Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 September 2014), February 1760 (17600227).

Old Bailey Proceedings, 27th February 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 27th, Thursday the 28th, and Friday the 29th of FEBRUARY,

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

LONDON:

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

[Price Four-pence.]

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable Sir THOMAS CHITTY , Knt. Lord-Mayor of the City of London; the Hon. Sir THOMAS DENNISON , Knt. one of the Justices of His Majesty's Court of King's-Bench;* the Hon. Sir RICHARD LLOYD , Knt. one of the Barons of His Majesty's Court of Exchequer; + 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.

Joseph Malpas

Thomas Birch

Richard Buncombe

William Austin

William Coleman

John Pont

Thomas Wheeler

George Jackson

Charles Higgins

John Page

John Coster

Joseph Hoggart

Middlesex Jury.

Thomas Treslove

Collin Dollinson

William Dow

James Bainbrig

John Plat

John Anderson

George Bickham

Charles Pearce

Peter Geary

Francis Pitsala

William Davis

Henry Turing *

* Richard Stratton was sworn in the room of Mr. Turing.

77. Charles Johnson Shaw was indicted for stealing one quart silver tankard, value 5 l. the property of Thomas Davis , Jan. 27 .

To which he pleaded Guilty .

[Transportation. See summary.]

78. (M.) Ann Stevens , single woman , was indicted for stealing 2 damask napkins, value 3 s. 3 diaper napkins, value 3 s. and 1 huckaback towel, value 6 d. the property of Charles Fredrick , Esq ; January 19 . +

Isabella Curry . I serve Mr. Fredrick as housekeeper, and delivered these things with others to the prisoner, for her to wash; after which, I missed the things mentioned.

Q. Did you see them, or any of them, after?

I. Curry. I did, at justice Welch's (produced in court) these certainly are Mr. Fredrick's property.

Richard Rumbolt . On the 23d of November last, I took in a towel and a napkin of the prisoner at the bar.

Q. What are you?

Rumbolt. I am servant to a pawnbroker. She said they were her own property, and that she bought them second hand.

Robert Baker . I am a pawnbroker; the prisoner pawn'd one napkin with me on the 10th of November, one on the 26th, and two more on the 19th of January.

Q. Where do you live?

Baker. I live with Mr. Reynolds, a pawnbroker, at Little Turn-stile.

Prisoner's Defence.

I was not in my senses when I did it.

Guilty, 10 d.

[Transportation. See summary.]

79. (M.) Sarah Parden , single woman , was indicted for stealing two white dimity pockets, value 6 d. one silk purse, value 2 d. one guinea, two half guineas, three crown pieces, and eleven shillings, in money numbered, one silver thimble, value 6 d. one steel pencil, value 3 d. and one steel corkscrew, value 2 d. the goods of Susanna Morgan , in the dwelling-house of Gilbert Duel , January 19 . +

Susanna Morgan . I lost the things mentioned in the indictment (mentioning them by name) on the 19th of January.

Q. Have you seen any of them since?

S. Morgan. I found part of them on the prisoner the same day. I had recomended her as a servant to my sister, at Lambeth. When she was there she staid out one whole night, and my sister was afraid to take her into the house again; so she came to my apartment, and I let her lie with me on the Thursday and Friday nights. On the Saturday morning she got up, under pretence of going to light my fire in the fore room. I heard her busy with my petticoat, and said, what are you doing. She said, your petticoat is lying on the ground. I bid her put it on my shoulders, which she did. Soon after this I missed her, whereupon I got out of the bed, and saw there was no fire lighted in the fore room. She had left the street and yard doors open. Then I was informed one Ned Perkins and she kept company, so I went to justice Welch, and got a warrant and found her. She had then my purse, pencil, corkscrew and thimble; the thimble was marked, S. M. I asked her what she had done with my money. She said she had bought the cloaths she had on, and other things. I asked her what she had done with her own cloaths, and she said she had thrown them away, fearing I should advertise her in them. I asked her what she had done with my crown pieces. She said she had bought some things of Mr. Day, a pawnbroker, near St. Andrew's church, Holbourn, and had paid them away there. I went thither, and just as I came there, a boy came and said, pray what are these half crowns a piece. Mr. Day's Daughter said they are crown pieces, they are 5 s. and 3 d. a piece. The three crown pieces were lying with their heads uppermost, the coin of king Charles II . I said they were mine, and that one had the date 1679, another 1671, the other 1673, and desired he would keep them separate till produced in a court of justice. He said he would, and he took and looked at them; they were of the dates which I had mentioned. Then I went to justice Welch, and him what I had done. He asked me if I knew more. I said the prisoner had then my pockets which were produced. Mr. Welch sent for Day, saying he should be very glad to see him. Day returned for answer, My compliments to Welch, I am out of his jurisdiction. Then I went to my Lord-mayor, had a warrant sign'd, and took Mr. Day up. When I came to Mr. Welch's, he produced my three crowns and three other crown pieces. I told him I wondered how three crown pieces could breed in another person's pocket, they never did in mine. The six crown pieces were laid down, the heads uppermost, on Mr. Welch's desk, who gave me a strict charge to take mine out as they then lay. I took mine out. Said he, are you sure they are yours. I said I was certain. Said he, look and see whether they answer as to the dates. They were defaced; that of 79, the tail of the 9 was taken out, and made 1670; that of 71, the 1 was taken out; and that of 73, was hard to be discerned. The dates were all fair and plain that day at between eleven and twelve, and when we were before the justice it was between three and four, (The pieces produced and inspected by the court and jury.)

Mr. Day. The prisoner came to my house on the 19th of January. She bought a cardinal for half a guinea, and a pair of stays, a bonnet and a handkerchief. I took of her two crown pieces and a guinea, out of which I gave her change. I received of her in the whole 1 l. 4 s. 6 d.

Q Did you look at the crown pieces when the prosecutrix came to your house?

Day. I did not, and did not know what dates they were.

Q. Do you know any thing of their being altered?

Day. No, I do not.

Q. Did you send for answer to the justice that you was out of his jurisdiction, and would not attend?

Day. I said, I am out of his jurisdiction, notwithstanding that I will go, if you will stay till my wife comes home; the prosecutrix came in a sort of a passion.

Prosecutrix. The prisoner said she had a gown from Mr. Day's that morning, which cost her 8 s.

Day. That is truth, she did, it came to 8 s. and 2 d. She used to pledge things with me, but I had not seen her for five or six months before

Q. Had she ever bought any thing of you before?

Day. No.

Q. Was not you surprised when you saw her produce so much money?

Day. No; I do not ask people how they come by their money.

Prosecutrix. When I asked Mr. Day if he had any other crown pieces in his house, he said he had not.

The Constable. I saw the crown pieces at Mr. Day's house; the dates were fair on them all then, but they were not so when before the justice. The prosecutrix desired Mr. Day to look at the dates of each, which he did, and gave them into the prosecutrix's hand, one by one.

Prisoner's Defence.

She told me she would give me my liberty if I would tell her what I had done with her crown pieces.

For the Prisoner.

Ann Wiliamson . I have known the prisoner some time, and never knew any ill of her; she has very good friends.

Elizabeth Colombine . I have known her seven or eight years; she is a very sober honest girl.

Sarah Saunders . I knew her two years ago; she had a good character.

Guilty, 39 s.

[Transportation. See summary.]

80. Henry Marlin was indicted for stealing sixteen pounds weight of bacon , the property of John Lacy .

To which he pleaded Guilty .

81. (M) John Newman was indicted for stealing one shagreen case with several drawing tools, made of silver, value 5 s. and one shagreen case with several drawing tools, made of brass, value 5 s. the property of William Perrit , January 23 . ++

William Perrit. I am a plaisterer , and lost the two instrument cases with drawing tools, as laid in the indictment I had some reason to suspect the prisoner at the bar (he being my barber's man ) who was used to come in the room where the cases lay, and had been to shave me that morning that they were missing. After missing them, I apply'd to his master, who told me he had absconded. Then I went to justice Welch, got a warrant, and took him up. He produced the case of brass instruments to the constable.

Q. When did you take him up?

Perrit. I took him up on the 25th of January.

Robert Austin . I am a constable. On the 25th of January the prosecutor gave me a warrant to take up the prisoner. I went to his door, and saw him and his wife sitting by the fire; I wrap'd at the door, but they did not open it. I said, why do you not let me in? I saw him make motions to his wife not to let me in. Then I called again for them to open the door, and it was opened. I went in and told him I had a warrant for him, and on what account, and said I hoped he would help Mr. Perrit to his things again, saying, he wanted them for a great while. He said, he never saw them; but at last he said he had them, and sent his wife up stairs, and she brought down the case of brass ones. He denied having the silver ones, till in the coach going to the justice. Then he said he broke the silver ones from the steel, and sold the silver to a silversmith. We sent for the silversmith, and he recollected buying such silver of the prisoner.

Q. to prosecutor. Where did these instruments lay in your house?

Prosecutor. They lay on the cornish over my chimney, in the room where the prisoner used to shave me.

Patrick Roark . I had some pieces of broken silver brought to me by the prisoner at the bar.

Q. When?

Roark. It was about seven weeks ago.

Q. What are you?

Roark I keep a shop at the corner of Hatton Garden. The prisoner asked me if I bought old silver, and shewed me some pieces of silver instruments. I asked him what was his business. He said he was a barber. I said, what use have barbers for compasses? He said, at his leisure hours he was a painter, and drew drafts; but these being of no manner of use to him, he would sell them.

Q. What quantity were there of them?

Roark. To the best of my remembrance they weighed an ounce and four penny weights; but there being some steel on them (for which he allowed six pennyweights) I paid him four shillings and six-pence for the silver.

Q. What sort of silver was it?

Roark. They were handles to compasses.

Prosecutor. My name was engraved on the silver cap to the case.

The prisoner had nothing to say in his defence, but called two witnesses, one of whom had known him three years, the other eight or nine, and both gave him that of a good character.

Guilty, 10 d.

82. (M.) Sarah Clayton , single woman , was indicted for the murder of her female bastard infant, by casting it into a certain pond of water , in the grounds of Samuel Page , Jan. 31 . ++

Henry Webb . I first saw an infant child dead in the pond of Mr. Samuel Page , at Ruslet, on the 30th of January: I was with a team of horses, and went away about my business. I did not see it taken out; it was frozen in with the ice.

Q. Was you examined before the coroner?

Webb. I was.

Q. Do you know the prisoner at the bar?

Webb. I do.

Q. What is her character?

Webb. A very good one; she lived with Mr. Page, and went to live with him last Michaelmas.

Cross Examination.

Q. What time of the day was this?

Webb. It is the fore part of the day.

Q. How far is this pond from Mr. Page's house?

Webb. It was about a dozen poles off.

Mary Groves . I took the child out of the water on the 30th of January.

Q. Was it a male or female child?

M. Groves. A female

Q. Do you live in the neighbourhood?

M. Groves. I do; I never had any suspicion of the prisoner being big before the child was found.

Mary Parrot . As I was going by the road I heard the water in that pond flounce, and saw the prisoner go away from the pond.

Q. When was this?

M. Parrot. This was in January, but I cannot say the day of the month.

Q. Was it the same pond where the child was found?

M. Parrot. It was.

Q. Was it the beginning, or middle, or latter end of January?

M. Parrot. That I cannot say.

Q. Was it dark or light?

M. Parrot. It was some time of the day; it was light, but I cannot tell what time of the day.

Q. Did you see what made that flounce in the water?

M. Parrot. No.

Samuel Page . I know there was a child found in my pond near my house; the prisoner was my servant .

Q. Did you see the child in the pond?

Page. I did, on the 30th of January; it would have floated, had it not been frozen in with the ice. I had occasion on the 31st of December to go into the garret, and looking through where the prisoner lay, I was surprised at seeing a large quantity of blood on the floor. I went down stairs, and told my mother immediately, and said, I was afraid a murder had been committed in the house. She went up stairs, and came down and told me she was afraid so too. I know nothing more than by hear-say.

Q. Is she here?

Page. No; she is a very ancient woman, and it is dangerous to bring her here. After this I perceived the prisoner to grow visibly less.

Q. Are you a married man?

Page. I am, but my wife was not then at home.

Q. Did you suspect the prisoner?

Page. Yes; she had not been in the house a fortnight before we suspected her, and had been with us from the day after Michaelmas, O. S.

Cross Examination.

Q. What character had you with her?

Page. An extreme good one, and she behaved like a good servant.

Q. Whether she did not do her work as usual?

Page. Yes, she went about her work as usual; but I observed an alteration in her countenance.

Q. Did the blood appear to be fresh?

Page. It appeared to be done that night.

Q. to Mrs. Groves. Did the child appear to be fresh thrown into the pond, or to have been there a month?

Mrs. Groves. It bled fresh at the nose.

Q. to Page. Did any body examine under the bed, or in the bed?

Page. My wife did, I believe.

Sarah Page . I was at London the last day of the old year, and when I came home the house was in great confusion, upon the sight of that blood. I asked my mother what was the matter. She said, the old story; that was from the suspicion we had of the girl's being with child. Then my husband ask'd the prisoner if she had been at supper, if not, he bid her to take it, and go to bed. My husband went to bed, that was because my mother should have an opportunity to tell me all about it.

Q. Did she go about her business as usual?

Mrs. Page. She did.

Q. Had you any other servant?

Mrs. Page. No other but a man. Then my mother said she was in hopes it was but a miscarriage; there had been something. The next morning I look'd into the room, and it had been mopped; but I saw streaks of blood down the wall, and on the floor.

Q. What quantity of blood might there appear to be by the marks?

Mrs. Page. There might be a hundred large spots of blood. I look'd on the ground under the window; it was scratched about with a broom, but I saw no blood there, so we were in hopes it was but a miscarriage. We did not care to take the girl's character away; something of that nature there had been to be sure.

Cross Examination.

Q. Had you the girl examined on that?

Mrs. Page. No; we were careful of taking her character away.

Q. Did the girl continue with you?

Mrs. Page. We kept her till the coroner was there. She was a good servant. She dined at our table, and used to say she was as well as ever she was in her life.

The prisoner had nothing to say in her defence, but called the following witnesses.

Hannah West . The prisoner lived servant with me three years; she was a very sober, civil, modest girl, and went from me to Mr. Page's.

Q. Did she appear to be with child at the time she went from you?

H. West. Not as I know of.

Mrs. Taylor. I am a midwife, and by the justice of the peace's order was obliged to search the prisoner after the child was found, on the 2d of February.

Q. If she had had a child about the latter end of December, do you think you should have discovered it?

Mrs. Taylor. I think I should; there were no marks of her ever having a child. I am very sure if she had had a child I should have known it, for I thoroughly searched her.

Acquitted .

83, 84. (M.) Alice Smith , and Susannah Pitford , spinsters , were indicted for stealing one scarlet cloak, value 5 s. the property of Mary Taylor , spinster , January 31 . ++

Mary Taylor. I lost a scarlet cloak on the last day of last month, from out of my master's shop, and found it the same day at Mrs. Buroughs's, by the Maypole in East-Smithfield, a pawnbroker.

Q. Had you seen the prisoners, or either of them, in your master's shop?

M. Taylor. No.

Hannah Buroughs . I keep a pawnbroker's shop. About an hour before the prosecutrix came to my shop, Susannah Pitford had came and pawned this cloak (producing one) to me, in the name of one Fox.

Q. Was Smith with her?

H. Buroughs. No, she was not. I think Pitford said Smith gave it her to pawn, and before the justice Smith owned she gave her a cloak to pawn, but did not say it was this cloak.

John Medows . I believe I have seen this cloak upon Smith's back.

Smith's Defence.

I had a cloak from Margaret Fox , which she lent to me, and I gave it to Pitford to pawn; but I cannot say that is the cloak.

Pitford's Defence.

She desired me to carry a cloak to pawn, which I did for half a crown, brought her a pair of stockings back as she had ordered, and gave her the rest of the money.

Both Acquitted .

85. (M.) Ann Feary , spinster , was indicted for stealing one iron pot, value 1 s. and 6 d. the property of George Gordon , January 17 . ++

George Gordon . On the 16th of January I lost an iron pot; upon inquiring in the neighbourhood a servant of mine informed me he saw it at a broker's shop. (Produced in court, and deposed to.)

Mr. Franklin. I bought this pot of the prisoner at the bar, and the prosecutor came and owned it.

Prisoner's Defence.

I did not steal it; a woman gave it to me to go and sell for her.

Guilty .

[Transportation. See summary.]

