Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 April 2014), January 1760 (17600116).

Old Bailey Proceedings, 16th January 1760.

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 16th, and Thursday the 17th of JANUARY,

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


Printed, and sold by G. KEARSLY (Successor to the late Mr. Robinson) at the Golden-Lion, in Ludgate-Street, 1760.

[Price Four-pence.]


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 THOMAS PARKER , Knt. Lord Chief Baron of His Majesty's Court of Exchequer *; the Honourable Sir EDWARD CLIVE , Knt. + and the Honourable HENRY BATHURST , Esq; || two of the Judges of His Majesty's Court of Common-Pleas; 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.

Benjamin Blackden

Benjamin Wilson

Thomas Eastland

Carral Friend

Thomas Lawrence

Thomas Hampshire

Edward Purlace

Charles Brown

Thomas Johnson

Rudolph Sumfield

Robert Holiday

Thomas Minchen

Middlesex Jury.

William Heritage

Samuel Slade

George Barber

William Collins

Edward Fitz

Barnard Gardner

Jonathan Jennings

Samuel Doyley

John Carpenter

William Staples

Griffiths Edwards

Henry Jackson

43. John Tyrrel was indicted for stealing two pewter dishes, value 2 s. the property of Peter Ives , December 27 .

To which he pleaded guilty .

[Branding. See summary.]

44. (M.) John Burch was indicted for stealing ten yards of ribband, value 4 s. the property of Sarah Tulk December 8 . *

Sarah Tulk. On the 8th of last month, about seven o'clock in the evening, my maid was gone out, and in about a minute or two after I heard a sort of a bustle in my shop; I went quick upstairs, and at the top of the stairs I met the prisoner at the bar, who held a half-crown to me, and desired I would change it for him. I seeing behind him two other men in the shop, was surprised, and said, I cannot change it, pray go out. He said, pray change it, and held it still towards me, saying, I want to pay these men. The other men said, it is a mean thing if you cannot give change for that. They went out, but the prisoner stood pulling at the ribband, which I saw he had hold of out at the door; they all had pulled at it. I took hold of the prisoner's collar and also of the rib-band, took it out of his hand, called for assistance, and had him secured.

Q. Where was the ribband before he took hold of it?

S. Tulk. It was on a roll, fastened to a line, which was tied to a post.

Cross Examination.

Q. Did you take the ribband from his hand, or from the post?

S. Tulk. I took it from his hand, but part of it was down on the ground in the street.

Q. Was not part of it in the window?

S. Tulk. No.

William Toldervey . I was below in the prosecutrix's kitchen when she called out; I ran up and saw her holding the prisoner by the collar: I laid hold of his coat, and pull'd him into the shop. Then we sent for an officer, and took him before justice Fielding.

Q. Did you see the ribband when you took hold the prisoner?

Toldervey. I did; it was all quite loose, and part of it on the ground. When we were before justice Fielding he ordered the people to search the prisoner, and in one of his pockets were found some red herrings, and in another about five or six shillings, in shillings and six-pences.

Cross Examination.

Q. Did you see him take the ribband?

Toldervey. No, I did not; the prosecutrix had detected him before I came up.

John Rederup . I live next door to the prosecutrix, and heard the cry of stop thief. I ran out, and saw the ribband lying on the ground; there was the prisoner standing just by it at her door, whom she pulled into her shop.

Q. Did you observe whether all the ribband was on the ground?

Rederup. I saw it lying by the post out at the door, but whether the end of it was fast within the shop, I cannot say.

Cross Examination.

Q. Did he make any resistance?

Rederup. No, he did not, but went into the house.

Prisoner's Defence.

I was in liquor, and knew nothing of it: I did not think of the least harm in the world.

For the Prisoner.

Richard Peak . I have known the prisoner twenty five or twenty-six years.

Q. What is his general character?

Peak. He is as honest a man as ever I knew; he lives in Bell Yard, where I have lived nine years, and have had dealings with him.

James Blacket . I have known him twenty years.

Q. What has been his behaviour?

Blacket. He is a very honest, pains-taking man.

Q. What is his business?

Blacket. He is a smith, and rents a little house of about five or six pounds a year.

William Brown . I have known him eight years, and he has a very good character; I never heard any thing to the contrary. He has dealt with me three years, and he has always paid me honestly.

John Reynolds . I have known him sixteen or seventeen years.

Q. What is his character?

Reynolds. He is a very honest man as far as I know; he works hard to support his family.

Gibins Pembrook . I have known him about eight years, and he is a very sober, honest, labouring man, as any in Whitechapel: He has two children, and his wife ready to lie-in again.

Guilty .

[Transportation. See summary.]

45. (L.) David Morgan was indicted for stealing eight pounds weight of sugar, value 2 s. and 8 d. the property of Samuel Turner , December 26 . ++

Francis Neal . I saw the prisoner take a great lump of sugar out of a hogshead: I bid him put it in again, and go along.

Q. What time was this?

Neal. This was about one o'clock in the day.

Q. What are you?

Neal. I am a watchman on Smart's Key . When I took him in charge he had got a bag behind him with about eight pounds of sugar, which I saw weighed.

Q. Do you know whence he took that sugar?

Neal. I imagine, by there being so large a hole, he took it out of the same cask. The wharfinger's watchman mended the hole as well as he could.

Q. Was it open?

Neal. No, it lay bouge ways.

Q. You say you saw him take a lump out, how did he get it out?

Neal. I do not know how he came at it, but he did not deny it. There were two staves broke in the hogshead; let the prisoner deny it if he can, there he is.

John Coats . I am a porter, and belong to the Keys, and have these goods in trust. Neal came and told me he had taken a soldier that had taken some sugar out of a cask from off the Keys. I went, and he shew'd me the cask, there were two staves broken; it belong'd to Mr. Turner, and was brought by the ship Thomas, captain Burton, from Antigua. We carried the prisoner before Sir Joseph Hankey , where the evidence Neal gave a better account of the matter than now. The sugar is present in court.

Q. Did you observe any place broke in the cask?

Coats. There was a place had been broke, but it was mended again.

Q. What said the prisoner upon his being charged?

Coat. He beg'd forgiveness, and said he never did such a thing before.

John Jebb . I am a constable (he produces the sugar) this bag was hanging behind him, and he gave it into my hand. I was before the alderman, when he was charged with taking this sugar out of the hogshead; he said he never did so before, and beg'd for mercy.

Prisoner's Defence.

I took the sugar off the ground.

For the Prisoner.

Serjeant Macgrief. I have known him 4 years, and belong to the same company; he has always behaved well, and never was confined, or punished.

Philip Hall . I belong to the same company that the prisoner does; he is a very civil fellow, and has behaved well ever since he has been in the company, which is about 4 years.

Guilty .

[Transportation. See summary.]

46. (M.) James Barlow was indicted for stealing one cock, value 2 s. the property of Thomas Brittain , December 27 . ++

Thomas Brittain. I lost a game cock from out of my cellar in Brook's Mews ; it was there at eight o'clock. I missed him at nine, and I asked the prisoner, the first person, if he had seen him; he said no, he had not, but I had a suspicion he had the cock; he came three days after, and asked me if I had found him, telling me he had seen a cock, and described him to be just such a one as mine. I ran to see the cock, but it was not mine. I found him in Swallow-Street, at the Fox and Hounds alehouse, in the prisoner's possession; he had him there in a bag.

Q. What is the prisoner?

Brittain. He is a cobler ; he fights cocks sometimes.

Q. Who had hold of the bag?

Brittain. The bag was hanging up. As soon as I challenged the cock, the prisoner said it was his property, he had bought him (the cock produced alive.) This is my property, I have lost many before, but never found any again but this.

Q. Was the prisoner in your cellar the night you lost him?

Brittain. No, not as I know of.

John Pardin . In April I gave Brittain a red cock, as I am no cocker; I have not seen the cock till Monday last, and I believe him to be the same cock.

Q. Look at him now.

Pardin. I believe him to be the same, by a particular mark on his nose.

John Horper . I heard Brittain challenge the cock; the prisoner told him, if it was his cock he should not have him.

A Witness. I was in the next room in the alehouse when Mr. Brittain challenged the cock. I went into the room and heard the prisoner say, if it was his cock he should not have him.

Prisoner's Defence.

I told Mr. Brittain I would produce the man I bought the cock of, but the constable came in and took me away to the Roundhouse, and then to the prison, and having nobody to follow the man I have not been able to find him; but I have an evidence here who saw me buy the cock in the street, just by my stall.

For the Prisoner.

Judith Ruth . I know nothing about a game cock, but I saw the prisoner buy a cock near his stall.

Q. When?

J. Ruth. About three months ago; whether it was a game or a dunghill, I cannot tell.

Q. What sort of a cock was it? describe it as well as you can.

J. Ruth. It was a big cock, but I can't say that I know it again.

Q. Look at this cock. ( She looks at it.)

J. Ruth. It was like this cock.

Q. to prosecutor. What time did you lose your cock?

Prosecutor. I lost it on the 20th of October, and found it again on the 27th of December.

The prisoner called three witnesses to his character, one of whom had known him ten years, another five, and the other a year and an half, who all gave him the character of an honest and industrious man.

Acquitted .

47. Edward Johnson was indicted for stealing one shirt, value 2 s. one pair of shoes, value 1 s. and one pair of stockings, value 2 s. the property of John Lambert .

To which he pleaded guilty .

[Transportation. See summary.]

48. (M.) Peter Hopgood was indicted for stealing one black gelding, value 10 l. the property of Richard Jones , December 10 . +

Richard Jones . I live in the parish of Gadsbury, in the county of Bucks . I lost two geldings out of my stable on the 4th of December last, at night.

Q. What colour were they?

Jones. One was a black draft horse, and the other a grey riding nag: They were both in my stable at eight o'clock the over night, and about five the next morning my servant (who had got up to feed the horses) came and told me they were both missing, and also a saddle, a bridle, and a halter.

Q. What are you?

Jones. I am a husbandman . I went to two of my neighbours, and desired them to take their nags and go out in search of them; they went out accordingly, and myself also, by eight o'clock that morning, one towards Kingston, another towards Uxbridge, and the other towards the Forrest; this was on the Tuesday, and on the Thursday was seven-night after, Mr. Green sent a man, who told me he had stopped the black one, and the person that brought him.

Q. Had you advertised them?

Jones. I had, and also put out one thousand hand bills. I went the next day to Mr. Green's at Bethnal Green, where I saw the horse and swore to him as my property, it being the same I lost that night; he was delivered to me.

Mr. Green. I was at Hackney, standing at the doctor's door who shoes my horses, when the prisoner came by on a black gelding, and asked me if I knew any body that would buy such a little horse. I immediately said I would, if he would sell him worth the money. He said, he would. I said, let me see him move; he moved him backwards and forwards. I liked his moving very well, and asked him the price. He said, the horse is worth nine pounds. I said, I could not afford to give to much. He said he bought him in a drunken frolick, and he had no use for him; that he cost him six pounds ten shillings, and I should have him for that; but at last, bought him for five guineas. I gave him half a guinea earnen, and said, if you will bring me a voucher, that you came honestly by him, I will pay you the rest of the money. He said, if I would go with him to Mr Paimer's at Capton, there was a person would vouch for him; out the person there said he would not vouch for him, and told me he had been tried at the Old-Bailey about a year ago for stealing a horse, and suspected this as stole likewise, by his selling him for the horse was worth more money. The at the Cock at Hackney, to drink, and told him what we had been told. He said he had been in trouble before, ~ but this horse was honestly come by. I charged an officer with him, and got my half guinea again. We took him before justice Welch the next day, before whom he own'd he had taken the black gelding, and likewise a grey one, out of the prosecutor's stable, and that he had left the grey one at Dartford in Kent.

~ See him tried, No. 89, in Sir Richard Glyn 's mayoralty, for stealing a black gelding. value 14 l. the property of Mr. Richard Page , of Harrow.

Prosecutor. I went there and found the grey one.

Green. Then I sent to Mr. Jones the prosecutor: he came to see the black one, which I had stopped, and swore to him, and he was delivered to him.

Prisoner's Defence.

I ask mercy of the court.

Guilty . Death .

49. (M) William Saunders was indicted for stealing twenty deal scaffolding boards, value 20 s. and one piece of oak timber, value 20 s. the property of Joseph Clark . Jan. 4 . *

John Abbot. I was commission'd by Mr. Joseph Clark to sell the materials on that spot, where were many scaffolding boards; the prisoner at the bar came there with a cord, to measure the lengths of some pieces, pretending to purchase, but did not buy any. I never saw him but that time, till he was taken up.

Q. How came you to take him up?

Abbot. There is a witness here to be examined, who cohabited with the prisoner, and came and told me there were some boards, our property, on his premisses. I went and found, as she had said, a piece of timber and some boards.

Q. When did you miss the boards?

Abbot. We had missed timber and boards for half a year past.

Q. Where did the prisoner live?

Abbot. In Little Gilbert Street, Bloomsbury, they were in a vault in his house; this was on the 4th of January last.

Q. Are you certain they were Mr. Joseph Clark 's property?

Abbot. I am; here is a piece of board [producing a piece about sixteen inches long] that has Mr. Clark's brand mark on it. The constable took the prisoner that evening, and carried him before justice Welch, where the evidence made affidavit, that he had taken twenty three of our boards, and cut them into short pieces, some of which were burning on the fire when we went into the house. Upon our charging the prisoner with taking them, he acknowledged he was guilty, and beg'd for mercy. We lost several other boards, not laid in the indictment.

Mary Fay /. I lived servant with the prisoner at the bar, and saw him bring in upwards of twenty deal scaffolding boards, and cut the maks out of them; he said he did not fear being found out, and that where he had one this year he would have ten the next.

Q. Was you before the justice along with him?

M. Fay. I was, and there heard him ask for mercy.

Q. What were the words he made use of?

M. Fay. He said, I hope you will shew mercy to me.

Prisoner's Defence.

This is the very person (she knows in her own heart it is true) that fetched the boards to my house. I never touched one of them.

Q. to M. Fay. Did you fetch any of them to your master's house?

M. Fay. He sent me for a piece one night; he flung down a sixpence on the hearth, and said, the d - I take him if I should have any money the next day, if I did not go and fetch some of the boards. I went and took one piece, and two watchmen catch'd me. The prisoner came out and said, she is a poor servant, and gave them a pot of beer; so they let me go.

