, what do you mean by bringing me such a letter as this; she said, give yourself no such airs, for there is the girl at the door, that you got with child; upon that I called my wife down stairs, and then said to the prisoner Brown, does this letter belong to you, I know nothing of it; then she said it is Mrs Edwards's, and called her in; I said to my wife, here is a girl come to accuse me of geting her with child, whom I never saw in my life. Then I sent my girl for a constable.

Q. What did Edwards say when she came in?

Wintle. She said I was the person that got her with child. The constable came, and I asked him what I must do; he said, take them before my Lord-mayor, but we found he was not in the way; then I told the constable, if he would put them in the compter I'd bear him harmless. The constable asked her her name; she said she was with child by me, and her name was Mac Duel ; then he clap'd that down in the letter. Brown said she could get bail. In going to the watch-house a fellow jostled against the constable, and Edwards made her escape. As soon as I had called my wife, Brown said, take notice how long you detain us. Upon this I imagined she pretended to bring an action. The other said to the constable, what do you detain me for, I fancy I can find the other at the door. They went, and found the other that had gotten away, opposite the door, on the other side of the way, at the corner of the Old-Jury; then he brought them both to the shop, when Brown said she was not concerned, only in bringing the letter. When we were going to the watch-house, a man jostled the constable and Edwards got away a second time, but we kept the other. About two o'clock came in one Higgins, a lawyer's clerk, who gave bail for Brown's coming in the morning; she was to bring the other with her, but came without her, and said Edwards was waiting at an alehouse in Fleet street, so the constable went and found her there; then they were both brought to my shop, and we went before the present Lord-mayor, who committed them both to the compter, and bound me over to prosecute them.

Q. Did Edwards say when she was got with child?

Wintle. She said, that at the time of the princess of Orange's death I met her in Morefields, in the month of February, took her to a tavern, between eight and nine o'clock, was with her an hour and a half, treated her, was concerned with her twice, and gave her four shillings, and that I would have treated her with a coach home; that then she lived with a relation in Chiswell street, and refused the coach, but watched me home, to know where I lived. My Lord-mayor said, it was very odd, if that was true, you should never call upon the gentleman till now, what did you do with yourself before this time. She said that six weeks before she lived in Leicester-street, after that in Kensington, but had been removed into Parliament-street. His lordship asked her where she lived before that, but she made no answer to that. Then the other prisoner Brown was called, and asked how she came to bring such a letter to me; she said she knew the girl two or three years ago, by drawing beer at an alehouse, upon which she brought the letter for her, and that she had helped her to wash for three weeks.

Q. Whether or no the charge that this letter imports is any part of it truth?

Wintle. No, it is not, not a word of it; I never saw either of the parties in my life, till they came to my shop, as I have mentioned.

Q. Did she mention the tavern or sign where she said you were together?

Wintle. No, she said she did not know the tavern nor the sign.

Q. Was you ever in Morefields with her?

Wintle. I never was in Morefields at such time as she speaks of in my life, nor never was in company with her in my life; I never saw either of them before.

Q. Is this whole accusation, contained in the letter, true or false?

Wintle. It is every part of it false; I never knew either of them in my life.

As nothing could be charged upon Brown, otherwise Everitt, but carrying a letter, and the fixing it upon the other, were she ever so guilty, would not be sufficient to prove this indictment, for no person can be said to conspire alone, they were both acquitted .

37. (L.) Thomas Page was indicted for obtaining goods by false pretences. with intent to defraud Joseph Gayland and Robert Barber , to the value of 34 l. 19 s. June 14 . ++

Edward Dukes . I live servant with Mess. Gayland and Barber, in Thames-Street .

Q. What are they?

Dukes. They are wholesale grocers ; the prisoner at the bar came to our shop on the 14th of June last, inquired for Mr. Barber, and asked how he did. I told him Mr. Barber was in the country. He said he wanted a hogshead of sugar, and accordingly I sold him one. Then I said, you are a stranger to me, therefore my masters will expect the money for it, please to walk into the compting-house, and leave me a direction where you live; he left me a direction, and told me if I came with the sugar in a cart, he should be at home about four o'clock inthe afternoon, and would give me the money; accordingly I went, but when I came there he was not at home.

Q. Where was his house?

Dukes. It was in East-Smithfield.

Q. Who did you find at his house?

Dukes. His wife; I asked her what time she expected him home; she said she could not tell, but she expected him home soon. We put the hogshead of sugar into the shop, and I waited there upwards of an hour; I came away, and the next morning I went again, but saw nothing of the prisoner; on the Monday following he sent me a letter (producing one.)

Q. Do you know it to be his hand-writing?

Dukes. No, I do not.

Court. Then it cannot be read.

Q. Did the prisoner say he was acquainted with Mr. Barber?

Dukes. He told me he knew Mr. Barber very well.

Q. Would you have let him have had the sugar, if you had not heard him say he was acquainted with Mr Barber ?

Dukes. I do not believe I should.

Q. Was the sugar ever paid for?

Dukes. No.

Cross Examination.

Q. What time of the day was it that he came?

Dukes. It was about ten or eleven o'clock in the forenoon.

Q. You say he said he knew Mr. Barber, did you ask him who he was?

Dukes. Yes.

Q. Did he tell you?

Dukes. Yes.

Q. Did he write his name in your compting-house?

Dukes. Yes.

Q. Did he give a right direction, for the sugar to be sent by the carman?

Dukes. Yes, and he said he would pay me.

Q. Did you go to the prisoner on the Monday after ?

Dukes. I went to his house.

Q. Did you find him in his shop?

Dukes. No.

Q. When did you see him?

Dukes. I saw him on the Wednesday following.

Q. Where?

Dukes. He was in his shop then.

Q. What passed at that time?

Dukes. I asked him for the money, and he told me he should call upon Mr. Barber and Mr. Gayland.

Q. Did he not at that time offer you some money?

Dukes. No, he did not.

Q. Did he not offer to pay you fifteen or sixteen guineas, in part of that debt ?

Dukes. No, he did not.

Q. Did not he at any other time?

Dukes. No, I asked his wife for part of the money, if he could not give me the whole, and said if he did not like the sugar, I would take it back again, and he should be at no expence for the cartage.

Q. What answer did she make?

Dukes. She told she could say nothing to it.

Q. Was there never an offer made you to pay you in part?

Dukes. No, never; I asked him and his wife to pay me.

Q. What day was that?

Dukes. That was on the Wednesday.

Q. What answer did he give you?

Dukes. He said he had not quite money enough, but he was going out, and should get a little more; that I should have some the next day, and he would call and pay my master.

Q. Did you ask for the whole, or part then?

Dukes. I asked for the whole thirty-four pounds and upwards.

Q. If he had offered you any in part, should you have taken it?

Dukes. I should.

Q. If he had offered you five pounds, would you have taken it?

Dukes. I should; I would not have refused to have taken any part of the money.

Mr. Barber. I never saw the prisoner before I saw him at the bar, to my knowledge.

Q. Have these goods over been paid for?

Barber. No.

Cross Examination.

Q. Do you know Mr. Macmurdow, at the corner of Ludgate Street ?

Barber. Yes, I do.

Q. How long have you known him?

Barber. I have known him some years.

Q. Have not you dealt with him?

Barber. I have.

Q. Have you often been at his house?

Barber. I have.

For the Prisoner.

Mr. Macmurdow. I have known the prisoner at the bar some years.

Q. Where do you live?

Macmurdow. I live in St. Paul's Church Yard.

Q. What is your business ?

Macmurdow. I am a grocer.

Q. Where did the prisoner live?

Macmurdow. He kept a grocer's shop in East-Smithfield.

Q. Was he not once your servant ?

Macmurdow. He was, in part of the years 1752 and 1753.

Q. During that time was you acquainted with Mr. Barber?

Macmurdow. I was; I had at that time pretty large dealings with him.

Q. Did the prisoner at the bar use to go down to Mr. Barber's on any business for your account in that time?

Macmurdow. He might for what I know.

Q. Have you had any dealings with the prisoner at the bar since he has lived in East-Smithfield ?

Macmurdow. I have served him with some goods, such as teas and such things, and he always paid for them as I sent them.

Cross Examination.

Q. If a person comes to your servant, and promise to pay him for goods, and gets them, and does not pay for them what do you think of that?