86. (M.) Elizabeth Carlisle , spinster , was indicted for stealing one silver watch, value 5 l. the property of William Walley , privately and secretly from his person , February 3 . ++

William Walley . On the 3d of February the prisoner was standing at a door, two doors from Hog-Lane: I was going by, and call'd hip, Moll, and she followed me to the corner of the street, where I put my hands up her petticoats, and her hands were in my breeches.

Q. Are you sure you had your watch at the time you called hip, Moll?

Walley. I am sure I had. About three minutes after I missed it, and pursued her, but could not find her till the Saturday after, when, by searching many publick houses, I found her at the Two-Brewers in St. Giles's.

Q. How did you do to know her?

Walley. By the light of the moon. I am very sure she is the person.

Q. Did you ever see your watch after?

Walley. No.

Q. What is the value of it?

Walley. It is worth five pounds.

Q. Did you know her before?

Walley. No.

Q. Did she confess any thing?

Walley. No.

Q. Did you feel her hand in your pocket?

Walley. No.

Prisoner's Defence.

I never saw the man in my life before he came and took me up.

Acquitted .

87. (M.) William Davis was indicted for stealing a cock, value 2 s. and eleven hens, value 5 s. the property of Frances Biggs , widow , Jan. 31 . ++

Edmund Singer . I live with Mrs. Biggs, who lost some hens and a game cock. We took Davis up, and he owned the taking of the hens, but not the cock.

Q. What number of hens?

Singer. I know there were seven or eight: He owned he took a quantity out, but I don't remember how many.

Q. Where does Mrs. Biggs live?

Singer. At Craven-Hill, near Bayswater, in the parish of Paddington .

Thomas Man . I don't know the name of the place; the prisoner and I took fowls from two places, about four or five miles from London, but I do not know whose houses they were. I saw none but hens that we took, but I do not know how many; we took some from a house that stands by itself in a large field.

Q. Were there half a dozen?

Man. Yes, I am sure of that.

Q. to Singer. Does Mrs. Bigg's house stand so situated?

Singer. It does, and so does the other where the fowls were lost.

Man. I was only at one house, from which we pull'd the tiles off.

Q. to Singer. Was that your house?

Singer. No.

Edward Ayres . I was called from my work to go of a job, to earn a shilling; I went and there were the two soldiers, that is, the prisoner and the last evidence. They had got a wine hamper of about an hundred weight. They ordered me to carry it to Turnmill-Street; there was a shilling left at the bar for my trouble. I pitched at the Flying-Horse, in Tyburn-Road. I saw the wing of a fowl hang out, so I looked in and saw it was full of fowls. I asked the evidence how far they had brought that hamper, he said three or four miles: I asked him where he came from, he said such a place in Yorkshire. I said, what is become of the other soldier that had a game cock in his hand; he said he was gone to Carnaby Market, and would be there as soon as me. I went and carried the hamper to Turnmill-Street, to the house of one Crow, and left it there; that is all I know.

Q. to Singer. Did you charge the prisoner before the justice with taking these fowls?

Singer. I did, upon Man's evidence, and the prisoner owned it, and said he took them out of the hen house.

William Crow . There was a hamper brought to our house; William Davis came and took what was in it, it was emptied when I saw it. I imagine there had been fowls in it.

Susannah Crow . I was at home when the porter and Thomas Man brought the hamper. Thomas Man said, let me leave this hamper here till I go to the Two Brewers, in St. Giles's, to fetch my comrade, William Davis ; he went away, and they came again, but I never saw the hamper opened.

Prisoner's Defence.

I was in company with Man, at the Two Brewers, near St. Giles's-Church. We were both in liquor; he asked me to take a walk into the country. I went with him, but did not know where we were going; neither do I know of any thing which he brought home. I have been a soldier thirteen years, and never was in confinement in my life.

Guilty .

[There was another indictment against him for a crime of the same sort.]

[Transportation. See summary.]

88. (M.) Simon Webb was indicted for stealing one silver watch, value 10 s. the property of persons unknown, February 23 . ++

Benjamin Veals . I am constable of the parish of Marybone, and the prisoner is servant to Mr. Marsh, a butcher ; his master came to me and told me the prisoner had got a watch which he thought he could not come honestly by. I went, and charged him about it, he was fuddled. Then he said his grandfather gave it him. We put him in the round-house, till he was sober, and the next day he said his master sent him to Esq; Calderwood's, in Great Portland-Street; that he there saw a watch lying upon a table, and went in and took it away. I went there and examined the servants, but none of the family knew of any watch being lost there. Justice Wright, before whom we carried him, went also, and could not find any watch lost.

Mr. Marsh. I am the prisoner's master, I sent him to Esq; Calderwood's to see if any thing was wanted, as I serve the family. He returned in liquor, with this watch. First he said he had it from his grand father, after that, when sober, he said he had it from out of Esq; Calderwood's parlour, from off a table; I went, but found no-body there had lost a watch; since he says he found the watch. He has lived with me about eight months. He is a sober, careful lad; he has taken money for me, I never could find that he ever wronged me of a farthing. He is of a poor family in the country. I should not scruple to take him again.

Thomas Meres . I am a butcher in the same market. I heard the prisoner say he stood in the passage near Esq; Calderwood's, the door was open and he saw the watch laying on a table in the parlour, so went in and took it.

Prisoner's Defence.

I found this watch in Cavendish-Square.

For the Prisoner.

Richard Fletcher . I was down in Gloucestershire, this lad then had lately had the small pox; his father is a poor man, and has got a large family. He desired I would get this lad a place, I came up and recommended him to Mr. Marsh, who was willing to have him, so I sent a letter for him to come up, and I never heard but that he has behaved exceeding well.

Acquitted , the jury being of opinion he found the watch.

89. (M) Alice Clark , widow , was indicted for stealing one pair of linen sheets, val. 3 s. and one linen shift, val. 2 s. the goods of James Murry , February 9 . ++

Mrs. Murry. My husband's name is James Murry . I lost a pair of sheets and a shift, from off my line in the yard.

Q. Where did you find them?

Mrs. Murry. I found them on the prisoner. I was told she was just gone out of my yard, so I went and took her with the things in her lap.

Ann Goodwin . I met the prisoner with something in her lap, coming out of the prosecutor's entry; I told Mrs. Murry, and we pursued and took her with the things upon her.

Prisoner's Defence.

I know nothing of what she charges me with; I have no witnesses but the Great God and your Lordship.

Guilty .

[Transportation. See summary.]

90. Elizabeth Green , spinster , was indicted for stealing one copper tea kettle, value 6 d. one linen sheet, value 6 d. and three blankets, value 1 s. the property of Robert Ashton , out of her ready furnished lodgings .

No evidence appearing, she was Acquitted .

91. (M.) Thomas Smith was indicted for stealing 120 halfpence, value 5 s. the property of John Gaul , February 25 . ++

John Gaul . I lost some halfpence, and there was nobody near but the prisoner, who was in the next room; he is an apprentice to a rugmaker , his master was then at our house; the halfpence were in my bar in a wooden dish (I keep a publick house ) I do not know who took them, but we have found such a quantity, which the prisoner confessed he took, (produced in court.) He said he took them by the persuasion of a woman.

Q How many did he confess he took?

Gaul. I charged him with taking some, and he said he had, but did not name what number.

Daniel Cook . I am the boy's master; the boy confessed he took about three shillings worth of half-pence, and that they were lodged at the next door.

Q. How old is he?

Cook. He is about sixteen years of age; he has been with me about three years, and always behaved well before.

Guilty .

[Transportation. See summary.]

92, 93. (M.) Margaret Murphy and Daniel Dailey were indicted for stealing 36 pounds weight sugar , the property of John and Thomas Mills , February 25 . ++

John Grayerson . I am headborough of the precinct of St. Catherine's. I met with the woman at the bar near our watch-house, and I saw she had got something. I took her to the watch house, and there I found 26 pounds weight of sugar. We took her before justice Scott, where she said she bought it of a man in trowsers, like a sailor.

Q. What do you know of the other prisoner?

Grayerson. He came to give her a character, and offered money if we would let her go.

Samuel Wood . I am a wharsinger, and had many hogsheads of sugar under the care of Dailey. I paid him a guinea a week. On the Monday morning a servant of mine came and told me a woman had been stop'd by the watchman in St. Catherine's, with some sugar upon her, and that she had sent to my watchman Dailey, who had offered them a guinea to let her go, and that she was at liberty, and my watchman had absconded. The woman used to come to bring him clean linen, so I knew her before. I found her, and she told me the same as has been mentioned, that she bought it of a sailor on Tower-Hill. I went and found that a hogshead of sugar under his care had been plundered, which was of the same sort. On weighing it, I missed forty-five pounds.

Q. Whose property was it?

Wood. It was the property of John and Thomas Mills . I took the man at the bar, and he had a drawn hanger at the time, which I thought was a little suspicious.

Murply's Defence.

I bought the sugar of a sailor.

Dailey's Defence.

I never wrong'd my master in my life.

For Murply.

Eleanor Dennis . I have known Murphy about half a year, and never heard any thing ill of her.

Both Guilty .

[Transportation. See summary.]

94. Laurence Adams was indicted for stealing one silver watch, value 30 s. the property of Josiah Mascard , November 7 .

No evidence appearing, he was Acquitted .

95. (M.) Jane Burnish , single woman , was indicted for stealing a silver watch, value 20 s. the property of James Wills , privately from his person , January 29 . ++

James Wills . I met the prisoner in Ratcliff-highway, I believe on the 28th of January, betwixt ten and eleven at night.

Q. Who spoke first?

Wills. I believe I did. I think I said, my dear, what do you stand here for?

Q. Was you sober?

Wills. I was a little in liquor. Our conversation was immodest, and we went into the house of Ann More , on Saltpetre bank .

Q. How long did you stay there?

Wills. About a quarter of an hour.

Q. Did you go to bed together?

Wills. No, upon a bed.

Q. Had you your watch about you at that time?

Wills. I had. I looked at it when it was past ten o'clock. I neither stop'd nor staid, nor spoke to any body till I met with her.

Q. Had you any liquor at this house?

Wills. Only a pint of beer. She came out at the door along with me, where we parted. It could not be a minute before I missed my watch, and I returned directly.

Q. Did you ever see your watch again?

Wills. I took the prisoner up on the Thursday following; the watch was found, and is now in the officer's hands. I carried her before justice Bury, but she denied it; the justice committed her, and advised me to take a warrant against Mrs. More, whose house we were in. I did, and soon found where my watch was, by one Mrs. Kenady. The watch was pawn'd to one Mr. Ellise, a pawnbroker, and the officer went there and brought it.

Q. What is his name?

Wills. His name is Readbourn.

Readbourn. (He produces the watch.) This has been in my custody ever since the prisoner was taken up.

Elizabeth Thompson . I pawn'd this watch, and had it of the man who bought it, a sea-faring man.

Q. When did you first see this watch?

E. Thompson. The man is a shipmate of my son's, and is gone to Jamaica with the fleet. I pawn'd it at Ellise's.

Q. What did you do with the money?

E. Thompson. He owed me money, therefore I kept it.

Thomas Ellise . I am a pawnbroker; I saw such a watch as this, which Thompson brought and pawn'd to me, the day the prisoner was taken up.

Prisoner's Defence.

I found this watch upon the bed on a Sunday night, when I was making it. Mrs. Thompson said it was worth no more than ten shillings, and gave me ten shillings for it; please to examine her again.

Q. to E. Thompson. Did you buy this watch of the prisoner?

E. Thompson. I never saw her have a watch in my life.

Guilty of stealing, but not privately from his person .

96 (M.) Catherine Beard , widow , was indicted for stealing one guinea , the money of Charles Day , Jan. 26 . *

Ann Day. My husband's name is Charles. We keep a publick house . called the Crown and Sieve, in Clare market . Mr. Masckall, a bricklayer, pays his men at our house every Saturday night. I had told him out thirty-six shillings, and then he wanted silver for a guinea more. He laid down his guinea on the bar, and walked towards the fire. I said to him, this is a very plain guinea; his answer was, it is a very good one My husband then knock'd for me to come down stairs. Then Catherine Beard came in for half a guinea in silver, and I said I would change her none, because she had brought me no silver all the week. [She used to bring me silver for gold.] Then she said, if you will give me silver for this half guinea, you shall have all the silver I take next week, so I said I would change it. She took the guinea that Mr. Masckall had laid upon the bar.

Q. Did you see her take it?

A. Day. I did, and saw her put it to her bosom. I said, don't play the fool, you have got the guinea, give it me. She said, Geago.

Q. What did she mean by that?

A. Day. I don't know the meaning of the word. Then she walked towards the fire-place, and I insisted on searching her for the guinea. She would not be searched, but hit me on the breast, and I let her go. She got to the door, and broke the pully of it to get away. After she was gone we fetch'd a warrant for her. She staid away for about half an hour, when she came in again, and desired we would search her.

Q. When was this?

A. Day. This was on Saturday the 26th of January, about eight at night.

Q. from prisoner. Did not you ask Mr. Masckall for the guinea?

A. Day. No, I did not

Ann Pool. I was sitting by the fire in Mrs. Day's house, when the prisoner at the bar came in, and asked Mrs. Day for half a guinea in silver. I turn'd my head round, and saw her hand on the bar. The prisoner ran to the fire, and said Geago. After that she broke the pully of the door, and away she went. I might say Geago too.

Q. What is the meaning of that word?

A. Pool. I don't know.

Sarah Higinbottom . I went into Mrs. Day's house for a pennyworth of beer. Mr. Masckall laid down a guinea on the bar, and Mrs. Day said it was a plain one. After that, Mrs. Day said, Mrs. Beard, you have got my guinea. Mrs Beard ran out at the door and broke the pully of it.

Nicholas Masckall . I am a bricklayer. About eight at night on the 26th of January, I was paying my father's men, and wanting a guinea in silver, I went to the bar, and laid down a guinea. Mrs. Day looked at in and said it was a very plain one. I said it was a very good one, and went to the fireside. The prisoner came in for half a guinea worth of silver, and Mrs. Day said she would not or could not give her any. Presently Mrs. Day said to her, you have got my guinea, and insisted on her being searched, but she ran to the door, broke the pully, and went out.

Q. Did you see her take the guinea?

Masckall. No, I did not. After we were gone to the justice's, I was told she came in again, and wanted to be searched.

Q. from prisoner Whether Mrs. Day did not go to you and say, Mr Masckall, where is my guinea, when you said you gave it her, and said you did not?

Masckall. She might say I did not give it her, but I can't recollect it; if she did, I know she owned that I gave it her.

Mr. Shipley. I am a constable. When prisoner in charge, I heard her offer to pay half a guinea down, and 18 d. a week till the remainder of the money was paid.

Prisoner's Defence.

I never saw the guinea, Mrs. Day charged Mr. Masckall with having it, and I never offered to give her half a guinea, or any money at all.

For the prisoner.

George Foster . On a Saturday we were ordered to be paid at Mr. Day's house.

Q. What are you?

Foster. I have work'd for Mr. Masckall five years. We sat down, and drank beer and hot. My master came in about a quarter of an hour after us, and asked for change for a guinea, but whether he carried any money or not to Mrs. Day, I know not; I suppose it was for change to pay us, there being four or five of us to be paid. My master then turned his back to the bar. Mrs. Day went to call her husband, as I suppose; but the case was this, she went back again into the bar, and said she missed a guinea, and said, Mr. Masckall, you have not given me the guinea. Yes, said he, I did. Another man said he saw Mrs. Day take it up. Then she said, d - n her blood, he never gave her the guinea, search me; it was not found. Then she went directly, and said this old woman (which was the prisoner) had got the guinea. Said the prisoner, I know nothing of it, I wish you would give me change for half a guinea, for I have a customer at my stall. The prisoner went and sat down by the fire for the space of four or five minutes. After that Mrs. Day swore, G - d d - n you, you have got my guinea, and I will swear you took it up; that is all I have to say.

James Rolfe . I work for Mr. Masckall, and we went there to be paid. There being words about a guinea, I said to my master, I wish you would pay us as soon as you can. As I was going away the prisoner came in, and said she wanted change for half a guinea. Mrs. Day said, you brought me no silver last week. Then the prisoner said she would bring her all the silver she could the next week. Then Mrs. Day said, Mr. Masckall, you did not give me the guinea. I did, said he. You did not, and I'll swear it, said she. Then she turn'd herself round, and said to this woman at the bar, you have taken the guinea, if you have don't fright me; the prisoner said I have not I declare.

