Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 August 2014), September 1760 (17600910).

Old Bailey Proceedings, 10th September 1760.

THE PROCEEDINGS ON THE King's Commissioners 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 10th, Thursday the 11th, and Friday the 12th, of SEPTEMBER.

In the Thirty-third Year of His MAJESTY's Reign. NUMBER VII. for the YEAR 1760. Being the Seventh 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 for Newgate, holden for the 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; Mr. Justice BATHURST, * Sir WILLIAM MORETON , Knt. Recorder; ++ and others of His Majesty's Justices of Oyer and Terminer for the said City.

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

London Jury.

William Edwards

Samuel Willson

Thomas Ball

Richard Willson

Henry Badker

Thomas Wintle

John Leech

Henry Bland

Richard Anslow

Thomas Rossiter

William Hornby

Charles Norwood

Middlesex Jury.

Edward Anderson

Thomas Fowler

William Lambert

William White

Thomas Abbott

John Collins

Thomas Ridge

John Clarke

Ed. Lambert Lamburn

Thomas Bird

Laurence Drummond

Thomas Calcott

243. (L.) William Ridley and Benjamin Hixon , were indicted for stealing 2 pigs , the property of Richard Tomlinson , August 22 . They were a 2 d. time indicted for stealing one duck, 2 cocks, and 2 hens , the property of William Alexander , Esq ; They were a 3 d. time indicted for stealing 2 pigs , the property of Sarah Fuller .

To all which they pleaded Guilty .

[Transportation. See summary.]

244. (L.) Sarah Davis , spinster , was indicted for stealing 2 pillowbears, value 2 s. 3 linnen bibs, value 6 d. 2 pair of cotton stockings, one muslin handkerchief, value 9 d. one laced cap, one muslin tucker, one sattin ribbon, one piece of lace, one diaper table-cloth, one piece of linnen, and one linnen clout , the goods of Abraham Fray , August 20 .

To which she pleaded Guilty .

[Transportation. See summary.]

245. (L.) John Driver , was indicted for stealing one yard of silk ribbon, value 7 d. one lac'd hood, value 4 s. one silk handkerchief, value 3 s. and one cotten handkerchief, the property of Ann Flight ; one muslin apron, one gause handkerchief, and 2 silk handkerchiefs, the property of Mary Flight ; one pound of India soap, and one handkerchief , the property of Peter Macleshan , August 29 . ++

Mary Flight . My sister Ann is a milliner , I live with her in Cornhill; we had lost things several times, and we suspected the prisoner.

Q. What is he?

M. Flight. He is a ticket-porter , he us'd to shut up the shop; we laid things to catch him, the piece of ribbon was one; when they were gone we took him up, and he delivered up the key of his room, and we went and searched, and found the things mentioned in the indictment (mentioning them by name) (produc'd in court, and depos'd to) as part her sisters and part her own, and the handkerchief as the property of Mr. Macleshan.

Q. Where were the things taken from?

M. Flight. They were taken from out of the shop.

Peter Macleshan . I belong to the sea, I had some India soap which was missing, it was found at the prisoner's house; I am certain it was my property, there is no such soap in the country; I heard the prisoner charg'd with taking the things mentioned, and he own'd he did.

Prisoner's Defence.

I have some witnesses to my character; I bear a great character, and I believe very justly.

For the prisoner.

David Solomon . I have known the prisoner 10 or 11 years.

Q. What is his character?

Solomon, He bears a very good character, he always was a good man.

John Hubbard . I have known him 9 or 10 years, I always took him to be a very honest man; I found him to be so, he has gone with a great many jobbs for me, and always behav'd very just.

Mr. Wallis. I have known him 7 or 8 years.

Q. What is his general character?

Wallis. It is that of an honest man; I have trusted him with several things.

Mr. North. I have known him about 3 years, he bore a good character, that of an honest man.

Mr. Parker. I have known him 30 years, or upwards; he always bore a good character.

John Patterson . I have known him 3 years come Michaelmas-day, I never heard any ill of his character.

Guilty .

[Transportation. See summary.]

246. (M.) Bartholomew Savage , and Hugh Collins , were indicted for stealing one hand saw, value 2 s. one head plane, value 6 d. the property of Christopher Horner ; one plow plane, one stock and bitt, value 6 s. one trying plane, one moving pillaster, the property of James Leddell ; one hand saw, one plow plane, one rabbit plane, one O G plane, the property of George Livesay ; one plow plane, the property of John Lions ; one hand saw, the property of Robert Curry ; one tennant saw , the property of Samuel Henshaw Trurable , August 10 .

Christopher Horner . I was at work at Farmer street, Shadwell; I lost a hand saw, and a head plain, on the 10th of August; I know nothing of my own knowledge who took them; I saw them again, and swore to them before justice Fielding.

James Jones . I am an officer (he produc'd the saw and plane)

Horner. These are my property, and what I lost at that time.

Jones. I found these tools in the room of one Elizabeth Nash , in Turnmill-street, Clarkenwell; she declar'd before justice Fielding they were brought into her room one sunday morning by the 2 prisoners at the bar; it was by the information of the prisoners that the things were found, after they were taken up; Savage was first taken up on the account of other tools.

Q. What did you find in Elizabeth Nash 's room?

Jones. I found 2 hand saws, one pannel saw, one jack plane, one O G plane, one smoothing plane, one bead plane, one rabbit plane, and I think one turkey oil stone, but I am not sure of that.

Q. What did Collins say?

Jones. He confess'd to another bag of tools that I found in Swan alley, at a pawnbroker's; they both said they were parties concerned; there I found an axe, a chissel, a trying plane, a moving planter, one O G plane, a hollow plane, a rabbit plane, and a head plane.

Q. Did Savage confess he was concern'd in taking these tools?

Jones. He did, in my hearing; they confess'd both of them before the justice that they took the things; they did not name the owners names, but mentioned the places where they took them from.

James Leddell . I lost a plow plane, a stock and bitt, an oil stone, a trying plane, a moving pillaster, a bead plane, and a chissel (produc'd in court, and depos'd to.)

Q. Did you hear the prisoner confess any thing?

Leddell. I heard Collins say he broke in at the door at one of the places; and I heard Savage own he was at the taking the things mentioned; but Collins said, he only took things at the last time they went.

Q. Where did you hear this?

Leddell. At justice Quarrill's.

Q. What things did you lose the first time?

Leddell. The plow, the stock and bitt, oil stone and bead plane.

Savage's Defence.

These things that they found in my lodgings I do not know how they come there; it is an open room, I had no room to myself, I had no lock or key upon any thing.

Collins's Defence.

I know nothing at all about the things.

Both Guilty .

[Transportation. See summary.]

247. (M.) John Dennison , was indicted for stealing 2 linnen sheets, value 5 s. 2 blankets, value 10 s. one quilt, value 4 s. one linnen counterpane, value 1 s. one silk gown, value 30 s. one callico gown, value 15 s. 2 dimity petticoats, value 10 s. one silk cardinal, value 20 s. one silk bonnet, one waistcoat, 2 callico window curtains , the property of Mary Sibley , widow , July 12 .*

Mary Sibley. I live at Waltham cross , in the parish of Chesson ; the prisoner lodg'd one night in my house.

Q What house do you keep?

M. Sibley. I keep a public house ; the next morning he was gone, and I miss'd 2 silk gowns, a callico gown, 2 dimity petticoats, a flower'd or stripe cardinal, a bonnet, a red and white stripe flannel waistcoat, a pair of sheets, a pair of blankets, a quilt, and a counterpane.

Q. Where did you lose them from?

M. Sibley. From out of the room the prisoner lay in.

Q. When did you miss them?

M. Sibley. I miss'd them on the 12th of July in the morning.

Q. Have you seen any of your goods since?

M. Sibley. I saw them since at a public house at Newington; there they had secur'd the prisoner.

Q. What did the prisoner say?

M. Sibley. He said nothing, but hop'd I would be favourable to him.

Q. Did he own that he took the things?

M. Sibley. He did not deny it.

Q. Did you charge him with taking them?

M. Sibley. I did.

Elisha Webb . I am an officer at Newington; John Glass called me up, and said a person had been robb'd, and that they believed they had got the person that did the robbery in hold; I went with him; he gave me charge of the prisoner at the bar.

Q. When was this?

Webb. This was rather before 6 in the morning on the last day of the last sessions at Hicks's hall; I do not know the day of the month; the things were in a cart when he was detected; the prisoner said they were his property; they also were delivered into my care; he was ask'd where he came from; he said, he lodg'd at Mrs. Sibley's. (The goods produc'd in court, and depos'd to by the prosecutrix.

Prisoner. He says, I said they were mine; I did not know any thing of them, till they were found upon a country cart.

Q. to Webb. Did you hear the prisoner say the goods were his?

Webb. I did; he said several times they were his.

John Glass . A man came and told me, a Man had had some stakes at Waltham cross, and had gone away and robb'd his lodgings of things of great value, and described him; he had not been gone many minutes before a cart came up to the door, and the prisoner came from under the tilt of the cart, and went up in a corner to make water. I followed him into the house, he call'd for a pennyworth of beer; I said to the man of the house, according to the description just given, this is the man that has done this robbery; he said, perhaps he belongs to the cart; we ask'd the man that drove the cart, if he knew any thing of him; he said, he was to bring him to London for six pence; I said, have you got any bundle of his? he said he had; then we took him upon suspicion of this robbery; then I went to fetch a constable.

Q. Where was this?

Glass. This was at the White Hart, just on this side Newington, in Hornsey parish, we took the bundle from off the cart.

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

Glass. I, going for the constable, did not hear what he said.

Tho Boote . I was by when the prisoner was seized, and I took care of him while Mr. Glass went for a constable. As soon as the bundle was brought into the house, and pitch'd down, the prisoner said it was his bundle. I ask'd him in particular if it was his; he said it was. After he was secur'd, he then own'd he had robb'd his lodgings. I ask'd him, if any others were concerned with him; he said there were two men, but he did not know their names.

Q. Did he say where his lodgings were?

Boote. He said they were at Waltham.

Prisoner's Defence.

I was going a harvesting; I call'd in at the prosecutrix's house with a bit of beef stake, to have a sup of beer, and to dine; the woman dress'd my stake, and the people were playing at skettles, and two men were going to play at backsword; there was a corporal that drank with me till between twelve and one; I was so much in liquor I could not go up to bed; they got me to bed, and there was somebody with me, who it was I don't know; how these things were taken away I don't know; I did not know they were there, or that I had any hand in it, till I came before the justice.

Guilty .

[Transportation. See summary.]

This is the same person who was admitted an evidence by the name of John Child , against John Guest , Peter Mason and Thomas Henfield , for stealing lead from off of Stepney church. See No. 195, 196, 197, in Sir Richard Glyn 's mayoralty. He was since convicted at Stafford.

248. (M.) James Jackson , was indicted for stealing one copper pottage pot and cover, value 10 s. the property of John Clackstone , July 23 .*

John Clackstone. On the 23d of July I lost a pottage pot and cover from my door.

Q. Did you ever see them afterwards?

Clackstone. Yes; they were pawn'd with Mr. Fell; the prisoner was stopp'd, by which means I came to the knowledge of it; I had not miss'd it till I had word came about it (produc'd in court, and depos'd to.)

Thomas Harrison . I am servant to Mr. Fell, a pawnbroker, I took in this pottage pot about 9 in the morning, on the 23d of July, the prisoner brought it to pledge with me.

Q. What did he ask upon it?

Harrison. I lent him half a guinea on it; about 2 hours after he brought another, and asked half a guinea upon that; I ask'd him whose it was; he said it was his brother's; I told him I must see his brother; he carried me about for about 2 hours, but no brother did I see, nor did he carry me to any body that own'd it; then I took him before justice Welch; there he confess'd where he stole them both. Then I went and acquainted Mr. Clackstone with his, and the constable went to the other prosecutor.

The prisoner being call'd upon to make his defence; he produc'd a paper, desiring it might be read; which was to this purport.

May it please your Lordship, the prisoner at the bar humbly begs leave to say in his defence, that being prevailed upon to drink to excess by some company, he unfortunately met with on the day in which he is charg'd with having committed the facts alledged against him in the indictment; and not being accustomed to drink in that manner, his senses were so far intoxicated thereby, that he cannot recollect any thing of the affair; and having nothing farther to urge in his defence, he humbly submits his case to your Lordship and this honourable court, on whose candour he begs leave entirely to rely.

For the prisoner.

Mrs. Wood. I have known the prisoner ever since he was a child, he has had very good learning, he was bred a coachmaker, I have heard his master Mr. Jacob's say, he never wrong'd him in his life; I never heard any ill of him till this thing, which every body wonders at.

Guilty .

There was another indictment against him for the other pot and cover.

[Transportation. See summary.]

249. (M.) Ann Bell , and Ann Bassey , spinsters , were indicted for stealing one gold ring, value 9 s. one cotton gown, value 10 s. one pair of stuff shoes, value 1 s. one pair of metal buckles, value 3 d. one linnen waistcoat coat, value 5 s. one linnen apron, value 3 s. one flat iron, value 6 d. one silk handkerchief, value 1 s. one flannel waistcoat, value 2 d. 2 linnen shifts, value 2 s. the property of Philip Wood , August 7 .*

Jane Wood , I am wife to Philip Wood ; I lost the goods mentioned in the indictment (mentioning them by name) on the 7th of August last.

Q. How did you lose them.

J. Wood. I was very ill, and my husband was out of town; I lay down on the bed, not having much sleep for several nights; Ann Bassey came in. I desired her to sit down, and if any body came in for her to awake me; I thought I could have trusted her, and while I was fast asleep, my hand, with my wedding ring on my finger, being on the outside the bed, she took my ring off, it was rather too big for my finger, and she took the other things mentioned, and went away; when I awaked I miss 'd her and them.

Q How do you know she took them; you say you was asleep?

J. Wood. There was nobody there but she.

Q. What is the other prisoner?

J. Wood. The other prisoner is a stranger.

Q How long do you think you slept?

J. Wood. I might sleep near 3 hours; I awak'd before my husband came in; I was so astonished at missing my shoes and buckles, and ring, that I did not look for the other things till after my husband came home. After this, the prisoner had the impudence to come the next night, and went up stairs to bed, knowing I had beds in the house; I had her secur'd and taken to the watchhouse, and they let her go again; and I being ill, could not get her again for several days; when I charg'd her with taking them, she own'd, she went to pawn the things that same afternoon that she took them.