Prisoner. They swear too hard for me, I must leave it to the mercy of the court; I hope I shall be admitted to serve the king.

Guilty .

[Transportation. See summary.]

50. (M.) Margaret Conner , spinster , was indicted for stealing one pewter pot, value 8 d. the property of Thomas Squires , January 8 . *

Alexander Mc Gregor. I draw beer for the prosecutor. I went down into the cellar to draw a pint of beer, on the 8th of this instant, when the prisoner asked me the way to our back place; I shew'd her, and drew the beer; but suspecting her, I returned and saw her going out of the cellar. I ran out into the street, and took her about eight or ten yards from the street door, with this pot in her hand full of beer (producing a two quart pot.) I brought her and the liquor back.

Q. What did she say for herself?

Mc Gregor. She said she found the pot standing in the passage.

Thomas Squires . I keep a publick house (he takes the pot in his hand) this is my property.

Prisoner's Defence.

I found the pot full of liquor standing in the passage.

Guilty .

[Whipping. See summary.]

51. (M.) Ann Sparkes , otherwise Booker , spinster , was indicted for stealing one silver pepper box, value 10 s. one silver milk ewer, value 10 s. one silver salt, value 5 s one pair of silver shoe buckles, value 5 s. two silver table spoons, two silver tea spoons, and one silver watch, the property of the right reverend Thomas lord bishop of London . It was laid over again to be the property of Elizabeth Somner , widow ; and it was laid a third time to be the property of persons unknown , Jan. 2 . ||

Charles Doxey . I live at Kentish-town; the prisoner came along with a clean looking man to lodge at my house, I did not know the man's name till after he was dead.

Q. How long had they lodged at your house?

Doxey. They were there I believe two months this day. The man came into my house on the last day of the old year, about nine o'clock, well and hearty. I was just about going to bed. The prisoner came in soon after, and I heard no more of them, till about five o'clock in the morning, when the prisoner came to my room door and knock'd, saying my husband is dead. I said what the plague is the matter with the woman, are you mad? she said he was dead indeed. My wife got out of bed and opened the door, when the prisoner came in with a candle in her hand. I said, pray what time did he die? she answered, about two o'clock, and said to my wife, Madam, have you got any thing in the house, I am sick, or tired, I don't know which, and my wife gave her a glass of rum.

Q. Did she give any reason why she had not acquainted you with it sooner?

Doxey. No, she did not. I arose and went up stairs to their room, and said you have not acted like a prudent wife. Said she, what have I acted like. I said, like a d - d bitch of a whore, because you did not tell me, or my family, but say he has had a fit, and a fit. [She had told me he had two fits, that she had occasion to go down into the yard, and when she went up again he was dead.] I looked at the man, and saw he was dead. I said, pray where are his friends and acquaintance? He has none, she said. I said, it is very odd that this man has been so long in London, as you say, and has no acquaintance or friends, where are his lodgings in London? She said it was somewhere by Charing Cross. Said I, he once told me he had a child, where is that? She said she did not know, it was somewhere on the other side of the water. I said, it looks dark to me, where are the effects he had about him, for I think you intend to pillage him here, and then go to London and pillage his lodgings there. On this I demanded the things to be left in my hands in order to bury the man, he has a watch and rings, I will give you a bond of 40 l. that every halfpenny shall be accounted for. She told me I had no business to molest her, the man shall be buried. I said, if you want half a guinea or a guinea, I will lend you that till you get your friends, but I could get no satisfactory answer. Then I said I would charge an officer with her, so sent for one and gave him charge of her. As we were going over the fields with her towards London, she said she did not know what business she had to go before a justice, she would deliver the things to me if I would acquit her. We said we would not acquit her if she would give us one hundred guineas. We took her before justice Welch, where she cry'd and said she was not his wife, but that he promised to marry her. She pulled out a little bit of paper and shewed it to us; then she pulled out a silver watch, a table spoon, and a tea spoon, and to the best of my knowledge she told the justice they were all she had. I told the justice she had more things about her, so the justice desired she would produce them, which she refusing to do, he with his own hand took out from her bosom a silver cream pot, or silver pepper box, and then ordered her to be searched. There were then found in her bosom a pair of silver shoe buckles, and either the pepper box or cream pot, a salt, a table spoon, and a tea spoon.

Q. How did she appear when she came to you at five o'clock, was she dress'd?

Doxey. She was dress'd, with all her cloaths on. [The goods produced in court, sealed up with the justice's seal.] The prisoner said the cream pot was her own property, and that her name was on the bottom of it.

Q. Is her name upon the bottom of it?

Doxey. No, it is not her name.

Elizabeth Somner . I am wife to the deceased, my husband bought this cream pot many years ago, it is my property.

Q. to Doxey. Did the prisoner go by the deceased's name at your house?

Doxey. I never knew his name; she went for his wife.

Cross Examination.

Q. Had you ever been in the deceased's company?

Doxey. No farther than that he came down sometimes for an hour or two, to fit by our fire.

Q. Did he use to call the prisoner his wife?

Doxey. He used to call her his wife, and she call'd him her husband.

Q. Did you ever hear him mention a will, or of his making one?

Doxey. No, never; at first I thought she was his wife, but lately I did not think so.

Q. Have you ever seen these things here produced about the house?

Doxey. I have, and in the prisoner's hand; the watch I have seen the deceased pull out of his pocket, and gold rings on his fingers.

Q. Did she deny having those effects about her?

Doxey. She said I had no right to ask for them.

Q. When you charged her, did she offer to run away?

Doxey. We took care of that, and would not let her; I stood with my back against a little gate, and kept her there till the officer came; I saw plainly that she intended to leave me the deceased to bury, and carry all his effects away.

Q. Do not you know the name he went by?

Doxey. Indeed I do not; he was a well dress'd man, and had a creditable look.

Q. Which of them took the lodgings?

Doxey. He and she together.

Q. Did not every thing seem common betwixt them?

Doxey. Yes.

Francis Gordon . I am a headborough in Kentish town. Mr. Doxey told me when he sent for me that a man was dead in his house, and he did not know but that the prisoner had murdered him, she having kept his death concealed for two or three hours. He desired her to leave the effects there till she went to London, for his security, but she would not. Then I said, I shall take you up on suspicion, for the murder of the man. We had a surgeon to search him, and it was his opinion that the man died a natural death. We took her before justice Welch, who ordered her to deliver up the things, upon finding she was not the deceased's wife, and about two or three hours after she had produced the watch, a table spoon, and a tea spoon, we found the rest of the things upon her, which I have had in my custody ever since.

Cross Examination.

Q. Did not she say they were her own?

Gordon. She screamed out, and said, do not shew my nakedness. She owned to me that morning she had two rings, and said she had put them in such a place, but we never could find them.

Q. Did not she go with you willingly?

Gordon. No, but I obliged her to go.

Q. What did she say she had done with the gold rings?

Gordon. She said she had left them in a drawer in the room upstairs, and when we went with the surgeon to examine the body, we went to the drawer. where she shewed us a cap, and said they were in that; but they were not there.

Q. What did she say when these things were found upon her?

Gordon. She said she had no more than what she had produced before. We searched her, and after we had found them, she said nothing.

Acquitted .

[The goods were delivered to Mrs. Somner, the widow of the deceased.]

52. (L) Joseph Yarwood , otherwise Haywood , was indicted for stealing one diamond ring, value 6 l. the property of Richard Cracrast , December 18 . ||

Richard Cracrast . The prisoner was a footman in my house in the month of December last, and some time before.

Q. When did you discharge him?

Cracrast. I turn'd him away in December, not knowing he had stole any thing at that time, nor till he was taken into custody upon his offering a diamond ring to sale in the Poultry; he was carried before Mr. Fielding, and I and my wife were sent for, where the ring was produced; then the prisoner fell down on his knees to me, confessed he had stole it, and beg'd I would be merciful to him. He was committed to Newgate. ( The ring produced in court.) This is my property, I bought it upwards of twenty years ago.

Mrs. Cracraft. I did not know I had lost this ring till I was sent for, for having been ill a great while I never missed it; it is my property.

Thomas Rawland I am a silversmith in the Poultry; the prisoner came to my shop on the 18th of December last, and offered this ring to me to sell; I asked him whether it was his own, and he said it was; then I asked him how he came by it, and he said it was given him. I asked him then where he lived; he said, will you buy the ring, or will you not? I said, I ask you a civil question, pray give me an answer. He said, give me the ring. I said, tell me where you live, and I'll go in three or four hours, and if I like it I will buy it. He said, he lived at the Sword and Buckler in Barnaby-street, Southwark. I went thither, and asked the landlord whether he had lost any thing. He said no. The prisoner said he lived servant at a chop-house in the Old Jewry, but being out of place came there to lodge. I went, and could not find there that they had lost any thing. Soon after the prisoner came in, I took him into a room, where I and a friend of mine asked him where he had the ring. He said it was given him. I desired him to send for the person that gave it to him. Then he said he found it in the last place where he lived (the Red-Lion, at the top of Windmill Hill, Morefields) on a Sunday, in the dining room. I went there, and asked the landlady whether that ring was her property. She said no. Then I proposed him his liberty if he would tell me how he came by the ring, that the right owner might have it again on the morrow, and he should go about his business. Then he told me he took it from off a fine lady's finger in Exeter Street. I told him if he had lost one there I should have believed him, but that he could never get one there. After that he confessed he took it from Mr. Cracraft's before he came away from thence, and that he had been come away about a fortnight and three or four days.

Q. Did he say where he took it from?

Rowland. He said he took it from off a table in Mr. Cracraft's house.

Prisoner's Defence.

I found it in the dust hole in the yard, amongst the tub ashes; I happened to say things that I knew nothing of, I am quite innocent of it; being frighted I did not know what I said, I never was guilty before of any thing in my life, I did not know whether it was gold or not.

Guilty .

[Transportation. See summary.]

53. (M.) Mary Cordall , widow , was indicted for stealing one linen sheet, value 3 s. the property of Ann Bates , December 11 . ||

Ann Bates . I live in Drury-Lane , and the prisoner came to lodge at my house.

Q. How long had she lodged at your house?

A. Bates. About there weeks; I lost a sheet.

Q. Did you lose it out of the prisoner's lodgingroom?

A. Bates. No, I did not, but out of another room below stairs, at a time when there was nobody in the house but herself; after she was gone I directly went up stairs to look upon my beds, and missed a sheet, so I went out to enquire for her. I saw Charles Jones in Drury-Lane, and enquired of him; he directed me up an alley; we found she was housed; he went into one house and I another; he found her, and I went up after him. She had drop'd the sheet on the landing-place on the stairs. We secured her, and took her before justice Welch, where she was charged with stealing the sheet, and she owned that she did steal it (the sheet produced in court and deposed to.)

Q. What do you value it at?

A. Bates. I value it at 10 d.

Charles Jones . I was by the Red-Lion door, in Drury-Lane, when the prosecutrix came and asked me if I saw a tall woman come that way, for she had stole a sheet. I said she is gone into one of the houses in Short's Gardens. She went into one house and I into another, and presently the prosecutrix came after me. We found the sheet on the landing-place, up two pair of stairs and the prisoner in the room above. When we came before justice Welch, she owned she took the sheet.

Prisoner's Defence.

I never was before a justice in my life, I was frighted and did not know what I said; I have no friends, that know any thing of my being in trouble.

Guilty, 10 d .

[Transportation. See summary.]

54. (M.) Elizabeth White , spinster , was indicted for stealing one woman's cloak, value 1 s. one basket, value 6 d. and 4d. in money , the property of John Malone , December 1 . ||

Ann Malone . My husband's name is John, he lives in Dice-Street, St. Giles's . The prisoner was my servant for 17 days, I was to give her a shilling a week. I had delivered my husband's breeches to her to pawn, to buy fish and a basket with the money, to send her out to sell the fish; she came home and said she had lost the basket; then I was informed she had whored the basket away with a chimney sweeper. I told her of it, and then she said she would go to the Long Fields and drown herself. She went off with my cloak and basket, and two shillings, and another two shillings that I had trusted her with, which she took out of my drawer.

Q. How do you know that she took it out of your drawer?

A. Malone. There was nobody to take it but she or I. She took the key of my room away with her, and I was forced to get a man to break my room door. She fold the cloak for seven pence, and the basket for four-pence

Q. How do you know that?

A. Malone. I was going to Newport-Market, and there I saw my basket standing, with my own name upon it, at a door. I went and got a warrant of justice Welch, and when I came there again my basket was gone. Then I and another that was with me called for a pennyworth of sprats at that house, but the sprats were emptied out of my basket into another, and the prisoner came up out of the cellar in my cloak. I said, how came you by this cloak? She said, you old bitch, what is that to you. I said to the constable that was with me, if that cloak is mine, it is moth eaten at the bottom of it. Then we searched, and found my basket under the stairs in the cellar, so we took her before the justice, where she owned she had sold the cloak for sevenpence, and the basket for four pence. She and her friends quarrelled before the justice, and after that one got a warrant for one, and another for another; but however they all got away.

Q. Did she own the taking of the money out of the drawer?

A. Malone. She said she did not see the money. I told her to give me the key, but I could not get it. She said she took the key, and went in and got her dinner, and lock'd the door after her, and left the key under the mat, but I know she took it away.

Q. How do you know that?

A. Malone. Because it was seen in her pocket a fortnight afterwards.

Q. Did you lend her the cloak and basket?

A. Malone. I did. She put my cloak on, and took the basket with her to go to Bilingsgate to buy fish.

The prisoner said nothing in her defence.

Acquitted .

55. (L.) Lucretia Saunders , wife of - Saunders, was indicted for stealing two pair of mens shoes, and one pair of womens shoes, value 10 s. the property of John Knight , privately in his shop , December 12 . ++

John Knight . The woman at the bar came into my shop to buy a pair of shoes; I was sitting in my compting-house, and saw her come in; my lad came to me after she had been there a little time, and told me that another of my servants said the prisoner had put a pair of shoes into her pocket. I went into the shop. She bought a pair of shoes and paid for them. She was very difficult, and was well dressed. I let her go out of my shop. Said the lad, shall not we call her back? I said, are you sure she has got a pair? He said, I am sure she has, I saw her put them into her pocket. Then I said call her back. He went to her, but instead of coming back she endeavoured to get away from him, so he called out for help. I was at the door, and went and laid hold of her arm.