- Randall. I saw the prisoner come into the house in the first place, and ask for change for half a guinea. The other said she would not let her have any, went from out of the bar to the stairs, which are facing the bar, turned back again, and said she missed a guinea, which is all that I have got to say.

Acquitted .

97. (M.) John Ambery was indicted for that he unlawfully, knowingly, and designedly, by false pretences, did obtain from Charles Vere eight china punch bowls, 24 china coffee cups, six china tea cups, six china saucers, six china plates, and six wine glasses, with an intent to defraud and cheat the said Charles Vere of the said goods, to the amount of 3 l. 13 s. his property , Dec. 12 . ++

Charles Vere . I keep a china shop at the corner of Salisbury Court, Fleet Street . The prisoner came to my house, about five in the evening, on the 12th of December last, and asked to see some china punch bowls, and said that he had taken a coffee-house in the neighbourhood (he appeared dressed like a gentleman) and that he chose to lay out his money with his neighbours. After he had made choice of some china and wine glasses, he wanted to have a bill made out, and said, I beg you will make me a bill of parcels of the whole, for my name is ready money, which he said over and over. I asked him where he lived, and he said he had taken the Apollo coffee-house, in Apollo Court, near Temple Bar. I asked him his name. He said, my name is John Ambery . Then I wrote the bill. He look'd over it, and said it is very right, please to put a receipt to it, I hope you have charged me at the lowest, send them to the coffee-house, for I shall be at home, and I will pay the servent that brings them, and then went away. I called my servant, James Amson , and bid him carry those things to the Apollo coffee house, and told him that the person who had bought these goods had a very good appearance, but I don't like the situation of the house, so bring the money or the goods again. He put the things into a basket, and in about half an hour's time carried them there: He is in court, and can best tell what was done afterwards.

Q. Was it proposed, betwixt the prisoner and you, that you should trust him?

Vere. No, no; he said his name was ready money, that he had laid out near 400 l. in coming into the house, and that he chose to lay out his money with his neighbours. At first he proposed to pay me in my shop, but at last said he should pay the person that brought them, and that he was going home about some business; the agreement was that of ready money for the goods.

Q. from prisoner. Did you send the china at once or twice?

Vere. The whole of what he bargain'd for then was sent immediately; but afterwards there were other goods sent, which came to 5 s. 6 d. which my servant can give an account of, when he comes to be examined.

Q. Tell the court what you know of your own knowledge.

Vere. My servant came back without either money or goods. I then imagined I was trick'd out of them. My servant told me the prisoner's wife order'd him to carry half a dozen china plates about ten o'clock next morning, and then he should be paid for the whole. I sent him with them, and gave him strict orders not to leave them without the money, as he had done the others; but he came back without the money or plates. As he will tell the court what passed there, it will be needless to relate what account he gave me at his return.

Q. What did the first parcel which he bought in your shop come to?

Vere. It came to 3 l. 7 s. 6 d.

James Amson . I am servant to Mr. Vere, and carried some goods by my master's order to the prisoner's house in Apollo-Court.

Q. What goods?

Amson. There were eight china bowls and several other things, I can't say exactly what quantity; my master order'd me not to leave them without the money, and I said I would not.

Q. Who put them into the basket?

Amson. I did.

Prisoner. I admit the receiving the goods.

Amson. When I came to the prisoner's house I saw him there, I had the bill of parcels and a receipt upon it. The prisoner said, Well, my lad, what have you got? I told him I had brought the china. He said, Well, my lad, set it out, and I will call my wife down. I set it out, and then he asked me to drink a glass of rum or something. I drank a glass and he another, and then he forced another upon me. Said he, See how my vessels are tumbled about, but I have seen better days; it has cost me 400 l. coming in here. Then his wife came down, and said she liked the china very well. I gave him the bill and he read it over, and she took some of the things away. Then he called for a bottle of wine, and asked me if I would drink again. I refused it, but he swore I should. He then called for a pair of scissars, the boy brought them, and he was going to cut the receipt from the bill, when I asked him what he meant by doing so. Said he, you must go home, and fetch half a dozen china plates, and then I will pay you for the whole.

Q. to prosecutor. Did the prisoner bespeak any china plates of you?

Prosecutor. No; but he said he should want some other china soon.

Amson. I told him I was ordered not to leave the goods without the money, but he said, several times over,

"Go your way, and bring the plates." I told him I must either have the money or the goods, and then we got to high words. After I had been there almost an hour he said,

"The goods are deliver'd,

"you can't touch the goods, the goods are mine,

"you may go and tell your master that they are

"mine."

Q. Did he cut off the receipt?

Amson. No, I would not let him do that, I prevented him; I said I must either have the goods or the money, I will stay with you till I have one of them. When he found I would not go out of the house, he laughed at me, and said, I should have neither; he asked me if I would drink again, and called for more wine, but I would not drink any. He swore I should have neither money nor goods. His wife came down stairs, and said, you must not mind my husband, he is in liquor, come to me in the morning, and bring half a dozen plates about ten o'clock, and you shall have the money for all. Then I went home, and told my master what had happened. My master sent me in the morning, but ordered me to be careful that I was not tricked out of the plates, and not to leave them as I had done the rest. I went, and when I was at the door, there came a strange woman, who said, my mistress is upstairs, I will take them up to her, and she will come down and pay you. I delivered them to her, and she carried them up. Then the mistress came down, and said, my husband is gone out with two countrymen, to buy some goods, and I expect him to be in every minute. I staid there a good while, till after eleven o'clock, and he not coming, I asked her to let me have the goods again. She said, there was nothing but what her husband had ordered, and I should not touch any thing. Then I asked her to let me have the plates again. She said, it was all by her husband's order, and I should not touch any thing. I came away, and went again two or three times that day, but never could see him.

Q. from prisoner. Was not you offered some money?

Amson. No, I was not.

Q. from prisoner. Did I not order you to bring half a dozen plates the next morning, and say you should have the money?

Amson. Yes, he did tell me so; but I carried the plates the next morning by his wife's order.

Q. from prisoner. Did you deliver my wife a bill?

Amson. I was ready to deliver one, if she would have paid me.

Prisoner's Defence.

This evidence said his master had transported one man for such a fact, and I should be transported, right or wrong. He would not deliver the bill to my wife, and she could not pay him till he did.

For the Prisoner:

Amy Pinborn . I was upstairs at Mr. Ambery's house when half a dozen plates were brought up by a woman to my mistress, who went and took out money, both gold and silver, and went down stairs. I heard her say, here, if you'll give me your bill and receipt, I will pay you, but he would not; they had several words, but what they were, I do not know.

Q. Are you certain you heard the words you have mentioned?

A. Pinborn. I am sure I did. I am positive she said, if you will give me the bill and receipt, I will pay you the money.

Q. Did you see the man?

A. Pinborn. I did.

Q. Is this the man that gave evidence last?

A. Pinborn. I do think it is the same man, to the best of my knowledge.

Q. to Amson. Did you see this woman there?

Amson. I never saw her in my life before, to my knowledge.

Q. Are you certain you did not see her in Ambery's house?

Amson. I am certain I never did.

Q. to A. Pinborn. Will you be positive as to this man?

A. Pinborn. I will not be positive, but I think he is the man.

Court Look at him once more.

A. Pinborn. I do think it is the same.

Q. Will you swear what was the reason the man would not take the money; here is a man that had delivered goods the night before, and he came with a fresh order; he has delivered them, and the mistress comes down stairs, and offers to pay him the money, but he would not take it.

A. Pinborn. She would not pay him without the receipt and the bill, and he would not give it to her; I did not stay to listen to what was said, for they had a great argument.

Q. Did he, at that time, say whether he had the bill and receipt about him or not?

A. Pinborn. I have no more to say; I heard no more.

Q. How came you below?

A. Pinborn. I came down to look after her; I lived there till there were people in possession of the house. Then my mistress said she had no occasion for me.

Q. to Amson. Was there any discourse between the prisoner's wife and you about the bill and receipt?

Amson. No, there was not; she never mention'd the bill and receipt to me that morning.

Guilty .

See No. 44, in Sir Charles Asgill's mayoralty.

[Transportation. See summary.]

98, 99. (L.) John Guest , and Thomas Smith , were indicted for that they, on the 2d of February , about the hour of five in the night of the same day, the dwelling house of William Howes did break and enter, and steal out from thence thirty pair of silver shoe-buckles, value 16 l. six pair of knee buckles, value 24 s. and four silver stock buckles, value 10 s. the goods of the said William, *

Smith pleaded guilty , and was taken from the bar.

William Howes . I am a silver-smith , and live in Fleet Street, between the two Temple gates, facing Chancery Lane . About five in the morning, on the 2d of this instant, I heard a noise in my house. When I came down, I found the window shutter of my shop was taken down, and I saw a hand picking out my buckles at the end of the window.

Q. Was it light or dark?

Howes. It was very moon-light.

Q. Was your shop secure at going to bed?

Howes. It was bar'd up with an iron bar, and a staple; the end shutter goes in first, and they are key'd secure with a bar; but, upon examining it, they had bent the bar into a triangle, just enough to clear the end shutter, which they had taken down and carried three or four doors off, where I found it. I had no opportunity of laying hold of the hand, the window being glased on the inside as well as without. I called up to my wife, and desired her to open the dining-room window, and call the watch, which she did. She told me she saw a man run away up Chancery Lane. When I came to look over my things, I found I had lost more than I have laid in the indictment, but am sure I lost what are laid. The loss of the whole is to the amount of twenty guineas. I advertised it in the Monday's paper, with a reward of five guineas.

Q. Where was the watch at that time?

Howes. That was the first morning of the watch going off sooner than usual for the winter, so they were just gone off. On the Monday there came a messenger from Mr. Welch, and desired I would step to him, for they apprehended they had got the man that rob'd my shop. I went, and there was the prisoner Guest, whom they had searched before I came: I was shewed some silver buckles broke all to pieces, so that it was impossible to know how many pair there were; but I saw by the marks and patterns that they were mine. I have some odd buckles, which they left behind, that are fellows to some of them. (Producing some.) There Guest acknowledged he had been concerned with one Smith in several robberies besides mine: He also declared in what manner he opened my shop, and told us where he had sold some of my buckles, upon which the justice sent a search warrant. I went there (it was to one Mrs. Montgomery's) and found some of my buckles. After I was come home, I had another messenger from Houndsditch, from Mr. Thomas Smith : I went there, and he had taken the prisoner Smith, who has confessed the indictment, in offering some of my buckles to sale.

Q. Is your shop part of your dwelling house?

Howes. It is.

Joseph Gofton . The prisoner Guest came to offer a coat to sell at my master's, a salesman, in Monmouth Street. We heard that Mr. Lee had had his house broke open, and lost an alapeen coat; the prisoner offered such a one, and asked nine shillings for it. I asked him how long he had had it. He said it had been in pawn nine months, and that it was made for him; I observed it was not near big enough for him. I took hold of him, sent for Mr. Lee, and kept him in our shop till Mr. Lee came. Then we took him before justice Welch. I finding he had something in one of his pockets, felt in it, and found some chases of buckles, and the constable took out some broken silver buckles from another pocket. Then I told him he had broke the gentleman's shop open in Fleet Street, which I had seen in the Advertiser. He acknowledged he did break it open, in company with one Smith. Then the justice sent for Mr. Howes, who came, and we found the very same marks on the buckles as he had advertised; he swore to them. We found in the prisoner's pocket such a tool as the brewers coopers make use of to take out the bungs of their vessels. The prisoner said they used that first to bore with, then they took down a shutter, and he put on his glove and broke a pane of glass.

Mrs. Montgomery. I am a silversmith, and live in Cambridge Street. I bought some buckles, broke all to pieces, of the prisoner at the bar, I did not know whether they were new or old; there were about four ounces of them.

Q. What did you give for them?

Mrs. Montgomery. I gave 19 s. for them.

Prisoner's Defence.

Thomas Smith broke the shop open, but indeed I was with him. The watch went off at five, and it was six o'clock when we did it. The justice told me he would admit me an evidence, if I would tell all.

Guilty , Death .

They were a second time indicted for burglariously breaking and entering the dwelling-house of Sarah Stafford , and stealing from thence two linen shirts, value 4 s. nine handkerchiefs, and one piece of Irish linen , the goods of the said Sarah, Jan. 23 . and Mary Middleton , not yet taken, for receiving the same, knowing them to have been stolen.

To which Smith and Guest pleaded guilty , Death .

There were two other indictments against Guest and Smith, and also many detainers lodged against them upon the kalendar.

100. (M.) Margaret Maguire , single woman , was indicted for stealing one copper pan, commonly called a preserving pan, value 3 s. the property of John Mullings , February 25 . +

John Mullings . I live in Hog-Lane . On Friday last my wife was within side my shop, and seeing the prisoner take a preserving pan from my shop window, she called to me; I was backwards. My wife pursued, and before I could get up to them the prisoner delivered the pan to my wife. She said she was going to shew it to a person.

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

Mullings. I did, and saw her deliver it to my wife.

Q. How far had she carried it?

Mullings. She had carried it about thirty yards.

Q. What are you?

Mullings. I am a smith. The pan was my property: I had seen it not ten minutes before.

Prisoner's Defence.

I did not take it; he saw nothing at all of it: I never stole a pin's point in my life. I leave it to the jury, and to your honour: I am a poor Irish-woman.

Guilty .

[Transportation. See summary.]

101. (M.) Mary, wife of Thomas Stevens , otherwise Mary Burch , was indicted for stealing one silver marrow spoon, four silver tea spoons, one silver table spoon, one silver porringer, three pair of linen sheets, one tablecloth, and five napkins , the goods of Harry Pollard , January 18 . ++

Harry Pollard . The woman that was taken up first died two or three days ago, her name was Mary Chambers . She had gone on trust to my butcher, and several trades people. She was my servant, and the prisoner was not, but was a naughty hanger on, and was often in my house unknown to me.

Q. What are you?

Pollard. I am clerk to the Clothworkers company. When I was examining Chambers, the prisoner came down in a great fury, and said she would discover every thing. She began and told me Chambers had carried out things herself, and that she had carried things to two or three pawnbrokers for her out of my house, and told me where the pawnbrokers lived. She said she brought all the money to Chambers, and Chambers never gave her but one six-pence.

Q. Did she say she at that time knew them to be your goods?

Pollard. I can't say that.

Q. When did she say they were carried out?

Pollard. That I don't know.

Q. Was the prisoner trusted by you with any of your goods?

Pollard. No; I always, when I have seen her, bid her go about her business, and told her she had no business at my house.

John Biggs . I was at Mr. Pollard's on the 18th of January last. The prisoner came down stairs, and said she had carried a great many things out to pawn. I asked her what they were. She told me a silver porringer, for two guineas; two pair of sheets, for 14 s. two tea-spoons, for 2 s. a tablecloth and five napkins, and another pair of sheets, which she pawned in the name of Mary Burch . She mentioned all the things, except the marrow spoon, which Chambers own'd she pawn'd. The prisoner went along with me to the pawnbrokers, where she own'd the pawning of them.

Thomas Grant . I am the upper beadle of the Clothworkers company. Mr. Biggs, the prisoner at the bar, and I, went to the pawnbrokers on the 21st of January; at one pawnbroker's we found a porringer, two pair of sheets, and a table spoon, in the name of Burch; then we went to another, and then to a third, and found the rest of the things. She owned to Mr. Biggs and myself, that she took them out of the house as Mary Chambers had given them to her, and pawn'd them.

Q. Did she say whose goods they were?

Grant. Yes, she did, in Mr. Pollard's parlour; she said she knew they were Mr. Pollard's (the goods produced in court.)

Mr. Pollard. I can only speak as to the plate; there is I.P.S. on the porringer, and the tea spoons are mark'd with P.

Prisoner's Defence.

Chambers said they were her own, and I did not know to the contrary till some time after I had carried them, when I went to Mrs. Chambers, and told her, if she did not help me to money to fetch them again, she would not only bring herself into trouble but me too. She said, I should come into no trouble about it. I told her, that if she would not give me money to pay for the things, I would tell her master; and I did mention every thing. I never had a halfpenny of Chambers for carrying them, I never saw them, they were tied up.

For the Prisoner.