Q. What do you say to Ann Bell ?

J. Wood. She had my shoes and shift on; they were taken from her at the constable's house; she was taken 7 or 8 days after the other prisoner.

Q. Did you ever see Ann Bell in your house?

J. Wood. No, never in my life till she was taken.

Samuel Spencer . I am a pawnbroker; my servant took these things in on the 7th of August when I was out, I knew nothing of it till Mr. Welch sent for me; there was the prisoner before him; she there acknowledged she had pledg'd such things at my house (he produc'd a gold ring, and a cotton gown) deposed to by prosecutrix.

Q. What was lent upon them?

Spencer. There was 8. on the ring, and 5 on the gown; I took them to Mr. Welch; there the prosecutrix swore to them; the prisoner there own'd she took the ring from her finger, and the gown from out of her room.

Q. to Spencer. Do you know any thing of Ann Bell ?

Spencer. No.

Bassey's Defence.

The prosecutrix keeps a disorderly house; there are lodgers there every night; she was in liquor when I was with her; I never took care of her house in my life; there was a man lying on the bed with her.

Bassey Guilty .

Bell Acquitted .

[Transportation. See summary.]

250. (M.) Sarah Walker , was indicted for stealing one serge waistcoat, value 4 s. the property of John Flavel , August 21 . ++

Elizabeth Druit . Mr. Flavel is a master slopper .

Q. What is that?

E. Druit. He keeps a slop-shop for seamen , he gives me out work at the first hand, and I imploy people under me; I imploy'd the prisoner to make serge work, or any thing I had to do (she produc'd the serge waistcoat) this I had of Mr. Flavel, it is his property, I did not know that the prisoner had this waistcoat, or that it was out of my house, till I catched the prisoner a making of it.

Q Did she work at your house?

E. Druit. She did with me.

Q. Where did you find it?

E. Druit. I found it upon her in her own room where she lodg'd, and Mrs. Anderson found the lining to it between the bed and the sacking.

Q Did you give her authority to carry this out of your house?

E. Druit. No; she had no authority for that.

Q. How came you to go to her lodgings?

E. Druit. I had given her a waistcoat to make, and I went after that.

Q. What did she say when you found it upon her?

E. Druit. She said, she took it to make a present of it to a man that she kept company with. She said she would clear the man, for she took it, and made him a present of it.

Elizabeth Anderson . On the 17th of the last month Mrs. Druit my Mrs. whom I work'd for eleven years, came and got me to go to see what I could get out of the prisoner, about some work she had lost; I went into the prisoner's room at unaware to her; she was at work upon the sleeves to this waistcoat; I said, that is my Mrs's waistcoat; she got up and lock'd the door, thinking somebody else was coming; I took one of the sleeves, and throw'd it out of the window to my Mrs. then she opened the door, and let my Mrs. in.

Q. Did you hear her confess any thing?

E. Anderson. I heard her own before the justice she took this waistcoat without her mistress's leave; I found the lining to the waistcoat hid under the prisoner's bed.

Prisoner's Defence.

Last monday was 5 weeks I went to the prosecutrix's house for work, my child was sick, and I us'd to work at her house, but I had then work from her at home, and I staid at home on the monday to wash my cloaths; she had given me a waistcoat to make, she measured 5 yards of binding, I took and wrapp'd that about it; I ask'd her to lend me some money; she said she had no change; I went to the sign of the king of Prussia's head joining to her house, and got 2 sixpences for a shilling; I had laid my parcel on a bench at the door, then I took it and went home; and when I came to open it, instead of one waistcoat there was two; I finished one and carried it home, and she paid me; I kept the other at home to employ me at night, and on saturday mornings I was finishing my work, and when I came home she had a great dispute with her work-women. I said, if you please to give me a waistcoat to do I will be running the lining in; she fetch'd me one; she came about five hours after, and told me I had taken four pieces for the backs of waistcoats; I said I knew nothing of them, and went with her to her house. Then she said, she believed they were left on the back of a chair, and were lost. The sunday after she came again, and the other woman with her, then I was finishing the waistcoat, which came to 13 d. which I made an account to carry home to her; I thought it was a stranger coming up, made me hide the lining under the bed quilt: she said, this is the lining my mistress has lost, and I had robb'd her of it; I said you are an impudent saucy slut, I have not, you shall not risle my room upon a sunday, nor make an uproar. She took the sleeves and threw them out at the window, and said, mistress come up this minute, for here is the waistcoat. I said let your mistress in, I did not know what I said or did; I said, for God's sake Mrs. Druit do not make an uproar; they took the waistcoat, and carried it away by force; and the next morning I went to go to the house, and met a woman that lives in Whitechapel; she said Mrs. Druit has got a warrant against you for stealing a waistcoat, value 8 s. she swore before the justice she never gave me a bit of work home.

Q. to prosecutrix. Did you give her any work home?

Prosecutrix. Yes; but I did not give her this home.

A witness. I am the prisoner's sister, Mrs. Druit brought her to my house, and said she had found two waistcoats at her lodgings; she has employ'd her many a sunday, and her child being sick, she gave her work home.

Q. How do you know that?

Witness. Mrs. Druit told me, that she had often given her work home.

Q. Did she say she gave her that waistcoat home?

Witness No; but she said she had got 2 waistcoats instead of one.

Q to Mrs. Druit. Do you recollect what the witness has mentioned?

Mrs. Druit. I told her I was frighted to find a waistcoat upon her sister, that I never knew to be out of my house.

Q to witness. Upon your oath, did Mrs. Druit say the prisoner had two waistcoats instead of one.

Witness. Upon my oath she did say so.

Mrs. Druit. I said I had found a waistcoat upon her, which she was making, and it gives me a great deal of reason to suspect she has got a ready made one that I miss.

Mary Abbot . I have known the prisoner four years.

Q What is her general character?

M. Abbot. I never knew any thing of her but what was very honest, her character was such as far as ever I heard.

Acquitted .

251. (M.) Jane Dickson , spinster , was indicted for stealing one linnen table cloth value 1 s. two linnen shirts, value 2 s. one silk, bonnet, value 2 d. and one linnen apron, value 6 d. the property of John Shaw , July 18 .*

John Shaw. The things mentioned in the indictment were lost from my house about the 20th of July.

Q. Did you ever find them again?

Shaw. I found them again that day at 2 pawnbrokers.

Q What did you find, and where?

Shaw. I found the black bonnet, my wife's apron, the table cloth, and a shirt of mine at Henry Day's house.

Q. Where did you find the other things?

Shaw. I found them at Mr. Barnaby's.

Q. How came you to know where they were?

Shaw. I found the prisoner at Pancras, and charg'd her with taking them; and she told me she had pawn'd them at them two places.

Q. How did she come by them?

Shaw. She said she took them out of my house, and she designed to get a little money on them, and to get them again as soon as she could.

Q. Had the prisoner use to come to your house?

Shaw. Yes, she did; and used to scower my pots sometimes.

Q. What are you?

Shaw. I keep a public house; she was a sort of a chair-woman.

Henry Day . On the 18th of July, the prisoner brought a table cloth and a shirt, and pawned with me ( produced in court, and deposed to.)

Prisoner's defence.

I got a little in liquor, I have nothing to say.

Guilty .

[Transportation. See summary.]

252. (M.) Susanna Addis , widow , was indicted for stealing one linnen sheet, value 5 s. one copper tea-kettle, value 4 s. one pewter pot, value 6 d. the goods of Michael Hawkins , the same being in a certain lodging room let by contract , &c. February 10 .*

Michael Addis. The prisoner at the bar lodged at my house, she went away about the 10th of February.

Q. How long had she lodged with you?

Addis. She had lodged with me about three or four months.

Q. Were the lodgings ready furnished?

Addis. They were.

Q. At what per week?

Addis. At 2 s. and 3 d. per week.

Q. What time did you miss the things?

Addis. We missed the tea-kettle about 3 weeks before she left her lodgings, but we were not willing to mention it, thinking she would bring it back again; when we were informed she was about to leave her lodgings; she came home about eleven o'clock, she would not let my wife go into the room, and begged and cried we would not charge the watch with her; and said, if we would let her go to bed, she would make us satisfaction for what things were missing the next morning; but the next morning she went away, and took the key of the room with her, and we did not see her for four months after, then we found her in another lodging.

Q. Did she propose to make satisfaction for the things mentioned in the indictment?

Addis. She did.

Q. How came you to let her go away?

Addis. We live in another house, and we expected she would call upon us, but she did not.

Q. What time did she go away?

Addis. About eight in the morning.

Q. Where did you meet with her again?

Addis. We found her in Leather-lane, at the Queen's Head.

Q. Did you ever get the things again?

Addis. No, Mr. Fielding was pleased to be so good as to indulge her for two or three days, but she never restored them.

Q. If she had restored them should you have prosecuted her?

M. Hawkins. No, we should not.

Q. Then if she had let you have your things again should you have been satisfied?

M. Hawkins. Yes.

Eliz. Hawkins. I am wife to the prosecutor, the prisoner at the bar lodged at our house.

Q. Who let her the lodgings?

Eliz Hawkins. I did, at 2 s. and 3 d. per week, ready furnished.

Q. What time did she come in?

Eliz. Hawkins. She came in about August last.

Q. How long did she live in that lodging?

E. Hawkins. About 3 or 4 months; she went away about the 10th of February; I went up to ask her for rent about three weeks before she went away, and then I miss'd my tea-kettle; when I could not find it I ask'd her after it; she said she had taken it to a neighbour's house for some water; I desired her to bring it back again; she told me she would; but I never saw her after that for three weeks; I went to the person where she said it was, and she said there was no tea-kettle there; I had insisted upon going into the room to see my goods; she said they were very safe in the room, and that I had no right to go into the room; I said I had a right, as she did not pay me her rent. After some time she would admit me to go into the room, provided I would let her lie there that night, and not turn her out; then I miss'd the things mentioned; she bid me not to make myself uneasy, for she had a sister that would see them all put into their places before she went out of the room, and she would take me to her; she said where she liv'd; but when I went I could find no such person; she got up the next morning and went away, and I never saw her till three weeks after, till she was taken up on the 22d of July; then she said she intended to get the things again, for she could get 20 or 40 shillings per week, but she never brought them again.

Q. Is she a single or a married woman?

E. Hawkins. She came to me as a single woman; she said she could better pay me than if she had a husband; but before the justice she said her husband came to see her, and he was going abroad, and he bundled them up together and gave them to a person.

Q. Did you ever see her husband?

E. Hawkins. No; I never saw any husband she had.

Prisoner. I liv'd opposite them with my husband; he went away with another woman.

Q. to prosecutrix. Do you know of her living opposite you?

E. Hawkins. She told me she had lived there, I never knew her till she came to live with me; I have heard since that she did live there; when we took her, we took her from out of a bed with a man, but she did not pretend to say that was her husband; she told the justice her husband was dead.

Prisoner. My husband was living then, he was a soldier, he took the things, and put them into another woman's lap, and he and she went away together.

Prosecutrix. I never saw no man come after her, except a person that said he had had her under cure for a bad distemper; he said she ow'd him some money.

Acquitted .

253. (M.) Margaret, wife of James Malpas , was indicted for stealing one blanket, value 3 d. and one pair of linnen sheets, value 6 d. the property of Andrew Kealy , the same being in a certain lodging-room let by contract , &c. July 25 .*

Andrew Kealy. The prisoner lodg'd at my house.

Q. Who let her the lodging?

Kealy. I believe my wife did.

Q. Is she here?

Kealy. No.

Q. When did the prisoner come to lodge with you?

Kealy. She came the 21st of July, and we miss'd the things mentioned in the indictment the 25th.

Q. What was she to give per week?

Kealy. My wife told me 2 s. per week.

Q. Did you hear the prisoner say so?

Kealy. I did, she said it was agreed upon.

Q. Was the lodgings ready furnished?

Kealy. It was.

Q. Can you upon your oath say, these goods were in her lodging room?

Kealy. No, I cannot; I did not see them there; I asked the prisoner what she had done with the blanket and sheets; she tol d me she had pawn'd them, and she would take them out of pawn the saturday following.

Q. Where did you ask her this?

Kealy. This was in my own house.

Q. Did she take them out on the Saturday.

Kealy. No, they have been paid for by her husband, but I have not had them in my custody.

Q. Did her husband lodge along with her?

Kealy. He did.

Q. Can you say whether she or he took them?

Kealy. No, I cannot.

Acquitted .

254. (M.) Sarah Long , spinster , was indicted for stealing one sprig farsnate cloak, value 10 s. 4 yards and half of silk figured mode, 3 yards of broad plain alopeen, one silk gown, 2 yards of figured gawse, 7 yards of silveret, value 10 s. 12 yards of Norwich crape, value 1 l. 5 s. one black figured cloak, 12 yards of lutestring, 2 yards of figured gause, and other goods, the property of Samuel Jones , in the shop of the said Samuel , August 25 .*

Samuel Jones. I lost many more things than I have laid in the indictment.

Q. What are you?

Jones. I am a mercer and haberdasher .

Q. Where do you live?

Jones. I live in New Bond-street .

Q. What is the prisoner?

Jones. The prisoner work'd for me 13 years; I had no suspicion of her till a little before last Christmas; some of those things have been missing a year and half; I know she was very poor, and I gave her leave to come into my house.

Q. Did you find any of your things again?

Jones. These mentioned in the indictment were part of them found in the prisoner's lodgings by a search warrant from justice Fielding, and part were found at Mrs. Blackiters, and part at Mrs. Curtis's, the high constable was with me at her lodgings when I found some upon her.

Q. What did you find at her lodgings?

Jones. I found the sprig sarsnate cloak, and some figur'd mode, there was 4 yards and half of it.

Q. What did she say for herself?

Jones. She told me they were not my property at first, but afterwards she confess'd they were mine.

Prisoner. I sell things for him, and I had these things to sell; some things he has taken away that I bought and paid for.

Q. to prosecutor. Did you ever allow her to sell things for you?

Jones. I never did; here are my wife and apprentice, they both know it.

Q. Did you ever sell her any of these things?

Jones. No, I never did, directly or indirectly.

Ann Curtis . I always thought the prisoner to be a very honest person; she brought me a piece of silk to make her a petticoat; she said she could make her one of something cheaper, so I bought the piece of her.