Q. How far was she got from your house?

Knight. She was about two doors from mine. Then she threw herself upon the ground, got her hand into a great pocket that she had, pulled out two pair of mens shoes, and dropped them on the ground. I took them up and still lug'd her along, and said she should be searched. We brought her in, and in my back warehouse she said, you shall not search me; I will not be searched by a man. Said I, the women shall search you. Then she got her hand into her left hand pocket, and pull'd out a pair of womens shoes. [The shoes produced in court, and deposed to.]

Thomas Hildrop . The prisoner at the bar came into our shop on the 12th of December last, about the dusk of the evening; I was upstairs at dinner, and only my fellow servant below to serve; he called me down, and said privately, look sharp after this woman, she seems to be very difficult. She had tried on a shoe; I put my hand on the toe, and it sitted her well: In my stooping I had my eye up under her cloak, and saw she had something under it. I went in and said to my master, that woman has certainly got some shoes. My master came into the shop, and we were all about her some time. After she had bought a pair, I told my master I was positive I saw her put something into her pocket, so he bid me go after her. I went to her in the street, and said, mistress, you have got something that is not your own, and asked her to come back; but she endeavoured to get away from me. I called to my master, and he came to me. Then she flung herself all along the ground, took out two pair of mens shoes, and flung them in the street. We took her into our back shop, and there, while my mistress was searching her, she hustled a pair of women's shoes out. These shoes here are the same which she had taken, and are my master's property.

Prisoner's Defence.

I was in liquor, and really do not know what I did; I have four children, and I hope you will have compassion on them.

For the Prisoner:

Prudence Lythall . I have known the prisoner sixteen years.

Q. What is her general character?

P. Lythall. Never nothing but a hard working, honest woman; she lodged six years in my mother's house, in her first husband's time.

Q. How did she get her living?

P. Lythall. She took in a little washing, and worked at her needle. Her first husband was a coppersmith, and her husband which she has now belongs to the Keys. I have been backwards and forwards at her room for these sixteen years.

Hannah Godfrey . I have known her these ten years.

Q. How has she behaved?

H. Godfrey. I never knew any ill of her in my life, to wrong any body, till now.

Susannah Johnson . I have known her about nine years, down to this time.

Q. What is her character?

S. Johnson. Her character in Bishopsgate parish has been very good: I never heard to the contrary.

Sarah Shefield . I have known the prisoner almost six years, and she is a very honest, endeavouring woman; she was left a window with four children, and is now married again.

Guilty, 4 s. 10 d .

[Transportation. See summary.]

56. (L.) Margery Eardley was indicted for stealing one silver watch, value 3 l. one seal, value 1 s. and one other seal, value 1 d. the property of Thomas Macdonald , December 27 . ++

Thomas Macdonald . On the 27th of December last I lost a watch.

Q. How did you lose it?

Macdonald. I do not know how I lost it.

Q. Where did you lose it?

Macdonald. I lost it in the tap-room, at the house of Francis Egan , at Saltpetre Bank .

Q. Do you know who took it?

Macdonald. No, I do not.

Q. Was you drunk or sober?

Macdonald. I was sober, to the best of my knowledge.

Q. Are you sober now?

Macdonald. I am.

Q. Was you as sober then as now?

Macdonald. I was sober when I lost it.

Q. Was you drunk soon after?

Macdonald. No, I was not.

Q. Why do you charge the prisoner?

Macdonald. The watch was stopped by Higham Levi, and so I came by the knowledge of it.

Higham Levi. Last Friday was three weeks, between twelve and one in the day, the woman at the bar came selling apples; said she, will you buy a watch?

Q. Where did she come to you?

Levi. To my house in Duke's Place. I said, let me look at it; she shewed it me. I asked her what she ask'd for it. She said forty shillings. I asked her how she knew it was worth forty shillings. She said, what will you give for it? will you give thirty shillings? I said, I do not know whether I will or not, how did you come by it? She said, it belonged to her husband. I said, I must stop the watch and you too, till you give an account how you came by it. I brought her before my Lord-mayor, and there she said her husband was dead. My Lord bid me to inquire who owned the watch. Mr. Egan, hearing I had stopped a watch, came and inquired about it, and said it belonged to his tapster. Then the prosecutor came and told me all the tokens of the watch before I shewed it to him.

Q. Were there any seals on it?

Levi. There were two. [The watch produced in court, and deposed to by the prosecutor.]

Q. to prosecutor. What are you?

Prosecutor. I am drawer to Mr. Egan.

Q. from the prisoner to the prosecutor. Whether I did not send you word that I had your watch, and that it was stop'd at a Jew's?

Prosecutor. After the watch was stop'd I went to the prisoner's room, but she had made off, and I could not see her.

Q. Was she in the tap room at the time your watch was lost?

Prosecutor. She was drinking there then; but she was gone when I went to her, and I did not see her till I went before my Lord-mayor, after I heard my watch was stop'd.

Francis Egan . I have known the prisoner fifteen or sixteen years. The prosecutor is my servant , and was drawing beer at about a quarter before ten o'clock; some of the people asked what o'clock it was, when he pull'd out his watch, and said it was about a quarter after ten; he put it in his pocket again, as I believe, being very sober; after that, he came and told me he had lost his watch, so I insisted upon it that nobody should go out of my house till they were searched. I searched, but found nothing. After the watch was stop'd, a woman came and told me the prosecutor should have it again, provided I would not hurt the prisoner. Then I desired her to bring the prisoner to me, but she was gone; however, I found her in a little room in Cross Lane, and brought her before my Lord-mayor, when she said she found the watch in the tap room.

Prisoner's Defence.

I found the watch by the street door. I went to the Jew's house, and after that I was told by a woman that it was the prosecutor's watch. I thought the right owner was the properest person to have it, but it was the Jews sabbath (Saturday) and I could not get it, so I sent a woman to the prosecutor to tell him it was his watch, and that I would go along with him to the Jew, and he should have it.

For the Prisoner.

Luke Collins . I have known the prisoner about seven years; she lodged with me about four years.

Q. What is her character?

Collins. I have trusted her in my shop and never lost a halfpenny by her, and I have left her to receive money for me.

Hugh Macdaniel . I have known the prisoner about two years.

Q. What is her general character?

Macdaniel. I never heard any thing of her in my life but that of an honest endeavouring woman; she has work'd several times for me, and did my business very honestly; I never found any dishonesty by her.

Guilty .

[Transportation. See summary.]

57. (L.) Elizabeth Turner was indicted for stealing eight handkerchiefs, in one piece made of silk and cotton, value 10 s. the property of William Garsed , Nov. 23 . +

William Gunston . On Friday the 23d of November the prisoner came to my master's shop for sundry things, to the amount of 2 s. 3 d.

Q. What is your master's name?

Gunston. William Garsed ; he is a haberdasher on Ludgate Hill . I shew'd her a variety of handkerchiefs, and she looked over several of them; she was looking at some South-sea handkerchiefs.

Q. What are they?

Gunston. They are made of silk and cotton. Just at the same time a person came in, and while I was talking to him the prisoner moved to another part of the counter. I looked at her, and saw her hand move under her cloak. She immediately pitched upon a handkerchief, asked the price of it, and bid me cut it off. She turned round, in order to take her money out to pay me, and I saw something stick out in a bulge. She went out of the shop and I after her, and I saw her as she was stooping put something into her petticoat. I took her back, and said she had got something that was not her own. She fell down on her knees, and desired I would have compassion on her. I sent for my master, and we took her into our back warehouse and examined her. She pleaded guilty, and desired my master not to prosecute her, saying she could send for no friend that would appear for her.

Q. Did you find the handkerchiefs?

Gunston. We did, she had kick'd them down on the ground (produced in court, and deposed to as his master's property.)

Q. How kick'd them on the ground?

Gunston. She dropped them on the ground when she was brought into the shop again, and immediately fell down on her knees, and said, she hoped I would forgive her, for it was the first fact she ever committed, and I heard her confess the same to my master. She was very big with child, and has since been delivered in prison.

Prisoner's Defence.

I have nobody to appear for my character, being taken at a non-plus.

Guilty .

[Branding. See summary.]

58. (L.) Jesse Dixon was indicted for stealing 13 lb. and a half of a certain composition in glass, commonly called paste , the property of John Hopton , Thomas Hanson , and Carey Stafford , Sept. 1 . ||

John Hopton . I am a glass-maker .

Q. Have you any partners?

Hopton. Yes; Thomas Hanson and Carey Stafford are my partners.

Q. Where is your manufactory carried on?

Hopton. At a glass house in White Friars . The prisoner at the bar was my servant till the latter end of August last, when I was informed there was a great deal of paste offered about the town to sell cheaper than I sell it. I examined my paste, and missed about two hundred weight. I let the thing lie for some time, although the prisoner was the person that I suspected. About the middle of December Mr Carrol, a jeweller on Ludgate Hill, told me that Mr. Farmer, at the King's Head alehouse, Clerkenwell, had offered him some at a shilling a pound. (He is one who works in that way) I went to Mr. Farmer's house, and there saw about a quarter of a hundred at least. I brought away 13 lb. and a half of it, which I am positive is mine It is a new invention, that I have been at some expence to bring to perfection, and now I am deprived of the benefit of it. I asked Farmer who he bought it of, and he said he bought it of the prisoner at the bar. I took the prisoner up on the 18th of December, and carried him before justice Fielding. The justice examined Farmer, who said he bought it of the prisoner, and Dixon acknowledged he had received money of Farmer; he also said I allowed him the liberty to take a little for his own private use.

Q. Did you ever allow him any for his own private use?

Hopton. Upon my oath I never did, neither have any of my partners.

Prisoner. My master used to allow me to carry this glass to people, to see how they liked the colour of it, and I took a little more than I should do.

Hopton. I do not remember that ever I sent him with any of this glass. I did send him with a sort of glass which we call cane.

Prisoner. I never sold any in my life.

John Farmer . I had some of this glass of the prisoner at the bar.

Q. How much?

Farmer. I can't tell how much.

Q. When had you it?

Farmer. I can't rightly tell the time.

Q. Do you work in that way?

Farmer. I do a little in the common way of glass blowing, but nothing in the paste way. The prisoner brought several pieces to try at my house, so has Mr. Hopton himself, and he has taken a stone of it back to shew the colour.

Q. Did the prisoner use to say he was sent with it?

Farmer. He said that his master sent him with it.

Q. Did not you buy some of him?

Farmer. I gave him half a guinea.

Q. For what?

Farmer. He said he brought three or four pound at different times, and I said here is half a guinea for you to drink.

Q. Was it not for bringing that glass to you?

Farmer. He brought it to be sure.

Q. Did not you give him the half guinea for the glass which he brought?

Farmer. To be sure I did; Mr. Hopton says the prisoner brought near a quarter of a hundred to my house; It is a very hard matter to swear to any.

Q. What say you to that thirteen pound and a half, which Mr. Hopton says he brought from your house;

Farmer. I do not think I had thirteen pound weight of the prisoner, but I was not at home when he took it away.

Q. How much had you of him?

Farmer. I do not know; I never weighed it.

Q. Do you think you had one pound?

Farmer. Yes, I believe I had.

Q. Do you believe you had more than two pounds?

Farmer. I believe I had.

Q. Do you believe you had more than four pounds?

Farmer. I believe I had.

Q. Do you believe you had more than five pounds?

Farmer. I believe I had not above that. Mr. Hopton has himself brought some of the same sort of stuff to try, when he has made a fresh pot of glass or paste.

Q. When the prisoner brought this, did not he tell you where he had it from?

Farmer. He said his master sent it to be tried.

Q. How came he to leave it?

Farmer. When they bring it, they never carry it back again.

Q. What did you give him the half guinea for?

Farmer. When he said he had brought the value of four or five pound, I said here i half a guinea. He said his master sent it to have it tried, and to leave it when he brought a piece.

Q. to Hopton. Did you ever go yourself to try any of your glass at Farmer's house?

Hopton. I believe I have, but I never sent Dixon there with any of this sort of paste, and I believe I never went with this paste there: I believe it was the common glass, called cane, which I sent and carried there; some of these pieces weigh about five pounds a piece.

Farmer. I was an ignorant man when I was first drawn in, and now I suffer for it; it was not worth so much to me, for I never made any use of it: I use nothing but in the common way.

Q. Upon your oath, what do you take it to be worth a pound?

Farmer. It may be worth half a crown or three shillings a pound; I buy for a shilling a pound that which answers my end as well as that, of Mr. Hopton.

Prisoner. When I carried some to try, I carried a piece bigger than ordinary and gave him, for which he gave me half a guinea, and I thought it was six-pence.

Q. to Farmer. Did you tell him what money you had given him?

Farmer. I told him it was half a guinea. I said, here is half a guinea for you.

Cross Examination.

Q. Did you ever buy any glass of any body else besides the prisoner?

Farmer. Yes, several times.

Q. Did not you say before the justice, you had bought of so many people, that it was impossible to say who you had each piece of?

Farmer. I have dealt with a great many people to be sure.

Hopton. ( The glass paste produced in court.) This is our property.

Q. Are you certain of it?

Hopton. I am. There is nothing of the kind in town besides what I make.

Q. Have you not sold some of this kind?

Hopton. I have never sold a pound of it.

Q. How much is there of it?

Hopton. Here is thirteen pound and a half of it; I made it but in June last.

Q. to Farmer. Upon your oath, where did you get this paste?

Farmer. I had some of it of the prisoner, but I cannot say which piece. I believe I had some of the green of him, but I cannot say this is the same.

Q. Did you buy any green paste of any body else?

Farmer. Yes.

Q. Where?

Farmer. I have had green paste from over the water.

Q. to Mr. Hopton. What is this paste worth?

Hopton. This is worth two pounds twelve shillings; I value it at four shillings per pound: I brought nothing away from Farmer's but what I am positive to. I left a great deal behind me that I believe to be mine.