Elizabeth Beard . Mary Chambers said the goods were her own. I was going home with my work, and the prisoner along with me, when we met Chambers in Falcon Court, on the other side of the water; she said to Stevens, I am going to your house, I want you to do an errand for me, seeming very unwilling (as I was a stranger) that I should know what her business was; Stevens said to her, you may speak before this woman, for I am not afraid of her; then she pulled out a silver tea kettle and stand, and desired her to carry them; Stevens said, I am afraid to carry them, and Chambers said you need not, for they are my own.

Q. Did you ever know her to pawn any other things?

E. Beard. No, she is a very honest woman; we lived together in one apartment.

Nathaniel Jones . I have known her ten years, or better, and never heard any thing but a good character of her.

William Hoskins . I have known her about six or seven years; she is a very honest woman, and has three or four small children to bring up.

Thomas Foldin . I have known her ten or twelve years, and never knew any thing of her but that she was a very honest sober woman.

Sarah Selby . I have known her above a dozen years: She lived next door to me, and bore a very good character, and has endeavour'd hard for four children.

Acquitted .

102. (M.) Walter Marsh was indicted for stealing six silver tea spoons, value 6 s. one copper pot, value 1 s. one large drinking glass, value 1 s. three table knives, value 1 s. and three table forks, value 1 s. the goods of James Beete , Jan. 25 . +

James Beete . About September last the prisoner was an assistant in my garden , in cutting the trees. I had one evening missed six silver tea-spoons, and some other odd things. On the 24th of January last I had information that the prisoner had these things on his premisses. I went and got a search warrant of justice Welch, which I put in execution, and found the things mentioned in the indictment in his house. [Produced in court, and deposed to.]

Q. Where did he live?

Beete. He has a little house at Hampstead.

John Taylor . I am a constable, and found these things here produced in the prisoner's house; he said he found them on Mr. Beete's premisses.

Beete. The prisoner is a very active, industrious servant.

Prisoner's Defence.

I found these things on Mr. Beete's premisses.

Guilty, 10 d.

[Transportation. See summary.]

103. (M.) Ann, wife of Thomas Hewet , was indicted for stealing one silver watch, value 40 s. the property of Robert Randall , privately and secretly from his person , Dec. 3 . ++

Robert Randall . I was going out to get my supper about nine o'clock at night.

Q. What are you?

Randall. I am a servant to Mr. Wells in Piccadilly, who is a painter and glasier. The small-pox was in our family, and I never had it, so I had my victuals out of the house. I had my watch in my pocket, and the prisoner at the bar came and sat down by me when I was in the publick house.

Q. Where was this?

Randall. At the George in Piccadilly.

Q. Did you work in your master's house, and go out to eat your victuals?

Randall. No, I was at work in the Strand. After I went out of the publick house the prisoner at the bar followed me, and desired me to go along with her.

Q. To go where?

Randall. I do not know the name of the place, but she carried me up a court.

Q. What happened there?

Randall. Nothing at all.

Q. Did any thing happen to your watch?

Randall. Yes, the prisoner took it out of my pocket, and ran away directly.

Q. When was she taken?

Randall. I never set eyes on her till about a month afterwards, when she came into the neighbourhood again.

Q. How old are you?

Randall. I am nineteen years old.

Q. What conversation past between you in the court?

Randall. She asked me whether I would give her any thing to go with her. I told her I had nothing to give her. I took her before justice Cox, and gave the same account to him as I do here. She would not own that she knew any thing of my watch or me either. but when she was going to Bridewell she confessed to the constable she had taken my watch, told where she had pawned it, and it was found accordingly.

John Fear . There came a boy to me, and said, there was a woman that was a thief, at such a house.

Q. Was it this lad, the prosecutor?

Fear. No, it was another lad. I said you must get a warrant to take her. He said she would be gone away before they could get one. I went with him to the Castle, in Swallow-Street, took the prisoner in custody, put her into the watch-house, and in the morning I carried her before justice Cox, who committed her to hard labour for ten days in Bridewell. The prisoner said, I had rather go to Newgate than to Bridewell, for they lie there on boards; and as we were going together in the coach, she said that this lad was going to be concerned with her, that he had no money, but gave her his handkerchief, and that she pretended somebody was coming, whip'd out his watch and ran away with it, and told me she had pawn'd it for 30 s. at a house behind the New-Church in the Strand, but could not tell the people's name. I went and told the boy's master of it, who went with me to justice Cox, and from thence to the pawnbroker's, and there found the watch, pawn'd in the name of Thomas and Ann Hewet , as she had said; the boy had before described it.

Q. How did he describe it?

Fear. He said it had a copper pendant; it was pawn'd, as she had said, for 30 s

John Fryers . I am a pawnbroker. On the 4th of December last the prisoner at the bar pledged a watch with me for 30 s. (Produced in court.)

Prosecutor. This is my watch, and the same I lost, as I have mentioned.

Prisoner's Defence.

I know nothing at all about the affair.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

104. (M.) Alice Jones , spinster , was indicted for stealing three ounces of silk, value 2 s. one linen shirt, value 4 s. three yards of cotton, value 3 s. one yard of lace, value 2 s. three quarters of a yard of linen cloth, value 1 s. and three yards of blond lace, value 4 s. the goods of Simon Mackensie , Jan. 23 . ++

Simon Mackensie . I lost the goods laid in the indictment, mentioning them by name.

Q. Where do you live?

Mackensie. I live in Broad Street.

Q. When did you lose these things?

Mackensie. In the month of January. They were missing when the prisoner was our servant ; but when she was gone away we had information of her having some of my things. I went and got a warrant, searched her lodgings, and found the goods mentioned.

Q. What are you?

Mackensie. I am a haberdasher . I charged the prisoner with having taken the things from me, and she confessed she did.

Q. Did she say from what part of your house she had taken them?

Mackensie. She said she had taken them from out of a box in the two pair of stairs room. We took her before justice Fielding, and he committed her. The constable has got the goods, but he is not here.

Q. What is his name?

Mackensie. His name is Michael Saunders .

Mary Riley . I live in Market Street, St. James's Market. I had recommended the prisoner to Mr. Mackensie, and found afterwards she was not worthy the character I had given her. She being in custody for some other offence, I went and informed the prosecutor, that if she had wrong'd him, he might know where to find her. He took out a search warrant, and got a constable. I went with them to her mother's house, where she lodged, and found the things in a box mentioned in the indictment.

Q. Do you know whose box it was?

M. Riley. The prisoner had the key of it in her pocket. She took up first one thing, then another, and said, this is your's, and this is your's, acknowledging them to be Mr. Mackensie's property.

Q. Was you before Mr. Fielding?

M. Riley. I was.

Q. What past there?

M. Riley. I do not recollect what past there.

Q. to prosecutor. Did you make the prisoner any promise of pardon, on condition of her confessing?

Prosecutor. No, I did not.

Michael Saunders the constable was called upon his recognizance, but did not appear.

Prisoner's Defence.

A young woman, an acquaintance of mine, sat up with me to wash and iron, and I went to lodge with her in the same house, but not in the same room. She desired she might be paid for the box before it was broke open. If I had known of these things being there, I had time enough to have made away with them, as Mrs. Riley said she would be as great an enemy to me, as she had been a friend.

Guilty .

[There was another indictment against her.]

[Transportation. See summary.]

105, 106. (M.) Rachael Davis , widow , and Mary, wife of John Durning , were indicted for stealing one cloth cloak, value 2 s. and one shirt, value 4 d. the property of John Crawley , January 23 . ++

Hannah Crawley . The two women at the bar came into my shop to buy a cap.

Q. What are you?

H. Crawley. I sell old cloaths . I missed a cloak and shirt after they were gone. I took them up, and charged them with taking them. Rachael Davis confessed she had taken them.

Q. What said Durning?

H. Crawley. She said she knew nothing of them.

Q. from Davis. Did not you give me the cloak?

H. Crawley. No.

Q. Did you lend it her?

H. Crawley. No.

Henry Williams . I happen'd to come by the prosecutrix's house when she said she had been rob'd. Durning was then in her shop. I was charged to assist. Durning said she was innocent, and told us where to find Davis. We went as directed to Swallow Street, next door to the Black Bull, where we found her hid in a closet. We took her, and as we were bringing her along, just by the new burying ground, she owned she had taken and pawned the cloak for a shilling, and where. We went and found it accordingly.

Q. to prosecutrix. Where is the cloak?

Prosecutrix. We found it, but I have not got it here.

Davis's Defence

I went to that woman's shop to buy some caps, and there was the cloak. I said I would buy it, thinking she wanted money; so I went and pawn'd it, in order to get money to pay her for it, she being a poor woman.

Davis Guilty, 10 d.

Durning Acquitted .

[Transportation. See summary.]

107. (M.) John Evelin was indicted for stealing eight dozen of combs, value 9 s. six pair of silk stockings, value 3 l. and three pieces of silk for breeches, value 3 l. the property of person unknown, February 23 . ++

As neither of the witnesses could swear he was the person taken into custody, he was Acquitted .

108. (M.) Mary Wilcox , widow , was indicted for stealing two holland shirts, value 13 s. the property of Susannah Cobb , January 23 . +

Susannah Cobb . The 22d of February was my washing day; the prisoner at the bar lives below me. She has no other way from her apartment but through my wash-house. I left her in the kitchen when I went up to breakfast, and when I came down again I found her there. Upon missing one shirt, I asked, her if any body had been there in the time I was absent, and she said there had been nobody there. I took her before justice Fielding. I had lost one shirt the week before. She owned she had taken and pawn'd the two shirts; one at Mr. Gunston's, in Germain-Street; the other, at Mr Watson's, at the end of Coventry-Court, the last of which I found ( produced in court and deposed to.)

Q. from prisoner. Did not you lend me this shirt?

Prosecutrix. No, I did not.

Henry Stockdole . I am servant to Mr. Watson, a pawnbroker; the prisoner at the bar pawn'd this shirt (here produced) with me, on the 23d of January.

Q. How much did you lend her upon it?

Stockdale. I lent her 7 s. upon it.

Prosecutrix. Mr. Gunston has got the other shirt, but he is obliged to attend at Hicks's-Hall on another affair, and cannot be here; I have seen it, it is my property, that is, it was in my charge; I take in washing, and am accountable for any things that are lost.

Prisoner's Defence.

I am not guilty.

Guilty .

[Transportation. See summary.]

109. (M.) Thomas Smith , blacksmith , was indicted for the wilful murder of Benjamin Harthill , January 29 . He also stood charged on the coroner's inquest for manslaughter. ++

William Shirlock . The prisoner, the deccased, and others of their fellow workmen, had been drinking pretty plentifully at the Valentine and Orion, in Goswell Street.

Q. What are you?

Shirlock. I keep that house; after some time words arose.

Q. Who was in company?

Shirlock. There were nine of them in all; there was the deceased's son. I did not know them all.

Q. What liquor had they had?

Shirlock. They had eighteen full pots of beer together.

Q. What were the words about?

Shirlock. They were about their trade, which was the best workman.

Q. What were their trades?

Shirlock. They were nailers and rivet makers. The deceased's son was fighting with the prisoner.

Q. Who were the words between?

Shirlock. They were between the prisoner and and the deceased's son. The deceased's son said the prisoner's father was a thief and a rogue, which provoked the prisoner to strike him, upon which they began to fight.

Q. How long did they fight?

Shirlock. They fought I believe near half an hour, and then they parted and sat down in a box together. The deceased and his son sat opposite each other in the box. Then the prisoner said to the son, whom he had been fighting with (very coolly) what do you know of my father or any of my family, that you should use such language. Harthill equivocated a little, but the father, who sat opposite to him, started up and said the prisoner's father was a rogue and a thief. Then the prisoner struck him one blow, on the right side of his head, with his left hand.

Q. Was it with his flat hand, or double fist?

Shirlock. I can't say which.

Q. What sort of a blow was it?

Shirlock. It was a swinging blow like.

Q. Is the prisoner right or left handed?

Shirlock. I believe he is right handed, but he was on that side the box that lay for his left hand.

Q. Did that blow seem to affect him?

Shirlock. It did not seem to me to affect him; they sat together for an hour peaceably and quiet after that, arguing coolly with each other.

Q. Were there any blows struck after that?

Shirlock. No, nor any likelihood of any.

Q. Did you see them part?

Shirlock. I did, I was in the room at the time.

Q. What condition did the deceased seem to be in?

Shirlock. I saw no other difference then than at any other time, only being fuddled; he was in a bad state of health, in a consumption, long before; his son says, six years before

Q. Do you know what time he died?

Shirlock, I do by his son's account.

Benjamin Harthill . I am son to the deceased, and was in company with the prisoner and him at that time.

Q. Did you hear the last witness give his account?

Harthill. I did, it is much the same; we were drinking all together and talking, and had a good deal of liquor,

Q. Was you sober?

Harthill. We were all fuddled.

Q. Do you remember the conversation you had with the prisoner at the bar?

Harthill. Yes, we were talking about our business.

Q. What conversation did you fall into after that?

Harthill. The prisoner call'd my father thief.

Q. Did not you call the prisoner's father thief or rogue?

Harthill. No.

Q. to Shirlock. Did you not say you heard this witness call the prisoner's father thief and rogue?

Shirlock. I heard this witness say, that the prisoner's father was a thief and a rogue.

Harthill. I did not say so.

Q. What was the reason of your fighting?

Harthill. We were talking about our trade, and he hit me a blow; then I struck him again, and so we fell to fighting, and fought some time.

Q. Are you both of one trade?

Harthill. We are; when we were fighting my father came to part us, and he said the prisoner's father was a thief.

Q. Was this when you were fighting?

Harthill. No, this was after we had been parted about an hour; that occasion'd the blow, but I did not see it given. After that my father and I went home together, I led him by the arm.

Q. Could he not go without help?

Harthill. He was drunk.

Q. What time did you go home?

Harthill. Between nine and ten at night.

Q. What happen'd when he was at home?

Harthill. He went to bed.

Q. Did he complain of any hurt?

Harthill. He complain'd at the alehouse, before he went home, of the blow, and told me the prisoner had kill'd him; so we went home upon that, but when he gave him the blow, I do not think he intended to kill him.

Q. to Shirlock. Was it a violent blow?

Shirlock. It was a hard blow for a man that was infirm; but I do not think it would have hurt me.

Q. to Harthill. How had your father been as to his health.

Harthill. He had been in a very bad state of health these six years.

Q. When did he die?

Harthill. He died about four o'clock the next morning.

John Watson . I was at Mr. Shirlock's house, but not in their company. I saw the prisoner and the last evidence fighting; they had had several words before the young man told the prisoner he was a thief, and his father was a thief before him.

Court. He denies that.

Watson. It is possible he may not remember it, he was very fuddled to be sure.

Q. Did you know the deceased?

Watson. I did some time before he died.

Q. How was he as to his health?

Watson. He was in a very bad state of health; I have heard him often complain, and often-times he could not go to work.

Q. Did you see the blow given?

Watson. No, I did not, but while the prisoner and the young one were fighting I saw the old one (that is, the deceased) put his hand over the bar and pull the prisoner by the hair; the prisoner at the time put his hand over his shoulder, and gave him a blow which knocked him down, but I saw no blow after that.

John Allcock . The prisoner and deceased were my servants.

Q. What is your business?

Allcock. We call ourselves rivet and hoop-makers ; but we are properly smiths . I was informed at home that some of my men were fighting. I went to the alehouse in order to part them, where I found young Harthill and the prisoner fighting. I got between and parted them; they got together and fought again; then the old man, the deceased, went to pull the prisoner by the hair, the prisoner struck him and he fell down, and what by holding by one another, or how I cannot say, but I believe they all three were down together at that time. I got the old man out at the doo r, and he came in again, and the young one and the prisoner at the bar fought again. They set to it five or six times.

Q. Were they drunk or sober?

Allcock. They were all drunk.

Q. How was the deceased as to his health?

Allcock. He was very ill, and sometimes he could not go to his work for three or four days together; he worked but very little.

Q. How long had they work'd for you?

Allcock. I believe about three years.

Q. What was the occasion of their fighting?

Allcock. They were fighting when I went there; they call'd each other thief and rogue, as drunken people commonly do. I don't think the soldier (the prisoner is a soldier) did intend to do him any hurt, for he is as quiet a man as any I have, and I have about twenty-five of them. He has behav'd as well as any of them for the time he has work'd for me, which is about three years. He is a very quiet man, I never knew him quarrelsome in my life.

Abraham Farrin . After the fray was over I only saw one blow given. The deceased call'd the prisoner's father thief and rogue, and used very scurrilous language; upon that the prisoner at the bar, with his left hand, gave him a blow.