Q. What did you give her for it?

A. Curtis. I gave her half a guinea for it.

Q. How did she say she came by it?

A. Curtis. She said it was a remnant, and she had it of Mr. Jones.

Q. Do not you know it is worth more than half a guinea?

A. Curtis. It is dirty, and there is several spots in it; and she said he let her have it cheap (produc'd in court.)

Q. to Mr. Jones. What is the value of that piece of silk?

Jones. It cost me to the best of my remembrance 18 s. 6 d.

A. Curtis. She brought me also a black figured cloak, and told me she had it of a lady's woman, that had no lining.

Q. What did you give her for that?

A. Curtis. I gave her a guinea for that (produc'd in court.)

Prosecutor. This is my property.

Prisoner. That witness did buy them things of me.

Mary Blackiter . I bought two remnants of yellow stuff of the prisoner at the bar.

Prosecutor. That is not here.

Q. to M. Blackiter. Is any thing here that you bought of the prisoner?

M. Blackiter. Yes, here is the cloak I bought of her (produc'd) to the best of my remembrance the outside cost 15 s. and as to the lining, she and I were to settle that.

Q. When did you buy it?

M. Blackiter. I think it was before Christmas, but I cannot be positive.

Q. Where did she say she had them?

M. Blackiter. She said they were odd remnants of Mr. Jones's, as I understood her, she said Mr. Jones trusted her to sell them.

Prosecutor. This cloak is mine.

Q. Did you trust the prisoner to sell it?

Prosecutor. Upon my oath I did not.

M. Blackiter. I bought this piece of yellow silk of the prisoner.

Prosecutor. This I call yellow and white shot lutestring, it is my property.

Q. to M. Blackiter. What did you give her for that?

M. Blackiter. To the best of my knowledge I gave her 3 l. 7 s. for that and some gause.

Q. How did she say she come by that?

M. Blackiter. She said she was a lady's woman; and that the lady was going to be married, and she gave her them.

Q. How long have you known the prisoner?

M. Blackiter. I have known her almost 7 years.

Q. What are you?

M. Blackiter. My husband is a baker, I have trusted her in my shop, and looked upon her to be an honest person.

Prisoner. This witness bought a gown of me, and paid Mr. Jones for it, it was a silveret.

M. Blackiter. I bought a piece of the prisoner, and paid Mr. Jones for it afterwards in his shop.

Prosecutor. That is not said in the indictment.

Prisoner. I mention this, to shew Mr. Jones trusted me to sell things.

Q. to M. Blackiter. When did you buy that piece you mentioned?

M. Blackiter. I think it was about last Christmas that the prisoner brought it to me, I think it was yellow silveret, two remnants, I bought it of her, and paid Mr. Jones for it in his own shop.

Q. to prosecutor. Did you send her with them remnants?

Prosecutor. Last year I sold a parcel of remnants as is usual at times in our shop; perhaps there might be such a thing as that, I cannot contradict that, for I gave the prisoner a gown myself.

Q. Do you remember Mrs. Blackiter paying of you.

Prosecutor. I believe she did, but I cannot remember it; I never trusted the prisoner to sell any thing to my knowledge on my own acount.

Prisoner's Defence.

I have sold things frequently for Mr. Jones; he trusted me with these things to sell.

Q. to M. Blackiter. What is the prisoner's character?

M. Blackiter. I always took her to be an honest woman, I have trusted her farther than I would some of my own family.

For the Prisoner.

Sarah Peirce . I have known the prisoner very near 20 years, I never heard any thing of dishonestly by her till this; I always looked upon her to be an honest woman.

Q. Do you know of her selling things for Mr. Jones?

S. Peirce. No, I do not.

Sarah Humphrys . I have known her for many years, I always looked upon her to be a very honest woman.

Alice Carrington . I have known her 20 years, I never heard any thing amiss of her in my life, till this happened, I would have trusted her with all I had.

Ann Watkins . I have known her eleven or twelve years, she lodged with me when Mr. Jones employed her; she has worked night and day when business has been in a hurry, in the hoop-petticoat making; she is an honest industrious woman.

Q. Did you ever know her trusted by Mr. Jones to sell any thing for him?

A. Watkins. No.

Elizabeth Hicks . I have known her 10 years, she has a very good character, she has dealt with me seven years.

Q. What is your business?

E. Hicks. I keep a chandler's shop, I never found her dishonest, I have imployed her, she was very industrious.

Ann Williams . I have known her eight years, I never heard any thing of her but that of a very honest person, we lived in a house together.

Q. Do you know of her having any thing to sell for Mr. Jones?

A. Williams. No, I do not; I know Mr. Jones imployed her when hoop-petticoats were in fashion.

Mary Farrant . I lived eleven years by her, I never heard any thing amiss by her till this thing happened; I never heard to the contrary but that she was a very sober industrious body.

Joseph Stoaks . The prisoner has lodged in my house for 3 quarters of a year, I never knew any ill of her, we never lost any thing by her; my wife is a laundress, and has much linnen comes into her house, I look upon her to be an honest woman.

Guilty of felony only .

[Transportation. See summary.]

255. (M.) Sarah Curtis , spinster , was indicted for stealing one silver watch, value 50 s. and one pair of silver buckles, value 15 s. the property of James Underwood , privately from his person , July 25 .*

James Underwood . On the 25th of July I was very much in liquor, in Hounsditch, or in Whitechapel, and I met with this Sarah Curtis .

Q. What time of the day did you meet with her.

Underwood. I believe betwixt 10 and 11 in the forenoon; she asked me where I was going, I said I did not know rightly, for I wanted to go to sleep; she said come and go along with me, and lie down on my bed, I have a very good bed; she took me to Church-lane, in Whitechapel parish , and up stairs, and brought up 3 more women, the evidence, and 2 others that are in, Clarkenwell bridewell.

Q. What are their names?

Underwood. Catherine Smith , Susanna Haywood , and Jane Trueman , they asked me to give them something to drink; I said I have not much money, I will send for a pot of beer; I gave them six-pence: then said the prisoner at the bar, send your watch; said I, that is the last thing I do, then she said come let us have some beer; after that I gave her the buttons out of my sleeves, she went and pawned them for 18 d. then I said I want nothing but to go to sleep; I lay down upon the bed, and slept I believe 6 hours, from 12 to between 5 and 6; when I awaked my watch and buckles were gone, they were silver.

Q. Where were they before you went to sleep?

Underwood. My watch was in my pocket, and buckles in my shoes.

Q. Did you go to sleep with all them women in the room?

Underwood. I cannot say that, I know there was the evidence Catherine Smith , and the prisoner at the bar; but when I awaked there was no one but myself in the room, and the door was open.

Q. When did you see the prisoner afterwards?

Underwood. I saw her in half an hour afterwards in another house; when I came down stairs Catherine Smith was below stairs. I told her what I had lost; they said they knew nothing at all of it; then I sent for an officer and charg'd them all four upon suspicion, I took them before justice Berry, and Catherine Smith turn'd evidence against the prisoner at the bar.

Q. Have you got your watch again?

Underwood. No, nor have not seen it since.

Q. What did the prisoner say before the justice?

Underwood. She pleaded innocent; she said she knew nothing at all of it; the evidence swore there, that she saw her with a watch in her hand.

Q. from prisoner. Did not you offer your watch, before you did your buttons, and I would not let you.

Underwood. No; she ask'd me to pawn it, but I said that was the last thing I would part with.

Catherine Smith . I lodg'd below stairs in the same court opposite the prisoner, under the room where the prisoner brought him in, which was a little before eleven o'clock. She called to me to fetch a pot of beer; Mr. Underwood gave me 6 d. he took the pot and drank, and pull'd out his watch to see what o'clock it was; he ask'd her whether it was her own house; she said it was; then he said, I thought we were to go to bed; she ask'd him for some money; he said he had none; she said pawn your watch; he would not, but gave her his studs.

Q. For what purpose?

C. Smith. For some beer; she went for the beer; after that she call'd the other two up to drink; one is Susannah Haywood , the other Jane Trueman ; I had a bit of bread and butter in my hand, and I did not drink any; after that the other two women came down stairs and left the prisoner and prosecutor together a considerable time; after that she knock'd with the heel of her shoe; I went up to ask what she wanted.

Q. What time was this?

Smith. This was a little after 12 o'clock; she said she had got his watch, and wanted me to go with her to pawn it. I said I would not; he lay on the bed, whether he was asleep I know not, his lips did not move, he seem'd as if asleep.

Q. What part of the room was she in?

C. Smith. She was on the bed at the time; I did not see any buckles she had, she had the watch in her hand; she staid up stairs some time, and then she came down, and was backwards and forwards in the lane after that, and was sadly in liquor about five in the morning, and went into her own apartment.

Q. Did you see the watch afterwards?

C. Smith. No, I never did.

Q. Did you swear the same as now before the justice?

C Smith. I did.

Prisoner's Defence.

He offered me the watch, and I told him I did not carry such things for any man; then he gave me the buttons, I pawned them for 18 d. and carried him the 3 d. and a full pot of beer and a shilling.

For the prisoner.

Jonathan Strong . I am a weaver by trade; I have known the prisoner about 7 or 8 months, she is an engine windster, that is, she winds silk for weavers; she did live in my house, I know nothing amiss of her; when they were gone for an officer she said, I will not fly, for I have done no harm, in my hearing.

Q. Do you know Catherine Smith ?

Strong. I do.

Q. How does she get her livelihood?

Strong. She can tell best, I can say nothing of her goodness, I believe she does not like to work too hard.

Q. What is your business at present?

Strong. I kept a public house since Christmas, not before.

Q. Does Catherine Smith come to your house?

Strong. No, I will not suffer her to come into it, I bring her out head foremost, she can't deny it, I have slung her out head foremost; she never wrong'd me of any thing, but I don't like she should come there. Underwood bears an undeniable character, he is a very hard working man, that can't be denied.

Mary Langley . I wind silk; I have known the prisoner above 30 years, she liv'd with me a great many years, about 10 successively, she was always very honest.

Mrs. Harris. I have known her about twenty years, I never heard any dishonesty by her, she always had a general good character; she has nurs'd my children, and my kinsman's children, and always behav'd very honest.

Sarah Galaway . I have known her a great many years; she work'd along with me about a year and a half ago, she never wrong'd me, I never heard she wrong'd man, woman, or child.

Acquitted .

256. John Dempsey , was indicted for the wilful murder of John Parry .

And John Donivan , for being accessary, in feloniously and wilfully being present, aiding, abetting, comforting and assisting the said Dampsey in committing the said murder , July 21 .*

They likewise stood charg'd on the coroner's inquest for the said murder.

Mary Putenham . I think it was the 21st of July, that I saw the two prisoners between 10 and 11 in the forenoon at the Blue Anchor door, and at the prince of Wale's head in the back lane by Wellclose square, there had been a sailor's wedding there on the sunday, and this was on the monday. (The prisoners are sailors ) they were drinking wine (it look'd yellowish) out of glasses at the door; there came two Venetian Sailors by, on the opposite side to me, and John Dempsey went up to one of them, and collar'd him, and pretended to press him, the Venetian had a stick in his hand.

Q. What was said?

M. Putenham. I was not so near as to hear the words; the Venetian held his stick up out of Dempsey's reach, because Dempsey should not get it out of his hand; Dempsey turn'd round with his face towards the Blue Anchor, and cry'd, D - n your eyes, will no body bring us no sticks; upon that 14 or 15 sailors all ran up in a body, and presently I saw sticks enough fighting one among another; the Venetian men resented their blows when they were beat, and they fought again; I saw the Venetian man afterwards run under Mr. Parry's arm, he had no stick in his hand then, Mr. Parry was leaning against his own door at that time.

Q. What sort of a stick was it you saw in his hand when he held it up?

M. Putenham. It was a sort of a broomstick; the Venetian ran past me to get into Mr. Parry's house, and throw'd me down, and he was got out of sight in Mr. Parry's passage.

Q. Had Mr. Parry any weapon in his hand?

M. Putenham. No, he had no stick, nor offer'd to strike; all I heard him say was, don't come here, I'll have no mob about my door. I saw Dempsey strike him a blow on the side of his head, a very hard blow; I saw the blood run, and somebody came and took him under his arms, and carry'd him into his room, which had been his tap room, when he kept a public house, there was blood fell at the door.

Q. Did you speak to Dempsey?

M. Putenham. No, I did not, but turn'd to my own room.

Q. Did you see Donivan do any thing?

M. Putenham. No, I did not; he was in company with them, but I did not see him strike any.

Q. How was Mr. Parry for health before?

M. Putenham. He was in very good health before this.

Q. How old might be he?

M. Putenham. About 60, or upwards.

Q. How long did he live afterwards?

M. Putenham. I cannot say how long, whether seven or eight days.

Q. Did you see the wound afterwards?

M. Putenham. No, I never saw the wound at all.

Q. How were the Venetians going along?

M. Putenham. One of them was going by the side of the other, talking their own language, they did not trouble their heads with any body.

Q. Do you know what became of Donivan?

M. Putenham. I did not see what became of him, they were all gone in a minute.

Q. How many Venetians were there at this time?

M. Putenham. I saw then but two, I saw more afterwards,

Q. Did the other Venetians that came, come before or after Mr. Parry had receiv'd his hurt?

M. Putenham. They came after; the sailors all dispers'd, some one way, and some another immediately.

Sarah Taylor . I was at Mr. Parry's door; I live in his rents, my husband had shaved him about 5 or 6 minutes before, Mr. Parry was standing leaning between the threshold and his door, the prisoner was beating a Venetian sailor; he seeing Mr. Parry's door open, ran over the way for shelter under Mr. Parry's arm; Dempsey came up with a broomstick like, with four crooked nails in it Mr. Parry said to him, young man do not come here, I sell no liquor now, and I'll have no noise, nor no cabals about my house. Dempsey struck him a blow on the left side of his head.

Q. Whether the deceased Parry had struck or offered to strike Dempsey before that?

S. Taylor. No, he had not at all; he kept his hand on his own post of the door, I went up to Dempsey in the highway, and said you have killed the man of the house; said he, d - n him, serve him right, and you to for a bitch, and up with his stick, but did not strike me, he mentioned them words twice over.

Q. Did he give any reason why?

S. Taylor. Sir, he gave no reason; I went into Mr. Parry's house, and wash'd his wound with chamber-lie, the flesh of his head was torne 4 ways; a surgeon was sent for, and I came away.