Macmurdow. I should think my servant should take care and have the money before he delivers the goods.

Q. If a man gains credit with your servant at your shop, by pretending to be acquainted with you, and your servant delivers him goods upon promise of payment of ready money, and he does not pay at all, do you think that an honest man ?

Macmurdow. I should think my servant must be really persuaded that he is an acquaintance of mine before he would deliver them.

Council. That is not an answer.

Macmurdow. A man may be a rogue in pretending to do it, but I should think my servant a very great fool to deliver goods upon such a contract, without taking the money.

Q. Did you ever authorise the prisoner at the bar to make use of your name, in getting any credit from any of your customers where you have dealt, to get goods?

Macmurdow. No; I do not know that ever I gave him the use of my name for any thing.

Q. Suppose a man should buy goods, and not keep his payments, should you think that an honest man?

Macmurdow. There is many an honest man that cannot make good his payments at all times.

Sarah Osborn . I was servant to Mr. Page in June last.

Q. Where did he live then ?

S. Osborn. In East Smithfield.

Q. Did he keep a publick shop?

S. Osborn. He did.

Q. Do you remember Mr. Dukes's coming there in June?

S. Osborn. I do.

Q. What day?

S. Osborn. It was on the 18th of June.

Q. What did he come for?

S. Osborn. He came to my master the prisoner, for money for a hogshead of sugar.

Q. How do you know it was the 18th?

S. Osborn. That very morning I had been at the King's-Bench, for a rule for my master.

Q. How do you know it was a rule?

S. Osborn. Because I had never seen such a thing before, I opened and look'd into it.

Q. What do you mean by a rule?

S. Osborn. A rule of court I believe.

Q. Was your master in prison then?

S. Osborn. No, he was not.

Q. What sort of a thing was that rule?

S. Osborn. It was a piece of paper.

Q. How came you to call it a rule?

S. Osborn. I think they call it a rule, and I remember it was on the 18th of June.

Q. What day of the week was it?

S. Osborn. It was on a Monday, and after I came from bringing the rule my master had a friend drinking a pot of beer with him, when this Mr. Dukes came in, and my master asked him if he would drink.

Q. Was your master confined at home then?

S. Osborn. No, he was not.

Q. How came you to go for a rule?

S. Osborn. I do not know any farther.

Q. Who sent you for the rule?

S. Osborn. My master did.

Council for the prisoner. I own by this he must have been a prisoner. I find upon the return of the habeas it appears he was committed by Sir Michael Forster to the King's Bench on the 16th of June.

Q. What did Mr. Dukes say when your master asked him to drink?

S. Osborn. He said, he did not care if he did.

Q. What was it you heard pass between your master and Mr. Dukes about paying any money?

S. Osborn. He asked my master for money for a hogshead of sugar; my master reply'd, he could not pay him then, by reason he had just paid the king his duty.

Q. Duty upon what?

S. Osborn. Upon soap; my master made soap. He said if he would take what he had in part, which was about 15 or 16 guineas, he would give it him, and would in a few days pay him the rest.

Cross Examination.

Q. Did you see any money produced?

S. Osborn. No.

Q. to Mr. Dukes. Did you deliver this bill of parcels at the time you delivered the goods? ( producing one.)

Dukes (taking it in his hand.) Yes, I did.

It is read to this purport.

"LONDON, June 14, 1759.

"Mr. Thomas Page bought of Gayland and

"Barber Jamaica sugar a cask, quantity 1512 lb.

"weight - 34 l. 19 s. 1 d.

"Deducted 114 lb for tare."

Guilty .

[Imprisonment. See summary.]

38. (L) William Tipton , victualler , was indicted for the willful murder of William Walker ; for that he, not having the fear of God before his eyes, but being moved by the instigation of the devil, on the 15th of August , in a certain chamber, called the Club-room, belonging to the alehouse of the said William Tipton , called the Fox and Bird-cage , feloniously, willfully, and of malice afore thought, did make an assault, and he, with both his hands, did take the said William Walker , and cast and threw him out of the window into the street, upon the pavement of stones, by which means he received a mortal bruise on the fore part of his head, by which bruise he languished from the 15th of August to the 22d of October, on which said day he did die, in London. ||

Mr. Potts. I am surgeon to St. Bartholomew's hospital; the deceased William Walker was brought in there on the 15th of August last. I saw him in about an hour after he was brought in, and found him quite senseless, with a very considerable bruise on the fore part of his head; from the appearances and from the symptoms, I had geat reason to conclude his scull was broke, and on removing the scalp I found it so, in two places.

Q. What part of the scull was it?

Potts. They were both in the fore part of the head, and no doubt both produced by the same blow; the two places were little more than a finger's breadth distance. I trapan'd him immedi ately.

Q. What is that? It is necessary the jury should know.

Potts. That is making a hole in the scull, and taking a piece out.

Q. When did he die?

Potts. About the middle of October.

Q. What did he die of?

Potts. Of that fractured scull.

Q. Are you certain of that ?

Potts. I have not the smallest doubt concerning it.

Q. Could you make any judgment whether he was fuddled at the time that he received the fracture ?

Potts. It is not possible in those cases to distinguish that, for the symptoms produced by the pressure of this bone, so totally deprive a man of any kind of voluntary action, that it is impossible to know whether he was fuddled or not.

Q. Did you ever hear him make any declaration?

Potts. No; when I first saw him he was incapable of speech, and after that he became capable in a very particular manner, but I never heard him speak sensibly at all during the whole time; I only speak for myself.

Q. How often did you see him?

Potts. I certainly saw him every other day, and sometimes every day.

Q. For how long did you see him every day?

Potts. Perhaps for the first fortnight.

Q. During that time did you never find him in his senses ?

Potts. During that time I did not perceive he was; they appeared to me to be clearly lost.

Q. Did any body attend him besides you?

Potts. My young man saw him every day; if he had been sensible he would have asked him some question or other, which he never did.

Cross Examination.

Q. How long after he was brought in might it be before you saw him?

Potts. I believe I might see him within the hour.

Q. From the nature of the fractures and trapanning, whether you think he could be in his senses or not, so as to know what he said?

Potts. That is impossible for me or any body to answer. I could run over a great many hard words, but I cannot answer that: Sometimes very bad fractures do not deprive people of their senses, and sometimes very trifling affairs of fractures render them totally deprived of their senses.

James Gordon . I am an apprentice to Mr. Potts. I saw the deceased within the space of time I could go from our house to the hospital, which was within half an hour after he was brought in.

Q. Was he sensible at that time?

Gordon. No, he was not.

Q. How often did you attend him?

Gordon. I attended him every day, once or twice a day; the first week or ten days he was there, I was with him twice a day, and the remainder of the time every day

Q. Did you attend him all the time to his death ?

Gordon. I did.

Q. Did you ever see him in his senses?

Gordon. I never did.

Note, The Last 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 5th, Thursday the 6th, and Friday the 7th, of DECEMBER.

In the Thirty-third Year of His MAJESTY'S Reign NUMBER I. PART III. for the YEAR 1760. Being the First SESSIONS in the MAYORALTY of The Right Honble Sir THOMAS CHITTY , Knt. LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by G. KEARSLY (Successor to the late Mr. Robinson) at the Golden-Lion, in Ludgate-Street, 1759,

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, and Oyer and Terminer, for the City of LONDON, and at the General Sessions of Gaol Delivery of Newgate, holden for the said City of LONDON, and County of MIDDLESEX, at Justice-Hall in the Old-Bailey, &c.

Q. COULD you form any judgement when he came into the hospital whether he was in liquor, or whether his insensibility proceeded from the blow?

Gordon. There is no forming any judgement of that.

Q. Did you ever hear any questions asked him?

Gordon. The people about him have asked him who threw him out of the window, but I did not give any attention to it, thinking him not in his senses.

Q. Who has asked him any questions when you have been there?

Gordon. I have been there when the sister of the ward has asked him who threw him out, and he has mentioned the word Tipton, only the word Tipton.

Q. How often have you heard that question asked?

Gordon. I cannot pretend to say how often; I have heard it asked.

Q. Did you ever hear him use any continued discourse at any time?

Gordon. Never. I have heard them ask him whether he would have any food; he has said, yes or no, and to the other question he has said Tipton; yet at no time I thought him sensible.