Q. Was it with his double fist, or open handed?

Farrin. I saw the blow, but I cannot say whether it was open handed or double fist.

Q. Did it seem to be a very severe blow?

Farrin. If I had received such a blow, it would not have hurt me a great deal; but the deceased was in a bad state of health.

Mr. Goodman. I was sent for by the coroner. I opened the scull of the deceased, and found the brain in its natural state.

Q. If a blow on the head had been the occasion of his death, how should you have expected to find the brain?

Goodman. We should have found a great quantity of blood there.

Q. Do you think this man's death was occasion'd by that blow?

Goodman. I don't believe it was.

Q. Could you judge, by viewing the body, what was the deceased's state of health?

Goodman. By all accounts I have learned since, he was in a very bad state of health.

Q. Can you account for what was the occasion of his death?

Goodman. No doubt but that any body, in such a bad state of health, might have died by such irregularity in living, without the blow; it is reasonable to think so.

Q. Was there any appearance of any contusion?

Goodman. No, none at all.

Q. Did you see any mark on his breast or any where else?

Goodman. I did not.

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

Goodman. I have known several irregular people, by being put into a very great passion, carried off directly.

Acquitted. Accidental death .

110. 111. (M.) William Beckwith , otherwise Beckington, otherwise Thomas Robinson , carpenter , was indicted for that he, on the 25th of January , about the hour of eight in the night of the same day, the dwelling house of Ralph Griffiths , did break and enter, and four cotton bed curtains, value 5 l. eight cotton curtains, value 4 l. five blankets, value 5 s. one quilt, value 10 s. three looking-glasses, value 3 l. one pair of brass arms, value 2 s. one stuff negligee, value 5 s. one pair of cloth breeches, value 5 s. one hat, value 5 s. one petticoat, value 1 s. one iron trevit, value 6 d. one pewter cullender, one brass warming pan, and one iron fire shovel, the goods of the said Ralph, in the said dwelling house, did steal ; and Joseph Norman for receiving the same, well knowing the same to have been stolen . +

Ralph Griffiths . I have a house at Hackney . I lost some goods out of it on the 25th of January last, which was on a Friday, in the night, but I did not know of it till the Monday following. I went and found it broke open; they had wrenched open the slap of a cellar window.

Q. What sort of a slap was it?

Griffiths. It was a wooden slap chained down; they had cut a way thro' the kitchen door, and so went thro' all the rooms of the house. There I missed the goods mentioned in the indictment ( mentioning them by name.)

Q. Have you ever seen them since?

Griffiths. I have at Mr. Henfield's, a broker in Shoreditch, and at the prisoner Beckwith's house, all but the warming pan; that was never found.

Q. What day was that?

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 27th, Thursday the 28th, and Friday the 29th of FEBRUARY,

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

LONDON:

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

[Price Four-pence.]

THE PROCEEDINGS ON THE

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

Griffiths. I Believe it was on the Tuesday or Wednesday following. I know it was one day that week.

Q. When had you seen them last?

Griffiths. We had left them in the house but a very few days before, I had seen them on Christmas Eve; every thing was right then.

Q. Was you before a justice?

Griffiths. I was before justice Fielding, and heard the prisoners examined there. Beckwith there acknowledged, that he in company with one Ruben Dan and another person broke open the house, that the other two broke the door, and he stood at the door and watched, and assisted in carrying the goods off; the other person he called Thomas Robinson , the name he himself went by, as will appear by an evidence here; that they did it by the light of a lanthorn. Norman was not there then, and we took him up afterwards.

Q. Was any body left in the house?

Griffiths. No.

Q. How do you know the day it was broke open?

Griffiths. By Beckwith's own confession.

Isabella Griffiths. After our house was broke open, we had a warrant to search Beckwith's house, where we found a small looking-glass lock'd up in a closet; we found also a fire shovel and trevit.

Q. Where did Backwith live?

I. Griffiths. He lived at Hummerton, and kept a cook's shop.

Q. When was the last time you was at your house at Hackney, before you missed the things?

I. Griffiths. We were there on Christmas Eve.

Q. Can you say upon your oath these goods which you lost were in your house on Christmas Eve?

I. Griffiths. I think I can say all of them were. The house was broke in two places, but in one they met with a beam in their way, and could not proceed there.

Q. Is it a dwelling house?

I. Griffiths. Yes, Mr. Griffiths and I go there sometimes. I was all over the house on Christmas Eve.

Q. Did you go with your husband on the Monday he has mentioned?

I. Griffiths. I did, but at that time we were sure the other things were at Mr. Henfield's the broker. I found the same goods missing that my husband spoke of.

Thomas Henfield . I am a broker, and know the two prisoners at the bar. I think it was on the 26th of January Beckwith came to me (be then wrote his name Robinson.)

Q. Did you know him before?

Henfield. I had seen him before pass by my door. He brought a letter and said he had brought some goods from some relation at Ware, and wanted to know if I would buy them. I told him I would see them first, and away he went; and in about three quarters of an hour after he came again with another man.

Q. What man was that?

Henfield. It was one that is not here. They brought the goods, and I looked them over. I said I did not care to buy them, except he could produce the owner.

Q. What goods did they bring?

Henfield. They brought the bed furniture, a quilt, blankets and two glasses, tied up in a coarse cloath, and a letter, saying the goods came from such a person at Ware, that was in distress. I said, except I knew you, and where you live, I shall not buy them. Said Beckwith you may go to where we live, we liveright against the Plough, at Hummerton. I and my brother set out to go with them to their houses: Going along the New Road, one of them said here is Cayton's cart, he serves us with meat, he knows us. We look'd about to see if we could find him. We found him in a public house, I took him out and asked him the character of the two men; he said he had served them with meat, and they paid him very honestly. Then we turned into the public house, and Ruben Dan (which was the other man along with the prisoner) got up and said to Cayton, what do you know of my character, he answered, I have served you with meat, and you paid me honestly. Then I went home, saying. I did not care to buy the goods till I saw the person that owns them; then they said let us have the goods away. I said no, I shall not part with the goods till I have seen farther. Then they said they would go and fetch the waggoner that brought them up from Ware. They were gone about half an hour. I had still the goods in my possession. I went to be shaved, in order to go to Mr. Fielding's, to give him intelligence of them. Then my brother came and said the men are come back again about the goods, and had brought the waggoner. I found the prisoner Norman standing by the fire side. I said to him, what say you; he said, I am come about some goods that I brought up from Ware. I said, what are they, he said one of them is a flat parcel, which they bid him take care of, because there was glass; I said, do you know who you had them of; he said he knew them by sight, the man lives within a few doors of my master; my master's name is Fugan, and mine is Norman. I asked where I might find him, he said either at the Cherry-Tree or Black-Horse, in Kingsland-Road. Then I said to Beckwith, as you appear to be an honest man I will pay you for your goods.

Q. What did you give him for them?

Henfield. I gave him 5 l. 13 s. Dan said to the waggoner, take notice of the money we take, for you are to carry it down: very well said Norman. (The goods produced in court and deposed to by the prosecuter.)

Q. to Henfield. Had you a receipt of Beckwith?

Henfield. I had; he signed his name Robinson in the receipt.

Q. Was you present before justice Fielding when, Beckwith was examined there?

Henfield. I was; I think he said he was in Mr. Griffiths's yard when Dan and Robinson broke into the house; that he was set there to watch, (he used some word which I took to be watch, which I do not understand.) He said they wrench'd open a shutter.

Q. Are you sure he said he was set there to watch?

Henfield. I am sure he said that.

Joseph Smith . I am a relation to Mr. Henfield. I live in the country, but happened to be at his house when the prisoner Beckwith came to him with a letter, and said he had some goods come up from a relation of his at Ware, and asked him if he would buy them; Mr. Henfield said he could not tell till he saw them; then Beckwith said they were at the Black-Horse, in Kingsland-Road; he went and came back with another man, and brought them: Then Mr. Henfield told them he should not buy them without seeing the person that owned them. Then they told us where they lived, and he and I were going to their houses. to inquire how they came by the goods, and whether they came from Ware, as they had said. We happened to see one Cayton's cart stand in the road, and they inquired for him and found him in a public house, of whom Mr. Henfield inquired their characters; he said they were honest men as far as he knew, for he had sold them meat several times, and they paid him; then we came home, but he said he should not chuse to buy the goods without he saw the right owner; they said the right owner could not be seen, for he was in the hands of a bailiff; but they could bring the waggoner, who brought them up from Ware; and while Mr. Henfield went to be shaved, in order to go to justice Fielding, Joseph Norman , the other prisoner, came to his house, and said he brought the goods up from a gentleman at Ware. Mr. Henfield asked him if he knew the gentleman, he said he did not know his name, but he knew him by fight, and that he lived but a few doors from his master's house. Then Mr. Henfield asked him his master's name, and took it down, which he said was Edward Fugan ; that he came sometimes to the Black-Horse in Kingsland-Road, and sometimes to the Cherry-Tree, and that he was the carrier at Ware; he said the team stood at the Cherry-Tree then, and he could not stay. As soon as Mr. Henfield paid them the money, he desired me to go after them to see if the team stood at the Cherry-Tree, I followed them down, they were all three together, and went in at the Cherry-tree, and the waggon stood at the door, with the master's name on it, which he had mentioned to Mr. Henfield.

Q. Was you before Mr. Fielding when Beckwith was examined?

Smith. I was. He there said he was in the yard and stood watch while Robinson and Dan went into the house and took the goods.

Q. Did you hear Norman examined?

Smith. No, he was not examined at the same time the other was.

John Blackwell . I am the person that found out where the goods were, and sent word to Mr. Griffiths; I was at Mr. Fielding's when both the prisoners were examined. Beckwith said two men, Robinson and Dan, were along with him; that they two broke the house open, by the light of a lanthorn, and he was in the garden and watched; they handed the goods out to him, and he carried them out into the fields, where they pack'd them up, and then he did not know what became of them. I asked him whether they had a dark lanthorn or another; he said it was a large horn lanthorn, with a candle in it. I was present at Hummerton when the goods were found at Beckwith's house, and heard Mr. Griffiths swear to them.

Q. Do you know any thing of Norman?

Blackwell. I have known him some time, his master is the stage waggoner at Ware. He has come to my shop with goods sometimes. I told Mr. Fielding I would send a letter down to his master to send him up. I thought it was to be an evidence. He sent him up, and I went along with him to the justice; there he said two men came to the inn where he was baiting his horses, on the 26th of January, at the Cherry-tree, and told him they had some goods come out of the country by another person, that they would give him a crown, if he would go and say they came up by him, and he took the crown and went and did say so. I do not think he would be guilty of such an action, had he known the goods to have been stolen.

Thomas Taylor . I heard the prisoner Beckwith confess before Mr. Fielding, that he was set to watch in a field or garden, while Dan and Robinson broke into the house; and he helped to aid and assist in taking the goods out and carrying them into the fields, and packing them up. When the search warrant was brought to me, in order to search Beckwith's house, we found a trivet, an iron fire shovel, a dressing-glass, and a man's hat, ( producing one.) This hat Mr. Griffiths owned at that time. Beckwith and Dan were partners together in a cook's shop.

Prosecutor. This hat I think is a hat that I gave to a servant of mine; the glass and fire shovel I know to be mine.

John Reed . I was at justice Fielding's when the two prisoners were under examination, but did not much regard what was done there. I took Beckwith in a coach to goal. I asked him if there were any others concerned in breaking the house, he said there were no others but Rubea Dan and himself. This was on the fourth of February. When I went for him, in order to carry him to be examined again, then he told me one Robinson was concerned, and that he stood and watched while they broke the house and took the goods out. The first time he told me Dan and he took the goods out over night, and hid them in the fields, and went afterwards and took them away.

Beckwith's Defence.

The gentlemen have said what I said before the justice. I told the truth, and I could tell no other. I was present when Dan and Robinson broke the house, and I took the goods from them, and handed them out. This is the first scrape that ever I was in, in my life.

Norman's Defence.

Beckwith, the prisoner, and another man, came to me at the Cherry-Tree; they told me they had some things come up out of the country, from a person at Ware, who lived near the Bull, which is near to my master's, and they desired me to say, I brought them up.

Beckwith Guilty. 39 s.

Acquitted of burglary.

Norman Acquitted .

(M.) Beckwith was a second time indicted, by the same names, for that he, in a certain lane or open place, near the king's highway, on Aaron Govas Decoster did make an assault, putting him in corporal fear and danger of his life, and taking from his person one cloth coat, value 40 s. two handkerchiefs, value 1 s. and nine-pence half-penny in money number'd , his property, January 26 . ++

Aaron Govas Decoster . I was coming home on Saturday night, the 26th of January, between six and seven o'clock.

Q. Where do you live?

Decoster. At Hackney . Just before I came to my own door a couple of fellows stop'd me; the short one took out a pistol, and the tall one had a knife. They demanded my watch and money, or they would shoot me; I said I had no watch with me, and as to money, I could give them no more then I had. They took from me a furtout coat, three handkerchiefs, and nine-pence half-penny.

Q. Do you know the prisoner at the bar?

Decoster. I do not know him any farther than coming in a stage coach once with him; that was since I was rob'd, coming from London. There were in the coach a gentlewoman and the prisoner, and a companion of his, as appear'd to me. The gentlewoman was set down at a distiller's, by Shoreditch Church; after that, we in the coach fell into discourse about robbing. I told them I had been rob'd just by my own house; they asked me how they used me; I said a couple of fellows stop'd and rob'd me of my coat and three handkerchiefs. They asked me a great many questions, and wanted to get out of the coach several times. I then did not like them, so instead of being set down at the Shoulder of Mutton Field, I chose to go farther in the coach.

Q. Do you know any thing against the prisoner at the bar?

Decoster. No, I was so frighted when I was rob'd, that I cannot swear to the man; but when the prisoner's house was searched for other people's goods there were two handkerchiefs found there, my property, and of which I was rob'd that night.

Thomas Taylor . I am the constable that searched Beckwith's house for Mr. Griffiths's goods, where we found two handkerchiefs, in the custody of Dan and the prisoner (produced in court and deposed to.) They were delivered to me by their two wives, saying, they did not belong to them, and said they were afraid they were stolen. Beckwith was then taken, but Dan had made off. The prosecutor came to my house afterwards and described the marks on them at the corners, and after that he swore, before justice Norris, they were his property, which he lost at that time.

Prisoner's Defence.

I am innocent of the affair, and so I am of all the others but one.

Acquitted .

(M.) He was a third time indicted by the same names for stealing one cloth coat, value 20 s. two pair of linen sheet, value 5 s. one silk handkerchief, value 2 s. three pewter dishes, value 3 s. twelve pewter plates, four pewter porringers, three linen handkerchiefs, one cambrick handkerchief, five linen napkins, one shagreen instrument case, five lancets, two pair of stone buttons, one pistol, one peruke, one hat, three linen shirts, three linen shifts, one linen tablecloth, and 5 l. in money; the money and goods of John More , in the dwelling-house of the said John , January 19 . +

Isabella More. Last Saturday was five weeks two men came to our door. My husband was just gone to London.

Q. Where do you live?

I. More. We live at Hackney . They came over a gate that was lock'd, to come to the door, and said where is your master; I said, I do not know of any master that I have here. They came in at the door, and turn'd again and bolted it; I said what do you bolt my door for; they asked me where the key was; I said the key was lost; then they went to a little room where my husband and I lay; the first thing they laid hold of was a pistol; they said this is a pretty thing, this will do for us. Then they tore a drawer out, and said we will take none of your wearing apparel, we want money. They found and took some old money. Then they said where is your husband's money; I said we have some to be sure in the house (my husband had said to me, if your landlord-should come by call him in and give him a quarter's rent, which is twenty-five shillings, and told me he had put it behind the door, but no landlord came.) They rifled and jostled me about and bid me not talk, and took three-half pence and four farthings out of my pocket. I had in my left-hand pocket a half-crown, and three or four new shillings; they took them, and hit me a blow on the side of my head; I thought they had beat my brains out. I said don't use me ill, I am old enough to be your grandmother. [The prosecutor and his wife were a remarkable ancient couple.]

Q. What time did they come to your house?

I. More. They were in my house between one and two o'clock.

Q. What did they take?

I. More. They took twelve pewter plates, three pewter dishes and four pewter porringers. My husband had also lost 3 l. 15 s. in the house, that also they took, as well as the 25 s. for rent, two pair of sheets and a table cloth, near four yards long, and eight handkerchiefs, one of which was silk and another cambrick; one was my husband's, the rest mine, and an old laced pillow case, which I believe had been my grand-mother's.