Q. What was the surgeon's name?

S. Taylor. His name was Mr. Hosford.

Q. Had Parry offer'd any blow or injury to the prisoner?

S. Taylor. No, none at all; he spoke no other words than what I say.

Q. Had he a stick in his hand?

S. Taylor. No, he had not.

Q. Do you know how Dempsey came by that stick?

S. Taylor. I cannot tell that, he had one, but where he got it I do not know.

Q. What did he do to the Venetian man?

S. Taylor. He beat him.

Q. Had he that stick from the Venetian;

S. Taylor. I don't know that he had.

Q. How was Parry for health before?

S. Taylor. He was in good health, as you are (to the counsel.)

Q. How long did he live after this?

S. Taylor. He lived 10 days after.

Q. Did you see the prisoner Donivan do any thing?

S. Taylor. No, I did not.

Q. from Dempsey, Whether I had a stick in my hand at the first beginning of it.

S. Taylor. He went over the way, and struck the outlandish man with a stick, where he got it I don't know.

Q. to Putenham. Did you see a stick in Dempsey's hand?

Putenham. I did not see any stick in his hand at first, when he took hold of the Venetian.

Q. Was that the same stick that the Venetian held up?

Putenham. That I cannot tell, it resembled a broomstick.

Q. to Taylor. How many Venetians did you see?

S. Taylor. There were seven Venetians together when Dempsey struck Parry; there were four coming along at first, and they turned back again, and went into the Blue Bell, and fetched three more out, and they were coming out very civily talking there own language; then Dempsey collar'd one of them, there were seven then, and there came more out after the blow was struck.

Margaret Otway . Dempsey came up to my door after a foreigner, and laid hold on him by the left arm, and from under the foreigners coat he took a piece of wood, with four nails in it. The sailors had had some trifling words together, that morning, the English sailors touch'd the foreigners coats, I had seen them there several times before the thing happened, (she shews by a broomstick the length of the stick with four nails in it, to be about two feet and half long) the foreigners can't speak English, and our sailors by lifting the lappets of their cloths up, I took to be done in a sort of an affront to the foreigners.

Q. What had they done to the English?

M. Otway. I don't know that they did any thing to them, but I saw Dempsey lift up their coats four separate times, in a way of making game of them.

Q. What time of the day was this?

M. Otway. This was about 9 or 10 in the morning, and between 11 and 12 came up one single man, just at the threshold of my door; then Dempsey came up and laid hold of his arm, and lifted up his coat, and from under it took out that stick with four nails in it. I said, Sir, do not go to strike with that stick, because it may be very prejudicial, there is nails in it; and he d - d me, and struck me a blow on my stomach, and I fell down.

Q. Did you see the prisoner strike the deceased?

M. Otway. I can't say I saw Mr. Parry receive the blow, I was rendered senseless for some minutes, the people help'd me up.

Q. Did you see Mr. Parry?

M. Otway. I did, he was standing leaning with his hand upon the inside of his own door.

Q. How was he for health at that time?

M. Otway. He was in perfect health.

Q. Had he any weapon in his hand at that time?

M. Otway. No, he had not, he was a peaceable man.

Q. How soon after he received the blow did you see him?

M. Otway. I saw him within a quarter of an hour after, he was all over blood, and from the place where he stood at the door to the chair, where he was sitting, was all blood, like as if a pig had been stuck; on the left side of the head were four holes, I saw them dress'd, he seemed to me as if he was in great agony.

Q. When did he die?

M. Otway. This was on monday the 21st of July, and he died the 2d of the following month.

Q. from Dempsey. Whether the English sailors or the outlandish sailors began the quarrel?

M. Otway. The outlandish sailors were going along very quietly, till Dempsey began with them several times before that day.

Eliz. Fulbrook. I saw Dempsey begin with the foreigners first, I saw him knock one of them down.

Q. How many foreigners were there?

E. Fulbrook. There were six or seven of them in company. Dempsey ran up to the last witness's house, and knock'd an outlandish man down with his fist.

Q. What had the outlandish man done to him?

E. Fulbrook. He had said nothing to him, they were walking along very quiet; I saw a stick in Dempsey's hand soon after, but I saw nothing in his hand at first.

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

E. Fulbrook. No, I did not see any thing in his hand; I saw Donivan with a stick in his hand, that he had taken out of Dempsey's hand, it was a square stick, with four nails at the end of it. I saw Dempsey strike several of the outlandish men, and I saw several of the outlandish men strive to run away from the two prisoners. Donivan pursued one of them; I saw one of them run into Mr. Parry's house, and Dempsey pursued him; the Venetian ran under Mr. Parry's arm into his house.

Q. Had Mr. Parry a stick in his hand?

E. Fulbrook. No, he had nothing in his hand, he stood leaning against his door, and said, he would have no words in his house, he sold no. liquors, and he would have no noise in his house.

Q. How was Parry for health?

E. Fulbrook. He was very well in health.

Q. Did you see Dempsey strike Parry?

E. Fulbrook. No, I did not, I was stooping to take up a gregoe.

Q. What is that?

E. Fulbrook. That is a sort of a great coat.

Q. Was any body near Parry besides Dempsey at that time?

E. Fulbrook. No, no one was near him besides Dempsey.

Q. Did you see Parry afterwards?

E. Fulbrook. I did. I believe it was within about a quarter of an hour after.

John Hosford . On monday the 21st of July a messenger came for me in great haste to come to Mr. Parry, saying he was knock'd down and murdered.

Q. What time of the day was this?

Hosford. This was in the forenoon. I went and found a very large wound; the wound extended cross the left side of the head, he had lost a deal of blood, the wound was about three or four inches long; an angular part separated from the cranium; I examin'd it to see if I could perceive a fracture, but I found none; I took notice at that time he did not complain of any pain, he was quite numbed all over his head; from that monday to friday I found no bad symptoms except that numbness; then a messenger came to me in a great hurry, and told me Mr. Parry had fell down in a fit: when I came, I perceiv'd he had an apoplectic fit; they had convey'd him to bed; that fit was succeeded with a universal tremor all over him, both his arms were paralitick, and a numbness and lethargy attended it; he died on the saturday was se'nnight after the wound was given.

Q. Upon your oath, do you think his death was owing to the blow he received on his head?

Hosford. I apprehended, that that numbness and universal tremor to be from the concussion of the blow; he was trepan'd afterwards; there was a great quantity of extravers'd blood that lay upon the brain, that came out as soon as the piece of bone was extracted, which was occasioned by some external force.

Q. Have you any doubt upon what appeared upon opening his head, that this man died from that cause?

Hosford. I have no doubt at all.

Dempsey's Defence.

I did not begin the quarrel, I was struck by one of the outlandish men, all the rest of the men ran away, and I staid to take him up for it. I went to Mr. Parry's house two days after, as they told me I was accus'd with it; I ask'd him if I was the man that struck him; they said the man that struck him was taller than I was, please to call Mr. Wisley.

For the prisoner.

Tho Wisley . I am a publican; I was with Mr. Parry after the blow was struck; he said he was struck by some of the man of war's mn, that belong to the Amizon; that the man had leather breeches on; I said I'll go and see for him, and bring him to you; I brought one or two.

Q. Did you bring the prisoner Dempsey?

Wisley. I did, and said is this one? said he, I can't justly sware to the man, whether it was him or not, but it may be like the man; I carry'd Donivan, but he did not examine him, he then being very ill.

Q. Did you see this affair happen?

Wisley. No, I saw the sailors all fighting, bigildy pigildy, one among another.

Q. When did you carry Dempsey to the decased?

Wisley. It was about two days after the affair happened, Dempsey was let go, and he came about there for six days after every day.

Dempsey guilty Death .

Donivan Acquitted .

257. (L.) Nicholas Wyate , was indicted for stealing six china cups, and six china saucers, value 6 s. and 6 d. the property of Walter Gealey , July 11 . ++

Walter Gealey . On the 11th of July I was out from home; when I came home my wife told me Mr. Wyate had been here, and she with a great deal of concern saw him steal the things now in question.

Hannah Gealey . I am wife to the prosecutor, we live in Cornhill ; the prisoner frequently came to our house with a (how do you do) our counter in the shop is generally full of china; he came to our house on the 11th of July; I called him backwards, to ask him a question about a man that he knew; after that he went into the shop again, and play'd with our child some little time, I was ironing in a little back room behind the shop, I look'd up, and saw the prisoner's right hand and the cups in it go into his pocket; I did not know that it was cups, but I saw the glimpse of china; I got and went into the shop, and call'd our servant that was above at dinner; the prisoner made towards the door very carelesly; I went and miss 'd six cups and six saucers from off the counter directly; he bid me good night and went away. When he was gone, I told the man of it, and order'd him to go and bring him back; he went, and came back again, and told me he had overtaken him, but he had ran away from him, instead of coming with him to me; when my husband came home I told him of the affair; he went to my Lord Mayor and got a warrant; this was on the saturday, and on the sunday he came in the afternoon, and asked my husband to forgive him; my husband told him he would not. The prisoner said he never did such a thing before; he own'd he had taken the cups and saucers, and said he would give my husband half a guinea, if he would not expose him: we executed the warrant, and took him to the poultry counter.

Q. Did you ever get your cups and saucers again?

H. Gealey. No, we never did.

Q. to prosecutor. Did you hear the prisoner own he took the cups and saucers?

Prosecutor. He denied it at first, but he owned it at last in my hearing.

Joseph Pak . I was at dinner, my Mrs. call'd me down stairs, and told me Mr. Wyate had stole half a dozen cups and saucers, and sent me after him; I overtook him by the green-stall near the Mansion house, and told him my Mrs. wanted to speak with him; he said he would come back, but he forced away from me up the other street.

Prisoner's Defence.

The gentlewoman called me in, I staid and play'd with the child, and then went away about my business; when the man overtook me, I was afraid of being arrested, that made me go away.

For the Prisoner.

William Cook . I have known the prisoner full 12 years, he is a druggist, he was journeyman to my father, we always took him to be a very honest man.

Thomas Sheafe . I have known him about 16 years, I lodg'd at his father's when I was first out of my time, I always look'd upon him to be a very honest man; I lent him some money, and he has paid me the best part of it.

Thomas Thurald . I have known him upwards of 5 years, I knew him when he kept a chymist's shop in Clare market, I always took him to be a very honest man.

Stephen Dean . I have known him about seven years, I keep a publick house, he has us'd my house, and numbers of gentlemen have drank with him, he always bore a good character.

Henry Halford . I have known him about two years, he is a very honest man, as far as ever I knew; I have trusted him to sell a good deal of china.

Joseph Smith . I know the prisoner, he bears a universal good character, I dare trust him with a thousand pounds.

Thomas Fellows . I have known him about two years and a half, he lodged in my house, he has a very good character, as far as I know.

Michael Down . I have known him between 3 and 4 years, he has as good a character as any man can have.

Guilty. Recommended .

[Branding. See summary.]

258. (L.) Ann Howard , widow , was indicted for stealing one black cloth coat, value 10 s. one pair of black leather breeches, value 2 s. one stuff gown, value 3 s. the property of George Wright , August 19 . ++

Sarah Wright . My husband's name is George, he is porter to a warehouse ; when I was on the bed I saw the prisoner in my room; I asked who was there, she made me no answer; I got out of bed and called to a woman, a lodger, and desired her to go and see what woman that was, for she had got some things of mine; she went after her, and the prisoner was brought back with a coat, a pair of breeches, and a gown (our property) in her lap; she laid them down in the passage, and desired I would forgive her; I desired her to go up stairs, to see if she had any thing more; I went up and did not miss any thing; (the goods produced in court, and depos'd to.)

Jane Stratford . I was at breakfast, and Mrs. Wright called to me, and I went after the prisoner and brought her back; and she laid the things down in the entry, and down on her knees, and asked my Mrs. Pardon.

Prisoner's Defence.

I hope you will take it into consideration.

Guilty .

[Transportation. See summary.]

259. (L.) William Horton , was indicted for stealing one man's cloth coat, value 40 s. one linnen handkerchief, value 2 d. and one pair of leather gloves, value 4 d. the property of Rowland Friend , July 18 . ++

Rowland Friend . I lost my coat with a pair of breeches, and a handkerchief in the pocket.

Q. When?

Friend. Seven weeks ago last Friday; I left nobody in the room but the prisoner at the bar; he very much importuned me to go and fetch him a pint of beer, and while I was gone, he was gone and my coat also.

Q. Are you sure your coat was in the room when you went out?

Friend. I am sure it was; as sure as we are all here.

Q. Did you ever get your things, or any of them again?

Friend. I got the handkerchief and gloves again the next day.

Q. Why did you not accuse him the last sessions?

Friend. He was then in Tothill-fields bridewell.

Q. Did the prisoner confess any thing?

Friend. He said he was quite innocent.

John Bacon . I am serjeant in the same company with the prisoner; the prosecutor came to me on the 19th of July, in the morning, and told me he had been robbed of his coat and things by the prisoner; I told him the prisoner had lain out of the barracks all night; the prosecutor described the coat: in about half an hour's time the prisoner came, and I confined him; after which I saw him take and throw the gloves into the hole as he was coming out (produc'd in court, and depos'd to) then I took a candle and looked about, and I saw this handkerchief, (produced, and deposed to) I charged the prisoner with the coat, he denied it; Mr. Friend said he should be contented to have him tried by a court marshal; but the court would not try him; he having been punished several times for such crimes before; then the colonel gave me a shilling to go and get a warrant from Mr. Fielding, and gave him up to the law.

Prisoner's defence.

I know nothing at all of it; as I was coming down stairs in this man's house I took up the gloves and handkerchief, and put them into my pocket.

Guilty .

[Transportation. See summary.]

260. (L.) George Smith , was indicted for stealing one cloth surtout coat, value 7 s. one fustian frock, value 18 d. one pair of black cloth breeches, value 3 s. the goods of John Ward , August 30 . ++

John Ward . I am a victualler ; I lost the things mentioned in the indictment, but was not at home at the time they were taken.

Q. Do you know the prisoner?

Ward. I do; I believe he had been at my house about 8 or 9 times before I missed them; he would call for a pennyworth of beer or a dram of gin as he went by; but never staid to my knowledge.

Q. In what way of life is he?

Ward. I do not know; when I came home I was told the things were lost, and that the prisoner had been at my house; I lost them on Saturday was sev'nnight, and on the Monday I saw him in Fleet-street; I took him by the collar, and said he must come along with me home; he made some difficulty of it, and asked me what I wanted with him; I told him I would tell him when he got to my house, we had about 300 yards to go; about the midway there was a gateway; he desired I would let him stop to make water, and ran away; I pursued, and catched him again; when I got him home I charged him with taking my things; he said he knew nothing of the matter; I charged a constable with him, and took him to bridewell; then before an alderman, who committed him to Newgate.