Q. When he answered Tipton, did not you apprehend he was in his senses?

Gordon. No.

Q. Why?

Gordon. Because he did not appear to be so.

Q. How was he in other particulars?

Gordon. I never asked him any questions.

Q. Why so ?

Gordon. Because I did not think him capable of giving any sensible answer.

Q. Did you take him not to be in his senses all the time?

Gordon. I did.

Susannah Clark . I know the prisoner at the bar; he lived in Arthur Street, Goswell Street, at the Fox and Bird Cage.

Q. Where do you live?

S. Clark. I lived at Mr. Manning's, a baker, in Arthur Street.

Q. How near is that to the prisoner's house?

S. Clark. That is about eight or nine yards from it, facing it, a little on one side.

Q. Did you know the deceased?

S. Clark. I did, by sight.

Q. When did you see him last?

S. Clark. On the 15th of August last I saw him sitting in the window of the prisoner's house.

Q. Had you seen him before that day?

S. Clark. No; this was about four or five o'clock in the afternoon.

Q. What window was it?

S. Clark. It was the middle window up one pair of stairs.

Q. What sort of a window?

S. Clark. A sash window.

Q. Was the sash up or down?

S. Clark. The sash was up.

Q. Is there a road along that street ?

S. Clark. It is a road way, a paved street of rough stones.

Q. How did he sit in the window?

S. Clark. He was sitting upon the window seat, leaning with his elbow. [She described it as leaning his elbow on the bottom of the window, higher than the seat he sat upon.]

Q. How long had you seen him sitting so before the accident happened?

S. Clark. About five minutes before.

Q. Did you see him afterwards?

S. Clark. I saw him lying on the ground.

Q. Did you see him sit down in the window at first?

S. Clark. No, I did not; but I saw him sitting there.

Q. Did you see him all the time?

S. Clark. No, only about five or six minutes; after I had seen him sitting I heard the fall.

Q. Did you see any body in the room?

S. Clark. I only saw Mr. Blower in the room besides.

Q. How wide is the street?

S. Clark. It may be twelve or thirteen yards wide.

Q. Was you near enough to hear what was said?

S. Clark. I heard some high words, but I do not know who they were between; I did not take notice of them.

Q. Can you tell whether they were between the deceased Walker and any body else?

S. Clark. I cannot tell.

Q. How many voices did you hear in the room?

S. Clark. I cannot tell.

Q. Could you observe at that time whether Walker was sober or fuddled?

S. Clark. That I cannot tell. for I did not give ear at all to what they were talking of; they were talking aloud, but I did not think what would happen.

Q. What was you about at the time?

S. Clark. I was sitting at work with my needle at the window in my room, and heard a talking very loud; they were at a play, which I believe they call rolipoly, that was said afterwards; I did not see them at it, but I heard them. When I heard something fall, I ran down stairs directly, and there saw Walker lying in the street. I looked up directly, and said to Mr. Tipton, how could you fling a man so out at the window?

Q. Where was Tipton ?

S. Clark. He was then looking out at window.

Q. Did you see Walker lying upon the ground when you was looking from your own window?

S. Clark. I did.

Q. Did you see Tipton at the window then?

S. Clark. No, I did not; but when I came down he stood looking out at the window.

Q. What did Tipton say when you spoke to him ?

Clark. He d - 'd me for a bitch, and said he did not come out at the window.

Q. Did he say where he came from ?

S. Clark. He said he was coming from Mr. Strong's along the penthouse, and fell down.

Q. Where does Mr. Strong live?

S. Clark. His house is next to Tipton's; there is a penthouse under that window all along, which joins both houses; it is shelving, but people may walk along it, if they take care.

Q. Did you ever see Walker on that penthouse?

S. Clark. No.

Q. What passed next?

S. Clark. I saw Tipton come down to his own tap-room, and fling up the window; he stood and swore, but I went away to my own room, my child crying, so heard nothing of what he said.

Q. Did you see Tipton in the room, while Walker was sitting at the window?

S. Clark. No.

Q. How then came you to ask him how he could do so, to throw the man out of the window ?

S. Clark. Because he is a very dissolute man in swearing and cursing; I have seen him in passions several times, which gave me reason to think so; I had no other reason.

Q. Do you know whether any body saw him fall?

S. Clark. I can't tell whether any of the other witnesses did or not.

Ann Adams . I did live at Mr. Tipton's as a servant, just a week.

Q. Do you remember the deceased being at your house on the 15th of August?

A. Adams. I do.

Q. Did you see him come in that day?

A. Adams. Yes.

Q. When did he come in?

A. Adams. I cannot justly remember, he came in the morning first.

Q. Did he live near your master's house?

A. Adams. He did.

Q. How long did he stay there the first time?

A. Adams. I can't tell.

Q. Did he dine there?

A. Adams. No; he went away before dinner, and came again afterwards.

Q. What time did he come after dinner?

A. Adams. I can't justly tell.

Q. What became of him, when he came after dinner?

A. Adams. He was up in the club room.

Q. Who else was there?

A. Adams. Nobody but Mr. Blower and Mr. Tipton.

Q. How do you know they were all three there?

A. Adams. I carried them up a bowl of liquor, the last they had.

Q. How long was Walker in the room?

A. Adams. I can't say.

Q. Was he there above an hour?

A. Adams. He was.

Q. How many bowls had they?

A. Adams. I don't know, I carried up no more than that.

Q. What were they doing when you went up?

A. Adams. Mr. Blower was setting the pegs up, Mr. Tipton was standing in the middle of the room, and Mr. Walker sat in the middle window.

Q. What pegs? explain that.

A. Adams. Rolipoly pegs.

Q. How was Walker sitting ?

A. Adams. In his shirt, and nothing on his head, with his hands doubled before him.

Q. On what did he sit?

A. Adams. On the seat of the window, the edge of the window was above where he sat.

Q. How long was that before he fell?

A. Adams. About ten minutes, as near as I can guess.

Q. How came he to be in his shirt?

A. Adams. He came in his shirt, with his sleeves tuck'd up, and nothing on his head.

Q. Do you know whether he was at play with them ?

A. Adams. There was never a one at play when I carried up that bowl.

Q. Did you stay there any time ?

A. Adams. I came down directly.

Q. Where they quiet and peaceable at that time ?

A. Adams. There was never a word said, I heard not a word.

Q. Where was you at the time Walker fell ?

A. Adams. I was backwards washing, I did not see him fall.

Q. Was Walker fuddled ?

A. Adams. I cannot tell whether he was or not ?

Q. What liquor had they ?

A. Adams. I cannot tell whether it was brandy and water, or run and water.

Q. How much did you carry up ?

A. Adams. The bowl hold a shilling-worth.

Q. What was the first alarm you heard?

A. Adams. Mrs. Tipton came out of the bar, and cried and said, the young fellow was either thrown out of the window, or fell out of it.

Q. What did you do upon this ?

A. Adams. Mr. Blower came down out of the room first, and Mr. Tipton followed him; Mr. Blower wanted to go, and Mr. Tipton said he should not go, for if one went to gaol the other should.

Q. How long was this after your mistress gave the alarm?

A. Adams. This was about 5 minutes after.

Q. Mention Tipton's words, the same he made use of.

A. Adams. Tipton said, d - n him he should not go, for if one went to gaol the other should.

Q. What did Blower say to that ?

A. Adams. Never a word.

Q. What was done after this?

A. Adams. They cried out for some water at the door, and I was going to carry some. Mr. Tipton said I should not carry him any, let him lie and be d - d.

Q. What was done after this ?

A. Adams. I never saw the deceased afterwards, till they brought him in a shell to Mr. Andrew's house.

Q. Had he been playing at rolipoly in the morning?

A. Adams. I cannot say whether he had or not.

Q. How much liquor had they drank ?

A. Adams. I cannot tell.

Hannah Parlament . I live in Green-harbour-court.

Q. How near is that to the house of the prisoner at the bar ?

H. Parlament. It is within a very little way?

Q. What do you know concerning this matter ?

H. Parlament. I have heard Mr. Tipton divers times threaten to fling the young fellow out of the window.

Q. Did you hear him threaten it the day that this thing happened?

H. Parlament. No.

Q. When was it?

H. Parlament. I cannot say the day of the month, nor the month, but I have heard him threaten it several times.

Q. What were his words ?

H. Parlament. I have heard him say, when words have arose, he would throw him out at the window, be it what it will.

Q. How long before this accidents?

H. Parlament. Near two months before. I saw him once take him up in his arms to throw him out, and laid hold of him, that he should not.