Q. Did you see them take the money?

I. More. They took one half-crown and gave me again; then they took it away again and made me sit down on the bed, and then, before my eyes, they took the 3 l. 15 s. away, and 20 s. and two half-crowns.

Q. Did you see which took your money?

I. More. I believe Dan took it; I saw him take my box and put it on the table, and take the money out. Some time after this I heard of a robbery in our neighbourhood, and the people were searching for their goods. My husband said he would bring his old woman, and he did not doubt but he should find some of his goods; I went, and amongst the things at Dan's house I found two pair of sheets, a table-cloth four yards long, two handkerchiefs, one silk, the other cambrick; a laced pillow case and a Russia one, within a nail of a yard long; two rags and a white handkerchief; the prisoner and Dan then lived both in a house, and kept a cook's shop.

Q. Did you lose all the money you have mentioned?

I. More. I did; there was not a farthing left.

Q. Did you see them take the money?

I. More. I saw them take the things out, and fumbling about and putting things into their pockets.

John More . I was rob'd on the 19th of January last. I put 3 l. 15 s. into an old ticken shoe, because we live in a single house alone, and went to market. I put 1 l. 5 s. by, for my wife to pay our rent to the landlord; when I returned I found the money gone. As to the linen, my wife knows that best; I know nothing of that, except a spotted handkerchief and two napkins; there was also a case of instruments missing; the case was found, with three of my lancets in it, in the prisoner's house. They have been in my house twelve years. I bled a person with one of them but the Sunday before.

Thomas Taylor . I am the constable that searched the house of the prisoner and Dan for Mr. Griffiths's goods. I found four sheets, a long table cloth, two pillowbiers (one of them laced in the middle) three handkerchiefs and two napkins. When I went to search again I found one handkerchief, a lancet-case and three lancets, which the prosecutor and his wife swore to be their property before justice Norris. There were many other things found in the prisoner's house which are not owned yet, besides what the prisoner has been tried for. (The goods produced in court and deposed to.)

John Reed . I was at the searching Beckwith's house, and saw all these things found there. Beckwith lay in the garret where the things were found; Dan lay on the ground floor. The prosecutor's wife swore to every thing particularly before she saw them.

Prisoner's Defence.

I know nothing of this robbery.

Guilty , Death .

112. (M.) Hopkins Driver was indicted for stealing one cloth coat, value 5 s. the property of George Holgate , February 20 . *

Thomas Holgate . My father's name is George Holgate . He lives by Holbourn Bars , and keeps a cloaths shop ; there were about 20 coats hanging up at our window. Seeing the prisoner take one down, I went out at the door and saw him with it under his arm. I ran and took hold of him, but he drop'd the coat, and slip'd from me. I ran after him and left the coat on the ground. I took him again, and turn'd about to see for the coat, but it was gone.

Q. Are you sure the prisoner is the man that took it?

Holgate. I am; and he also own'd he took it, said it was of a blueish colour, and beg'd for mercy. I took him before justice Welch, and when the justice asked him what was become of the coat, he said he could not tell who had it.

Q. When was this?

Holgate. This was last Wednesday.

Alice Walker . I saw a man take a coat from off a hook at the prosecutor's window, and also-saw Thomas Holgate pursue him, but I cannot say that it was the prisoner; I did not take so much notice of him, as to know him again.

Adam Wood . I am servant to the prosecutor. I hung a coat on the hook that morning, and it was taken away, but I was not by at the time.

Prisoner's Defence.

I was going along and pick'd up a coat, and in the fright I drop'd it.

Guilty .

[Transportation. See summary.]

113. (M.) Charles Cullam was indicted for the wilful murder of Rose Cullam , his infant, about five months of age, by throwing her out of a three pair of stairs window , January 20 . He stood likewise charged on the coroner's inquest for the said murder. ++

Elizabeth Barden . I live in Rupert Street , almost facing the prisoner at the bar.

Q. What house does he live in?

E. Barden. He lives at Mrs. Rook's house, in the same street. I saw the prisoner with a child in his arms, at his chamber window, on the 20th of January last, between the hours of two and three in the afternoon.

Q. Where was you at that time?

E. Barden. I was at a one pair of stairs window in my own room.

Q. In what manner did he hold the child?

E. Barden. He held it in both his hands, and the head of the child was on his right arm.

Q. How long did you observe him standing there?

E. Barden. It was that minute that I saw him there; he made but one motion and gave it a swing from his arm [ describing in what manner he did it, not much unlike that of flinging a casting net] He came side ways to the window, and so flung it out into the street.

Q. Was the child alive, can you tell, before he flung it out?

E. Barden. I cannot tell. I saw its fingers move as it was coming down like a pidgeon.

Q. Did you see the child move in his arms before he flung it out?

E. Barden. I did not.

Q. How long had he lived in that place?

E. Barden. I cannot tell that.

Q. Was it his own child?

E. Barden. He was reputed to be the father of it.

Q. What are you?

E. Barden. I am servant to a widow gentlewoman.

Q. Had you ever seen him with that child in his arms before?

E. Barden. No.

Q. How old was the child?

E. Barden. The child wanted three days of five months old.

Q. Has the prisoner any other children?

E. Barden. No, not to my knowledge.

Q. What was his general behaviour?

E. Barden. I never heard any body give him an ill character in my life.

Q. Did you see the child after it sell?

E. Barden. No, I did not.

Q. Whether or not, when he came to give it that swing, you imagine he did it with an intent to destroy the child?

E. Barden. It had that appearance to me.

Elizabeth Wallan . I live in Rupert-Street. I was in my mother's shop below the prisoner, between the hours of two and three, on the 20th of January. I do not know whether by accident or what, but I saw the child fall by the side of our window; I ran out immediately and took it up, but it was then stone dead. It came out at the three pair of stairs window.

Q. When had you seen the child last before th

E. Wallan. I had seen it alive and hearty a three hours before.

Q. What do you imagine was the death of the child?

E. Wallan. It was the fall that kill'd it.

Q. How long has the prisoner lived there?

E. Wallan. My mother has kept the house between eight and nine years, and the prisoner has lived there twelve months last Christmas. The child was born last Bartholomew-day in the morning.

Q. Have you ever observed the prisoner's behaviour to the child?

E. Wallan. I never saw him behave amiss to it. When it cried he always made a noise about it, and was always tender of it as far as I could see.

Q. Did you see him soon after it fell?

E. Wallan. I did; he came down stairs immediately, and said, my child, my child. I said your child is dead. His wife and he came both crying together.

Q. Did he seem to be in very great concern?

E. Wallan. I was so concern'd in taking up the child, that I cannot say as to that; he went to my mother's apartment, and said to his wife, give it the bubby, give it the bubby.

Q. Had you ever seen him use this child with any sort of cruelty?

E. Wallan. No, he always seem'd to be very fond of it.

Q. What passed after he desired his wife to give it the bubby?

E. Wallan. He was secured and carried to the round-house.

Q. Did he say it had fallen from his arms?

E. Wallan. He said he was dancing it, and it went out of his arms.

Q. What highth may that window be from the floor of the room?

E. Wallan. It is a high window with a casement.

Q. Might not such an accident happen by playing with a child in a man's arms?

E. Wallan. I am not a judge of that; it is a great way over from the window, because there is a gutter before it.

Barnaby Lord . I was in the prisoner's room at the time the child went out of the window; his wife was dressing some steaks, and he drew the cradle towards the fire, from the farther side of the room; the child then was in it, he thought the day was cold.

Q. How long was that before the child went out at the window?

Lord. It was about half an hour before:

Q. What time of the day was it that it went out?

Lord. It was between two and three in the afternoon.

Q. How long did it continue in the cradle before he took it in his arms?

Lord. Not long; he soon took it up, put it upon his knee, and sat by the fire-side; he seem'd to be fond of it, and made as much of it as ever he could; he put his left-hand under its back-side, hug'd it to his breast, and walked about the room with it.

Q. Whereabouts in the room was you?

Lord. I was sitting by the fire-side. I saw him walking backwards and forwards with it in his room, but I did not see how it went out at the window.

Q. Which way was your face?

Lord. My face was towards the fire. I heard the prisoner run down stairs and his wife after him. Oh! the child is gone, said he.

Q. Did he cry out as soon as the child was gone?

Lord. Yes, yes he did. I ran down after him. He made no stay, but as soon as the child fell he ran down; I believe in my conscience he did not do it wilfully. There was a blanket round the child; he had that in his hand after the child was gone.

Q. After he ran down, did he seem to be very much concerned?

Lord. He did; he went into his landlady's shop, and then they took and carried him away to St. James's round-house.

Q. Did he say any thing about its being an accident?

Lord. I did not hear any thing of that.

Q. What is the breadth of that gutter between the window and the street?

Lord. It is not a great breadth. The window is just upon a level with the gutter; a body could hardly put one's foot in the gutter.

Thomas English . I am beadle of the parish, and attended the croner's jury; he sent me to take the dimensions of the window, here it is ( producing a paper.)

Q. Who wrote that?

English. I did.

Court. read it,

It is read.

The breadth of the casement is 18 inches. The breadth from the bottom of the window to the outside of the parapet is 19 inches. The parapet is about 2 inches lower than the bottom of the window. The height of the casement is full 33 inches and a half. From the floor to the bottom of the window is about 3 feet.

Prisoner's Defence.

I loved my child too well to go to throw it out at the window, the child flip'd out of the blanket. I thought the blanket was tied about its cloaths. If I had had a mind to have destroy'd my baby, could I not have had a better opportunity to do it than to throw it out at the window in the middle of the day?

For the Prisoner.

Betty Askins . I moved into George-Court on Monday, and this accident happened on the Sunday following. I was at the end of the court, facing the prisoner's window, when this accident happened.

Q. Could you see the window plain?

B. Askins. I could see it as plain as I can see this window ( pointing to a window in the court.)

Q. What did you see at the window?

B. Askins. I saw the prisoner dancing the child at the window.

Q. Did you know him before?

B. Askins. I never saw him before to my knowledge.

Q. In what manner did he hold it?

B. Askins. He had it on one of his arms, I cannot tell which; it was upright, with a blanket loose about it.

Q. How near did he stand to the window?

B. Askins. As near as possibly he could; the child came out at the window, and the man had the blanket in his hand.

Q. Had you observed him any matter of time?

B. Askins. I had my little boy in my hand, and was looking at the prisoner two or three minutes.

Q. Are you sure you had observed him so long?

B. Askins. I am certain of that, if not more: I look'd at him all the while.

Q. How came you to be looking up?

B. Askins. Because I heard him cheriping to the child.

Q. Did it seem to fall from his hand by a slip, or as if flying from him?

B. Askins. I cannot say whether it fell or whether he flung it, but he had the blanket in his hand, and cry'd out, O Lord! my child is gone. He went backwards from the window, and the mother of the child lean'd out at the window, so that I thought every moment she would have been down. I saw a woman pick the child up, it was kill'd by the fall.

Jane Mullings . My husband and I happened to be coming up Rupert-Street on that Sunday. We saw a man playing and dancing, and singing to a child, I saw it fall out at the window.

Q. Was you looking up at the instant it fell from his arms?

J. Mullings. No, but I saw the child coming down, and the blanket in the man's arms.

Acquitted. Accidental death .

114. (L.) Saunders Solomon was indicted for stealing one trunk, value 6 d. one silk woman's garment called a sack, value 5 s. one silk gown, value 4 s. one quilted stuff petticoat, value 1 s. two pair of muslin ruffles, value 2 s. and one muslin apron, value 2 s. the property of Martha Savage , February 26 . +

Martha Savage . I expected a trunk to be brought to me last Tuesday by the Gloucester coach.

Q. Whose property was it?

M. Savage. The trunk is my servant's, but the goods in it were mine.

Q. Name them.

M. Savage. There was a silk sack and petticoat, a silk gown, a quilted stuff petticoat, two pair of muslin ruffles, and a muslin apron.

Q. How do you know they were in the trunk?

M. Savage. I saw what was in it yesterday; the man that was to bring it to me came and told me it was taken out of the cart as he was bringing it from the inn, and said that the man who took it was in custody.

Q. When was this?

M Savage. Last Tuesday night.

Francis Wickham (producing a trunk.) This trunk came by the Gloucester coach, directed to a lady named Savage, in Bishopsgate Street.

Q. What are you?

Wickham. I keep the warehouse belonging to the Gloucester coach, and took the trunk into my possession, with an intent to convey it to the lady. I accordingly deliver'd it to James Brown , for him to carry thither in his cart, with other things that were going to other parts of the town, but a messenger soon after came and told me that Brown had been rob'd of this trunk. I went directly to inquire, and found that the trunk was retaken, and the prisoner sent to the compter.

Q. Read the direction on the trunk.

Wickham. To Mrs. Savage, at Mr. George's, near the pump in Bishopsgate Street.

Q. Did you see it put into the cart?

Wickham. I bid Brown take care that it was not lost, being more afraid of its falling out than of its being stolen, and he put it up into the cart.

James Brown . Mr. Wickham delivered this trunk to me, desiring me to take care of it, and deliver it safe to the lady.

Q. Have you read the direction?

Brown. I have [he reads it again.] This is the same trunk, it was pack'd up in the cart. There was some salmon brought up by the Gloucester coach as well as this trunk. I was sent to Billingsgate with the salmon, and then to carry this trunk to Bishopsgate Street. We put it up in the cart between two salmon baskets, so that it could not fall out. Going along Cheapside, at the hither end of the Poultry, on the left-hand side, a man came from the other side of the way, and look'd into the cart. My master's son was leading the horse, and I had a candle and lanthorn. I look'd at him with my light, but took no notice, looking very sharply after the cart. Just as we came opposite to Walbrook, or the Mansion-house, there stood a carriage. I kept along the path-way with my lanthorn in my hand, and going to look at the cart behind, I saw the same man pulling at the trunk; he gave three tugs at it, got it out, and carried it three or four yards. I hallow'd out, and he let it drop against my right leg, by which means I tumbled down, and the man ran away. I called out, Stop thief, and a young man who was coming by followed the man round the Mansion-house. The prisoner was stop'd somewhere by Lombard Street, and brought to me at the cart, and the people said it was the best way to lodge him in the compter till the morning.

Q. Is the prisoner the man who took the trunk out of your cart?

Brown. To the best of my knowledge he is the man; I went with him to the compter.

Q. Did you see the man's face when you saw him behind the cart?

Brown. I did, and took notice of it, not only when I saw him pulling at the trunk, but also when he look'd into the cart; as soon as the prisoner was brought to me I said, this is the man.

Q. Look at him well; are you sure this is the man?

Brown. To the best of my knowledge this is the man.

Q. Upon your oath do you believe this to be the man?

Brown. I do.

Q. from prisoner. Whether you did not doubt my being the man, when you first came among the people to see me?

Brown. I went up to him directly, and laying hold of his collar said, this is the man that took the trunk out of the cart; I made no doubt about it.

Q. from prisoner. When I was before the alderman, had you no doubt then?

Brown. No.

Q. Are you now convinced whether he is the man or not?

Brown. Yes; I think he is the man.

William Harrison . As I was coming by the Mansion-house on Tuesday night I saw a man pulling a box out of a cart; the last witness came up and laid hold of him, and the man threw the box down, the same box that is here produced; it fell on the witness's leg, and he immediately call'd out, Stop thief; the man ran round the back part of the Mansion-house and I after him, but coming up a street I lost him; then somebody said, he is gone that way, so I went thro' Dove Court, and there they had laid hold of him.

Q. How do you know they had hold of the right man?

Harrison, I am doubtful about that; he said you are mistaken, I am not the man.

Q. Was the prisoner the man that ran away from you?

Harrison. I can't tell.

Q. Is this the man they took?

Harrison. He is.

Q. Do you take him to be like the man?

Harrison. I take the man that I pursued to be something lustier than he, but I may be mistaken; I could not distinguish him rightly.

George Cockeril . Last Tuesday night, about the hour of nine, as I turn'd the corner of Bearbinder Lane to come to the Mansion-house, I heard some people cry Stop thief, and saw them come running as fast as they could. The man that ran first went through Dove Court, and there they lost him. I followed him, crying Stop thief, stop thief, all the way.

Q. Did you lose fight of him?

Cockeril. No, I did not; when we were both in Lonbard Street, he went to cross the way, and as he was crossing, a young man stop'd him, and I said hold of his coat; the people went by the end of the court when he ran up it, and so missed him.