Q. Have you ever got your things again?

Ward. No, nor have I seen him since.

Mary Ward . I am wife to the prosecutor, the prisoner came into our house, and called for a pennyworth of beer, between 11 and 12 on a forenoon; the maid went down to draw it; in the mean time he asked me for a pen and ink, I went for a pen and ink; he followed me into the parlour, before I went out of the room I turned myself about, and saw the cloaths mentioned lying upon the chest of drawers, in the parlour; they had laid there some time, the man was there then; a woman came for a pint of beer, and while I was gone down to draw it, the man was gone; I said to the maid, has the man given you the penny for the beer, she said no; then I missed the cloaths; then I asked the woman that came for the pint of beer, if she saw the man go out; she said no; if he was gone out, he must go out at the window, for he did not go by her; the great coat belongs to a gentleman that belongs to a society at our house; the other things are my husband's.

Prisoner. The fustian frock she speaks of is what I have on my back, and the breeches I can produce in half an hour's time.

Mary Baymont . I saw the prisoner in the prosecutor's parlour walking to and fro.

Q. Did you see the cloaths?

M. Baymont. No, I did not, to take notice of them; the landlady brought me the pint of beer while I was standing by the parlour door; I did not see the prisoner come by me; there were 2 sash windows to the parlour, and they were both throwed up.

Martha Price . I live at the Lion in the Wood, in Salisbury-court; I was scowering the things in the yard, I went into the house, and there I saw the prisoner ask a coachman if he would buy a hat band; he then had a pair of black breeches; I took him to be an old cloaths man.

Abraham Feling . I live near the prosecutor, I was at the Lion in the Wood reading the newspaper, there was Esq; Henson's coachman, then came the prisoner; I saw in his hand a duffel surtout coat; the prosecutor's house is about 40 yards distance from that house; the prisoner had also a bundle under his arm; the prosecutor came in soon after, and said he had just been robbed; it seemed to be a coat that had been much wore, and was of a dark brown.

Q. to prosecutor. What sort of a coat was that you lost?

Prosecutor. Much such a one as this witness described.

Q. to Mrs. Ward. What time was it you missed the things?

Mrs. Ward. About 20 minutes before 12 o'clock.

Felling. According to the account I had from Mr. Ward, the prisoner must come in immediately from his house.

Prisoner's Defence.

The frock I had there I have now on.

Acquitted .

261. (M.) Francis David Stirn , gentleman , was indicted for the wilful murder of Richard Mathews , he stood likewise charged on the coroner's inquest for the said murder, August 15 . ++

Before the indictment was read, the prisoner moved by his council, to put off his trial till the next sessions, which was overruled by the court; and when his trial was call'd on (he being a foreigner) desired the privilege to such to be tried by a jury of half Englishmen and half foreigners, but his counsel gave him to understand, as he know his intention by that was to get his trial put off, thinking the sheriffs had made no provision for such a jury; that there was a proper number of foreigners then ready in court. When he found he could not avail himself by that means, he chose to be tried by an English jury.

Mr. Edward Lowther . I live upon Dowgate-hill.

Q. Did you know Mr. Richard Mathews , deceased?

Lowther. I did.

Q. Do you know the prisoner at the bar?

Lowther. I do.

Counsel. It is proper the court should be informed what past two days before the fact was committed; you will please to give an account of what you know; the murder was committed on the 15th of August, begin on the 13th.

Lowther. On wednesday the 13th of August Mr. Mathews came to me, and told me, Mr. Stirn had behaved so ill, he could no longer keep him in his house; and told me, he hop'd I would be kind enough to do what I could in order to his getting rid of him.

Q. How long had he lived with him?

Lowther. He had lived with him about 2 months; I went with Mr. Mathews to justice Welch; the justice ask'd Mr. Mathews, whether there was any private contract between him and Mr. Stirn; or whether he was a lodger; Mr. Mathews told him he was no lodger, that there was no private contract or agreement, he was only upon sufferance in his house, so long as he thought proper; to which justice Welch told him, he had a right to turn him out, if he pleased, without giving him any timely notice; and desired he would be cautious, as Mr. Crawford had been with him before to tell him there had been some disputes between him and Mr. Stirn; then he desired him to get a couple of friends in his house; and when Mr. Stirn came in, to tell him that was his house, and desired he would walk out; and if he would not, to take him by the arm and desire him to go out. Mr. Mathews said he was a desperate man; that if he offered to do it, he would stick him; upon that, he advised him to take a peace officer with him; upon this Mr. Mathews got a constable and two friends; I happened to be one of them; we sat at Mr. Mathews's I believe two hours, between 10 and 11; Mr. Stirn knocked at the door.

Q. When was this?

Lowther. This was on wednesday August the 13th at night; I opened the door for him; he came in; he saw his goods that were in Mr. Mathews's house were brought out of the room where he lay, and were in the passage; as Mr. Stirn came into the house, he ask'd who was it that has done this, (meaning the carrying his goods into the passage) he seemed to be angry. Mr. Mathews told him he had done it, and he insisted on his leaving his house, and said, you have told me you will not leave my house without you leave it by force, and now I am determined that you shall go. Mr. Stirn told him he was a bad man, and a coward, and he durst not turn him out of his house without having assistance (meaning the company present) Mr. Mathews desired him to take a glass of wine; and said, let us part friendly. Mr. Stirn said, he would not go till he had plaid his last tune; there was a harpsicord in the room, and he went and struck it five or six times; then he said I want but half a guinea, and you may do what you will with my goods (books and things) Mr. Mathews said, if he will tell him what he wanted half a guinea for, if he had not so much in his pocket, he would give him, or lend him, half a guinea. Mr. Strin put his hand in his pocket (what money he had I do not know) he said, no, I have money enough, as much as I want. I have spoke with a man to day that will write my life and your's (that was to Mr. Mathews) Mr. Mathews desired him to take care what he said, for he had already said enough for him to lay him by the heels. Mr. Stirn said, what have I said. Mr. Mathews said, that he said Crawford (meaning Mr. Crawford) might thank his God that he had got rid of him in the manner he had done, but that you would have your revenge on me.

Q. Had he lived with Mr. Crawford before that?

Lowther. He had, - Upon this Mr. Stirn desired Mr. Mathews would give him his hand. Mr. Mathews held out his hand, and Mr. Stirn grasp'd it in both his hands, and said, I have said so, and here is my hand I will have my revenge on you; after a good deal of oppobrious language between them, Mr. Stirn walk'd out of the house along with the constable,

Q. Do you mean in the custody of the constable?

Lowther. No, I do not.

Q. Was the constable present the whole time these words past?

Lowther. He was.

Q. What is his name?

Lowther. His name is Spence.

Counsel. The attorney says he never heard of this fact before, so he is not on the back of the bill.

Q. Is this all that past that evening?

Lowther. This is all, there is nothing that past the next day that I know of my own knowledge.

Counsel. Then come to the 15th.

Lowther. On friday evening the 15th of August, about the hour of 10 in the evening, I happened accidentally to go in at Mr. Pew's, the Pewter Platter, a public house, in Cross street, Hatton garden, there I found Mr. Chapman and Mr. Mathews together; there were more people in the room, but none joining in company but themselves. I sat down, and joined in company with them. In a few minutes Mr. Stirn came into the room, and sat down at the same table. Mr. Chapman the surgeon call'd Mr. Stirn out, or sent for him out, I don't know which, what past between them I cannot say. Mr. Crawford came in, and sat down with us. Mr. Stirn came in again by himself in a few minutes. Mr. Chapman went away. Mr. Stirn walk'd about the room by himself; he apply'd to Mr. Mathews, and said, you have accus'd me with theft and adultery. Mr. Mathews told him, he had not accus'd him of either, nor did he believe he was guilty of either; but if he had not had a greater dependence on his wife's virtue than his honour, he did not know what might be the consequence. Mr. Stirn told Mr. Mathews he was never pox'd in his life; Mr. Mathews said, nor I either; he added, you are a dirty fellow, and you ought to be sent to your own lowsy country, or words to that purpose. Mr. Stirn walk'd about the room a few minutes, and then pull'd a small piece of paper out of his pocket, and held it in his hand, with a seeming desire that Mr. Mathews should take notice of it, and afterwards burnt it in the candle. He walk'd about the room for a few minutes; then Mr. Crawford took notice, that he look'd very fiery; and he desir'd me and Mr. Mathews, that we would for heaven's sake drink his health. I drank his health immediately, and to the best of my remembrance so did Mr. Mathews. Stirn still walk'd about the room for a few minutes, and then came and stood at Mr. Crawford's elbow; then he came and stood by me, for the value of a minute, or a minute and a half; I observ'd him to stretch his hand cross me, with what I then thought a piece of paper.

Q. Where was Mr. Mathews then?

Lowther. He was then sitting next to me at my elbow. I observed, as I said before, a piece of paper, as I thought; instantly upon its passing me, I observ'd a flash, and report of powder. Mr. Mathews gave a kind of a spring, and fell forwards; died, and never spoke or groan'd; instantly, upon his falling. I heard a report of more powder, what I could not conceive at that time. I look'd about me, and saw Mr. Stirn stand in amaze, and immediately drew towards the door, as I apprehended to get away; upon which he was laid hold on by Mr. Warford, and pull'd to the ground. I immediately came up to him; he said, shoot me, shoot me, shoot me, for I shall be hang'd. I told him Mr. Mathews was dead; he said, he was not sorry, but was sorry he had not shot himself.

Q. to prisoner. If you please to ask this witness any questions, or do you chuse to leave it to your counsel?

Prisoner. I leave it to him.

Cross Examination.

Q. from prisoner. Whether Mr. Lowther did not call me a madman?

Lowther. I did, and said Bedlam was the fittest place for him, according to his behaviour; we were to have gone into a private room, and to have no words, and for him to behave in this sort, occasioned me to say so.

Q. Describe the situation all the parties were in at that time.

Lowther. Mr. Chapman, Mr. Mathews and I were together at the table; then Mr. Stirn came in, and Mr. Crawford came in after him. Mr. Chapman call'd Mr. Stirn out, he went away, Mr. Stirn came in again.

Q. Who were in the room at the time the pistol went off?

Lowther. There were left myself, Mr. Mathews, Mr. Crawford, and the prisoner, and several others that did not belong to our company.

Q. What room was you in?

Note, The Remainder of these Proceedings will be published in a few Days.

THE PROCEEDINGS ON THE King's Commissioners 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 10th, Thursday the 11th, and Friday the 12th, of SEPTEMBER,

In the Thirty-third Year of His MAJESTY's Reign. NUMBER VII. PART II. for the YEAR 1760. Being the Seventh SESSIONS in the MAYORALITY 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 for Newgate, holden for the City of LONDON, and County of MIDDLESEX, at Justice-Hall in the Old-Bailey, &c.

LOWTHER. They call it a parlour, on the left hand going in.

Q. Was it a public drinking-room?

Lowther. It was.

Q. How many people might there be in the room?

Lowther. There were 8 or 10 people in it, that were not at all concerned with us. There is one round table in the room, and we all sat at that table.

Q. How did you sit at that time you heard the report?

Lowther. I sat with my elbow on Mr. Mathews's shoulder, or on his chair. There was none betwixt Mr. Stirn and Mr. Mathews but me. Mr. Crawford sat directly behind Mr. Stirn; at that time the prisoner leaned over me before me.

Q. What did you see when he leaned before you?

Lowther. I apprehended it to be no other than a squib, I did not apprehend it to be a pistol, till after the Mischief was done, after that went off I saw the stash, and immediately heard the report.

John Warford . I was in the room at the Pewter Platter when this accident happened. I came into that room about half an hour after nine in the evening; I had not been there above half an hour before Mr. Mathews came in; there were three young gentleman there of my acquaintance.

Q. What time did Mr. Mathews come in?

Warford. He came in I believe about a quarter before 10, and Mr. Chapman with him; Mr. Mathews told me, they had been at Mr. Foote's; and he related the circumstances of what he had heard, and was extreamly pleased, and said, If you are dull go and hear Mr. Foote. Presently came in Mr. Stirn; Mr. Mathews sat with his back to the door, Mr. Stirn went round him, and sat down about 10 minutes by the fire place; then in came Mr. Crawford; immediately upon that Mr. Stirn got up, and went to Mr. Crawford, and they shook each other by the hand; Mr. Crawford is the gentleman that keeps the acadamy when Mr. Stirn lived; Stirn went then and stood at the back of Mr. Crawford's chair a considerable time; he came round after that, and stood at the back of my chair, I believe about 10 minutes; I thought he was gone out, but when I looked behind me, I was surprized to see him behind my chair; from thence he went to the back of Mr. Mathews, and lean'd on the back of a chair that a young man sat in next to Mr. Mathews, Mr. Cartwright's chair: he address'd himself to Mr. Mathews, and said, Sir, why did not you meet me (they are the words as near as I can remember) Mr. Mathews made answer, I had not an opportunity, I have been with Mr. Chapman - but I am here now (after a pause) upon that Mr. Crawford got up from his chair, and said, for God's sake, Mr. Stirn, I desire you will be quiet, moderate your passion, and said a good deal; he made answer, his honour was ruined, and his reputation; he had been turned out of the house like a villain and a scoundrel, and such like. Mr. Mathews made answer, Mr. Stirn, you had better be quiet, you will only expose yourself. Mr. Stirn made answer, he had been used very ill, he had been used like a scoundrel and a villain. Mr. Mathews said, instead of your being used very ill, you have used me very ill; you ran up and down stairs after my wife, and in the kitchen, and the reason you gave for it was this, that I was jealous of you, and you would give me reason to be jealous. Upon which Mr. Stirn reply'd, no, it was not so; indeed his wife had taken him by the hand, and had desired him to go down into the kitchen with her. Upon which one of the company said, I suppose not with any bad intention; no said Stirn, it could not be so, there were 2 of the maids in the kitchen, it was only to keep her company while she was ironing Mr. Mathews said to him, you will not say so to my wife's face, or the maid's; he said, yes, he would; and you yourself did call your wife whore. Then I took him up and said, I wonder you should mention such a thing in public company. I think it is very base Mr. Crawford wink'd at me; then I desisted; then Mr. Stirn said, I never had the pox. Mr. Mathews said, you are a scoundrel, and ought to be sent into your lowsey country; I believe Mr. Stirn was in the house 3 quarters of an hour; presently after that I saw the flash, which I afterwards found to be a pistol; I heard the report of a couple of pistols, I cannot preread to say I saw 2 flashes.