Q. How long was this before the accident?

H. Parlament. This was I believe about a fortnight before; when there has been a squable amongst other people, who was going, and they have had words amongst themselves, Mr. Tipton has taken it up.

Q. What room was this in?

H. Parlament. This was the one pair of stairs room; he offered to hurl him out of the same window, that by all account, he was thrown out at.

Q. Did he make any offer to throw him out?

H. Parlament. I saw him put his legs out at the window swearing many bitter words that he would hurl him out.

Q. How did he take him up?

H. Parlament. He took him up with one hand under his legs, his head lying on his left arm, and said d - n your soul I will burl you out of the window, putting his legs out as far as his thighs.

Q. What size was the deceased?

H. Parlament. He was a little man, deformed in his legs, what they call bandy-leg'd, and a weakly man.

Q. Was you at the house the day this thing was done?

H. Parlament. No, I was not.

Henry Bucher . I know but very little of it; the day the thing happened, just after it was done, Tipton and Blower were going into a hackney-coach, to go before the justice.

Q. About what hour was this?

Bucher. About 3 or 4 o'clock. I knowing the deceased, said to Tipton as he was going to get in, how came you to throw the poor fellow out of the window? he said he did not know how he came to do it; that was all I heard him say.

Q. Mention it again, and be sure give the right answer he made?

Bucher. As he was going to get into the coach, he past by me; I said to him, Tipton, how came you to throw the poor fellow out at the window; he said, I don't know how I came to do it. I am sure he said these words, and in that manner.

Richard Alingham . I have been in that room several times, when several people have been there, with Tipton, the prisoner at the bar, and the deceased, and the prisoner has offered to hurl him out of the window 5 or 6 times one after another, and once more than ordinary he catched him up in his arms, and was going to hurl him out, but I laid hold of him and hindred him.

Q. What room was this in?

Alingham. In the same room; there is a rolipoly in it.

Q. Was Hannah Parlament there at that time ?

Alingham. She was.

Q. How long was that before this thing happened?

Alingham. That was 5 or 6 weeks before.

Q. How did he take him up?

Alingham. He had taken him up with his arm under the deceased's head, and with the other hand held him under his hams, and his legs were a little way out of the window?

Q. to Hannah Parlament . Was you in the room at the time this witness speaks of?

H. Parlament. I was.

Q. Can you be particular as to what time it was?

H. Parlament. I cannot; I know Mr. Alingham was there at the time, he is my father, and laid hold of Tipton's arm at the time.

Cross Examination.

Q. to Alingham. Have you ever play'd there at rolipoly?

Alingham. I have with the deceased, several times.

Q. Had he threatened him before this?

Alingham. He had threatened him 5 or 6 weeks before this was done.

Q. Were not they perfect friends after that?

Alingham. The deceased came to the house every day, but they were not friends, for when ever he came Tipton was always quarrelling with him.

Q. What did he quarrel with him for?

Alingham. I do not know; Walker used to play at rolipoly, he was then at play, and I along with him.

Mary Setathurt . I was coming by the window along Arthur-Street under the prisoner's window, with my basket on my head; the deceased with his falling touched my basket; then I looked down, and saw him lying in his shirt, with his eyes fix'd in his head; the man of the alehouse looked out at the window and said d - n him, d - n him, let him lie, three times.

Q. How did the deceased fall?

M. Setathurt. He fell with his head foremost, and his legs lay open.

Q. What did he fall upon?

M. Setathurt. I cannot tell whether he fell against the step or the ground, but I think he fell with his head foremost.

Q. Did you know the man of the house?

M. Setathurt. I knew him plain enough, when he was before justice Welch; he came down and looked thro' the hole of the window, to see how pretty he lay.

Q. How long did you stay there?

M. Setathurt. I ran and fetched the surgeon, and instead of bringing one I brought two.

Q. What became of the deceased?

Mr. Setathurt. They got him first into his master's house.

Elizabeth Gosling . I am a Nurse belonging to St. Bartholomew's hospital; the next day, when Mr. Potts ordered a double watch to be with the deceased, I was one, and on the 24th of August, his master Mr. Andrews came in the morning and said to him, do you know me, Will; he said, yes; then, said he, tell me how the affair happened, and inquired of him whether he jump'd out at the window, or whether he fell out, or how it was; he said, he flung me out; his master said, what he, and he replied, Tipton. Then his master asked him who was in the room besides Tipton and he, and he said Blower; then he asked him if Blower touch'd him, and he said, No; he asked him how he flung him out, and he said he took me up in his arms and flung me out so, putting his arms out. [She describes with her hands how he described it to her.]

Q. Did you hear any declarations at any other time?

E. Gosling. Once at another time I heard him say something of it. I asked him one day, and said, Will, will you tell me how this affair happened? He seemed to be very solitary, and told me he would not tell me.

Q. How long was it before he died?

E. Gosling. I believe it was three weeks or a month before he died: I was with him eight weeks before he died.

Q. What were his words?

E. Gosling. He said, no. I said, why will you not tell me? He said, it was of consequence, and of great consequence. I said, will you sooner suffer, and lose your own life, than tell who did it? He answered, yes, he would, and said no more.

Q. Did you hear him say any thing any other time?

E. Gosling. No.

Q. Did you look upon him at any time to be sensible ?

E. Gosling. He was sometimes in his senses, and sometimes not; oftentimes he would give a rational answer.

Q. Did he speak intelligibly?

E. Gosling. He spoke very intelligibly at the time his master asked him those questions. I can't swear he was ever a very sensible man in his life time, but he gave rational answers.

Q. Did you take him to know what he talked of?

E. Gosling. I did.

Q. When was the last time that you asked him that question?

E. Gosling. That was about three weeks before he died.

Q. Between the 24th of August to the beginning of October, had any body come to visit him ?

E. Gosling. Nobody but his acquaintance to look at him.

Q. Would he ever converse with them?

E. Gosling. Sometimes he would speak to them, and sometimes not; he appeared upon a sulkish order. Sometimes he would give a rational answer, and sometimes not.

Q. How long was this conversation between you and him, after that between him and his master?

E. Gosling. It may be about a week or fortnight after that.

George Penny . I was a patient in St. Bartholomew's Hospital.

Q. Do you remember Walker being brought in there?

Penny. I do.

Q. How soon after he was brought in did you see him?

Penny. I saw him the minute he was brought in, and the next morning he called out, and beg'd to be lifted up; I went to lend the nurse a hand to lift him up; some persons came in to see him at the same time, one of which said, Bill, who threw you out of the window?

Q. Who was the person which asked that question?

Penny. I do not know who it was.

Q. What was the deceased's answer ?

Penny. He answered, Tipton; the same person again said, who threw you out of the window? the deceased a second time said, Tipton.

Q. Did you apprehend him to be in his senses?

Penny. By the words he made use of, in begging to be lifted up, I apprehend he was in his senses.

William Andrews . I went to the hospital on the 22d of August; I put it down in writing, because I would be particular.

Q. Was you his master?

Andrews. I was. I asked him whether he knew me, He answered, yes, I was him master Andrews. I said, Will, will you tell me how this unhappy affair happened? He said, yes. I said Will, don't put yourself in a hurry, consider it is a very weighty affair, for here are two lives at stake as well as your's, you might be fuddled, and sit upon the window, and tumble out; to which he answered, no, I did not tumble out, but he threw me out.

Q. Did he say he was not fuddled?

Andrews. No, he did not. I said, what he? He said, Tipton. Then I said, Will, was nobody else in the room besides; He answered, Blower. Then I asked him whether Blower meddled with him. He said, no, Blower was at the other end of the room. After that I might sit for the space of a minute or two, and I asked him for what reason? He said, I scored for him. I said, what did you not score fair, Will? He said, no, I did not.

Q. Was any body by at the time of these declarations?

Andrews. There were two people by, Mrs. Gosling was one, and one Mary Jones the other.

Q. What was meant by scoring?

Andrews. That was setting down the game.

Cross Examination.

Q. Had he been any time with them before this accident happened?

Andrews. I had been there with him about two hours before; his shirt was tucked up. I said to him, business is very much in a hurry, I would have you go home.