Q. Is the prisoner the same man?

Cockeril. He is; he cry'd, and in the Jews Ianguage said, Pray, pray let me go.

Prisoner. That witness is the same man that laid hold of me.

Mr. Nash, one of the Lord-mayor's marshal's men. I heard Mr. Harrison give a different account from what he has now; if you please to swear me, I will repeat it.

He is sworn.

Nash. Harrison declared on the prisoner's examination, that the prisoner was the very man, that he saw him taking the box out of the cart, and knew him to be the very man as soon as he was taken.

Q. to Harrison. Did you say as this witness has said?

Harrison. I said before the alderman, I did not know whether he was the man or not, I believed he might be the man.

Nash. He said he was the very man.

Q. to Harrison. When he was taken, was he out of breath?

Harrison. No, he was not; before the alderman I said I believed he was the man.

Prisoner's Defence.

Last Tuesday morning I went out with my bag, I deal with several pawnbrokers, and coming home between five and six o'clock, I met one of our people* with a bag of cloaths over his shoulder; I asked him what he had got, and he said he had a parcel of cloaths that would suit me; he pitched them at the Bull and Gate in Holbourn, and I bought them of him for 3 l. I put some in his bag, and some in mine, and we walked to Snow Hill, where we met a person of our acquaintance. We tied the two bags together, and he carried them home. Then we went to the sign of the Cock on Snow Hill, I paid him, and we sat there about two hours. At a little after eight we were coming along the city, a little higher than the Mansion-house; I staid to buy something of a woman, and he walk'd along, thinking I should follow him. As I got to the Mansion-house I heard the cry of Stop thief. Several people ran, and I ran after them, and I saw my partner run as well as the rest. I ran round the Mansion-house, with several before and several behind me, there might be near 50 people. I was running up again, in order to go into Lombard Street, thinking my partner might be there, and was not got a yard out of the alley when a gentleman laid hold of me and said I must stop you, there is a cry of Stop thief. I said, you are mistaken in the person, when up came several butchers and said, here is a Jew thief. They pulled me this way and that way, and when the man that had lost the box came up they said to him, that is the man; said he, I believe he is, and they would not let me say one word more. One of them swore I had a blue coat on, and I had a brown one. I have been an industrious young fellow ever since I was twelve years of age. I return about 50 l. every week, and sometimes 300 l. a month; there is never a dealer in London but what knows me.

* A Jew.

For the Prisoner.

Samuel Oakley . I have known the prisoner about eighteen months; there was a man came to my house about two o'clock this day, and desired I would come away directly, for the prisoner was at the Old-Bailey upon life and death.

Q. What is his general character?

Oakley. I never heard to the contrary but that he was an honest man.

Q. What are you?

Oakley. I am a pawn broker.

Q. Where do you live?

Oakley. I live at the sign of the Star, in Bacon-Street, Bethnal Green. I have dealt with him for eighteen months.

Mary Smith . I have known him between four and five years, and never knew any thing amiss of him.

Q. Where do you live?

M. Smith. I live in Goodman's-Fields, I keep an old cloaths shop; I have dealt with him for many pounds.

Moses Barnard . I have known the prisoner twenty years, but I cannot say any good or ill of him, I never had any acquaintance with him in my life. I have seen him standing in Duke's-Place, as I have gone to our coffee house.

Leah Carolina . I have known the prisoner six or seven years. I always knew him to be an industrious man; he maintains his family by buying and selling old cloaths, he is an honest man.

Rebecca Lovi . The prisoner always bore a good character; I brought him up till he was twelve years old, he now is almost twenty-one.

Elizabeth Sturt . I have known him twelve months. I believe him to be a very honest fair dealing man.

Guilty .

[Transportation. See summary.]

115. (M.) Toussaint Felix Urvoy, otherwise Felix All-Saints Happy Urvoy , was indicted for stealing 3 china dishes, value 3 s. the property of Peter Legee , in a certain lodging room let by contract . ++

Peter Legee . I let the prisoner a lodging-room about a week after last Midsummer, it was ready furnished, for some time, but he had no bed there, having a house of his own; he did not lay there, but came three days in a week to give people advice.

Q. What furniture was there let with the room?

Legee. There were a few chairs, and three china dishes, that cost me five shillings riveting. After some little time he was to have the house, so I did not let him my goods, but let them stand in his possession.

Q. Did you deny him the use of the china dishes?

Legee. No, I did not; but I did not let them to him.

Q. Who set you on to prosecute him?

Legee. I threaten'd I would indict him if he would not give me my dishes again, he did not deny having them. After I had made affidavit about them, I was forced to go thro' with it, and then he sent me the dishes again.

Q. Do you owe him any money?

Legee. If we come to account I believe I owe him money.

Acquitted .

(L.) He was a second time indicted by the same names, for obtaining, by false pretences, two pictures in gilt frames, value 3 l. 3 s. the property of John Peirt , with intent to defraud the said John thereof , December 21 . ++

The prisoner being a foreigner, an interpreter was sworn.

John Peirt . I am an haberdasher and cabinet-maker .

Q. Where do you live?

Peirt. I live in Queen-Street, Cheapside.

Q. What is the prisoner?

Peirt. By profession he is a quack doctor ; he got acquainted with a friend of mine at a coffee-house in the city, and told him he had got some particular nostrums, by which he could cure several disorders, and said he wanted a house to be furnish'd, but as he was not known he desired my friend to recommend him. My friend came and told me of him, he said he was a foreigner, and that he had seen many notes of hand that he had got of people, and believed he could pay ready money. Upon this the prisoner applied to me for beds and furniture, and I gave him credit. As I was scrupulous of trusting him, he said this is my way of doing business, here is a note of hand for 40 guineas, I'll pay you that. I took it, and inquired where the man lived that had given it to him. I found there was such a man in being, and that he lived in a creditable house. I deliver'd him some goods as quick as I could, on the credit of that note. I deliver'd him goods to the amount of about 100 l. before I got the money. When this note was due I apply'd to the person for payment, and he quibbled with me, and said the covenant of the note was not performed; he said, I'll tell you the truth, it is for a core 16 and so, that the prisoner engaged to cure him in such a time, and had not perform'd the cure, but said, as I have given the note I must pay it. I bid him let his time and I would stay, and at last I recover'd my money. After that the prisoner came to me with another pretence, he told me he wanted his first floor furnished, for he had got a nobleman and a lady to take into his house as patients, that he was to have four guineas a week, and would pay me the money as it arose, adding, you see I live in creadit; you see I have forty guineas for a cure at a time, and I'll pay you honestly. I gave him credit in the whole for 244 l. This being a great deal of money I push'd him from time to time, and got of him fifteen guineas, ten guineas and two notes upon a minor, but could get no more of him. I then heard he had had several trials at Westminster, which appear'd very black. He had bespoke several other goods of me, particularly a Sopha, which he said he could not do without in his parlour. He came once to my house and saw two pictures, drawn by Mr. Worlidge, said he, what shall I give you for them? I said three guineas, but I would not part with them without ready money. He said, me pay you ready money for them, but he did not offer to pay me any, so I did not deliver them. After that, I did not see him for some time. I was going out of town to Canterbury, with a funeral. Then I thought proper to call upon him, to tell him I was going out of town, and wanted a little cash, but I could not get any of him. He said nothing about the pictures then. I told him I should be in town about Friday or Saturday, and desired him to pay me some then; he said at Christmas he would pay me all. Before I came back again he had been at my house and got the two pictures, which my servant can give a further account of. I had desired my servant not to deliver them to him without the money.

Q. Where did the prisoner live at that time?

Peirt. He lived in a house in Bream's Buildings.

Q. What did he pay you by bills and money?

Peirt. He paid me a hundred and fifteen or sixteen pounds; two of the notes in part I have in my pocket now.

Q. When did you first hear of the prisoner's having these pictures?

Peirt. As soon as I came to town (I came to town on the Friday following; I can't recollect the day of the month, but it was in the month of December, about the middle) I went directly to Tower Hill, where he directed my servant to come; it was at a house where he attended three days a week.

William Philips . I am servant to the prosecutor. The prisoner came to my mistress, when my master was absent, for two pictures in gilt frames, and said he wanted them.

Q. Did he give you any reason why?

Philips. No; but he wanted to have them.

Q. Did you deliver them to him?

Philips. I did. My mistress being below, he went to her, and what agreement they made, I know not; but I was called down stairs to deliver the pictures to him?

Q. Who called you down?

Philips. My mistress did. She told me to reach the two pictures from off the nail, for the prisoner to take away with him.

Q. Was this in his presence?

Philips. It was, and I took them down and delivered them to him. He told me when my master came to town, if he would call at such a house on Tower Hill, he would pay him three guineas for them.

Sarah Scott . The prisoner came several times after the pictures (I believe three times) when my master was out of town, and said he wanted the pictures. I told him my master was not in town, and the third time he came, he had them delivered to him.

Q. By whose order were they delivered?

S. Scott. By my mistress's order.

Q. Give an account of the conversation that past between the prisoner and your mistress?

S. Scott. I heard my mistress bid Philips take them down; but as I was at work at some distance. I cannot tell all that past.

Acquitted .

116. (L.) Alexander Tompson was indicted for stealing one looking-glass, and one mahogany frame , the property of Alexander Cumming . ++

Alexander Cumming . The prisoner brought a looking-glass, and offered it to sale to my servant, who told him I would have nothing to do with it, so he took it away again.

Q. Where do you live?

Cumming. I live in Bartholomew Close , and am a cabinet-maker . My servant knowing I had such a glass as that which the prisoner brought, looked round, and missed such a one. Then he ran after him, and brought him back with the glass, which appeared to be mine. I took him before alderman Stevenson, and he was committed.

Q. When did you lose it?

Cumming. It was lost from out of my shop, but I did not miss it till my lad did at that time.

Q. Did you ever see the prisoner before?

Cumming. He used to come to my house, and had been very troublesome to me about a warrant; I am one of the constables of our parish: My servant was obliged to go some way upstairs to call me, and he used to sit at the door the while.

Q. What account did he give before the alderman?

Cumming. He there said his sister bought it and gave it to him.

Prisoner. Ask him what business he had to take my hat and wig, and strip me to the skin.

Cumming. I never saw either hat or wig he had at the time we stop'd him.

William Minsher . The prisoner brought this glass to our door. ( Producing one.) I told him we would not buy it, but I would call my master, which I did, and he did not come directly. I look'd on the glass, and told the prisoner it was our's, after looking about and missing it. Then he went away. I went and told my master, it was our glass. We followed him into an alehouse, where he took up a candlestick, and went to cut me down. I know it to be my master's glass.

Q. to prosecutor. Is this your glass?

Prosecutor. It is my property; I had never sold it to any body.

Prisoner's Defence.

I have not one word to say for myself.

Guilty .

[Transportation. See summary.]

117. (M.) Jane Harland , widow , was indicted for stealing one silver watch, value 4 l. the property of Richard Bentley , privately from his person , February 5 . ++

Richard Bentley . I happened to be a little in liquor, and as I was going up the Strand I saw a woman, who insisted on my going into Marigold Court (I imagine it might be between nine and ten o'clock at night, three weeks ago last Tuesday) and from thence up to her lodgings, where I fell asleep in about half an hour.

Q. Was any body in the room with you besides the prisoner?

Bentley. I saw nobody there but her. I had my watch when I went into the room, but when I came out, I had it not.

Q. How long had you been in her lodging?

Bentley. I imagine, from first to last, it might be an hour. I did not go to bed: I was upon it. When I awaked, she was not there. I felt for my watch, and it was gone. After that a soldier came, and told me the prisoner had given him the watch. I went to justice Fielding's, and there I saw it. The prisoner was taken up, and she said to me, if I appeared against her, she should be transported, and beg'd I would not appear.

John Harding . The prisoner delivered a watch to me last Saturday was a fortnight, and desired I would pawn it, but I would not; I had heard the prosecutor say he had lost a watch, so I told my landlord of it, who desired me to get it if possible, that the prosecutor might have it again. Then I went to her, and told her I would pawn it for her, but she would not deliver it to me till we got to the pawnbroker's door. Then I took her by the hand, turned her about, and bid her go along, and carried it to my landlord; it was afterwards produced before justice Fielding, and the prosecutor owned it.

Joseph Dickin . I keep a publick-house. The prosecutor and prisoner came into my house and call'd for a pint of beer, which they drank, and wentaway. I hearing afterwards that a coachman had lost a watch, and she had stole it, I desired the soldier Harding to get it of her, that I might deliver it to the owner. He went and got it, and brought it to me that very night. Then I said I would have it advertised, and he should see me deliver it to the right owner. The prisoner came into my house afterwards: I told her I would take her to justice Fielding if she came to my house any more; but she soon came again. Then I took her to justice Fielding, and there she told me where the coachman lived. I went and carried the watch to him, and he owned it directly. Then I went to Mr. Fielding, and he told me to deliver the watch into the constable's hands, which I did, and desired the constable last night to be here, but he is not come.

Prisoner's Defence.

I went in at the Red Horse, in Exchange Court, to have a pint of purl, and the prosecutor was drinking some hot, so he asked me to drink with him, which I did. Then he asked me where I lived. I said in the Strand. He desired to go home with me, which he did. We had some more liquor, and then lay down on my bed. I said he should not stay without he would give me some money, so he left his watch with me for a crown. I went to this soldier Harding, and asked him to pawn it for a crown; he was with me three or four hours.

Q. to prosecutor. Did you deliver your watch to the prisoner to pawn?

Prosecutor. No, I did not.

Guilty of stealing, but not privately from his person .

Guilty.

[Transportation. See summary.]

118. (L.) Zachary Dixon was indicted for stealing five pounds and a half of sugar , the property of persons unknown, Jan. 28 . ++

[Transportation. See summary.]

119. (L.) Joseph Smith was indicted for stealing one hempen sack, value 6 d. and 200 pounds weight of sugar, value 7 l. the property of Richard Quelch , Feb. 12 . +

Richard Quelch . On the 12th of this instant I employed one Thomas East to carry a sack of sugar to the Peacock in Clare Market; it was pack'd up in order to go down into the country, 200 wt. the sack was borrowed, but the sugar was mine. I delivered it on East's back, and the prisoner was along with him, who was detected in selling of it. East is not yet taken.

Thomas Jenkinson . The prisoner and another man brought a sack with about 200 weight of sugar into my house; and had a pint of twopenny; they offered to sell the sugar in the house, and gave me a little bit to look at. I said, what do you ask for it? Said the prisoner, take this lump at any price, take it at half a crown, which made me suspect it was stolen. I said, tell me where you had it, you shall not carry it out of the house. He said he had it in Thames Street. Said I, did the master or servant deliver it to you? He said it was the master, and that they were to carry it to some inn. I said, then how came it here? I will send for a constable. Then the other man ran away. The constable came, and I gave him charge of the prisoner. We inquired at one place and another in the neighbourhood, and at last found the owner, who came and own'd it. Then we sent the prisoner to the Compter, and the next day he was taken before a magistrate, and committed. The constable deliver'd the sugar to the prosecutor.

Prosecutor. It was delivered to me all but one loaf of about ten pounds, which was missing. I verily believe it was the same which I delivered to East to carry for me; the sack was the same, and it was brought back to me in two sacks; they had put part of it in a coal sack.

Joseph Noon . I am a constable, and the prisoner was delivered into my charge. I never saw the other man. The prisoner said if I did not prosecute East, he would prosecute me for detaining him the sugar was in two sacks.

Prisoner's Defence.

The other man carried the sugar into the alehouse, and told the landlady to let it abide there till he came. She said she would leave it with nobody else but me. He said he had got a wife and two children in the country; that he belong'd to the Lancaster man of war, and dared not go into the country. Said he, I keep a woman company, and she has newly lain-in; I fancy I must not send my wife all this sugar, but sell some of it to keep the woman that lies-in. This was East, the man that the gentleman hired for a porter. I was very much in liquor, and can't say but I did offer it to sale.

For the Prisoner.

Thomas Milbourn . I sell coals; the prisoner has carried out coals for me. I know nothing to the contrary but that he is an honest man.

Ann Lawrance . He lodges in the house where I live, and has done for two years. He kept good hours and behaved as an honest man. I never heard any ill of him.

John Gold . I have known him three years, he is honest as far as ever I saw by him; he works at the same business as I do.

William White . The prisoner has work'd many a hard day's work with me. I have known him three or four years, he bears a very good character. As for the coal sack, a partner of mine lent the prisoner that.

Acquitted .