Q. What did you observe after this?

Warford. Immediately upon this the company was put into confusion; as to me, I could not believe my senses, till by and by I saw him attempt to run to the door.

Q. Did you observe any body dead in the room before that?

Warford. I saw Mr. Mathews seem as if he was shot, but it was so sudden, I could not pretend to say he was dead or not: I got up in a great passion, and ran after the prisoner towards the door, catch'd him by the collar, and stung him all along upon the ground, and had him on the ground between my legs. He desired I would kill him, I said no, you villain, I will not do you so great a benefit, you will be hanged. He was secured, and taken to Bridewell that night. I had some discourse, with him going there; I asked him how he could be guilty of such a crime to a man that had been his best friend in England. He said, his brother told him 3 years ago, he was afraid he would come to some unhappy end.

Q. What other persons were in the room at the time?

Warford. Mr. Ashurst and Mr. Cartwright were there.

Cross Examination.

Q. Was Mr. Lowther in the room during this conversation?

Warford. He was, the whole time.

Q. How many were there of you round the table?

Warford. There were 10 people round the table besides the deceased; I know the names of all of them except one, who was a stranger to me.

Q. Do you remember you, or any of the company, telling the prisoner he was mad, and ought to be confined in Bedlam?

Warford. I believe it was said so. Mr. Crawford endeavoured to make him quiet, but could not. I think somebody made use of that expres-sion.

Thomas Vane . I went into the room the instant that the report of the pistol was; I saw Mr. Stirn draw his arm back, and I saw something in his hand, I could not discern it to be a pistol.

Q. What did it look like?

Vane. It appear'd to be white; after that I saw him make to the door where I was. After he was down; they cry'd search him, search him; I heard him say, upon his honour he had no more pistols.

Edward Ashurst . I was in the room when this accident happen'd. I went there between 8 and 9 in company with Mr. Cartwright; I had been there about an hour when Mr. Mathews came in; soon after that I observ'd Mr. Stirn sitting in a chair; I did not see him come in; after about 10 minutes he got up, and walk'd back wards and forwards, and afterwards he came and leaned on Mr. Cartwright's chair, that sat next to me, and said, Mr. Mathews you have us'd me as an adulterer and a thief. Mr. Mathews desir'd him not to expose himself in public company, but sit down and be quiet; I did not take particular notice what past after; I heard the report of 2 pistols.

Q. How soon was this after that discourse?

Ashurst. I might be about a quarter of an hour after.

Q. Do you know who those pistols belong'd to?

Ashurst. I do not.

Q. Did you see any thing in the hands of the prisoner?

Ashurst. No, I did not.

Q. Did you see Mr. Mathews drop?

Ashurst. No, I did not, but I saw him afterwards.

Q. What did Mr. Stirn do on that occasion?

Ashurst. I did not see him till about 5 minutes after, the smoke was in my face; I saw Mr. Mathews about a minute after the report make a motion, and brought out some blood. I ask'd Mr. Stirn how he could do such a violent action; he said, he did intend to shoot himself as well as him (meaning Mr. Mathews) as I imagine. James Cartwright . I was next to the deceased when this happened; I heard the report of two pistols, but was looking another way, so cannot tell who fired the pistols; I heard Mr. Stirn say about 3 minutes afterwards, he wish'd he had shot himself; he did not care that he had shot Mr. Mathews, so that he had but shot himself.

Q. Do you know what became of these pistols?

Cartwright. I had one of them in my hand about 5 minutes afterwards.

Q. from prisoner. Did I say I did not care if Mr. Mathews was dead?

Cartwright. A gentleman pointed at Mr. Mathews and said, you villain, see what you have done; he said, he did not care if Mr. Mathews was dead, but wish'd he had shot himself.

Prisoner. Mr. Warford made use of a different expression; I said, I was only sorry I had not shot myself.

John Pew . I keep the public house where this accident happen'd, the Pewter Plaiter in Cross-street.

Q. Was you in the room at the time of this accident?

Pew. No, I was not; upon hearing the report of the pistols I immediately jump'd into the room, the room was all over smoke: Lord, God! said I, what is the matter? I saw the silver hilt of Mr. Mathews's sword; I immediately took him up in my arms, and put him on a chair, I believe somebody assisted me, I was in a great confusion.

Q. Was Mr. Mathews alive then?

Pew. I do believe he was, his eyes moved, and I felt his pulse; he died soon after; I got somebody to hold him while I went for a surgeon. I went to Mr. Chapman's door, then to Mr. Webb; somebody went to Mr. Warner; Mr. Chapman came in first, he said he is a dead man. Mr. Webb came in, and Mr. Warner was some time before he came in; the mob was so great, he said, what do you send for me for, he is a dead man. We look'd about, and found the pistols under the table. Mr. Warner the surgeon gave me the two pistols, and said, let them be as they are, and carry them along with you to the Old-Bailey.

Q. Did you observe they had been recently discharged, for such a thing is easily discerned?

Pew. We observed one in particular, the fingeing of the paper.

Q. Where is Mr Warner?

Pew. He is not here.

Q. Where were they found?

Pew. Under the table, I saw one of them under the table, but can't tell who took it up.

Q. Where have they been ever since?

Pew. They have been in my custody ever since ( he produc'd 2 new pocket pistols, with printed paper wrapp'd about each of them, and fastened on with black thread near the mussles) justice Herver said, they had never been fir'd before.

Peter Cuttey . I live with Mr. Jones, in Fenchurch street, he is a gun maker.

Q. Look at these 2 pistols. (He takes them in his hand)

Cuttey. These are my master's make.

Q. Do you know who sold them?

Cuttey. Yes, my shop-mate did, I was by at the time the gentleman desired they might be loaded, and I loaded one, and my shop-mate the other.

Q. When was this?

Cuttey. I don't know the time.

Q. Do you remember a remarkable murder committed at the Pewter Platter in Cross street?

Cuttey. Yes.

Q. Where they bought near that time?

Cuttey. They were bought about 3 or 4 days before that.

Q. Who bought them?

Cuttey. A very tall man, Sir.

Q. Was it an Englishman, or not?

Cuttey. It was a sort of a strange countryman, he could not speak good English, he carry'd them away loaded with him.

Q. What did he give for them?

Cuttey. He gave 18 s.

Q. Look at the prisoner.

Cuttey. My eyes are bad, I can't well see him.

Court. Go near him. (the Witness goes near the prisoner)

Cuttey. I can see now clearly that was the gentleman that bought the pistols.

Q. Are you sure of that?

Cuttey. I am.

Q. from prisoner. Whether I did not ask you, if I brought them back again unus'd, you would give me my money back again?

Counsel for prisoner. Have you any view in asking that Question, that the court cannot apprehend.

Prisoner. No, none at all.

Wm Watts . The prisoner was in the custody of a constable before I came.

Q. What are you?

Watts. I am high constable of that division. My servant inform'd me that night between 11 and 12 o'clock, that Mr. Mathews was shot, at the Pewter Platter. I went there, and saw Mr. Mathews lying dead in a corner of the room, there were many people there; I asked if they had secured the person that did it; they said he was in the midst of the people, pointing to Mr. Stirn; I asked him if he was the person that murdered Mr. Mathews; he said yes, Sir, I shot him myself, and no body else; I desired the people to take notice that he confess'd the fact; somebody reply'd, there was no occasion to be so particular, as there were so many people in the room that saw him do it; I asked him what could induce him to commit so horrid a crime; he said, his honour was wounded by Mr. Mathews, which was dearer to him than his life; and that he was only sorry he had not shot himself.

Cross Examination.

Q. Recollect the very words you said to him, when you ask'd him if he was the person that kill'd Mr. Mathews; whether you ask'd him, whether he was the person that did it?

Watts. To the best of my rememberance I mentioned the word kill'd; he said yes, he was the person that shot him, and nobody else.

Q. Were the other witnesses present, who have been examined before?

Watts. I don't know, the room was as full as ever it could hold, and he stood in the middle of them.

Samuel Chapman , I am a surgeon; I had been to the play with Mr. Mathews, I came with him to the Pewter Platter.

Q. Was you there when the accident happened?

Chapman. I was not; I was sent for after Mr. Mathews was killed to come to see him, to see if there was any thing that I could do as a surgeon for him; I found him quite dead.

Q. What was the occasion of his death?

Chapman. It was a wound made by a pistol-ball, as appear'd to me on the left side of the breast-bone.

Q. Did you examine the wound?

Chapman. I did, before the coroner? I traced it about 6 inches into the body.

Q. When was this?

Chapman. That was the next day; but I saw it immediately when I came that night; I had no doubt of it then, but that was the occasion of his death.

Q. Did you extract the ball?

Chapman. No, I did not, I did not attempt that.

Q. Did you feel the ball with your instrument?

Chapman. I did not, but it appeared by the wound to be given by a ball.

Q. How was the deceased for health that day you were at the Pewter Platter together?

Chapman. The deceased was in very good health, and very chearful.

Cross Examination.

Q. How long have you known Mr. Stirn?

Chapman. About a year and half, or thereabouts.

Q. Have you been well acquainted with him?

Chapman. Very intimate, he has been often at my house and drank tea, and we have drank together in the evening.

Q. Did you ever see any signs of insanity by him?

Chapman. Sometimes his behaviour has been very extraordinary, that I could not account for.

Counsel. In what, give an account.

Chapman. He us'd to entertain suspicion against Mr. Crawford, very strange suspicions, that I could not account for; when I have talk'd upon that subject, he talked as I thought very unreasonable; but at other times he talked like a man of sense and education.

Q. Can you mention any particular instance?

Chapman. A little before Christmas last, Mr. Crawford and he had a difference, and upon that occasion they both of them us'd to call upon me, and tell what had past between them; one story Mr. Crawford told me, was so very strange, that at that time I believe I did say (he must be mad) or some such words.

Q. Do you know of the prisoner ever making an attempt upon himself before this?

Chapman. He once said he had a design of shooting himself, and he escaped by a very extraordinary accident; he was loading a pistol for that purpose, and the ball was too big to go down with ease, and in endeavouring to push the ball down, he broke the rammer, and his expression was, he thank'd God, what a precipice he had escap'd.

Q. Did you look upon that as an act of lunacy?

Chapman. I rather looked upon it as an act of despair.

Q. Did he proceed thus for a day or two together, or only momentary?

Chapman. Only momentary before me.

Q. As to your opinion, whether there are not such cases of lunacy, where the lunaftic shall speak very reasonable and sensible, and shall be depriv'd of his reason some small time by sits?

Chapman. That has not fallen immediately in my way to consider of; I believe that is the case very often with mad people, that they have intervals, and those sometimes of very long duration; and it may happen, that the sits may be very short, I apprehend, and such, that the person may be deprived of reason, I believe, but I have not been conversant with these disorders; I thought Mr. Stirn was in despair, and endeavour'd to remove his despair, as much as I could, but I cannot take upon me to say I actually thought him mad.

Q. Do you think he was curable by medicine of this slighty madness?

Chapman. I can't say.

Q. Do thou think he was mad enough to be put into Bedlam?

Chapman. I believe not; I never heard of any, but as they have been represented by Mr. Crawford; I cannot give it as my absolute opinion that he was a madman.

Q. Upon your own particular knowledge what is your opinion?

Chapman. Upon my own knowledge, I don't think him a mad man.

Q. Do you think he could commit a murder, and not know what he was doing at that time?

Chapman. I think not.

Q. What did you call him out of the room for?

Chapman. I call'd him out to give him some advice.

Q. Did he then appear to be out of his senses?

Chapman. He appear'd to b e strangely agitated, but I can't pretend to say that it was madness.

Prisoner's Defence.

Mr. Chapman was always intimate with me and Mr. Crawford; he has frequently said to Mr. Crawford, that the man was to be pitied; if he was a fool, yet he might be an honest man; those were his speeches to Mr. Crawford, but now he seems to have forgot them. I insist upon it, that I have been distracted with the affront that Mr. Mathews has given me, that for 2 days I did not utter two sentences, and was not in my senses; I was oblig'd to lie all night in the bed in a high-fever, and quite distracted, and was asham'd to look into any body's face; for I thought, if they saw me, they would see it in me.

For the Prisoner.

Archibald Crawford . I have been acquainted with the prisoner since the month of June 1758, a little after he came into England.

Q. Do you know, during that course of time, that you have seen any symptoms of Lunacy by him; and if you have, give your reasons to the Court.

Crawford. Sir. Mr. Stirn. in his cool moments, was a person of so much good sense, and apparently with that good sense so very religious and virtuous, that every one that became acquainted with him were atracted with him, and esteemed him; yet notwithstanding this good sense and excellent appearances, he has fallen out into such extravagancies, that I never could account for upon any other principle, than supporting him insane; for notwithstanding he was dessitate of friends, and in a strange country, dependent wholly upon me and my favour, he has frequently, upon intimation of his honour-being mentioned, started to such a degree of sury, that I have been frequently surprized; when my friends have come to see me; he has ey'd them all with such a countenance, that they have intimated to me he was certainly mad. The minister of the German chapel in the Savoy, he has frequently said to me, this unhappy man is indeed mad, and I would have you get him shaved and bleeded every month, if possible. Mr. Stirn, notwithstanding my kindness, and protestations of kindness to him, us'd to intimate, that I and my wife, and servants, have at different times attempted to take away his life, by mixing poison in his tea, and other liquors; and he has frequently examin'd it. He has sometimes enter'd into a friendly conversation, and express'd the greatest sense and good nature; sometimes he would take my hand in his hand, and with an extasy say, Sir, you are my best friend in the world you have been my great benefactor and friend; he has instantly turn'd and said, I was a great villain, and had some great design upon him. I have gone in the fields with him sometimes, and he has behav'd in this extraordinary manner. I have communicated this to my friends, and to the unhappy victim that is dead, and frequently persuaded him from taking him into his house, telling him, that he was of that extraordinary turn of mind, that would give him such disturbance that would ruin his peace. I always imputed it to a degree of insanity; it was the sense of my wife, it was the sense of my sister, who us'd to say, for God's sake my dear, endeavour to get rid of Mr. Stirn, he will be that the death of you; and my sister has said, that at the change of the moon, and spring and fall, he was remarkably agitated, and stirred up. I remembered I was in his company one evening, he enter'd upon a subject, upon the properest method to be made use of in instructing of youth. I mentioned moderation and forbearance to children of bad capacities; to which he paid some attention; he started up, looking upon me with great fury; my wife got up, and seem'd terrify'd at him; saying, pray Sir go to bed; I standing up said, pray Sir go to bed; he raised the candlestick, and made several attempts at my head with it, which I defended with my left arm; I then pull'd him down to the ground; he then appeared in a dreadful fury; denouncing great fury; he went to bed, and the next morning he appeared as remarkable humbled, and would frequently say my dear Sir, I am hurried away by a force which I cannot repel, I am made the port of passion, and my distresses are exquisite on the consideration of it; these are the several reasons that I have for his insanity.