Mr. Alexander. I am a neighbour to Mr. Hopton, who called upon me to go along with him to search Farmer's house for this glass. Mr. Farmer has not been so candid in this affair as he ought to have been; he gave full proof before justice Fielding of this affair: We took him in custody, having found a large quantity of paste in his house; there was some purple paste in his house that was sworn to be Mr. Hopton's property, it was known by its having some miscarriage in the melting pot, which brought it home to be Mr. Hopton's property. Farmer at that time did acknowledge that he bought that identical piece of paste of Jesse Dixon at the bar; he said he gave him rum and water, and half a guinea, and then Dixon acknowledged he received half a guinea in gold of Farmer for this paste.

Q. Did the prisoner acknowledge his taking of it?

Alexander. He there said his master sent him out with it to have it tried, and that he took more than his master gave him leave to take.

Q to Farmer. What did you say before justice Fielding about rum and water?

Farmer. The prisoner had 3 six-pennyworths of rum and water.

Q. Did you give him that?

Farmer. I did.

Q. Was there no particular piece of glass, which you swore to before justice Fielding, that you had of the prisoner?

Farmer. I swore I had some green paste of him.

Q. Did you swear any of this is it?

Farmer. I believe it may be it.

Q. Did you or did you not swear to a particular piece of green paste which you had of the prisoner?

Farmer. Yes, I did; but this is not the piece I believe.

Q. Look at this particular piece. (He takes it in his hand.)

Farmer. It was this piece that I had of the prisoner.

Q. to Hopton. Are you sure that this particular piece is yours?

Hopton. (He takes it in his hand.) I am sure it is.

Q. to Farmer. How came you to remember a particular piece, when you say you have dealt with so many others of Mr. Hopton's servants?

Farmer. Mr. Hopton's clerk has brought me some to try.

Q. Have you ever bought any of him?

Farmer. No, I never did.

Q. Did you ever buy any paste of any other of Mr. Hopton's servants besides the prisoner at the bar?

Farmer. No. I purchased a great deal of Mr. Hopton himself.

Q. What paste?

Farmer. I have had no paste but what I had in this way.

Q. How much paste did the other clerk bring try?

Farmer. A little piece.

Q. Did you ever give him any money?

Farmer. No, I gave him no money at all.

Prisoner's Defence.

I took a large piece, bigger than ordinary, and he gave me a piece of money which I thought was a six-pence, saying, here is something to drink; which I thought a little odd. I would have paid for some rum and water, but he would not let me; and looking at my money in the morning, I found it to behalf a guinea.

Q. to Farmer. Did you ever agree with the prisoner at so much a pound?

Farmer. No.

For the Prisoner.

Mr. Straw. I am a staymaker, and have known the prisoner 16 or 18 years.

Q. What is his general character?

Straw. He is a very honest young fellow as ever I knew, and I never heard a miss word of him before; I never was so surprised in my life as when I heard of this affair. I believe that nobody, to do him justice, can give him an ill word.

Mary Wooton . I have known him I believe a dozen years. I have been a housekeeper twenty years in White-friars, and never heard any thing amiss of his character before now.

Q. What is your business?

M. Wooton. My husband is a carpenter, and free of the city of London.

Mrs. Eastern. I am a publican; the prisoner is a tenant of mine, and I look upon him to be a very honest man.

Q. How long have you known him?

Mrs. Eastern. I have known him but a short time, but have had a good character of him from people of credit.

Guilty .

[Transportation. See summary.]

59. (L.) Joseph Tedar was indicted for stealing one pair of silver shoe buckles, value 10 s. the property of Robert Parr , in the shop of the said Robert, privately , Sept. 24 . +

Lucy Slade . The prisoner came into Mr. Parr's shop, and desired me to shew him some silver buckles. I shew'd him some, and he chose out a pair, desiring to know the price of them. He stood at the door some time to look at them, then put them into his pocket, and went away with them.

Q. What do you value the buckles at?

L Slade. Eighteen shillings.

Q. Where were the buckles before?

L. Slade. They were in a shew-glass at the window; when he was gone, I went out from behind the counter and cry'd stop thief; our maid pursued him, and he and the buckles were brought back again.

Q. Was he in your shop, when, you delivered the buckles to him?

L. Slade. He was. Then the people carried him to the compter.

Q. What are you?

L. Slade. I am niece to Mr. Parr.

Q. Do you serve in the shop?

L. Slade. I have served in the shop these six years.

Q. Where are the buckles?

L. Slade. Mr. Bedford the constable has them.

Sarah Allen . I am servant to Mr. Parr, and was in the shop when the prisoner came in to buy a pair of buckles. I saw Miss Slade weigh them. The prisoner took and looked at them, put them into his pocket, and ran away. I ran after him, he was taken and brought back, and the buckles were found in his possession.

John Cooper . I was at the corner of St. Paul's Churchyard, going into Paternoster-row, when the last evidence cried out shop thief. I saw the prisoner running, so I ran after him; he was going to go down Paternoster-row, and I laid fast hold of him.

Q. Where is Mr. Parr's shop?

Cooper. In St. Paul's Churchyard ; I was told he had stole a pair of buckles, and asked the prisoner if he had got them; he said he had them in his coat pocket. The mob came about, and I delivered him to their care.

Samuel Jenkins . I heard the cry of shop thief, and ran to help to take the prisoner; when he was taken, he delivered the buckles into my hand ( produced in court.)

Q. to L. Slade. Look at these buckles.

L. Slade. These are the buckles I weighed at his request, and which he ran away with.

Q. Whose property are they?

L. Slade. They are the property of Mr. Robert Parr .

Prisoner's Defence.

I leave it to your Lordship and the court. I hope you'll let me have the pleasure to serve his majesty, having been to sea, and am but thirty-two years of age.

Guilty, 4 s .

[Transportation. See summary.]

60, 61. (L.) James Blackmore , and Thomas Rowley , were indicted for stealing one firkin and a half of butter, containing eighty four pounds, value 36 s. the property of Thomas and William Shakspire , Dec. 15 . ||

Henry Andrews . The two Mr. Shakspires are cheesemongers .

Q. Have they any other partner?

Andrews. No.

Q. Where do they live?

Andrews. They live in the Broadway, at St. Giles's.

Q. What do you know a gainst the prisoner, or either of them?

Andrews. I saw James Blackmore take a firkin of butter from Smart's Key , and run up the gateway with it.

Q. When?

Andrews. On the 15th of December. When he came to the top of the gateway I saw him run, so I ran after him, which he perceiving, threw it from off his shoulder and ran. I called stop thief, and he was taken. We carried him before my Lord-mayor, where he was asked how he came to take it. He said a man bid him take it.

Q. What do you know against Rowley?

Andrews. I know nothing of him.

Henry Barnes . Some time after Blackmore was taken I came up, and heard him own he had taken the firkin of butter. I asked him if he knew any thing of a half firkin that we had lost, and he said he knew nothing of it.

Q. Where was this?

Barnes. This was at an alehouse where he was taken, on the 15th of December. Before we went before my Lord-mayor he owned he took the butter that he was carrying away, from Smart's Key, and I knew it to be Mess. Shakspires's property by the mark.

Q. What is a firkin of butter worth?

Barnes. It is worth twenty-four shillings.

Q. Was you with him before my Lord-mayor?

Barnes. I heard him own the same there, but it was an alderman, my Lord not being there. He told me Rowley and he were concerned in taking it, and gave me information of half a firkin that we had lost on the 5th of December. I got a search warrant, and went, by his directions, and searched a house in Westminster, and there I found the tub, but the butter was gone.

Q. At whose house was it?

Barnes. It was at a chandler's shop in the Broadway, Westminster.

Q. How do you know it to be the same tub?

Barnes. I can swear that to be Mess. Shakspires's tub by the mark. The woman that keeps the shop said she bought the butter of three soldiers. [The two prisoners were soldiers .] Then I went and took Rowley in St. James's Park, who at first, upon being charged with stealing the butter, said he knew nothing of it; but at last he owned he was at the selling of it, and had half a crown of the money.

Q. Did he own the taking of the butter?

Barnes. No, he did not; but said he was with Blackmore and Taylor. [Taylor is another soldier, not taken ] Rowley said they had all three half a crown each. Blackmore had told me that they were all three concerned in taking the butter.

Q. Did he say when they took it, and from where?

Barnes. He said they took the half firkin on the 15th of December, from off Smart's-key, and sold it in the Broad-way, Westminster.

Henrietta Mc Gillery . I keep a chandler's shop in the Broad-way Westminster; I believe it was Blackmore that brought a half firkin of butter to me.

Q. Did he come alone?

H. McGillery. There were 2 men along with him; they told me they found the butter in St. George'sfields, and that they imagined it rolled off a cart coming from the city.

Q. Did you buy it of them?

H. Mc Gillery. I did.

Q. What did you give them for it?

H. Mc Gillery. I gave them seven shillings and six-pence.

Q. How much was there of it?

H. Mc Gillery. Twenty-eight pounds.

Q. Do you know how they divided the money?

H. Mc Gillery. I can't say any thing of that.

Q. from Blackmore. Who sold you the butter?

H. Mc Gillery. To the best of my knowledge you did, and took the money.

Blackmore's Defence.

I did not sell the butter to this woman; I and Thomas Rowley had agreed to take that other firkin of butter, and go and sell it.

Rowley was not called upon to make his defence.

Blackmore guilty .

Rowley acquitted .

[Transportation. See summary.]

62, 63. (M.) Alexander Gater and John Stoaker were indicted for stealing one hundred weight of ship tackle, called rope and junk, the property of John and Robert Batson , and one hundred pounds of other ship tackle, and iron thimbles and hoops , the property of persons unknown, December 27 . +

John Batson . I have known the two prisoners at the bar these dozen years

Q. Have you any partner?

Batson. My brother Robert is my partner I was going round our yard, where was John Taylor , a maner smith, landing an anchor.

Q. When was this?

Batson. This was on the 27th of December last, about seven in the evening.

Q. What yard is yours?

Batson. A ship yard Taylor asked me whether I had given liberty for any body to take some old ropes that were ship'd off, I answered no, then I met with the prisoner Gater.

Q. What was he?

Batson. He was a labourer in the yard. I asked him where he had been, and he said in the yard, about my business. Then I was angry with Taylor for letting any thing go out of the yard. Said he, let us take a boat, it is a hundred to one but we find them. It was just about high water. I walked up along shore near Limehouse-bridge, and went into the house of Ann Lee , a person that buys old rope and junk of a parcel of thieves, where I saw the two prisoners, one of them was in the house, the other was bringing the last parcel of ropes to Ann Lee 's house.

Q. Was the rope ship'd do you think, when you met Gater in the yard?

Batson. I do not think it was. Mrs. Lee was weighing the rope which they had brought in, her servant and Gater were at the scale.

Q. How much did the whole of it weigh?

Batson. It weighed four hundred and seven pounds. Stoaker put the parcel he was bringing into the scale; that is what we call three hundred and three quarters.

Q. What might that be worth?

Batson. She was to give them half a crown a hundred for it, as she told me.

Q. Is that the common price, new or old?

Batson. They include all in paper stuff.

Q. Did you challenge it?

Batson. I did, and charged an officer with the two prisoners; the woman sent her servant for him.

Q. Was all the rope your property?

Batson. Some part of it was, and some of it belongs to merchants, which is laid to be the property of persons unknown.

Q. How much of it was your's?

Batson. About a hundred weight of it was, it was mixed; it was rope and junk nooks, thimbles, and the like, all called ship tackle. I should have given Gater the rope, if he had asked for it in the middle of the day; but I wanted to find out the bayer, for I lose near fifty pounds a year by such a pack of thieves. I should be glad to recommend the prisoners to your Lordship for mercy; I believe they are capable of serving his majesty.

Q. Is it customary for your labourers to have the old ropes?

Batson. We give them to them upon their asking for them.

John Taylor . I have known Gater about ten years, and the other about six or seven; I live in Mr. Batson's yard.

Q. What yard is it?

Taylor. It is a ship builder's yard; they are ship-builders: I happened to be going down to the water-side to take an anchor on shore.

Q. What time?

Taylor. On the 27th of November, betwixt six and seven o'clock at night, a little before high water. I saw two bundles of rope lying, and a parcel in a wheelbarrow. I heard somebody call Ellick, and somebody answered; but they being under the shadow of the warehouse, I could not see them. I saw a man in a boat, into which somebody threw a bundle or two.

Q. Did you see who threw it in?

Taylor. No, I could not see that; I took it to he the two prisoners at the bar, but I cannot swear that. In about a minute's time Mr. John Batson came down to the water-side to me: I said to him, have you given any body liberty to take any ropes out of your yard? He said, no, and began to be very angry with me for not stopping of them. I said, there lies some in the yard, they are not gone. He went to see, and then they were gone. He came back to me, and said, I'll go and see if Ellick is gone through the tap-house. I had then got my anchor on shore. Then he and I went together to Limehouse Hole, but could not get a boat, so we walk'd up to Mrs. Lee's, and went through her house into her warehouse, where she was holding a candle to Ellick Gater, who was putting a bundle into the scale. I saw Stoaker come up out of his boat. We charged them both with taking the ship tackle out of Mr. Batson's yard, and they both owned it.

Q. Do you mean the same which you found in the scale and on Stoaker?

Taylor I do.

Ann Lee . I buy old stuff. Alexander Gater brought three hundred and a quarter of old stuff to my back door, but I neither weighed it nor paid for it. The gentlemen came, and Mr. Batson owned it; he came before it was all brought in.

Q. Did Alexander Gater bring it all in?

A. Lee. No. Stoaker brought up the last bundle.

Q. How many bundles was it brought in?

A. Lee. It was brought in two or three bundles; it was nothing but paper stuff.

Q. What do you give a hundred weight for such stuff?

A. Lee. I give half a crown a hundred for it; it is to make paper of.

Gater's Defence.

This stuff belongs to me; I brought it and laid it down upon the wharf, where it lay all day, till about six o'clock next evening; it is my right and property, as is all such stuff in ship yards, to all the labourers in the river; it was nothing but old rubbish. I went and called John Stoaker , and asked him if he could help it off for me. He said he would do it with all his heart, if he should not come into trouble about it. I said, it is nobody's but mine, and he could not get into trouble on that account. Then he said he would carry it for me. We carried it to Mrs. Lee's, and to the best of my knowledge there was no more than three hundred weight of it. I was about half a year in gathering of it together, and there was nothing among the rope but what was bad rotten stuff.