120. Sarah wife of Charles Smith was indicted for stealing one cheque shirt, value 2 s. the property of Ralph Dodwin , February 11 .

No evidence appearing she was acquitted .

121. (M.) Susannah Hanby , widow , was indicted for stealing one pig, value 8 s. the property of Allen Spensley , February 15 . ++

Allen Spensley . I lost a pig; the watchman brought the prisoner and a pig to my house. I cannot swear to the pig because it was dead.

Samuel Bishop . The prisoner came to my stand about three o'clock in the morning, in Long-Lane. I asked her what she had got, she said she had got a pig. I look'd and saw a dead pig. I asked her where she had it, she said at Mr. Spensley's. I insisted on her going to the watch-house to know whether she came honestly by it.

Thomas Andrews . Mr. Bishop desired me to go to Mr Spensley's, at Clerkenwell, to ask if he had sold a pig to a woman. I went, and he said he had not sold one, but he had lost one.

The prosecutor's man swore that the pig was his master's property.

Prisoner's Defence.

I am not guilty.

Guilty .

[Transportation. See summary.]

122. (M.) Thomas Jones was indicted for stealing one piece of black knit worstead, for a waistcoat, value 6 s. and one piece for breeches, value 6 s. the property of Richard Stretton , February 14 . +

Richard Stretton . The prisoner was my servant . I lost sundry goods, but have only laid the two pieces in the indictment which I found at the White-Hart, in Foster-Lane, on the 14th of February. I had taken a green piece out of his pocket, which was in the kitchen, as I went to wash my hands. I saw it stand bunching out, so I charged the prisoner with taking it, and he confessed he had stolen these two pieces, and sold them to David Jones , a taylor, where I found them.

Q. from Prisoner. Was it not in our agreement that I might sell goods to any of my acquaintance, and be allow'd a profit?

Stretton. I had a good character with the prisoner. I never allow'd him to carry any goods out, but told him, that if he behaved well, and his acquaintance wanted any thing for ready money, if they came to the shop he should have a profit what they bought.

David Jones . I am a taylor, I order'd these goods, and they were sent me; his master was backwards, and I gave him the order. I have heard Mr. Stretton say since that, that he gave the prisoner liberty to sell goods in the shop, and to have the profit of them, to his acquaintance.

Acquitted .

He was a second time indicted for stealing one piece of green knit worstead for breeches, value 5 s . the property of Richard Stretton , Feb. 14. +

Richard Stretton . I went into the kitchen to wash my hands, and not finding a towel I look'd in the drawer, where I saw the prisoner's coat with the pocket bulging out; I looked into it, and took out a piece of green worstead for breeches [produced in court, and deposed to.] I went up stairs and mention'd it to some ladies, and desired two of them to go down; they went and saw it, and I charged the prisoner with taking it; he denied his having any intention to rob me of it, said that he intended to sell it and bring me the money, and that he was to carry it to Westminster to a man to sell.

Catherine Rich and Fanny Thompson deposed to the same account.

The prisoner said nothing in his defence, but call'd John Lloyd , who had known him fourteen years, John Nichol , five months, Richard Lacey , seven years, John Jones , two or three years, Hugh Williams , two years and a half, Morris Evans , about three years, and Jeffery Roberts, about nine months, who all gave him a very good character.

Guilty .

[Transportation. See summary.]

123. (L.) Mary Edwards was indicted for stealing one quart pot, value 18 d. and five pewter pint pots, value 4 s. the property of Jane Nix , Feb. 19 . +

Jane Nix . I have lost many pewter pots.

Q. What are you?

J. Nix. I keep a publick house in the Fleet market . On the 19th of February the prisoner came to my house and called for a pint of beer; some company went out of a box, and she went and sat there, soon after which I found a quart pewter pot in her apron, and took it from her; she said she never did such a thing before, and beg'd I would excuse it.

Q. Was she got up to go away?

J. Nix. No, she was not; then I bethought myself to look for more, and found 5 pint pewter pots hanging round her under her petticoat by strings.

Q. Where was she then?

J. Nix. About a yard or two from the box.

Q. What did she say for herself?

J. Nix. She beg'd forgiveness, and said she had never done so before, and own'd she had taken them with intent to carry them away.

Q. Did you know her before?

J. Nix. I have seen her in my house two or three times before.

Q. What is she?

J. Nix. Her husband is a labourer. She said she met a woman that asked her if she had any pewter to sell, who offer'd to give her a groat a pound for what she could get. (The pots produced and deposed to.)

Samuel Snipe . I was drinking at the prosecutrix's house, on the 19th of February; she came into the back room to two or three friends, and told us she saw a woman stealing a quart pot; we desired her to go and challenge her with it, which she did, and found the pot; then she was going to turn her out of her house, but said, perhaps she has got more; then she brought her into the room where we were drinking, felt about her and said here is another, it hangs by a string; she broke the string and took that, then another, and then another, till she found five pint pots, hanging about the prisoner by strings.

Q. Was the prisoner going away with them?

Snipe. The prosecutrix was going to push her out, and the prisoner was going out; had not the prosecutrix bethought herself to search farther.

Andrew Warden and Thomas Round , being in company with the last witness, confirm'd the same account.

Prisoner's Defence.

I was there and had two or three half-pints of beer; Mrs. Nix came and pull'd me out of the box where I was sitting, beat me with a quart pot, and tied me very ill; I am all black and blue now. I have some witness to call to my character.

For the prisoner.

Richard Rhodes . The prisoner's husband has worked for me two or three years; I know of no dishonesty by her besides this.

Q. How long have you known her?

Rhodes. I have known her seven years.

Theodofia Cotton. The prisoner lived in the house with me near two years, she is a very honest woman. I have trusted her, in my apartment, and never lost any thing by her, or heard any ill of her. I wash for people and have trusted her where there has been 20 l. worth of linen at a time.

Eleanor Jones . I have known her from a child.

Q. What is her character?

E. Jones. I know nothing of her but that she is honest.

Elizabeth Rhodes . I have known her some time, I never knew any ill of her.

John Arnold . I never saw the woman three times before this misfortune, but her husband was a brother watchman with me, and I have heard she bears a good character.

Guilty .

[Transportation. See summary.]

124 (L.) Joshua Holmes was indicted for stealing one rheam of Genoa paper, call'd Fool's-cap, value 5 s. the property of Kewick Peck , February 14 . ++

James Gow . I am a merchants watchman upon Galley Key. I saw the prisoner going into the gateway, near the key. I thought he had taken something; I laid hold of him, and found a rheam of paper, I deliver'd it into the custody of my master, Mr William Lickiss .

Q. What time was this?

Gow. This was on the 14th of this instant, about four o'clock in the afternoon.

William Lickiss . This paper was deliver'd to me by the last evidence, on the 14th of this instant, about four in the afternoon. (Produced in court.)

Kewick Peck. This paper is my property. It is fool's cap, it came on board the Defiance, consign'd to me from Leghorn. I had several bales of it.

Prisoner's Defence.

I found this paper in the gateway, between five and six o'clock in the evening.

He call'd Richard Badham , who had known him about thirty years, Martha Scarret , about three, and Thomas Austery , eighteen or twenty, who all gave him the character of an honest man.

Guilty .

[Transportation. See summary.]

125. (M.) Emanuel Roze was indicted for having committed that detestable crime called buggary, on the person of Joseph Churchill , January 20 ++

The prisoner pretending he could not talk English, an interpreter was sworn, but it appeared he could speak English very well.

Joseph Churchill . I am an apprentice to Mr. Braslet, a watch-maker , in East Smithfield , and my fellow apprentice ( Charles Horn ) and I used to lay together. We had some words, and he struck me on the 20th of January. Then my master came and ordered us to bed. Horn bid me to make the bed, but I would not because he had beat me. Then he tuck'd up the bed as small as he could, for only himself to lay in it, went to bed, and would not let me lay with him. I was sitting on the prisoner's bed in the same room. The prisoner said, here is room enough in my bed, so I went to bed to him; and in about a quarter of an hour he got my legs between his, and his arm round my neck; here he proved the fact laid in the indictment, which is too indecent a subject to be particular upon. I struggled to get away, but could not. I called to Horn several times, and he answered me but once, saying, he would not get out of bed for me. I told Horn how he had used me the next morning.

Q. Did any body lay near you?

Churchill. If I had made a very great noise, nobody could hear me besides Horn, the family laying two pair of stairs lower.

Q. When you called to Horn, did not you tell him the reason of your calling?

Churchill. I said, let me come into that bed, for I do not know what he will do with me; I believe he will ruin me if you do not come to help me out. This was on the Sunday night, and on the next morning I told Horn of it. On the Friday following I told my mother of it, which was as soon as I saw her; she lives in the Fleet Market.

Q. Did not you tell your master of it?

Churchill. No, I did not, for I was afraid he would make a noise about it. I had went once before with an intent to tell my mother, but she was not at home.

Q. Did the prisoner ever ask you to go to bed afterwards?

Churchill. No. He is a sailor , and was going on board the next morning, but the captain would not take him, so he came back again.

Charles Horn . I am twenty years of age next June. After the boy had been in bed with the prisoner about a quarter of an hour, I heard him cry out, be easy, old Bell; a name the prisoner went by among his countrymen.

Q. Did you hear him call out in any other words?

Horn. I heard him repeat that twice: I heard him say no more than those words all that night.

Q. How long had the prisoner lived in the house?

Horn. About six or seven weeks. The next morning Churchill told me that the prisoner offered him a silk handkerchief to lay still, and that the old man ( meaning the prisoner) had had to do with him. I asked him how. He said he was ashamed to tell me, and he never told me any farther.

Q. How near did your bed stand to the prisoner's bed?

Horn. From the side of my bed to the feet of the prisoner's bed, is about four feet.

Q. How came you to keep the boy out of your bed?

Horn. He heaved a bit of a tobacco-pipe at me, so I gave him a blow, and the bed not being made, he said he would not make it, and I said, then he should not lay in it.

Q. Upon your oath, whether the boy did not call upon you several times, complain, and desire your assistance?

Horn. I heard him say no more than the words I have mentioned.

Q. Did you make him no answer at all?

Horn. I don't remember that I did; there was a countryman of the prisoner's in the same bed with them.

Q. to Churchill. Was there another man in bed with the prisoner and you?

Churchill. There was; it was one of his countrymen; he lay on the other side of the bed, and the prisoner in the middle.

Q. Where is he?

Churchill. I do not know.

Q. to Horn. How did you understand that of the old man's having had to do with him

Horn. I understood it was something of this nature.

Q. How long was it after this before the prisoner was taken up?

Horn. He was taken up on the Sunday morning following.

Q. Did your master do nothing in it?

Horn. I believe he knew nothing of it till the constable came to take the prisoner up.

Ann Churchill , the boy's mother, deposed, That the boy told her of this affair on the 26th of January, mentioning the several circumstances, which, for decency sake, we omit; and that Martha Williams and Mary Amphlet were with her at the time; they were called in separate, and all gave one and the same account.

Prisoner's Defence.

There was another man lay in bed with me, and he is gone I know not where. The boy came into bed to us, and I lay in the middle. I used to beat the boy for being saucy, and this, I imagine, is done out of spite against me.

For the Prisoner.

John Brasset . The prisoner lodged at my house; he went to bed drunk on the Sunday night, and another of his countrymen lay with him. My two apprentices lay in the same room, in another bed. I examined the boy, and heard nothing of this till the Sunday following. When the prisoner was taken up, the boy went out of my house every day of his life, and he never went out but he would call upon his mother, and would stay a long time on errands. I sent him that day on which he says he told his mother, at half an hour after three, and he never came home till nine in the evening. He went every day that week to a finisher at Westminster; he has been with me about six months, and is a very silly, empty boy.

Q. What is Horn?

Brasset. He is a good civil lad enough; he has made complaints to me that he did not chuse to lay with Churchill, because he used to be always hugging and bussing him, and that the boy once said to him, you are very rankey, it is a wonder you do not love me as old Bell did, taking hold of his private parts, using an abscence word. I have seen the boy hang over him in the kitchen and kiss him, and the other would knock his head away. The prisoner has got the foul disease now, and he had it then.

Q. What reason have you to think so?

Brasset. Because he cannot go to the whores our way but what he must get it immediately.

Charles Thomson . The boy told it in my hearing, and that it was done on a Monday night.

Q. How did he say he knew it was on a Monday?

Thomson. He said he asked his fellow apprentice what day it was, and he said it was on a Monday, on which account I went and brought several people to prove him on board a ship; he went also a whoreing that Monday night.

Brasset. There were five Portuguese lay in the next room to them, who could all speak English; and if the boy had made a noise I could easily have heard him, and I would have gone up with my sword and ran him through the body.

Q. How long had the prisoner lodged with you?

Brasset. He had lodged with me about two months before this affair.

Q. Does the prisoner owe you any money?

Brasset. Yes, about two or three and thirty shillings.

Q. to Horn. Did you hear what your master has said about the boy's talking to you, and taking hold of your private parts?

Horn. He never touched my private parts.

Acquitted .

See Numb. 182. in Sir Richard Glyn's mayoralty.

126. (L.) Mary Newton , spinster , was indicted for stealing one pair of silver shoe buckles, value 10 s. and one pair of metal shoe buckles, value 6 d. the property of John Sands , Jan. 13 . ++

John Sands. The prisoner lodged at my house: she had been my servant, but was out of place. I lost a pair of silver and a pair of metal buckles, which were found again in her pocket.

James Bedford . I took a pair of silver and a pair of metal buckles out of the prisoner's pocket [ the buckles produced, and deposed to.] The prisoner said she knew nothing how they came into her pocket; she was very much in liquor.

Elizabeth Sands. I am wife to the prosecutor. I had these buckles in my shoes on the 29t h of January, and on the 30th they were gone; the prisoner lodged with some people in our house.

Prisoner's Defence.

I never saw the buckles, and know nothing how they came there.

For the Prisoner.

Sarah Bond . The prisoner being destitute of an home I took her in, and have always found her just and honest. I gave her a good character and she said almost three months in her place, but she was too weak for it and was forced to come away, but with a good character. After that Mrs. Sands took her to a bawdy-house, and call'd for a quartern of rum. I believe all this is owing to Mrs. Sands being jealous of her, for Mr. Sands told me he was obliged to prosecute, or he should have no peace; and Mrs. Sands told me with her own mouth, she never found her guilty of any thing amiss.

Acquitted .

127. (M.) Ann, wife of Richard Cowdery , was indicted for stealing one silver spoon, value 8 s. the property of Thomas Reed , February 15 . ++

Thomas Reed . I keep the Black Bear , in Piccadilly ; I missed a silver spoon the 15th of this instant, about two o'clock in the afternoon; the prisoner had been at our house that day. There was the name upon it, William Biddle , Black-Beat, Piccadilly, the man's name that kept the house before I came.

Mr. Pinner. I am journeyman to Mr. Capriell, silver-smith, in New-Street, Covent-Garden; the prisoner came yesterday morning about ten o'clock and asked me if I would buy an old spoon; I saw the name on it, and ask'd her whose it was; she said it did not signify whole it was, so I stop'd her and the spoon too. Then she own'd she was guilty of taking it and hoped I would forgive her.

Prisoner. I have done a fault and am sorry for it.

Guilty .

[Transportation. See summary.]

128. (L.) Elizabeth Partridge , otherwise West, otherwise Fitz Morris , was indicted for wilful and corrupt perjury . ++

Acquitted .

Thomas Hartshorn , capitally convicted in December sessions, and Peter Hopgood , in January sessions, were executed, pursuant to their sentence, on Monday the 11th of February.

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

Received sentence of Death 3.

John Guest , Thomas Smith , and William Beckwith .

Transportation for seven years 27.

John Ambery , Charles Johnson Shaw , Zachary Dixon , Alexander Tompson , Mary Edwards , Joshua Holmes , Saunders Solomon, Hopkins Driver, Walter Marsh , Ann Stevens , Sarah Parden , Ann Hewet , Alice Jones , Rachael Davis , Thomas Jones, Henry Marden , Mary Wilcox, Margaret Macguire , Jane Harland, Ann Fearey , William Davise , Alice Clark , Thomas Smith , Margaret Murphy , Daniel Dailey , Jane Furnish , and Ann Cowdery .

To be branded I.

Susannah Hanby.

To be whipped I.

John Newton.

Thomas Hartshorn , capitally convicted in December sessions, and Peter Hopgood , in January sessions, were executed, pursuant to their sentence, on Monday the 11th of February.

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