Q. Give the court an account of him at the time this affair happened at the Pewter Platter.

Crawford. My opinion that I form'd of him was, that he had some design upon himself, I imagined that he would destroy himself.

Q. Did you hear he had such a design before?

Crawford. I have heard he had, from a relation of Mr. Chapman, and he kept a naked sword in his room, and upon my crossing the passage he has started up, and put himself upon his guard, on an apprehension that I should kill him, or send somebody else to do it, as I was his best friend, and he depended upon me, and all my endeavours were to serve and benefit him; I thought his actions were unreasonable, and I imputed it to a kind of insanity that was not in his power to prevent.

Q. Do you know any thing what past on the 15th of August last in the evening?

Crawford. I believe it is necessary to begin at the 13th of last month. In the afternoon he came to my house, my wife told me he had been there; she said, my dear, I have seen Mr. Stirn, he looks frightfully, take care of him. When he came in he behaved with great coolness and moderation, I ask'd him to sit down; he ask'd me a question, and said, have you been at Mr. Welch's, and said any thing against me; I told him, Sir, upon the affair of the candlestick, I told him something respecting you, that gave great room for suspicion. I went in order to find out some method to get rid of him. My complaint to him was, that he at different times had behav'd in a turbulent manner, that I could not account for, that he entertain'd strange suspicions of me and my family, diametrically opposite to truth.

Mr. Recorder. What did you propose or desire Mr. Welch to do?

Crawford. I desir'd him to grant me a warrant to take him out of my house.

Mr. Recorder. Did you tell Mr. Welch you considered him as a breaker of the peace, or that he might be taken care of as a madman?

Crawford. No, I don't recollect I said any such thing, of his being a madman. I desir'd a warrant of Mr. Welch.

Recorder. Did Mr. Welch grant you a warrant?

Crawford. He did, when I got that I came home, and upon my coming home, I thought I would not serve the warrant, least I should deprive this unhappy youth'd of every way of subsisting; and I went to Mr. Mathews with the warrant in my hand, as Mr. Mathews had frequently entertained him in his house, and prosessed a friendship for him, notwithstanding my frequently desiring him not; I told him the behaviour of Mr. Stirn, telling him I had a warrant in my hand, and desired him as his friend to endeavour to persuade him to go peaceably cut of my house; he said he would not interfere in it at all; after that Mr. Stirn, upon some confession to me of sorrow for what he had done, I proposed he should continue with me in his business; but I would have him by all means quit my house, as my wife had been frequently terrified by him; he quitted my house the 25th or 26th of June last, and went to Mr. Mathews's: when Mr. Stirn came to my house and asked me this question, I said Mr. Welch had mistaken me in my relation; I said I did not intimate to him that he had been guilty of what had been laid to his charge, but Mr. Welch had mistaken me; (but this story has no relation to the matter of fact, so I need not mention it) I speak this least the character of justice Welch should be impeached, whole honour and good nature was very manifest in what he did; Mr. Stirn in my house spoke pretty loud; this was about the 19th; I said, pray do not speak loud, it is not a proper place to speak these matters in (he was speaking of Mr. Mathews) go to a coffee-house, said I, and I will come to you; he went out to Bartlet's buildings coffee-house; I and he went into a room together, in which room he recapitulated several particulars between him and Mr. Mathews; telling me Mr. Mathews had charged him with a most grievous violent crime.

Mr. Recorder. How can you apply this to evidence of insanity; here he gives you an account of all the disputes between him and Mr. Mathews, and now you would make this man quite a madman.

Crawford. I am under a necessity to speak all these matters, as he recapitulated some things upon my expostulating with him upon the necessity of pacifying Mr. Mathews, whom I had believed to have been jealous of him; upon my saying to him, Sir, whether these stories are well or ill founded, you ought to go to Mr. Mathews, and endeavour to reconcile him to his wife, least the consequence should be eternally unhappy; Mr. Stirn arose up and said, if I speak another word, he would - be would - in a great passion; said he, I shall suspect you and Mr. Mathews, together with Mr. Chapman, have laid a scheme in order to destroy and ruin my character; I called upon him to consider my past conduct to him, by endeavouring to bring about a reconciliation; he went from me in a strange kind of a disposition, as I thought, with suspicions of me; the next evening he came to my house with Mr. Chapman, he seemed to be under great perturbation of mind; we went into the fields to take a walk, he, Mr. Chapman, and I; I was endeavouring to get him to reconcile himself under those difficulties, under those of Mr. Mathews's putting him out of his house; he expressed many suspicions of me; saying, he did not believe I was his friend; on the bowling-green Mr. Taylor, the occulist, whom we met with, said, what was the matter with this man; presently I met Mrs. Taylor, she asked what was the matter; I said, indeed madam, he is certainly out of his senses; this was on the Thursday: on the Friday he came and dined at my house; after dinner he started up, and with a great appearance of wildness stared round him, uttering several invectives against the deceased; saying, he had wounded him in such a manner, he could not live under the crimes he had charged him with.

Mr. Recorder. Did you observe his behaviour on the evening, at the very time of this affair?

Crawford. That afternoon Mr. Stirn overtook me in Hatton Garden; seeing him in a strange disposition, I laid hold of his hand, and said, pray go along with me; he said he was going to see Mr. Chapman; I said he was not at home; I intreat you come along with me, several times pulling him by the hand; he came along with me, he entered into discourse respecting Mr. Mathews, and seemed to entertain those suspicions respecting me, in endeavouring to dishonour and bring him to disgrace; as we were going into the fields, I observed him look in a frightful manner, I said Mr. Stirn you have some bad design.

Mr. Recorder. What time was this?

Crawford. This was on Friday evening between 6 and 7 o'clock; he said, why so, why so; I saw fury and despondency fixed upon his countenance, I said I conceived that design to be upon himself; he started back and said, what makes you think so; then I replied, from his appearance; then he wanted to go away from me: I had an inclination to keep him along with me, in order to dispose him to a peaceable disposition; as I took him by the hand he started back, and looked at me from head to foot; I laid hold of him, and forced him to the White Conduit house, by Islington; when we came there, he said he would turn round; I still followed him, and said, my dear Sir, do not suffer the enemy to get the better of you; you are hurried away by some dreadful enemy, by endeavouring to bring you to destruction; he put his hand to his breast, and said, O Sir, I am abandoned by my God, I am lost in my character, and cannot live; and then burst into a flood of tears; I could not prevail upon him to go with me any farther, and then I parted from him; I went then to Islington, to the Angel, and told a gentleman there, that I had just parted with an unhappy youth, that I feared was in a despairing state; I quitted that company, and in the evening went to find Mr. Stirn, and found him at Owen's coffee-house, on the south side of Holbourn; whether he thought I had discovered any of his intentions or no, I cannot say; he changed in his countenance, and looked extremely passive; he said, now how do I look; I said you look very well; presently after he said he expected Mr. Mathews; I said he will certainly not come where you are; then he said he would go to Mr. Pew's, at the Pewter Platter; I endeavoured to persuade him to go to his lodgings, he paid no regard to that; upon my going to my house, and hearing Mr. Chapman was at Mr. Pew's, I imagined Mr. Mathews, Mr. Lowther, and the rest were there, in order to accommodate matters; I came in there, Mr. Stirn sat at the upper end of the room, looking desperately fierce; he got up and came to me, on the left hand side of Mr. Chapman, who sat at the left hand of Mr. Lowther, that was also on the left hand of Mr. Mathews; when he came round, I took him by the hand and squeezed it (as much as to say be peaceable) he drew his hand from me, and looked desperately wild; Mr. Chapman beckoned to him to follow him out at the door; Mr. Stirn seemed to pay no regard to him; I leaned over the chair and said, pray go; he went to Mr. Chapman; while he was out at the door I whispered Mr. Mathews, and said, pray Sir, let me speak one word in behalf of the unhappy youth; pray Sir, I intreat you to drink his health; consider his infirmity; Mr. Mathews said he would; but upon Mr. Stirn's coming in, and some words passing, which were very aggravating, and Mr. Mathews repeating some circumstances as his resentment was stirred up; he called him scoundrel, and said he should go home to his lousy country, or countrymen; and the rest of the company cried out, you are mad, you are mad, and ought to be confined in Bedlam; Mr. Stirn stood at my shoulder; there was a vacant chair betwixt me and Mr. Lowther, over which I believe he held his hand; Mr. Mathews expressing himself in these words; Mr. Stirn came, and I made way for him to fit down, thinking he was something easy; he was no sooner come, but I heard the explosion of 2 pistols; one of them finished the life of Mr. Mathews, and the other aimed at himself; after that I was so moved at the scene, that I quitted the room, and came back presently, and asked if Mr. Mathews was dead, and saw him lying over the lap of some gentleman, whom I cannot say.

Mr. Recorder. That is to me a dark expression; when I compare it with part of your evidence, where you propose a reconciliation between Mr. Mathews and a real madman, because you consider this man as a real madman.

Crawford. I never expected it would have been of a lasting duration.

Mr. Recorder. Was this expression he made use of (that his honour was wounded, he was represented as a thief and an adulterer) is that like an expression of a madman?

Crawford. I must confess I have heard and read of people under the infirmity of madness, that are at different times extremely sensible.

Mr. Recorder. Here is a man goes into a room where you are all in company, with a couple of pistols, covered and disguis'd in papers, and then commits this fact, is that a sign of a madman; I want to know upon what principles you form your opinion?

Crawford. To make a reply to you, would be a kind of presumption.

Mr. Recorder. Did not he behave in that regular uniform way in meeting Mr. Mathews, as any other man would have done?

Crawford. Yes, it had all that apprearance, but I must confess madmen may frequently have a design with a great degree of forethought and malice - this was only my opinion.

Mr. Recorder. Did he know where he went, and answer all appointments?

Crawford. Yes.

Mr. Recorder. You did not complain to Mr. Welch that he was a madman?

Crawford. I did say to Mr. Welch he had some unaccountable behaviour.

Counsel for prisoner to Mr. Chapman. You gave an account of the information you had received from Mr. Crawford, that you at that time had formed an opinion that he was at that time had formed an opinion that he was not in his right mind, that he was at times out of his senses.

Chapman. Yes, Sir.

C. for prisoner. Whether the facts that you were acquainted with by Mr. Crawford were the same facts that he has related in court?

Chapman. In general they are, but they are not so circumstantially related.

C. for prisoner. Are you now of the same opinion that you was at the same time that you gave Mr Crawford your opinion, supposing the case in the manner as Mr. Crawford has stated it?

Chapman. I cannot form an opinion of madness from it, there certainly was something more striking in the story he told, than what he has now related.

C. for prisoner. He has given an account that some of these slighty fits most frequently happened at full and change of the moon; is that a symptom that frequently happens to lunatic people.

Chapman. Yes.

Mr. Recorder. Here is an event that has continued from the 13th to the 15th of August, at the t ime the misfortune happened; can you suppose from your acquaintance you had with him, and the observations you made from his behaviour, this could be madness that lasted from that time, to the time of the death of the deceased; or do you imagine from what you have heard and observed, that this was a continued malice, from the 13th to the evening of the 15th, do you think a madness continued so long as that?

Chapman. I think not.

Counsel for prisoners. Whether in that time there might not have been divers short fits of madness?

Chapman. Yes.

C. for prisoner. Whether he might not repeat those acts of violence or madness, and yet in the intervals between he may be very cool and sober?

Chapman. Yes.

C. for prisoner. Do you know any case of any mad people when they have been in their fits of madness, whether they have not in some particular things appeared to be reasonable?

Chapman. It never once in my life-time fell to me to attend a madman.

C. for prisoner. Do not mad people act sometimes with great tunning to get out of the possession of their keepers?

Chapman. I believe from what I have heard they will.

C. for prisoner to Crawford. Do you now recollect any thing that you have omitted?

Crawford. One of the stories that Mr. Chapman alludes to was this; Mr. Stirn, walking in the fields one evening going along in friendly conversation, he in his, usual way started and star'd at me with a dreadful appearance, and said to me, you have certainly some ill design upon me; I frequently repeated to him, for God's sake hold your tongue; then he would say, I'll I'll I'll - and appear in dreadful agitation; there is another thing observable, and that is this; some people now present have heard Mr. and Mrs. Mathews say, they believed he was a person even out of his senses, and even a madman; Mr. Chapman can answer a question of that sort.

Chapman. I never heard the deceased; but since this unhappy affair I have heard her say, that both she and Mr. Mathews thought he was certainly mad.

Q. from prisoner. Whether Mr. Chapman, from my appearance, did not think I was melancholy mad.

Chapman. I thought you was in a desponding way.

Mr. Recorder to Crawford. What is your business?

Crawford. It is that of a schoolmaster.

Mr. Recorder. How long did the prisoner live with you?

Crawford. He lived with me near two years.

Mr. Recorder. During that time what was his imployment?

Crawford. It was to assist in teaching the classics.

Mr. Recorder. How came you to suffer a man, that you took to be a madman, to continue so long with you in that imploy?

Crawford. I did not look upon him to be a madman, but a periodical madness. I thought him in these fits, only when his honour was affected; I have heard there are many men mad, that at times are every way perfectly sensible.

Counsel for crown. The prosecutors desire to make no observation by way of reply. The jury in one minute found him guilty .

Death .

Then he, Demysey, and Odell, who were before convicted, were set to the bar; this being friday, they receiv'd sentence to be executed on the monday following, Dempsey and Stirn to be dissected and anatomiz'd, and Odell to be hang'd in chains. Stirn took poison, and died that friday night about 11 o'clock. Dempsey and Odell were executed according to their sentence; Odell was hang'd in chains near the place he did the murder; Dempsey dissected and anatomis'd and Stirn dissected, and buried in a cross road, with a stake through him, near Black Mary's Hole.