Stoaker's Defence.

This man [meaning the other prisoner] came to Mr. Peirce's, and said to me, John Stoaker , will you go and carry my stuff for me? I said, with all my heart, if I do not get myself into any trouble, for I would not get into trouble for all the world. He said the stuff intirely belong'd to him and nobody else, I have witnesses that heard him say these words. I have here the man that I served my time with, and another man that I work'd for between seven and eight years, to give me a character.

For the Prisoners.

Richard Jennings . I have known Gater seven years.

Q. What is his general character.

Jennings. He has lodged in my house six or seven years; I never knew any dishonesty by him in all my life, he always paid me honestly; I never heard any ill of him before this, and a little affair one time before.

Q. Do you know Stoaker?

Jennings. I do; he was employed as a waterman. On the 27th of November last I was at Mr. Peirce's house, where there stood Ellick, who said to Stoaker, will you go along with me. Stoaker said, if he came into no trouble he would. Ellick told him it was only to carry some old rope, his property, and he could not come into trouble for that. Then he went with him.

George Spencer . I have known Gater about eight years.

Q. What is his character?

Spencer. I never knew any thing of him but that of an honest man.

Q. Do you know Stoaker?

Spencer. I do; he is a very honest man, I never knew otherwise by him.

William Peirce, I have known Gater eight or ten years.

Q. What is his character?

Peirce. I never heard any bad character of him in my life.

Q. Do you know Stoaker?

Peirce. I do; I have known him twenty or thirty years, as many years as I can remember; he is a very honest man, and was employed as a waterman to carry this stuff.

Thomas Blunt . Stoaker served me many years; he is a very honest man. I never believed he rob'd any body or me either, and he always bore a good character. I took him out of Poplar school, and he served me very honestly.

Q. Do you know Gater?

Blunt. No, I do not.

John Cuddle . I have known Stoaker ever since he has been born.

Q. How old is he?

Cuddle. I believe pretty near thirty years of age.

Q. What has been his character?

Cuddle. He always bore a good character; he served his master honestly.

Gater guilty 10 d .

Stoaker acquitted .

[Transportation. See summary.]

64. (L.) Ann Allen , spinster , was indicted for stealing a silver watch, value 3 l. five guineas, and five shillings and six-pence, in money number'd, the property of John Milward , privately from his pocket , December 28 . ||

John Milward . I am a coachman . On Friday the 28th of December, I lost my watch.

Q. What time of the day?

Milward. I do not know what time exactly.

Q. What time did you miss it?

Milward. I missed it when I awaked.

Q. What time did you awake?

Milward. It may be about 11 or 12 at night.

Q. Where was you?

Milward. I was in Ashentree court, White-friars .

Q. How came you there?

Milward. I was pick'd up by a young woman in the street.

Q. Was you sober?

Milward. No, I was in liquor.

Q. Who is that young woman that pick'd you up?

Milward. I do not know, but she took me to her lodgings.

Q. What time was you pick'd up?

Milward. It might be between 6 and 7 at night.

Q. Should you know that young woman if you saw her?

Milward. I do not know that I should.

Q. Are you sure you had your watch and money at the time you was pick'd up?

Milward. I am sure I had.

Q. Had you them when you went into the lodging-room.

Milward. I did not see my watch and money in the lodgings, but I had them before I went into the room.

Q. Are you sure you had them when you was pick'd up?

Milward. I am sure I had them when I went along with the woman.

Q. What sort of a watch was it?

Milward. It was a silver watch.

Q. What money had you?

Milward. I had five guineas, half a crown and three shillings.

Q. Was the woman by when you awaked?

Milward. No. I was left in darkness; there was neither the woman nor any body else in the room.

Q. What did you do upon finding yourself in that situation?

Milward. I knock'd, and there came up a young man with a light, who lighted me down. I inquired if he knew the young woman who brought me there. He said he did, and gave me an account of her name, but it was quite wrong.

Q. What was he?

Milward. He lodged in the room below.

Q. What is his name?

Milward. I don't know.

Q. Where did he direct you to find her?

Milward. He went along with me to look for her, first to the Bolt and Tun Inn, and then to the King's Arms, the top of the Fleet market.

Q. Did you find the young woman?

Milward. No, we did not.

Q. Did you ever get your watch again?

Milward. No.

Q. Who had the watch?

Milward. The woman that was along with me.

Q. Who is she?

Milward. I don't know her.

Q. What have you to say to the prisoner?

Milward. I cannot swear to her, neither will I.

Q. Have you any thing to say to the prisoner at the b?

Milward. I have no more to say against her than what I have said.

Q. Did you ever hear her confess she had your watch?

Milward. No, never.

Abraham Abrahams . This young woman at the bar and two other young women sent for me to a publick house on the 29th of December last.

Q. Who were the other two?

Abrahams. They were discharged.

Q. To what house did they send for you?

Abrahams. To the Taylors Arms, in Duke's Place.

Q. Where do you live?

Abrahams. I keep a watchmaker's shop in Duke's Place. A man came in and told me, that three ladies wanted to speak with me at that house. I was surprised at three ladies coming there, it being but a very poor house. I went thither, and saw the prisoner and two other women. I asked whether any of them had sent for me. They were drinking of punch, and said I was not the person they sent for, but I might do as well. I asked what to do, and they told me they had a watch to dispose of. I asked them to let me look it, and they produced it.

Q. Which of them produced it?

Abrahams. They shuffled it so from one to the other, that I don't know which it came from, but the prisoner claimed it. I asked her what she must have for it, and they said three guineas. I said it is the wrong day (it happened to be on the Saturday, which is our sabbath) I cannot buy it to day. They said, we deal with your people, they don't mind what day. I seeing there were three of them, and that they came in a hackney coach, said, come to my house, we'll see if we can do any business. When I had them there, I got a constable, and told them I suspected they did not come honestly by it. I took them all three before my Lord mayor, who committed them all, and ordered me to advertise the watch, which I did, and the coachman came and claimed it.

Q. What did the prisoner say before my Lord-mayor?

Abrahams. She said she did not take the watch from the prosecutor, but found it on the bed after he was gone.

Q. What did she say to you about it, when she wanted to sell it to you?

Abrahams. Then she said it was her husband's.

Q. Did she confess before my Lord-mayor, that she had been in company with the prosecutor?

Abrahams. She did.

Q. to prosecutor. When the candle was brought up stairs to you, did you look for your watch?

Prosecutor. I did.

Q. Did you look upon the bed?

Prosecutor. I did, and under the bed.

Q. Where is this young man that brought the candle up?

Prosecutor. I do not know.

Q. Could he take up the watch at that time, without your seeing him?

Prosecutor. No, he could not.

Q. Where was your watch when you was in bed?

Prosecutor. That was in my breeches.

Q. Was you dressed when the young man came up?

Prosecutor. I was; I dressed myself in the dark.

Q. Do you think the watch might not drop out when you was dressing yourself?

Prosecutor. No, it could not, but I must have heard the sound of it.

Q. Are you sure you had your watch in your pocket in that room?

Prosecutor. I am sure I had it when I went up into the room.

Q. Was it not in your pocket when you went to get up?

Prosecutor. I am sure it was not then in my pocket.

Q. Is it not likely it might drop out when you went to go to bed?

Prosecutor. It never used to drop out.

Prisoner's Defence.

Whether my prosecutor did not say before my Lord-mayor, that he was knock'd down, and rob'd of his watch by Oliver Mount ?

Q. to prosecutor. You hear what the prisoner says, what answer do you give to it?

Prosecutor. I did tell my Lord-mayor so.

Q. Why did you say so?

Prosecutor. Because my master should not know how I lost it?

Prisoner. He swore that.

Prosecutor. I did not; I only swore to my watch: I told my Lord the truth of it afterwards.

Q. Who is your master?

Prosecutor. I live with Mr. Decure, of Hackney.

Acquitted .

65. (M.) Elizabeth Warner , otherwise Betty , single woman , was indicted for that she, on the 28th of November , was big with a certain male child, and afterwards was privately, and secretly delivered, by the providence of God, of that child alive, which, by the laws of this land, was called a bastard, and as soon as it was born, she, feloniously, wilfully, and of malice aforethought, with both her hands, did throw into a certain necessary house, by which means she, the said male child, did kill and murder ; she likewise stood charged on the coroner's inquest for the said murder.*

John Whitman. I am a nightman, and found a child in a privy belonging to Mr. Welch, in Plough-street, near Red-lion-square .

Q. When?

Whitman. On the 29th of November last. I remember it was on the thanksgiving day.

Q. Was it a male or a female?

Whitman. It was a male child.

Tuncella Webb. I am a midwife, and saw this child as soon as it was cleaned, after it was taken out of the privy.

Q. Was it a male or female?

T. Webb. It was a boy.

Q. Was it at full growth or otherwise?

T. Webb. To the best of my knowledge it was at full growth. I know nothing more, only seeing the woman [meaning the prisoner] in her bed in the workhouse.

Sarah Sawyer . The prisoner came in very uneasy to the alehouse where I live, that is, the Man in the Moon alehouse in Plough street, in the evening before the thanksgiving day.

Q. What hour?

S. Sawyer. It was not quite eight at night. I took great notice of her being so uneasy. I went away, and left her there.

Q. What time did you go away?

S. Sawyer. I went away presently after I took notice of her.

Q. Did you return again that night?

S. Sawyer. I was gone better than a quarter of an hour, and when I came again, I was told the woman was delivered of a child in the vault.

Q. Did you see the child?

S. Sawyer. I did, after it was taken out; there was a great uprear among the people, and they said the child was there.

Q. Was it a male or female?

S. Sawyer. It was a male child. I saw a great quantity of blood on the top of the window shutter belonging to that alehouse.

Q. Was it within the publick house?

S. Sawyer. No, it is just as you come out at the door; I helped to clean it, and after that I went up to see her.

Note, The Remainder 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 16th, and Thursday the 17th of JANUARY,

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


Printed, and sold by G. KEARSLY (Successor to the late Mr. Robinson) at the Golden-Lion, in Ludgate-Street, 1760.

[Price Four-pence.]


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 WHERE was she?

S. Sawyer. She was in an empty room two or three doors beyond, sitting on a basket; I saw something lying by her wrap'd up in a cloth, which I open'd and look'd at, and after I had seen it said, it was very odd that one thing should be there, and not the other, meaning the child.

Q. What answer did she make you?

S. Sawyer. She made me no answer at all.

Mary Lawson . I went to the Man in the Moon alehouse on the 28th of November, where I saw the prisoner at the bar.

Q. At what time?

M. Lawson. It was in the evening, but I can't say the hour; the prisoner was stitching the form of prayer, to have them ready to sell the next day; after that I saw her rise from her seat, seeming not to be well, and asked her if she was not well; she reply'd she was as well as ever, went out of doors, stay'd some short time, and return'd back again. As she was standing by the fire, she turn'd back her apron, and I saw the bottom of it was very bloody. Mrs. Johnson stood by and said to her, what ails your apron? she answer'd, her nose had been bleeding. I think she went out of doors again (but I am not quite sure of that) came in, and made a dispute about the form of prayer with one Walker; they had been at the printing office to buy them together, and one said that the one had five more than the other; then they called Mary Mitchel aside, what was said to her I don't know, but Mary Mitchel immediately called to me, and I went to her.

Q. Cannot you recollect some words that she said?

M. Lawson. No, she whisper'd; Mary Mitchel said to me, that Betty was very bad, that she had been to the necessary, where something had come from her, and that as I was a mother of children, I might be able to know whether it was a labour or not. I said, that though I was a mother of children, I was not capable of knowing that, for a certainty. Then Mary Mitchel asked me whether I would go and fetch a midwife, and I said that I would.

Q. Did you go?

M. Lawson. No, she would not give me time to go; and the prisoner said I had no need to go, for the child was down the necessary, and that she either heard it squeak, or cry (I don't know which of the words she made use of.) I told the prisoner she was mistaken, but she said she was not, and that if I would take a candle I might see the child. Then I and another woman went immediately from her.

Q. What is that other woman's name?

M. Lawson. Her name is Elizabeth Johnson ; I look'd down, and saw the child half in and half out of the soil; then I had a pair of tongs brought me, with which I caught hold of the child, but being in a flurry it fell out of the tongs; I laid hold of it again, and got it a great heighth, but it slip'd out of the tongs again. fell through the soil, and I could see no more of it; after that I went to Betty (meaning the prisoner) who was in the house, and said, Betty, Lord! what have you done, did you feel no pain when your child came into the world? she reply'd no, and added that she had come at seven months.

Richard Burril . I am a constable. On the 28th of November I was called into Plough street, to take a woman into custody (which was the prisoner at the bar) for the murder of her bastard child, by throwing it into a vault.

Q. At whose house?

Burril. At Mr. Welch's, I went, and was given charge of the prisoner. I asked her how she could be so great a brute as to murder her child. She told me she had occasion to go to the vault, and the child drop'd from her, and that she had very little pain.

Mary Mitchel . I used to go partners with the prisoner at the bar in fish. I have often taxed her, and said, Betty, you are very big, how long have you got to go? She always said to me, and a great many more, till the latter end of January, or the beginning of February. She went to the printing-office for some thanksgiving prayers on the 28th of November, to sell on the next day, being the thanksgiving day, and did not return again till about half an hour after eight at night, and then she came to the Man in the Moon alehouse, in Plough Street. When she came in I said, Betty, you have staid a great while. The woman that went with her said, if Betty had not been so big with child (by which means she had got her name set down) we must have come away without any papers. The prisoner went out some little time, and came in again. Then there was a dispute about some paper. I stood a little distance from her, and she beckoned me with her finger. I went to her, and understood her that she had been at the necessary house, and talk'd of something coming from her. I did not then understand that any thing had come from her. I went to a neighbour, and said, Betty has been to the necessary, and she is coming before her time; I understood something was coming, not come. I step'd to Mrs. Lawson, and said, I wish you will be so good as to step into our Nanny's house, and see how it is with Betty, for she had a very bad fall the day before.

Q. Did you see her have that fall?

M. Mitchel. No, I did not see it, but I heard it by a great many people; they all went out of the house with her except me, so I did not hear any thing of it till half an hour afterwards.