Q. How were they then as to friendship?

Andrews. They were then very good friends; I saw no malice then.

Q. Was the deceased apt to drink?

Andrews. He was.

Q. How was he for liquor when you was with him there?

Andrews. He was quite sober, having had nothing that day; he might drink once, but he would not go home; his mistress went for him, but he would not go home with her.

Q. Had not you a right to order him to go home?

Andrews. He being out of his time, I had no command of him. He was not used to that sort of liquor, which might take effect upon him; but I left him as sober as ever I saw him.

Q. What time of the day did you go away?

Andrews. It was about one o'clock.

Mary Jones . I was one that watched in the hospital, and watched the deceased Walker.

Q. Was you there the night he was brought in ?

M. Jones. I was; the nurse was out, and I was in her place. After the operation was over, two or three friends came in to see him, and asked him how he came by this accident. He said, Tipton sing him cut at the window. Twice the first night, and the next morning, upon the return of the nurse, he desired something to drink, so we lifted him up, and gave him something. Upon that, a patient seeing him lifted up, asked him how he happened by that accident. He answered, Tipton flung him out. The person in a minute or two asked him again, and he said Tipton. Some days after, his scull was trapanned again. I was by when Mr. Andrews his master came and asked him some questions; it was in a morning, and the other person also was present: The deceased then had two people constantly by his bedside. His master asked him how he did, and if he knew him. The deceased said, you are Mr. Andrews, my master. He said, Billy, how happened this accident, had you no quarrel with these people? He said, no, but I scored false. Mr. Andrews said, did you fall out of the window, or how was it? He said, no, Tipton took him in his arms, and flung him out so ( extending his arm.)

Q. When was this?

M. Jones. I cannot recollect the day of the month.

Cross Examination.

Q. Can you tell whether the surgeon had been there that day?

M. Jones. No, it was before their time of dressing.

Q. Do you think he was sensible?

M. Jones. Sometimes he had intervals of sense, but I do not swear he was sensible, though he was sometimes; generally he was not sensible.

Q. Do you look upon him to have been in liquor or not, at the time he was brought into the hospital?

M. Jones. At that time I look'd upon him to be very much in liquor.

Q. Could you distinguish his being in liquor, or was it from the effect of the blow he received in the fall?

M. Jones. I never heard any bad language from him but then, when he cursed and swore during the operation.

Q. Did he curse and swear the second operation?

M. Jones. No, he did not.

Q. Had he used to complain at any time?

M. Jones. He always expressed a very great sense of pain.

Q. Was the question, Who threw him out, or Did Tipton throw him out?

M. Jones. The question was, whether he fell out, or whether he had been flung out; he said, Tipton flung him out.

Mary Guidner . The day after the deceased was carried to the hospital, I went thither; his master and mistress, and myself, were all by his bedside.

Q. What are you?

M. Guidner. I am his mother.

Q. Who do you call his master?

M. Guidner. Mr. Andrews. Mrs. Andrew stoop'd down to the bed to him and said, Will, do you know me, and he answer'd yes; she said, who am I, and he answer'd, Andrews, Mrs. Andrews; she said, who did this to you, and he answer'd, Tipton. It was towards twelve o'clock, and as the surgeons were coming, I and Mrs. Andrews were put out, and he was trapan'd; when he saw them put me out of the ward, he called Mother, Mother, several times, very loud, I heard him a pretty way off.

Q. Had you spoke to him then?

M. Guidner. I had not, but I went every day after that, to see him, according as my time would permit; I went very often, and his sister too.

Q. How did you find him as to his senses?

M. Guidner. Sometimes not sensible, and at other times very sensible; he would take me by the hand and ask me to kiss him, and said God bless you several times; they were afraid of his being put into a fever, by talking too much.

Q. What day was it the master and mistress and you were there?

M. Guidner. This was on the Thursday; he always knew his sister.

Alice Cooley . I am a nurse belonging to the hospital, but was not there the day the deceased was brought in. The next day I was there, when he said he was very dry, and desired to be lifted up to drink; a person that was by asked him who threw him out of the window, and he answer'd Tipton; the same person stood some time longer and then asked him again, when he said Tipton a second time.

Q. How long was he in the hospital?

A. Cooley. He was nine week and some odd days; I was with him all the day, and every other night.

Q. In what condition was he, as to his senses?

A. Cooley. At the instant he was lifted up he seem'd to speak the two words sensibly, but he did not continue so, sometimes he appear'd a little sensible, and at other times out of his senses.

Q. Was he mostly in his senses, or mostly not?

A. Cooley. He spake but little.

Q. Was you very much with him?

A. Cooley. I was with him all the day long, but went home every other night; we had a watch then.

Cross Examination.

Q. What people attended him?

A. Cooley. There were two people with him night and day for the first fortnight.

Q. How was he then as to his senses?

A. Cooley. He was very bad, out of his senses at one time.

Q. to Mr. Potts. Did you perceive him at any time to have any degree of sense, so as to conclude him rational?

Potts. He was so very ungovernable, and so irrational, that we were obliged to confine him with what we call a strait waistcoat.

Council for the Prisoner. I should be glad to know whether you have not in your practice met with persons extremely delirious, who have mentioned particular persons names, as to the recollection of a mother, or any thing of that kind, that might seem to import sense, notwithstanding they were at the same time delirious.

Potts. They will call out to particular persons without doubt. I can only speak what I said before, that he never gave me a rational or sensible answer, he never gave me any thing like an intelligible answer in my hearing, but these people staid with him a great deal longer than I did; I do not speak this to invalidate what they have said.

Prisoner's Defence.

I did not fling him out, nor was I near him; I did not see him go out, not miss him out of the room till my wife came up stairs.

For the Prisoner.

Richard Blower . I was at the prisoner's house that day, I came there at twelve o'clock, his house is in Arthur-street; I had been to take this house of Mr. Tipton some time before, as he was going to leave it, and I was about leaving mine; I had been that day in Petticoat-lane, and met with him at the sign of the crown, a house called my Lord Mills's, I don't know the name of the place; he said, Blower, will you go home along with me; with all my heart, said I, and went along with him; we went up one pair of stairs, and he asked me if I would have a game at rolipoly; I said, with all my heart, and we had a game; I had never seen the game but once before in my life.

Q. Who did you play with?

Blower. Mr. Tipton.

Q. Was the deceased in the room when you went there first?

Blower. No.

Q. How long had you been there when he came in?

Blower. We had been there about half an hour; when he came in we had no discourse, but just how do you do, and how do you do, for he used Mr. Tipton's house and mine too.

Q. What did he do upon coming in?

Blower. He sat down on a chair or a bench, or something of that nature.

Q. Did he play?

Blower. He never played while we were there.

Q. Do you remember his sitting in the window?

Blower. I do, very well.

Q. In what part of the window did he sit?

Blower. The last time that he sat in the window, he sat in the seat of it, with his arm out upon the ledge.

Q. Where did he sit before he went to the window seat?

Blower. Before that he sat upon a chair, in which I believe he scored f or us some time. Mr. Andrews came in, and he played two rubbers with me. After that he said he could stay no longer, and desired his man to go home, as his business was in great haste.

Q. Did he go home?

Blower. No, he did not. As soon as Mr. Andrews went out of the room, there was one Jonas Hubbord came up stairs and sat down, and I believe he might score for us; I cannot say whether he did or not, but he went out of the room. Then there were only us three, the deceased scored for us; he scored so long that I believe he was in liquor, and when he was in liquor he was quite helpless, you might carry him by his head and legs, and it was impossible to awake him; he had done scoring for us: I told him he did not score right, and desired him to sit down, and we would score for ourselves. He went and sat down in the window seat, with his arm over the window. I took no farther notice of him. We were quite still, and had not an angry word all the time we were in the room, neither one nor other of us. He sat there I believe the best part of an hour; at that time it might be about four o'clock.

Q. How long was he there?

Blower. He was there about three hours.

Q. What liquor had you in the time you were there together?

Blower. I believe we might have about four shillings worth of brandy and water, or rum and water; but I believe it was brandy and water.

Q. What became of William Walker ?

Blower. What became of him I could not tell, for really I did not miss him. Mr. Tipton missing him said, d - n my blood, the first man that goes out of that window again, I will make him suffer for it. I asked him the reason of that. He said, they make it a common practice of going over the penthouse from the window into the next house. Then I did not take any farther notice of the man. In about a minute or two after Mrs. Tipton came upstairs (the person was out of window) and said, how can you play? Why? said I. Said she, there is a man lying dead in the street, and the mob say he was flung through the window; we went down stairs directly.

Q. What were you doing when she came up?

Blower. We were playing then, I was going to bowl. I went down stairs, and Mr. Tipton after me; I went and stood in the tap room.

Q. What became of Mr. Tipton?

Blower. I believe he might go out at the door; the mob said, d - n him, d - n him, making such a noise, that I could not stay in the tap room any longer. I went backwards into the kitchen, and sat down there, and after a little time Mr. Andrews came into the kitchen (he was headborough) to make inquiry how it was. I said, go your way, take care of the man, and send him to the hospital, for I will not stir.

Q. Did you see Mr. Tipton meddle with him in the club room?

Blower. I don't believe Mr. Tipton ever touched him.

Q. Do you think it possible if any person in that room had taken this man and thrown him out of the room, but you must have seen him?

Blower. I think it is impossible but I must have seen him.

Q. Did you see any body lay hands on him?

Blower. I never saw any body touch him, to the best of my knowledge.

Q. Was the man in liquor?

Blower. He was.

Q. Did you continue your gaming without stoping?

Blower. We did, and when Mrs. Tipton came up we had bowled twice a piece, which was after this man was gone out of the window, I believe.

Q. How long had you played after he sat in the window?

Blower. We played for almost an hour and half after he sat there.

Q. How large is the room?

Blower. It is but a small place; I believe it is not six yards over. I was never up stairs there but once in my life before. They tell me Mr. Strong's men have gone backwards and forwards there over that place from one house to the other.

Q. How long had he left off scoring?

Blower. He had left off scoring, and continued sitting there half an hour and better.

Q. Did you continue playing all the time?

Blower. We did.

Q. What kind of play is it?

Blower. In the middle of the room there are fifteen or sixteen brass nails on the floor, and there is a bowl almost in the shape of a bowl dish, which runs round, and comes in any where, where it happens, and knocks down pins which stand upon the brass nails.

Q. Does one bowl such a number of bowls, and then the other, or how?

Blower. One bowls first, and then the other.

Q. At the time you were bowling, when Tipton said he would make them suffer that went out at the window again, what was you doing?

Blower. I was just going to bowl, and he had just bowled before.

Q. How long before?

Blower. I do not believe he had bowled a minute before, nor nothing like it; I bowled as soon as the pins were set up again.

Q. How many might he knock down?

Blower. He might knock down four or five.

Q. Who set the pins up?

Blower. I believe we both set them up.

Q. Are you sure the deceased was not in the window at that time you were setting up the pins ?

Blower. I am not sure he was not; we were both very eager of play.

Q. How far was he sitting from the pins?

Blower. He was sitting just by them.

Q. How near were the pins from the window?

Blower. They were about two yards and half from the window.

Q. How near to the pins do you stand when you bowl?

Blower. We do not stand half a yard from the pins; the bowl has a bias, and it runs round; when he was bowling he stood on the other side of the pins, not that side which the window is of; the pins were betwixt him and the window when he bowled.

Q. At the time he bowled, can you say yes or no, whether Walker was still in the window?

Blower. That I cannot say, I did not miss him.

Q. Did you perceive the deceased had moved?

Blower. No, I did not; we set up the pins, and fell to play again assoon as they were up.

Q. How can you take upon yourself to say, Tipton did not move near the window?

Blower. I don't believe he moved near it, but I can't be sure, for I never thought of any such thing happening.

Q. Do you think it is possible for a man to be in that room and another fling him out of the window, without your seeing him.

Blower. I think it is impossible.

Q. What part of the room was he in when he called out?

Blower. He was between the pins and the window then.

Q. How far from the window?

Blower. About two yards from it.

Q. What posture was he in?

Blower. He stood still, but seem'd to be in a passion about it; he stood upright, as I do now.

Q. In what position was you?

Blower. I was stooping down.

Q. Which way was your face?

Blower. My face was towards him and the window.

Q. Can you tell how long it was between Tipton's bowling and his calling out?

Blower. It might be a minute.

Q. Do you think that was the most?

Blower. I don't believe it was more.

Q. Where was Walker at the time of his calling out?

Blower. He was then out at the window.

Q. Did you see him out at the window?

Blower. No, I did not.

Q. After you missed Walker out of the room, did Tipton go to the window ?

Blower. Yes, he did, and look'd thro' the window.

Q. What did he say then?

Blower. I did not hear him say any thing.

Q. Did any body call to him out of the street?

Blower. I did not hear any body call to him. I went to the window as well as he after him, but the penthouse being almost a yard broad, we could not see the deceased.

Q. What did you see?

Blower. There was a croud of people there. Mrs. Tipton came up to us.

Q. How soon did she come up after you missed Walker?

Blower. She came up in a minute or two afterwards.

Q. Can you take upon yourself with certainty, and of your own knowledge, to say that Tipton did not throw this man out of the window?

Blower. I swear I never saw him touch him.

Q. Can you swear he did not go towards him, before he went out at the window?

Blower. I can swear I did not see him meddle with him; we both went towards him, we always went round our pins, and he was very near us.

Q. You say you can swear you never saw him touch him, will you swear he did not touch him?

Blower. No, I will not swear that; he might touch him when my back was towards him, but I cannot think he did.

Q. What distance of time was it between your seeing Walker sitting in the window, and people crying out and the like, as you mention?

Blower. It might be two or three minutes. I did not miss him till Mr. Tipton spoke as I have mention'd; and he told me it was usual for people to go out of that window upon the penthouse.

James Bradley . I know the room these people were playing at rolipoly in.

Q. Do you know the middle window?

Bradley. I do.

Q. Describe that window.

Bradley. The room is on the first floor, and our workshop is on the same; there is a penthouse that runs along before that window and also our workshop window, we are used to walk along that penthouse from our shop to that window, the two houses are together.

Q. Whose house do you mean?

Bradley. Mr. Strong's house and Mr. Tipton's.

Q. Did you know Walker?

Bradley. I did, mighty well; he used to frequent that house.

Q. Did you ever see Walker make use of that way over the penthouse ?

Bradley. I can't say I ever did; I have seen Mr. Strong's men go out of that window several times in a day.

Thomas Burroughs . I know this house.

Q. How high is the lower frame of the window, to step out upon the penthouse?

Burroughs. It is but a trifle of a way, not far; I have several times went out at that window, two or three times in a day.

Q. Is it a place where you could walk safe along?

Burroughs. I have walked safe along it several times, and another person may do it; I only put my hand against the wall.

Q. How wide is it?

Burroughs. I believe it may be a foot and a half wide, or more; I worked in the next house, and was a lodger in the publick house, and sometimes when I was lock'd out I used to go that way.

Q. Do you know of any body else that ever went that way besides yourself?

Burroughs. No, I do not.

Q. How high is that penthouse?

Burroughs. If a person was to hang by his hands upon it, his feet might be two or three feet from the ground.

Q. Did you see Walker fall?

Burroughs. No, I did not.

Q. How soon did you see him after he fell?

Burroughs. I saw him in a few moments after.

Q. Did you hear him say any thing?

Burroughs. I asked him who threw him out of the window; he said, Tipton and Blower. This was as soon as ever he could speak; whether he was in his senses or not, I cannot say.

Mary Dhwith . I saw Walker at that middle window.

Q. What day, and what time of the day?

M. Dhwith. Betwixt three and four in the afternoon of the 15th of August, the day he fell down.

Q. In what posture did he stand?

M. Dhwith. I was very busy washing at my own shop, facing Mr. Tipton's house. I went to the door to throw out some water, and saw Walker sitting. I said take care or you'll be down. I went in again, and I never saw him more; he had one leg out at the window, to the best of my knowledge.

Q. What was the reason you called to him to take care?

M. Dhwith. Because I had known him a great while.

Q. Did you think him in a posture likely to fall?

M. Dhwith. I don't know; he might sit out at a window and not fall.

Q. Describe how he was sitting?

M. Dhwith. To the best of my knowledge he sat with one leg out of the window, and I saw him no more till I saw him in the street.