Q. Was you at the necessary at the taking up of the child?

M. Mitchel. I did go at the latter end, to hold the candle for Mrs. Lawson, who said she had hold of it, and I heard something fall. The girl always behaved well; I never heard otherwise by her in my life.

Margaret Watson . A little better than half an hour after eight o'clock I went in at the Man in the Moon alehouse, in Plough Street.

Q. What day of the month?

M. Watson. On the 28th of November. There Betty (the prisoner) sat by the fire-side on the floor. I came out again with a pint of beer for my supper, and I believe I had been at home till very near nine, when Betty came to me.

Q. Where is your house?

M. Watson. I have a room in Mr. Welch's rents.

Q. How long was it after you went home?

M. Watson. I believe it was better than a quarter of an hour after I went to my room; I was eating my supper with my husband and two children. She pushed my door a-jar and had it in her hand, and spoke sharper than ordinary as I thought, and said, Peggy. I want to speak with you. I thought by her speaking something ail'd her more than common. She perceived my countenance change, being daunted at her speech. I said, Betty, what is the matter now? She said, nothing ails me Peggy, but I want to speak to you. When I came out I pull'd the door after me, and stood in the passage. She said, Lord, Peggy, what shall I do, I had occasion to go to the necessary house, and in straining my child came from me. I reply'd, Lord, Betty, what will you do for the child, for you will be hanged? She said, hanged for what, she was come before her time. She beg'd of me to give her something of a rag directly or cloth, so I gave her a piece of a rag that hung behind my door, and a skirt of an old gown. She bid me not to be frighted, for she should go about her business on the morrow. She made use of them in my room, and went away from me; I believe she might be gone from me ten minutes, when I went out and turn'd into the passage, to go to the necessary house where the thing was done; there I met Mrs. Lawson and my sister coming out of the necessary house, with a candle. I clap'd my hands together, and said, O wicked wretch, what had she done! Mrs. Lawson said to me, pray Peggy go and see, for you may see the child upon the soil. I went, but could not look down, I was so daunted. Mrs. Lawson said, we will see if we can get it up with a pair of tongs, so I went and borrowed a pair, and brought them to her. She had the child two or three times up, but could not hold it. After we had lost the child in the soil, and could see no more of it, I went up stairs to the prisoner, who was sitting upon a kind of a basket. I looked her in the face and began to talk to her, and said, how could you go to do such a thing? She beg'd I would not reflect, and said she could not help it, she felt no pain.

Q. to the Midwife. Does not the after-birth usually come away with the child?

Midwife. Sometimes there is a pretty while distance, an hour or two, and sometimes less; it is not always alike.

Prisoner's Defence.

I did not come to my reckoning, which was the latter end of January, or begining of February; I had every thing provided for the child, I did not want to make away with it; my things were seen by the neighbours, Margaret Watson and her mother know that I had things provided.

For the Prisoner.

Margaret Watson (again.) I saw the prison1er have two child's shirts, a cap, and three forehead cloths.

Q. How long before this happened?

M. Watson. I believe she might cut them out about two or three days before; I really saw her cut them out. She had asked a young body, an acquaintance of her's, to give her a blanket.

Q. Was you present at the time?

M. Watson. I was, the young body said she would give her one

Q. What time was this?

M. Watson. This was about a week before the thing happened.

Mary Mitchel (again.) I know of her preparing som e linen, and I carried them to the workhouse to her; and I know the young woman that promised her a blanket, who asking her how long she had to go, she said, to the latter end of January, or beginning of February; then the other said, it is time enough to give it you.

Acquitted, as delivered by surprise .

66. (L.) Elizabeth Beaucline , spinster , was indicted for stealing one linen handkerchief, value 10 d. the property of William Beauge , December 17 ||

William Beauge . On the 17th of December, I was at Guildhall , seeing the lottery drawing, when I felt something at my pocket, and turning round, saw the woman at the bar with my handkerchief in her hand, going to put it into her apron. I laid hold of the handkerchief, she had hold of one end, and I the other; then she went to go down the back way, to Basinghall-street; she let go the handkerchief and ran, and a person that is here ran after her and catched her.

Jencup Janaway. I was at Guildhall at the close of the lottery, being concerned in two or three tickets, and the prosecutor was standing by me; suddenly he turned about and catched hold of one end of a handkerchief, and the prisoner at the bar had hold of the other; the prisoner got down the steps going into Basinghall-street, and was pulling the handkerchief at the bottom of the steps, and he above. I said to him, why do not you lay hold of her? then she flung off her cloak, and ran away. I and others pursued and took her, and I took particular notice of the handkerchief, putting a mark upon it with ink before the alderman ( the handkerchief produced, and he looks at it.) This is the same, here is my mark.

Q. to prosecutor. Is this your handkerchief?

Prosecutor. It is the same that I saw in the prisoner's hand, and it is my property.

Prisoner's Defence.

The gentleman's handkerchief was hanging out of his pocket, but I never handled or touched it; I did not know what they were going to do with me, and so I went to run away; what they say is false, for I never saw it more than I see it now. I have no friend but my mother, a very old woman, who sells fish, and has done so these forty years.

Guilty .

[Transportation. See summary.]

67. (L.) Elizabeth Blake , spinster , was indicted for stealing ten ounce of green tea, value 6 d. the property of William Proedd , December 23 . ||

William Bridgewater . Mr. William Proedd is my master, he lives at Holbourn-bridge .

Q. What is his business?

Bridgewater. He is a grocer . As I was doing business behind the counter, I was told by some customers in the shop, that the prisoner was doing what she should not do. I went to her and said, what are you at? She said nothing, but I searched her and found ten ounces of green tea upon her.

Q. Do you know whose property it was?

Bridgewater. It was the property of my master.

Q. When was this?

Bridgewater. This was on the 23d of December, or there abouts, between six and seven in the evening.

Q Had she asked for any thing?

Bridgewater. I don't know that she had; there were a great many customers in the shop, I suppose about twenty.

Q. Did you see her take any thing?

Bridgewater. No; I saw nothing but by information.

Q. Was the tea done up in any thing?

Bridgewater. No, it was loose in her apron.

Q. What did she say for herself?

Bridgewater. She said a woman gave it to her.

Q. Where did she say the woman gave it to her?

Bridgewater. That I don't know; but to the best of my knowledge I think she said it was given to her in our shop.

Q Are you sure it is your master's property?

Bridgewater. I am very certain of that.

Q. Was it taken out of a cannister?

Bridgewater. No, it was taken out of a chest. I informed my master of it, and he ordered me to send for an officer. When the officer came, I put the tea in a paper, and he took her to the watchhouse. I had the tea tied up and sealed, which the officer has got to produce here.

Q. What is his name?

Bridgewater. His name is Challase?

Q. What did she say before the alderman?

Bridgewater. She made a weak defence before the alderman, and said it was given to her by a woman in the shop.

Q. Did she name that woman?

Bridgewater. No. She said the woman was a stranger to her, and that she did not know her.

Q. Did she say she came to buy any tea?

Bridgewater. I did not hear her say any thing of that. (The tea produced in court by the constable.)

Bridgewater. This is my master's tea.

Prisoner's Defence.

I went to see after my mother, and could not find her. Then I went into the grocer's shop, to see if she was there, and a woman that was in the shop put something into my apron; I never saw that woman in my life before.

For the Prisoner.

James Galloway . I have known the girl at the bar about five or six years, and I believe she is an honest girl, but has not so much wit as other girls have. She served me at the time of my wife's being ill, and I never knew her to wrong me of the value of a pin. She has not wit enough to give a person a ready answer.

Q. What business are her friends of?

Galloway. Her mother goes to Rag Fair, and makes old shirts and aprons out of old cloth. I have known her mother these eight years, and she is a very honest woman. She has four children, is a widow, and has brought them up as well as could be expected for many years.

Guilty .

[Whipping. See summary.]

68. (L.) Elizabeth Mac Call was indicted for endeavouring to extort money from Mr. Stafford Briscoe , by sending him a letter, purporting, that he had given her a blow in the street on her breast, which had occasioned her to make use of a surgeon, and that if he did not give her some money, she should employ an attorney against him, &c . December 1 . ++

Stafford Briscoe. On the 1st of December I received a letter from one Mr. Alexander How , an attorney, in Bearbinder Lane.

Q. Can you prove the prisoner employed that attorney to write it?

Briscoe. I will pass that by, and give an account of another, which the prisoner own'd. Last Saturday was seven-night I received this letter, which I have now in my hand. (Producing one.) It was sent by the prisoner at the bar.

Q. How do you know that she sent it?

Briscoe. The porter is here that brought it.

Q. What is his name?

Briscoe. His name is King; and yesterday the prisoner sent me another letter, telling me she was in a very deplorable condition; that she lay upon boards, and was not likely to live.

William King . The woman at the bar delivered this letter to me. (He takes it in his hand.)

Q. Where?

King. I was at the Nag's Head in Cheapside, where I have plied ever since the year 1732. The prisoner came to me, and asked me if I would carry this letter to Mr. Briscoe's. I said I would. She gave me two-pence, and I received it of her in the passage.

Q. How was it directed?

King. It was directed to Mr. Briscoe.

Q. Did you carry it?

King. I did: I had but about the length of six doors to carry it.

Q. What said Mr. Briscoe?

King. He took and opened it, and the first word he said to me was, read that letter, where had you it? I said, a woman at the Nag's Head gave it me. He said, where is she? I said, at the Nag's Head now. He went along with me to the Nag's Head passage, and there he saw the woman, whom he desired to walk along with him to his shop, and he desired me to go also. Then he took the woman to the back part of the shop, and said, you may go away Mr. King, and when I want you, I will send for you.

Q. How long had you been in the shop before he bid you go away?

King. Not half a minute, but in an hour's time he sent for me to go along with them before my Lord-mayor; when we came there, there was alderman Cockayne sitting in his room.

Q. Was this letter produced there?

King. It was, and read to him by a gentleman that was there?

Q. Was the prisoner present?

King. She was.

Q. What did she say?

King. She said before the alderman, that about two or three months ago she was going down Ludgate Hill, or Ludgate Street, and as Mr. Briscoe was coming along, he gave her a knock on her breast, or pushed her, so that she had not been able to get her bread ever since.

Q. What said Mr. Briscoe to that?

King. Upon my word I have forgot what answer he made.

Stafford Briscoe. In consequence of this letter, I sent for my attorney, and, upon my shewing him the letter, he directed me to send for a constable.

Q. What is your attorney's name?

Briscoe. His name is Carrah; I don't know his Christian name. I carried her to the Mansion-House; alderman Cockayne was there: I told him I brought her there in regard to publick justice, more than in regard to myself, as I looked upon it to be done in order to extort money from me. She there said she did live servant with me for six months, about ten years ago.

Q. Had she ever lived with you?

Briscoe. I believe she had, I remember something of her face.

Q. Did she charge you before the alderman with assaulting or abusing her?

Briscoe. She did, but after her commitment was wrote she changed her tone; she persisted in it at first that I hit her with my elbow, but at last she did not insist upon it that I did it on purpose.

Q. What were her words?

Briscoe. She said I had struck her, or hit her, in the street, which was the reason of her writing this letter. I told the alderman I left it to what he thought proper to do, if he thought it necessary for me to prosecute I was ready to do it; he said he thought it was a thing of some consequence, and committed her; after that she fell a crying, and said she was very sorry she had given me any offence. I have no other motive to trouble the court with this affair but the publick good.

Q. Mention the words she made use of after the commitment was wrote.

Briscoe. The words as I understood them were, as near as I can recollect, she desired I would have compassion on her, for she had a child thirteen months old, and was with child again, desiring me not to be cruel, as she was sorry she had offended me.

Q. Did you ever strike her?

Briscoe. No, to the best of my knowledge; there is not the least foundation for what she has wrote, not the least in the world; if I knew there was, I should be very sorry to give the court this trouble.

The letter is read to this purport.

"Mr. Briscoe,

"SIR, I sent to you some time ago, and the

"gentleman desired me to call on you, but I have

"not been out of doors since before to day; I have

"a surgeon to attend my breast, and it is very hard

"I must suffer so much and have no recompence,

"but as I am a poor woman I hope you will consider

"me, for you are the person that gave me the

"blow; if you will give me one guinea I will not

"proceed any farther, but if you will not, you may

"expect to hear from me soon; pray send an answer

"by the bearer. I had one by me that saw

"it done, and I have a lawyer who will take

"it in hand, tho' I have got no money. I expect

"your answer now.

" Elizabeth Mac Call ."

Prisoner's Defence.

The day before thanksgiving day I was coming up Ludgate-hill, and another woman along with me, when this gentleman met me in the street, the other woman being close by me, and gave me a push from the wall, by which push I have had a sore breast, and was for three weeks an out patient in the Middlesex hospital; I could not lift my hand to my head, and was desired to apply to the gentleman, to see if he would make me satisfaction, as I had no mind to go to law, but thought if he would give me a trifle, it would be some satisfaction. I have a young child fourteen months old, and am with child again. I sent to him when I found my breast was bad, and called at his house once, but they said he was not at home.

Q. Is the person here that was with you?

Prisoner. No.

Acquitted .

69, 70, 71, 72. (L.) John Baker , John Smith , Robert Smith , and Richard Hickman , were indicted for stealing fifteen bushels of coals, called sea coal, value 15 s. the property of John Appleton , Aug. 7 . ++

Robert Long . I was book-keeper to Mr. French, which was the first service that I ever had in my life.

Q. When was you book-keeper to him?

Long. In the years 1757 and 1758.

Q. Do you know the four prisoners at the bar?

Long. Yes, they are coal-heavers , and were employed at Mr. French's in the months of July and August, 1758.

Q. What is Mr. French?

Long. He calls himself a woodmonger, and rents a Key called Pig's Key ; it is a wharf.

Q. Do you know Mr. Appleton?

Long. Yes, he is a dealer in coals .

Q. Do his coal barges come to Mr. French's wharf?

Long. They did some time in the year 1757, and for some considerable time after.