Q. Did his legs touch the penthouse?

M. Dhwith. I don't believe they did, they were too short; I held up my hand and said, take care, you'll be down.

Q. Did he make you any answer?

M. Dhwith. No.

Q. You say one leg was over the window, where was his body?

M. Dhwith. He sat right up, cross the place, cross the window.

Q. How long after that did he fall down?

M. Dhwith. It was not a great while.

Q. How long?

M. Dhwith. It might be about fifteen minutes, for he had been down some time before I saw him.

Q. to Blower. When you saw him sitting in the window seat, the last time you saw him in the room, how was he sitting?

Blower. He was sitting in the window seat with his arm leaning on the frame.

Q. Did you see him sitting cross the window frame?

Blower. No, I never did.

Q. Did you at all see him attempt to get out at the window?

Blower. No, I did not.

Q. to M. Dhwith. Do you know anything more that is material?

M. Dhwith. I can't believe otherwise than that Tipton threw him out at the window.

Q. What makes you believe so?

M. Dhwith. Because he would not have come down of himself.

Robert Cambridge . I saw Walker near 4 o'clock. I went right against the house of Mr. Tipton to fetch an empty basket, shutting the door after me. I saw Walker out at the window. I catch'd the basket up and look'd at him, he was holding by the frame of the window, standing on the penthouse, he was in his shirt, with neither hat nor cap on, but I took the basket and went along.

Q. Did you know Walker ?

Cambridge. I had seen him before. My master filled the basket with rubbish, and I carry'd it a little way. When I came back again, I saw people running to this house, and said to my master, I cannot think what is the matter at Mr. Tipton's, there are a great many people there. My master went to see what was the matter, and I saw the people running very thick. My master came back to me and said, I wish you had not sent me. I asked him why, and he said because Tipton had push'd a man out at the window; then I said I saw him out at the window before.

Q. How long was it that you saw him on the penthouse, before you saw the people running?

Cambridge. It was about five minutes; he was holding by the frame of the window, with his back towards the street.

Q. Did you see any body at the window besides him?

Cambridge. No, I saw nobody at all besides him, no soul else.

Q. to Blower. Did you see Walker stand upon the penthouse?

Blower. No, I did not.

Mary Thomas . I know Tipton's house.

Q. Did you know the deceased?

M. Thomas. I did. I remember seeing him at that house on a Wednesday, about four or five o'clock.

Q. Do you mean the day that he fell down?

M. Thomas. I do. I saw him out at the middle window almost.

Q. Where was you at the time?

M. Thomas. I was facing the window, standing at a door; he was with his knee on the ledge of the window, with his foot just out, and his right-hand upon the penthouse.

Q. How long did you continue looking at him?

M. Thomas. I did not continue any time at all; I went home about my master's business.

Q. Did you call to him?

M. Thomas. No, I did not.

Q. Did you hear any noise or disturbance?

M. Thomas. No, I did not.

Q. Did you see any body at the window besides himself?

M. Thomas. No; I saw nobody there besides himself.

Q. Did you see him sitting in the window before?

M. Thomas. No, I did not; the first that I saw of him was with his knee upon the ledge of the window.

Q. Which knee was it?

M. Thomas. His right knee was upon the ledge, his right foot was just over the ledge, and his right-hand down on the penthouse.

Q. How long was that before the bustle was in the street?

M. Thomas. To the best of my remembrance it was about a quarter of an hour.

Q. Was it before the bustle began, or before you heard it?

M. Thomas. I believe it was before I heard it.

Q. Did you see any body near him?

M. Thomas. No, I did not.

Q. to Blower. What distance is it from the botton edge of the window to the penthouse ?

Blower. It may be about half a yard.

Q. Could a man, with his knee on the window, reach down to the penthouse, and not fall ?

Blower. Yes; the window is stopping.

Jonas Hubbord . I have measured the distance from the penthouse to the street, from the top of the penthouse next to the window cill is 13 feet 10 inche to the ground, and from the top of the penthouse to the window cill is 6 inches, 3 the cill, and 3 the brick work; a person may very well put his hand out and lean upon the penthouse.

Q. When did you measure it?

Hubbord. I measur'd it to day twice; the penthouse is 2 foot 2 inches wide, and I believe it is about 12 foot 8 from the penthouse to the ground.

Q. Do you know where the deceased fell, where the jury marked?

Hubbord. That I measured.

Q. Did you see the deceased lie there?

Hubbord. No, I did not; I was shewn the place where they said his head lay.

Q. How high is it from the seat of the window, on the inside, to the cill of the window ?

Hubbord. That I did not measure, but I believe it is 10 or 11 inches, that is, from the window seat to the sash cill of the window, the lower frame; the place where the deceased's head lay is sideways, I do not mean right forwards into the street, but slantways, 7 foot 5 inches from the middle of the window, and it is 5 foot 3 inches from the penthouse, that is, the drip-edge.

To his Character.

Michael Duffel . I have known the prisoner between 17 and 18 years, he served me 17 years; he came to me in 1741 and left me in 1758.

Q. Where do you live?

Duffel. I live in Chelsea, he was servant in my madhouse.

Q. What is his character?

Duffel. He is a sober civil quiet man, as ever came into any family; I never had any complaint of him all the time he liv'd with me, he is a very good temper'd mild meek man; I have sent him to families, and I never had any complaint of him; he is as humane a man as any I know.

John Collins . I have known him seventeen or eighteen years.

Q. Where do you live?

Collins. I live in Chelsea. I knew him when he was servant with Mr. Duffel; he is a very civil, sober, honest man: I never saw him out of temper in my life; he is a quiet inoffensive man.

Thomas Dixon . I have known him about seventeen years; I live in that neighbourhood, and have often been in his company: I always took him to be a very quiet good sort of a man.

John Rudford . I have known him seventeen or eighteen years: he is a very honest, sober, civil, good temper'd fellow, and behaved very well.

Peter Juskip . I have known him ever since he came to live with Mr. Duffel, in 1741. I was partner with him sixteen years, and I never saw him quarrelsome. If he saw any quarrelling, he would endeavour to asswage it; he is a very humane good natured man.

John Fosset . I have known him about seven or eight years; he is a good natured, sober, civil man as ever I knew, and he always behaved well.

George Beck . I have known him eleven or twelve years, and he is a very good, civil, humane man.

Thomas Duffel . I have known him about sixteen years, and he was a very civil, peaceable, quiet man as ever came into a family; he bore a general good character, particularly remarkable for tenderness to every person he had the care of.

Thomas Bradly . I have known him about seventeen years, and he always bore a very good character; he is a very honest, sober, good-natured man, not subject to passion or quarrelling.

Charles Mundin . I have known him twelve or fourteen years, and he is a very sober, honest, quiet man: I believe him to be a man that would hurt nothing, if he could help it.

Henry Lewer . I have known him about eighteen years, and he is an extremely good, honest, quiet man; he bears the best of characters.

Q. How is he for temper?

Lewer. Of very agreeable temper; I never saw him quarrelsome in my life.

Mr. Mulinox, I have known him something better than a year. I am servant to Mr. Whitebread, and have eat and drank with him; he behaved very well, and discharged his debts honestly. I never saw any thing like quarrelsome in him in my life, or any thing malicious.

Acquitted .

39, 40. (L.) Benjamin Langrin , and Christian Carter , were indicted on two separate indictments, for wilful and corrupt perjury, on a trial at the last sessions, held by adjournment at Guildhall, &c. ++

John Shaw . I was attorney for Mr. Davis and wife, and John Griffice , at Guildhall, last sessions; it was for an assault committed by them on Langrin, the prisoner at the bar. The two prisoners at the bar gave evidence on that trial against the three defendants I have mentioned.

Q. Did you see the prisoners sworn?

Shaw. I did.

Q. What was the evidence Langrin gave ?

Shaw. He swore he went into the house of Davis (who at that time kept the Crown alehouse in Crown Court, Fleet Street) and called for three pints of beer, the first he drank himself, the second he drank part of, and the third pint that was brought him was water; that when he put the pot to his mouth, Davis gave the bottom of the pot a chuck, which threw the water upon him, struck against the side of his face, and knocked out two of his teeth, which he then shewed in his hands: After that Davis knocked him down against the fire place, and as soon as he got up again Mrs. Davis struck him on the back part of his head with a pint pot that she had in her hand, which caused a large swelling, which he then shewed in court, on the back part of his head, and said that he never had that swelling there before; that Davis spoke to Griffice in Welch to beat him, the said Langrin, and that Griffice did knock him down three times in the house; that by reason of this beating, and what happened to him that night, he was obliged to lie by for near three months, and said he was not able at that time [meaning the time of his giving this evidence] of working as before.

Q. What was the evidence Christian Carter gave on that trial?

Shaw. Carter swore he came accidentally into that house, at that time, for a pint of beer, which was brought him; that just after he came in he saw Mr. Davis bring Langrin a pint of water, that he saw Langrin give Mrs. Davis three halfpence for it, and did not see her return it to him again; he said, when Langrin was going to drink the water he saw Mr. Davis chuck the water out of the pot upon Langrin, and struck the pot against his cheek, which knock'd one of his teeth out, and that he saw the tooth afterwards; that afterwards he saw Davis knock Langrin down, and when Langrin got up he saw Mrs. Davis strike Langrin a violent blow on his head with a pint pot, which she had in her hand, and said he saw Griffice knock Langrin down in the house, but did not name the time. I remember Langrin said he had known Carter 11 years, and when Carter was asked how long he had known Langrin he at first said he had known him 2 years, and being asked again that question, then he said he had known him no more than 3 years.

Q. When was this trial?

Shaw. It was the first day of last sessions at Guild-hall.

John Davis . Langrin prosecuted me for an assault.

Q. Is what Mr. Shaw has said here true or false?

Davis. He has said the truth; the two prisoners swore what he has related.

Q. Do you remember Langrin's coming to your house ?

Davis. Yes.

Q. When was that?

Davis. It was the 9th of November was twelve months; I then lived at the Crown in Crown-court, Fleet-Street, but I left that house in January last.

Q. Did you draw him a pint of water?

Davis. No, I did not; he began to quarrel, and I did not chuse to draw him any more beer, then he said if I would not, he would draw it himself, and taking a pint pot went down into the cellar; I was afraid of his doing some mischief, in letting the liquor out, so took a candle and went down after him; there was a butt of water stood all the same as a butt of beer, with a cock in it, fronting the cellar stairs; when I saw him going to that, I was very well pleased, and he went up with a pint of water, and I after him. I step'd on one side while he drew it, and he did not see me. I was behind him, and saw him give my wife three half-pence, I whispered her, and said, you should not take it, for it is only water, so she gave it him again; he put the pint to his mouth, and finding it was water said. what have you given me here, d - n you, what have you given me here, and flung it in my face. I had said not a syllable to him, neither did I meddle or make with him.

Q. Did you chuck the pot in his face?

Davis. No I did not, I stood behind him.

Q. Did you see any of his teeth knock'd out?

Davis. No, I saw no such thing.

Q. Did you knock him down?

Davis. No, I did not.

Q. Did Griffice knock him down in your house?

Davis. No, he did not.

Q. Did you bid Griffice in Welch to knock him down?

Davis. No, I did not.

Q. Did any body fling water upon him?

Davis. No, nobody did in my house.

Q. Did you see your wife return him his three-halfpence again?

Davis. As soon as I had told her, I saw her return it to him.

Q. Was you present all the while?

Davis. I was.

Q. Was you sober?

Davis I was as sober as I am now. When he threw the water into my face, my wife went to him and desired him to get out of my house. He then went into a box, aad laid his head down on his arm for 2 or 3 minutes, and nobody minded him; then he jumped up and went out into the court (nobody said any thing) where he cried murder as loud as he could.

Q. Did your wife cut him on his head with a pot?

Davis. No, she did not; she had never a pot in her hand.

Q. Was Christian Carter in your house that night?

Davis. No, he was not; this was 11 o'clock at night, when Langrin was there. I never saw him till I saw him in court at Guildhall.

Cross Examination.

Q. Had Mr. Griffice and Langrin any quarrel?

Davis. No, they had not.

Q. Did not Langrin fall near the fire?

Davis. No, he did not fall at all.

Q. When he flung the water in your face, did you resent it?

Davis. I thought, as his master was a very litigious man, I had better say nothing to him, so I only shook my cloaths.

Mrs. Davis. I remember this affair; it was last Lord-mayor's day was twelvemonth, at night. Langrin gave me three halfpence, and my husband told me he had got only water, so I returned him his three halfpence again, and he flung the water over my husband's face; but my husband never touched him nor the pot while it was in his hand. I took hold of his shoulder to put him out of the house, but I never struck him either with the pot or any thing else.

Q. Did your husband talk Welch to Mr. Griffice?

Mrs. Davis. I do not understand Welch. Griffice sat drinking with another man at the time, but he never stirred out of the box, neither did he strike him; and as to Christian Carter he was not at our house that night; there was nobody in the house but whom I knew.

John Griffice . I was at Mr. Davis's house that night, and saw Langrin go down into the cellar and bring up a pint of water; I saw him give Mrs. Davis three halfpence for it, and I saw her return him it again: He flung the water into Mr. Davis's face, and Davis only shook his coat; he did not touch him nor the pot.

Q. Did Davis (in Welch) bid you knock Langrin down?

Griffice. No, he did not; neither did I knock him down, or touch him at all; neither did Mrs. Davis strike him, for I was there all the time.

Q. Was Christian Carter there?

Griffice. He was not there that night.

David Harris . I was there that night, and heard Langrin say he would go and draw a pint of beer himself; he went down, came up again, and put the money into Mrs. Davis's hand, which she returned to him again. He tasted the water, and said, d - n you, what have I got here? and turned about, and flung it into Mr. Davis's face. Mr. Davis never meddled with him, only shook his coat. Mr. Griffice never touched him all the time he was in the house, neither did Mrs. Davis strike him over the head with a pot; and as to Carter he was not there.

Griffith Lewis and Thomas Parry exactly confirmed the account, in every particular, given by the other three witnesses.

Lawrence Sanson Labart . I have known Langrin between nine and ten years, I work'd with him about that time at one Mr. Levit's, in Salisbury-Court; we used sometimes to fit bare headed, and he had then a bump on the back part of his head, I can't tell how it came. [The prisoner shew'd his naked head, and on the back part of it was a bump about as big as half a middling orange.] That I have seen as it now appears near ten years ago; he always was a quarrelsome man.

Langrin's Defence.

What I said before is very true; he would not deliver the water without the money, and then he threw it upon me, and they almost murder'd me.

Carter's Defence.

Mr. Langrin told me the trial was to come on. I went to one Gregory at Limehouse, who gave me an order to take 4 s. 6 d. for him at the court of conscience at Guildhall, and going to receive it Langrin met me full-butt; and gave me a subpaena and a shilling. I went to an alehouse, and asked a stranger if I must appear to it, who said I must, or else pay 40 l. or suffer one year's imprisonment. I went out of the way that I might not hear his examination, and when he had done I went into court and gave mine.

Langrin called Erick his brother, who gave him a good character.

Carter called Frederick his brother, Thomas Collier , John Davis , and James Gregory , who all gave him a good character.

Both Guilty .

[Pillory. See summary.]

41. Abraham Barewe was indicted for wilful and corrupt perjury .

No evidence appeared.

Acquitted .

42. Richard Sharp was indicted for wilful and corrupt perjury .

No evidence appeared.

Acquitted .

John Ayliffe , capitally convicted last sessions, was executed on Monday the 19th of November.

The trials being ended, the court proceeded to give sentence as follows:

Received sentence of Death 3.

William Budd , Thomas Hartshorn , and James Brown .

Transported for seven years 14.

Elizabeth Morris, Elizabeth Hughes, Mary Dolling , Hannah Shoote, Samuel Terry, John Crowther , Rebecca Weech , Jane Charlton , Mary Butterfield , John Hosley , Christopher Mear , Elizabeth Burril , James Swingwood , and Robert Robertson .

Thomas Page to be imprisoned for one month.

To be branded 3.

William Matthews, Susannah Matthews , and Mary Sturger .

To be whipped 1.

Margaret Buttershall .

John Ayliffe , capitally convicted last sessions, was executed on Monday the 19th of November.

Benjamin Langrin , and Christian Carter stood on the pillory in Fleet Street, pursuant to their sentence, on Monday the 10th of December.

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