Q. During the time his barges came there, do you know of any coals being taken out of them?

Long. Yes; on the 25th of July, 1758, 3 sacks of coals were taken out of the Vulture lighter, belonging to Mr. Atkinson, by the four prisoners at the bar

Q. What was done with them?

Long. They were carried to Mrs. French's cellar, for which she gave these men at the bar one shilling per sack, for carrying them thither.

Q. Who is Mrs. French?

Long. That is the wife of my master French.

Q. What might coals be worth at that time?

Long. Three shillings per sack at least. Mr. Adkison, a lighterman, owned the barges, but the coals belonged to Mr. Appleton.

Q. What time of the day were they taken from the lighter.

Long. They were taken out about the middle of the day.

Q. Were any others present at the time?

Long. No, there were nobody present but the prisoners and myself.

Q. Do you know of any more being taken out?

Long. Yes. On the 4th of August following, there was one sack more taken out of a lighter, called the Scarborough, belonging to Mr. Appleton, and carried to the same place, by the prisoners at the bar.

Q. Do you know what money was received for that?

Long. They received one shilling for that.

Q. Do you know of any more being taken away?

Long. Yes; August 7th. there were three sacks more taken out of the Scarborough by the prisoners at the bar, and carried to the same place.

Q. Do you know of any authority they had to take these coals?

Long. I know of no authority for it farther than this; they would go to their mistress, and ask her if she wanted any round coals, and she would say yes.

Q. Who do you mean by their mistress?

Long. That was Mrs. French.

Q. Do you know of any authority the prisoners had from Mr. Appleton, to take coals out of these lighters, and carry to Mrs. French?

Long. They had none as I know of.

Q. At that time, what was the price of porterage, from the wharf up to Mrs. French's cellar?

Long. It was three-pence a sack. After that, on the same day, the 7th, I saw them about taking something else: I watched them, and saw them take a sack out of the same lighter, and carry it over a timber yard belonging to Mr. Bodicote, into Salisbury Court; I pursued them, and found them out: I had for a little time lost them, but I found Baker and the two Smiths wrangling about it in a publick house.

Q. Whose house was it?

Long. It was the house of John Branefield . Mr. Branefield questioned them how they came by the coals, as he bought them of them.

Q. What sign does he keep?

Long. The sign of the Ship in Salisbury Court; he married Mr. French's wife's sister.

Q. Was it a usual way for carrying coals, the way that they carried them to his house?

Long. No, there was no road at all. Mr. Bodicote has been angry with them, when they have gone over there to get liquor at that house.

Cross Examination.

Q. When did you come to be a servant to Mr. French?

Long. In February, 1756.

Q. How long did you continue in his service?

Long. Untill September, 1758.

Q. You say you saw this transaction of carrying coals to Mrs. French's cellar, did you see the shilling paid?

Long. I did.

Q. At that time did you know they were stolen?

Long. I did.

Q. Were they generally carried there about soon?

Long. They were, always at day light.

Q. Where is Mrs. French's cellar, which way did they carry them?

Long. They were carried to the cellar up Bride-Lane, in the common highway.

Q. Was there any conversation between you and the prisoners, for you to have part of the reward to hold your tongue?

Long. I had no part of the reward.

Q. Had you nothing to induce you to hold your tongue?

Long. No, nothing.

Q. What time was you dismissed from Mr. French's service?

Long. I left his service in September, 1758; I never was discharged.

Q. When you left his service, was not you indebted to him a sum of money?

Long. I was.

Q. Look at this bill, is this your hand-writing, these several sums?

Long. It is.

Q . What is the sum?

Long. It is 12 l. 1 s.

Q. Was this a sum of money that you was indebted to Mr. French?

Long. It was, but he wrong'd me of twenty pounds: He oftentimes would not pay me my weekly wages, or a six-pence; I could not live upon nothing.

Q How came you to set down this particular sum in this manner; here are four persons, and different sums of money, were not these sums what you had not brought into the account?

Long. I have discharged them, and the book will snew it.

Q. Did you write these sums in the book the same day that you received them?

Long. I believe I did not.

Q. How long after?

Long. Some may be a week after.

Q. Whether this writing, on this bit of paper, was wrote before you made an entry in the book?

Long. No, it was not; they were entered in the book before that bit of paper was wrote.

Q. Is this bit of paper an exact copy?

Long. I believe it is.

Q Did you ever settle any account with your master, at the time when you had omitted to make an entry of money that you had received?

Long. I settled accounts with him every year, and never oftener.

Q. Was you not indebted to him when you left his service?

Long. I was, but not so much as he charged me with.

Q. Did you give him two bonds for the money?

Long. I did.

Q. Were they given before you left his service, or after?

Long. They were given before I left his service.

Q. How long before?

Long. I cannot tell, it was some time before. Mr. Reynolds can tell, for he has the bonds in his custody.

Q. Was you indebted to Mr French for the money that the bonds were made for?

Long. I was.

The two bonds produced.

Q. Look at these bonds.

Long. These are both signed by my own hand.

Counsel for prisoners. One is dated the 28th of June, 1758, the other the 30th of June, 1758; one in the penalty of 40 l. for the payment of 20 l. and the other in the penalty of 54 l. for the payment of 2 l.

Q. When was it that you was threatened to be sued on these bonds?

Long. I have been threatened to be sued several time, and at other times I have been promised to be let alone.

Q. When was the last time you was threatened?

Long. I was threatened two or three months ago

Q When did you first lay any information before a magistrate about here ?

Long. I never did about three months ago, but I had wrote letter to Mr French two or three months before, to let him know what I could do.

Q Did you ever give any information to a magistrate till you was threatened?

Long. No, but I was mentioned it to several people, and in particular to one gentleman of reputation and credit, long before I was sued.

Q. How long before you was sued?

Long. Above six months before.

Q. Was it before or after you had quitted his service?

Long. It was after I had quitted his service and when I was sued, I immediately disclosed it.

The two bonds read.

Q. When was you sued?

Long. I was sued in Michaelmas term last.

Q. What magistrate was you before?

Long. I was before Sir Samuel Fludyer , and alderman Dickinson.

Q. When you was before Sir Samuel Fludyer , were any of the prisoners sent for to be examined?

Long. They were; I was carried there to make an affidavit, and I gave information against these four men at the bar, and Mrs. French.

Q. Were they summoned there?

Long. They were.

Q. Did they come to their summons?

Long. They did.

Q. Were any of them sworn?

Long. Two of them were, John Smith and Richard Hickman .

Q. Did they not totally contradict what you had said?

Long. No, they did not.

Q. Did they own the fact?

Long. No.

Q. What did they say?

Long. They said they did not know one person's lighter from another, they could neither write nor read.

Q. Were they not discharged?

Long. There was no warrant granted. Sir Samuel said if there was no evidence but myself, he could not grant me a warrant, so as to come at the truth of it.

Q. Did you go afterwards before alderman Dickinson?

Long. We went before him, they were summoned to meet at Guildhall; there were Sir Samuel and Mr. Dickinson both together

Q. Was the account that you gave there the same as now?

Long. It was.

Q. Was it believed at that time?

Long. I cannot help it if they did not believe it.

Q. Did you make any declaration to Mr. Appleton, that you knew him to be injured?

Long. No, I did not.

Q. Were any of the prisoners in custody at all, untill you went before the grand jury, to get bills of indictment against them?

Long. No, I believe not.

Q. How long did they appear publickly before they were taken up?

Long. That Mr. Appleton can best inform you of, because I saw none of them; I only know of Hickman's being taken up, I do not know when the other three were.

Q. Were they all in their business, appearing publickly?

Long. They were; but Mr. French had given his word that they should be forth coming, and Mr. Appleton took his word.

Q. Did the prisoners go voluntarily before my Lord-mayor, when they knew there were bills of indictment found against them?

Long. One of them went very unwillingly; the others I can say nothing of, as to that. Mrs. French was mentioned in the summons, but she cannot be found.

Q. Was the prisoners bail of their own procuring, or of Mr. French's procuring?

Long. Some of them are Mr. French's friends.

Q. What is that man's name, to whom you gave this information?

Long. His name is Consel, a man of great reputation.

Q. What induced you to give Mr. French these bonds?

Long. The first year I lived with him he gave me 30 l. a year, and the next he said he would give me 50; he offered me 70 l. a year before I left him, but he never advanced my wages to any more than 40 l. a year. Though I had a wife and three children, several weeks he has given me no wages at all; and my wife and family have had nothing but bread and water to live on for three days together, when I lived with him.

Council for prisoners. Those bonds are for 47 l.

Long. Upon my oath these bonds are for money not intirely due to him.

Q. Why did you not insist upon having a fair account taken before you gave these bonds?

Long. How must a poor man get relief! having nothing but a verbal bargain. He very ungratefully flew from that, and left me in the lurch 20 l. If you will examine the book, as it is here, you will find it posted with my own hand, that there is but 27 l. due to him.

Joseph Consel . I am a dealer in coals. Mr. Long is my servant.

Q. Do you look upon him to be an honest man?

Consel. I do, and have reason to think so.

Q. How long has he lived with you?

Consel. About 16 months.

Q. What do you give him per year?

Consel. I give him 45 l. per year.

Q. Was he formerly a servant to Mr. French?

Consel. He was.

Q. Did he ever talk to you with regard to coals?

Consel. I have heard him talk from time to time, perhaps eight or nine months, or pretty near twelve months ago

Q. What have you heard him say?

Consel. I have him say, that when he first lived with Mr. French he was a very unjust man in measuring of coals.

Q. Did you ever hear him talk with regard to Mr. French's servants taking of coals.

Consel. I cannot say I did; I have heard him say Mr. French has given short measure

Q. Does Mr. French keep a wharf?

Consel. He does, he is a dealer in coals, and is a lighter man too; he is in the same branch as I am.

John Appleton . I am a dealer in coals, and have used Mr. French's wharf at Pigs-key, about two years.

Q. Do you deal largely?

Appleton. I deal in a middling way, for some hundreds a year.

Q. Whose lighters do you make use of?

Appleton. They are one Mr. Adkerson's; I pay for lighterage, the coals are mine while in my possession; from that wharf I measure out and deliver coals as I want them.

Q. During the time the lighters lay there, did you ever miss any coals?

Appleton. I have had a complaint for almost a year and a half, having found them run short. I have missed coals all the year long, and complain'd to the lighterman, telling him there must be a default somewhere, for coals could not melt. I complained also to the lighterman's clerk, thinking they must go at the wharf, as I found a deficiency in the very last barge that came to Mr. French's wharf in September last. Then Mr. Owen came and told me, if I would go to Mr. Long, he would give me an account how my coals came to measure short. I went to him, he was in the spunging-house, where he had minutes of every particular of such and such lighters, and of coals being taken out of them, saying he would make oath that I never had a lighter or barge there, but what coals were taken out of, and giving me the same account of coals being taken out of the two lighters as he has done now. Sometimes a lighter lay there six weeks or two months before she was clear'd. I went home and found Mr. Long's account tally with my book, and Mr. Adkerson's book agrees with mine.

Cross Examination.

Q. Are you sure you have lost coals from lighters there?

Appleton. I am sure I have lost a great many coals out of my lighters.

Q. Did not the prisoners go willingly before the magistrate?

Appleton. They did; because the mistress was concerned, and the master supported them.

Q. Did they go freely?

Appleton. How do you understand freely? they were obliged to go by virtue of a warrant.

Q. Did any alderman grant your warrant?

Appleton. No, Sir; I will tell you the reason why. Alderman Dickinson said, we believe you have been rob'd, and should be glad you would see for some other evidence, to strengthen that of Mr. Long, then we will grant you a warrant. Now since then we have found another evidence to support that of Mr. Long, that is, French's wife's sister's husband, where they carried the coals to in Salisbury Court, who is the man that bought one sack taken out of my lighter; had we had this evidence at that time, alderman Dickinson would have granted a warrant.

Q. Was not Long under an arrest?

Appleton. I told you before he was in a spunging house.

Q. Did you know any thing of this till after the arrest?

Appleton. No, I did not; Mr. Owen told me of it first.

John Bransfield . I married Mr. French's wife's sister.

Q. Do you remember that about August last was twelve months a sack of coals was brought to you by the prisoners at the bar, or either of them?

Bransfield. I remember a sack of coals being brought to our house the latter end of the summer, about July or August, I can't say to the time; there was a dispute, my wife owed Mrs. French for four sacks of coals, saying, she would go and pay for them, and order some more in, and as she was going out at the door the men brought the sack in.

Q. Had there been any order for the bringing of them?

Bransfield. No, they had not been order'd at all.

Q. Which of the prisoners brought them?

Bransfield. Three of them; Robert Smith had them on his back, and his brother and Baker came in after him. Mr. Long came in while they were making a dispute, and Mr. French had came and said, he had a suspicion that things were not right, desiring me not to take any of them but what came from his wife. Upon this I made an objection, and my wife said she would go and pay Mrs. French for them directly. Baker came to me and said, D - n it, don't go making a noise there. Said I, if they are not your mistress's coals, you will be in a fine hole, and so shall I too. Said he, they are not my mistress's, we never rob my master of any.

Q. Was Hickman one of them?

Bransfield. No, he was not there.

Q. Which way did they come with them?

Bransfield. They brought them through Mr. Bodicote's yard; I saw them come up by our window, there is no other way by my window but through that yard.

Q. Have you ever had coals from Mr. French's wharf that way before?

Bransfield. Yes, when it was low water.

Q. Was this at low water?

Bransfield. I can't say that it was.

Q. Is there a distinction between a cart sack and a retailer's sack.

Bransfield. There is.

Q. What sort of sacks do you expect them to be in, when brought out of a cellar?

Bransfield. If they come out of a cellar, they should be in two bushel sacks, those being retailers sacks.

Q. Did Mrs. French at that time deal in a retail way, separate from her husband?

Bransfield. She did.

Q. At the time you had these coals brought, when they said, do not tell our mistress of it, do you remember whether they themselves had carried other coals?

Bransfield. They said they had carried some of the same sort to their mistress's.

Council for prisoners, to Appleton. Was ever any demand made upon Mr. French, that if he would pay you a sum of money, there should be no prosecution?

Appleton. Demand! by whom?

Council for prisoners. By you.

Appleton. No, Sir, there never was such demand made by me.

Council for prisoners. Nor never any talk of a hundred pounds being paid to you?

Appleton. No.

Council for prisoners. Did you authorise your attorney to ask him for any sum?

Appleton. I left it to my attorney; I did not chuse to smother it, and I would not offer any such thing; I thought he would make a handle of that: there was nothing offered to me or to him as I know of.

Council for prisoners. Was your attorney either to make it up or prosecute, or was he to accept of money, and if not, to proceed?

Appleton. I know nothing at all of that.

Council for prisoners. Who was your attorney?

Appleton. Mr. Jackson was.

Council for prisoners. Tell me whether this is Mr. Jackson's hand-writing.

Appleton. (He takes a paper in his hand.) It is.

Council for prisoners Let it be read.

Council for the crown. I object to that letter being read, except they examine Mr. Jackson, who is here. (He takes and looks at it.) It is as fair a letter as possible, so by all means read it; it is a letter from the prosecutor's attorney to Mr. French's attorney.

It is read to this purport:

December 21.

"Mr. Reynolds, I am now to inform you, unless

"I have some proposal from Mr. French to-morrow,

"I shall be under a necessity of proceeding

"next day, my client not agreeing but on terms

"as mentioned; it is therefore material for you

"and Mr. French to consider maturely, &c."

Baker's Defence.

The sack of coals which we carried to Mr. Bransfield's, our mistress gave us orders to carry to her sister's, and said she wanted some; we never took a coal out of Mr. Appleton's lighters.

John Smith 's Defence.

I never wronged Mr. Appleton of a coal in my life, to my knowledge.

Robert Smith 's Defence.

I never wronged him or any man else of a coal in my life.

Hickman's Defence.

I never did such a thing in my days.

Q. to Long. Is there money due from you to Mr. French now?

Long. Upon the bonds there is, but if I had my right I do not think there is any thing due; to be sure the bonds I gave are not quite paid off.

For the Prisoners.

Mr. Robert Reynolds . The letter that has been read here was directed to me, I was attorney for Mr. French; as his wife was accused, I brought an action against Long, and he was carried to the spunging house; when he was in custody, his wife and Mr. Owen were desirous that he might be admitted to bail, and Mr. Owen desired me to prepare a bail bond. Mr. French had given me general directions, that if they got good bail he might be discharged. Mr. Owen proposed to be bail.

Q. At the time these bonds were executed, did Long pretend the money was not due?

Reynolds. I heard no objection at all then, he was very easy, and not a word was said about imposition.

Q. Here has been a letter read, from the prosecutor's attorney to you, in which he says he is to inform you, that unless he has some proposal from Mr. French, he shall be under a necessity of proceeding, did Mr. Appleton ever propose that Mr. French should pay him any sum of money, to prevent a prosecution?

Reynolds. There was first a meeting at St. Paul's Coffee house, where this matter was discoursed of; it was given out in general terms, that Mr. Appleton had been a great sufferer from time to time, and that the terms must be very considerable; there was another meeting appointed after that, where Mr. Appleton was not present, but Mr. Jackson attended on his behalf, who was pleased to say, that by the frequent repeated times of these coals being taken o ut of the lighters, the damage must amount to an hundred pounds or upwards; we could not admit that any coals had been taken at all that Mr. French knew of, who could not believe any such thing as was mentioned by them, either of his wife or the prisoners at the bar.

Q. Was there any sum of money mentioned by Mr. Jackson, that Mr. French was to pay to stop the prosecution?

Reynolds. I think he said, that upon the payment of 100 l. to Mr. Appleton, for the damage sustained by him, there should be no proscution, but Mr. French would not pay one penny. I proposed to have an action of trover, and mentioned that by way of conversation.

To the Prisoners Characters.

Isaac Wilkinson . I am bail along with Mr Honywood for the two Smiths and Baker; the gentlemen are pleased to say the bail are of Mr. French's procuring, which I mention because it was said by Mr. Appleton and his council: I did not know Mr. French only by sight, and never was in his company till this day in all my life.

Q How long have the three prisoners you mention'd been out upon bail?

Wilkinson. They have been out upon bail about 5 or 6 weeks.

Q. In what sum was you bail?

Wilkinson. I believe it was in the sum of 20, 30, or 40 l.

Q. What are you?

Wilkinson. I am a publican.

Q. How long have you known Baker?

Wilkinson. Between 4 and 5 years.

Q. What is his character?

Wilkinson. He is a very honest, hard-working, pains-taking man, and I believe he deserve that character; I should have no scruple to trust him, as I always found him honest.

Q. How long have you known John Smith ?

Wilkinson. About 4 months.

Q. What is his character?

Wilkinson. He is a very hard working man.

Q. How long have you known Robert Smith ?

Wilkinson. About the same time as I have known his brother; he is a very honest, pains-taking man.

Q. Did either of them abscond upon this affair?

Wilkinson. No, they were always in their business; I believe them to be three as honest men as live.

George Stodard . I have known John Smith seven years, or more.

Q. What is his character?

Stodard. He is as honest a man as any in England, he lodged in my house; I could trust him with untold gold.

Q. Did he ever abscond upon this?

Stodard. No, never.

Q. Do you know his brother Robert?

Stodard. I do, but I am not so well acquainted him as with his brother; I never heard but that he is an honest hard-working man.

Q. Has he absconded?

Stodard. No, he never did.

Q. Do you know Hickman or Baker?

Stodard I can't say that I do.

John Haystins . I was bail for Hickman; I have known him for about 4 years

Q. What is his general character?

Haystins. He has a very good character, he is a very honest hard-working man as need to live; that has been his character ever since I have known him. Mr. French never knew that I was his bail till after I gave bail.

Q Do you know either of the Smiths?

Haystins. I have known them about 3 or 4 years, they always bore very good characters.

Q. Do you know Baker?

Haystins. I have known him some time; he always bore a very good character, that of a hard working man.

Q. Did either of them abscond?

Haystins. I never heard that any of them did.

Joseph Noon . I was one of the bail for Hickman; I never knew Mr. French before this day. and never saw him above once before to my knowledge.

Q. Was you procured as bail by Mr. French?

Noon. I was not

Q. How long have you known Hickman?

Noon. I have known him about 7 years; he has lodged in my house so long.

Q. What is his general character?

Noon. I have trusted him many scores of times, he has measured many scores of bushels of coals for me; I sell coals in the retail way.

Q. Did he ever abscond?

Noon. No.

Q. Do you know any of the other prisoners?

Noon. I know them all by sight, and have drank with them; I never heard any ill of either of them.

Robert Littlewood . I keep a publick house, the prisoners all use my house.

Q. How long have you known them?

Littlewood. I have known the two Smiths 3 or 4 years, Baker pretty near as long, and Hickman 2 years; they have always behaved very well, and I have trusted them; they are willing to pay when they have work to do, and willing to work when there is work to be done; they are all of them industrious men.

Thomas Mirbourn . I have known the two Smiths a great many years, I know Baker also.

Q. What characters do you give them?

Milbourn. That of very hard working, industrious men, I never heard to the contrary.

Edward Isington . Hickman has been my servant about a year and 2 months.

Q. What is your business?

Isington. I keep a coal wharf.

Q How has been his behaviour?

Isington. He has behaved very honestly and diligently in his business, and I look upon him to be an honest man.

Joseph Wright . I have known Hickman about 13 months.

Q. What is his general character?

Wright. He is a very honest labouring man.

Joseph Andrews . I have known Hickman since April last; I always found him very honest in the execution of any business that I put him to at the wharf.

Q. What are you?

Andrews. I am a dealer in coals; I have trusted him in working and measuring of coals.

John Couley I have known all the prisoners 3 or 4 years; they have measured coals for me, and are sober, industrious, honest men. I believe they all deserve that character

James Gordon . I was clerk at a wharf in Durham Yard, but am now a dealer in coals, and keep a wharf. Robert Smith was with me about two years, and Hickman ten or eleven months, and they did their work constantly.

Q. What are their characters?

Gordon. I never heard any thing to the contrary but that of honest men.

William Jeffs . I have known Baker above seven years.

Q. What has been his character?

Jeffs. Very just and honest. I employed him to drive carts of hay. He has brought me some hundreds of pounds, and he always behaved very honestly: I never heard to the contrary of that of an honest man.

Q. What are you?

Jeffs. I am a carman in Smithfield.

Mr. Young. I live at Fleet-ditch, am a dealer in coals, and keep a wharf. John Smith and Baker have worked for me; Smith is a very honest fellow.

Q. What do you say as to Baker?

Young. I never had any reason to believe to the contrary of him.

James Bottomly. I have known Hickman and the two Smiths these fifteen years, and Baker but a little time; I look upon them to be honest, industrious men.

Q. What are you?

Bottomly. I was clerk to a coal wharf.

All four Guilty .

[Transportation. See summary.]

73. (M.) Esther Monk , widow , late wife of Richard Monk , deceased, was indicted for that she, intending her husband to deprive of life, and to kill or murder, on the 9th of January , on him the said Richard, traitorously, wilfully, and of malice aforethought, with an iron poker, on the left side of the head, did strike, thereby giving him one mortal bruise, of which he then and there did instantly die . *

Thomas Kemp . I being constable in the parish where the deceased ( Richard Monk ) lived, was sent for on the 9th of this instant January, and was told that the woman at the bar had killed her husband with an iron poker. I took her in charge, and had her before justice Welch, where she confessed she had killed her husband with an iron poker.

Q What did she say before she was at the justice's?

Kemp. I never spoke to her going along.

Q Did she, at the justice's, give any reason for her so doing?

Kemp. No. She said he had been a very good husband to her, and that she had a thought of it about a month, or thereabouts, before.

Q. What was your opinion of her, with respect to her understanding?

Kemp. I did not know her, though she lived in my neighbourhood a great while. I have heard since, by the neighbours who knew her, that she has been out of her mind.

Q. Did the justice ask her no questions?

Kemp. Yes; he asked her what made her to do it, and she said the d - I made her to do it.

Q. What was your opinion of her?

Kemp. I did not take her to be clear in her senses. I do not know that I ever saw her before, or heard any thing of her, either good, bad, or indifferent. I knew her husband, who was a coachman, a very old man, and she appears to be very old.

Q. Did she abscond after this unhappy affair?

Kemp. No; she was at a neighbour's house.

Catherine Whistler . The prisoner's husband being ill for some time before the accident happened, I attended him, to look after him, for nine or ten days; indeed I attended them both, as much as in my power, for she seemed very stupid, sometimes talking of going to drown herself, and in a very strange way.

Q. Do you know how the man came by his death?

C. Whistler. No, I do not.

Q Are there any other evidences for the prosecution?

C. Whistler. No. Here are many neighbours to prove she was not in her proper mind, if need be to call them.

Acquitted .

74. (L.) Patrick Nicholson was indicted for stealing 56 pounds weight of butter, value 20 s. the property of Walter Matthews , Jan. 2 . ||

Walter Matthews . I am a cheesemonger , and live in Newgate Street . On the 2d of this instant I lost a firkin of butter from my door, but I do not know who took it, of my own knowledge.

Q. Have you seen it since?

Matthews. I have, in my own house; it was brought back again in less than half an hour's time.

Q. Who brought it back again?

Matthews. My servant, named Philip Trigg .

Philip Trigg . I am servant to Mr. Matthews. A young woman came and told me she had seen a man carry the butter down the alley. I went, and found it to be my master's property.

Q. What did you know it by?

Trigg. There was my master's mark upon it.

Q. How near your master's house did you meet with it?

Trigg. Within about fifty or sixty yards; it was set behind a window shutter, and the prisoner was near it: I made him take it and bring it back again to my master's shop.

Q. Did you see him take it?

Trigg. No, I did not.

Jane Boyce . I am sixteen years of age. I saw a man with a firkin or butter on his shoulder, carrying it down an alley, and set it behind a window shutter.

Q. Did you see him take it?

J. Boyce. No, I did not. I told Mr. Matthews's servant of it, went along with him, and shewed him where it was.

Prisoner's Defence.

I know nothing at all of it. Why did not that witness go and tell the master of it in the mean time? I know nothing in the world of it, was I to be hanged for it.

Q. from prisoner to Mr. Matthews. Whether I did not use to carry goods for you?

Matthews. The prisoner is a porter, he goes any where where he can; I have employed him. He ha received money for me, and always behaved well before this.

Q. How long have you employed him?

Matthews. At time for these 2 years, or better. I always found him very honest.

For the Prisoner.

Peter Carter . I have known the prisoner 3 years, please your honour.

Q. What are you?

Carter. I am a single man.

Q. What is your employment?

Carter. I am a servant man.

Q. What is the prisoner's character?

Carter. A very good one as far as ever I saw; so far as this, I know him to be honest to pay his way.

Elizabeth Ryan . I have known the prisoner between 5 and 6 years.

Q. What are you?

Ryan. My husband is a porter in the market, and I follow the same.

Q. What is the prisoner's character?

Ryan. I never heard any thing to his discredit; he is reckoned an honest man always in the market, Leadenhall market and Newgate market, and please you.

Q. to Trigg. What did the prisoner say for himself after you and he were got into your master's shop?

Trigg. He said he knew nothing at all of it.

Christopher Clark . I am a porter, and use the same market that the prisoner does.

Q. How long have you known him?

Clark I have known him three years.

Q. What character does he bear?

Clark. He bears the character of an honest man; he was always a hard working, industrious man, as long as I have known him.

Prisoner. I have no more witnesses about me.

Acquitted .

75. Mary Smith , spinster , was indicted for stealing ten guineas and a half , the money of Thomas Williamson .

Thomas Williamson not appearing, she was acquitted .

76. Thomas Gosling was indicted for wilful and corrupt perjury .

The prosecutor not appearing, he was acquitted .

The trials being ended, the court proceeded to give sentence as follows:

Received sentence of Death 1.

Peter Hopgood .

Transported for seven years 17.

Joseph Yarwood , David Morgan , Lucretia Saunders, Margaret Earley , Jesse Dixon, Joseph Teader , James Blackmore , Elizabeth Beoucline , John Baker , John Smith , Robert Smith , Richard Hickman , John Burch , William Saunders, Mary Cordell, Alexander Gayter, and Edward Johnson .

To be branded 2.

John Tyrrell, and Elizabeth Turner .

To be whipped 2.

Margaret Conner , and Elizabeth Blake .

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