262. (M.) Ann, wife of James Belman , was indicted for stealing one linnen gown, value 6 s . the property of Emanuel Smith , September 30 .8

Acquitted .

263. (M) She was a second time indicted for stealing a bed quilt, two window curtains, and a tea chest, the property of Emanuel Smith , in her ready furnished lodgings .

Acquitted .

264. (M.) William Anderson , and Jane his wife , and Barbara, wife of Alexander Davidson , were indicted for stealing five several orders for the payment of money , being the property of Thomas Morris , and each of them unsatisfied for, December 2d .*

What were laid to be orders in the indictment were seamons tickets, which are only certificates from the officers of the ship; how long the party was on board, and what deductions are to be made for cloaths, tobaco, &c. and how much neat money is due to the sailors; they not being orders, but vouchers or certificates.

They were all three Acquitted .

265. Ann Sutton , otherwise White , spinsters , was indicted for stealing two pair of sheets, value 10 s. one cotton quilt, value 12 s. one copper tea kettle, value 5 s. one brass candlestick, value 5 s. one table cloth, value 18 d. the property of Michael Coppock , in her ready furnish'd lodgings , August 16 . The prosecutor was call'd, and did not appear.

Acquitted . The recognizance ordered to be extracted.

266. ( M.) Thomas Bunce , and Elizabeth his wife , were indicted for stealing one silver watch, value 3 l. and 10 s. 6 d. in money, the property of John West ; and three guineas and 5 s. in money number'd, the property of Littleton Weaver , in the dwelling house of John Passingham , August 12 . ++

John West . I live at Hesson, I was at harvest work, and did not care to carry my money about me, I put my watch, a silver one, and money into a box; the two prisoners saw me put the last half guinea into it; I went out for about an hour and half, and when I returned the box was broke open, and my watch and money gone, and I never heard of them since.

Littleton Weaver. I had three guineas and two half crowns taken out of the box at the same time; there were no other person in the room when we left it but the two prisoners.

John Passingham . I heard the two prisoners acknowledge they would make the money and watch good before the justice, if he would acquit them, but they strongly denied their taking them before the justice.

Both Accquitted .

267. (M.) Ann Brewer , spinster , was indicted for stealing one bushel of cucumbers, value 3 s. the property of Joseph Beal , July 31 . ++ .

Jos. Beal. I live in Penitent street .

Q. What are you?

Beal. I am a gardener ; on the 31st of July I went up stairs to bed, hearing a noise I came down again, and we went in order to find the people; we had a cart that stood loaded with goods in my yard ready for market; on the morning we found a maund of cucumbers stolen out of the cart, about the quantity of a bushel; we found afterwards the woman at the bar in my ground, in about half an hour's searching.

Mary Wood . I am servant to the prosecutor; I went out to shake the table cloth after supper; I saw the gate open, I went to shut it, and heard something in the cart, there was a great bustle, and something fell out of the cart; I call'd out, the cart was robb'd; I saw a maund of cucumbers lying under the cart; I stepp'd over the kennel, and saw a woman rise up, and go into a close that was paled round; I believe she fell out of the cart; we went round it to see for her, and in about half an hour's time we found the prisoner among some willows in the ditch; we put her into the watchhouse; she said, she hoped we would not hurt her. In the morning we found the rope of the cart was cut; this case knife (producing one) she left on a basket in the shed.

Q. Did she own it to be her knife?

Beal. No, she did not; we had lost cucumbers 2 times before that, but can't say who took them.

Acquitted .

268 (M.) Mary Thompson , widow , was indicted for stealing 3 s. in money , the money of Lion Solomon , Aug. 21 . ++

Lion Solomon. My master sent me to market, and gave me half a guinea to buy some meat; I bought as much as came to 13 d. a woman took hold of me, and would have me go along with her; I would not at first, but there she took me in the grass, and made me do what I would not do, so I could not help myself, she was a strong woman, and I could not get loose from her; she took 3 s and 3 d. from me, I was crying out murder, and they brought her to the century box; so I went for a constable, I met with a constable's wife, and she came along with me; the woman desir'd to speak to the constable's wife.

Q. Who was that woman?

Solomon. It was the prisoner at the bar; I told her it was my mother's money, and she must give it me again; she gave me half a crown again in the century box; then a corporal came and turned her out of the century-box, and turned me away too; so the people took hold of her, and hold of me, and brought us before justice Cox in the Strand.

Q. Where was this done?

Solomon. In St. James's park.

Q. Where do you live?

Solomon. I live in Petty France.

Q. Where did you go to market?

Solomon. I went to market in Chandois-street, Charing-cross, they kept me in the watchhouse all night.

Jane Wilmot . The young lad the prosecutor came to my house.

Q. Where do you live?

J. Wilmot. I live in Long-ditch, Westminster; he knocked at the door, and asked if the constable was at home; I said no.

Q. Is your husband a constable?

J. Wilmot. Yes; he said can you tell me where another lives; saying, he was a stranger, and had nobody to take his part, and that he was robbed in the park, by a woman, and it was his master's money; I unhappily went with the lad up to the century box, there was a woman; I said to the century you must take care of this woman; then she put her hand out of the box, and said, I want to speak with you; said I, do you know good woman what you have done, you have done a thing that will hang you; she said, I know what I have done; said I, return the money, for if you are turned out, the mob will tare you to pieces; said she, I will return him 2 shillings; she took her money out of her apron, and returned him a shillings and 6 pence; then the corporal came up, and said, what is here; the century said, I have got a prisoner for a robbery; who is she, said he, then he looked into the box, and said, so you bitch is it you; he turned her out of the box, and away she and the boy went together, I know no more of it.

Q. Is this the same woman?

J. Wilmot. Indeed I do not know that it is the same.

Prisoner's Defence.

I am not the woman, I never did such a thing; indeed I never took anything from him.

Q. to Solomon. What time of night was this?

Solomon. It was about 9 at night, to-morrow night will be 3 weeks.

Acquitted .

269. (M.) Thomas Shaw , was indicted for breaking and entering the dwelling house of Martin Bulmore , Esq ; and stealing four quart bottles, value 4 d and four quarts of wine, value 4 s. the property of the said Martin, in the dwelling house , December 4 .*

Martin Bulmore. I live at Southwell , I have had wine, rum, and brandy, stole out of my cellar at different times; I have a witness here to prove that the prisoner was the person that opened the lock, and took the liquor.

Q. Is your cellar joining to your dwelling house?

Bulmore. It is.

Q. Is it under the same ruff?

Bulmore. It is.

Q. Is there a door out of your house into it?

Bulmore. No, the door is on the outside.

Isaiah Nichols . This blacksmith, and his shop-mate took four bottles of wine out of Mr. Bulmore's cellar.

Q. Who do you call blacksmith ?

Nichols. The prisoner at the bar, he lives at Southwell.

Q. How did he get into the cellar?

Nichols. By a key.

Q. Did you see them open the door?

Nichols. I saw the prisoner's partner, named Frail, open the door.

Q. Where is he?

Nichols. He is run away.

Q. When did they open the door?

Nichols. At 3 o'clock in the morning, on the 5th of December.

Q. How came you up at that time?

Nichols. I was up doing my master's horses.

Q. Did you go into the cellar?

Nichols. No, I did not, but I saw the bottles when they were brought out, and they gave me some of the wine to drink.

Q. What colour was it?

Nichols. It was some white and some red.

Q. Which did you drink of?

Nichols. I drank some of the white.

Q. Who is your master?

Nichols. I did live with the prosecutor

Q. Why did not you tell your master?

Nichols. They drew me into their company, and I was afraid to say any thing; I did not care to blow them if I could have helped it.

Q. What did they do with their wine?

Nichols. They drank their wine at Mr. Bailey's shop, their master.

Cross Examination.

Q. How many bottles did you see taken out of the cellar?

Nichols. There were 4 taken out one time, and 4 another.

Q. When was it the other 4 were taken?

Nichols. They were taken in August.

Q. Do you know where Joseph Frail got that key?

Nichols. No, I do not.

Q. Did they both go into the cellar?

Nichols. They did.

Q. Did you see them all the while?

Nichols. I did.

Q. Had you any conversation with the prisoner before?

Nichols. No, I had not, but they gave me some of it to drink at their master's shop.

Q. Did they give you any the next time?

Nichols. They did.

Q. When they came the second time did you ever tell your master of it?

Nichols. No, I did not say a word.

Q. Why did you not?

Nichols. I was afraid to tell him.

Q. Did not your master first charge you?

Nichols. Yes, he charged me with stealing it, and I told the truth.

Q. Did he make use of any expressions by way of threatening you, or any promise to you in order to your confession?

Nichols. He said I should come to no harm if I would tell the truth.

Q. Should you have discovered it to your master if he had not first charged you?

Nichols. I had a great mind to open the case a great while before, but my heart failed me.

Counsel. Then you made this discovery in order to save yourself.

Nichols. Yes.

Samuel Marsden . I was a servant to Mr. Bulmore; I heard the prisoner at the bar say, what a rogue this Nichols was for telling of them, when he had as much wine at his christening as would have cost him 5 l.

Q. When was this?

Marsden. This was a few days after they were taken up.

Henry Townsend . Nichols called to me on the Thursday in Christmas week.

Q. What are you?

Townsend. I was a servant to Mr. Bulmore; he asked me to go with him to get some wine out of master's cellar; I did not resolve him whether I would go or not; in the morning he came and called me, and I looked out at my chamber window, and told him I would not.

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

Townsend. I heard him say, Isaiah Nichols had as much liquor at his christening as would cost him 5 l. and that Nichols was a rogue for telling Mr. Bulmore of it.

Prisoner's Defence.

I leave it to my counsel to call my witnesses.

For the prisoner.

Richard Bailey . The prisoner at the bar has lived 18 years with me apprentice and journeyman.

Q. Where do you live?

Bailey. I live opposite Mr. Bulmore, the prisoner worked with me to the time he was taken up.

Q. How has he behaved?

Bailey. He has behaved very well all the time he lived with me; I trusted him with my business, and with hundreds of pounds, I may say thousands; he always brought a true account according to the book; he was always very diligent.

Prosecutor. When t his affair happened, did you not bring a key over to try if it would undo the lock, and say the prisoner was a rogue, and had been a robbing you for years.

Bailey. I carried Mr. Bulmore a key and asked whether that key would do; but it would not.

Q. What did you say?

Bailey. I said nothing at all about it; but that I was very sorry such an affair should happen, if it was so.

Q. Has there been any quarrel between Mr. Bulmore and the prisoner?

Bailey. There has been a dispute between Mr. Bulmore and Mr. Ascue, and the prisoner was a witness against Mr. Bulmore on that occasion.

Nathaniel Ravenor . I have known the prisoner 15 or 16 years.

Q. What has been his character?

Ravenor. He has an honest character; a very honest young fellow as any in England.

John Axtal . I have known him ever since he was four years old.

Q. What is his general character?

Axtal. He is well respected by his neighbours.

Q. to Bailey. Had you not one Joseph Frail lived with you?

Bailey. I had, but I do not know where he is; he is gone off.

Q. Was Frail a witness against Mr. Bulmore on any occasion?

Bailey. No, not as I know of.

William Robins . I have known the prisoner seven years.

Q. What is his general character?

Robins. It is that of an honest man, as far as ever I heard.

Roger Westbrook . I have known him almost 20 years.

Q. What is his character?

Westbrook. He is a very honest man, I never heard any thing against him before this accident.

John Batson . I have known him about nine years.

Q. What is his character?

Batson. He has a very good one.

William Waite . I have known him 15 years, he is a very honest man.

Henry Redford . I have known him 15 or 16 years, I always thought him to be a very honest young man.

Robert Coles . I have known him almost twenty years; I live in the neighbourhood; I never knew any thing dishonest by him in my life.

Acquitted .

He was a second time indicted for stealing four bottles, value 4 d. and four quarts of wine, value 4 s. the property of Martin Bulmore ; no evidence were produced.

Acquitted .

270. (L.) Elizabeth Stavely , spinster , was indicted for stealing one stuff gown, value 1 s. two linnen aprons, one linnen shift body, one quilted petticoat, one pair of cotton stockings , the property of Ann Clark , August 1 .

Ann Clark . I live at Chelsea; I lost the things mentioned in the indictment out of my father's house.

Q. Why do you charge the prisoner?

A. Clark. I found this gown (producing one) on the prisoner's back when I saw her in the compter; I heard she was in Woodstreet compter, so I went and found her there; she was committed for something else.

Q. What is it made of?

A. Clark. It is silk and stuff; the pawnbroker has the shift body, and two aprons; he is here.

Q. When did you find them?

A. Clark. I found them about the beginning of August.

Q. Did the prisoner live in your house?

A. Clark. She came backwards and forwards a chairing in our house.

Q. What did the prisoner say for herself?

A. Clark. When I found my gown upon her she did not deny it.

Q. Did she say where she had it?

A. Clark. I did not ask her, because I knew where she had it; she told me where the stockings were in pawn, and I went and fetched them, and paid a shilling and a penny.

James Tapper . I am an apprentice to a pawnbroker; he produced a shift body and two aprons.

Prosecutrix. These are my property.

Tapper. I took them in of the prisoner at the bar; she went by the name of Elizabeth Morris .

Q. Did you ask her whose they were?.

Tapper. I did not, because she had as good things upon her back.

Prisoner's Defence.

She lent me those things.

Q. to A. Clark. Upon your oath, did you lend the things to the prisoner?

A. Clark. Upon my oath I never did; I never lent her the worth of a halfpenny or farthing in my life; she never asked me to lend her any one thing; she has asked for a penny or two-pence to get her a dram, or I have told her to go to the public house in my name.

Guilty .

[Transportation. See summary.]

271. (L.) William Gibbs , was indicted for stealing 3 silver tea spoons, value 5 s. the property of Tho Bale , July 24 . *

Tho. Bale. I live in Turk's head yard, Turnmill-street .

Q. What are you?

Bale. I am an inmate, and rent three rooms; this William Gibbs work'd with me a considerable time, and always behav'd himself with great honesty till this time.

Q. In what business are you?

Bale. I am in the watch-making business , he was my journeyman ; he desir'd to lodge with me, in order to get up at proper hours. On the 24th of July he had a command to attend his officer, in order to be drafted abroad; I cast up what little matters were owing to me, and paid him the rest of the money due to him; he being to go abroad, we drank together, and I wish'd him a safe return; and after I parted with him, I thought of a key that I let him have to let himself in and out of my room, for he chose to stay later than I sat up. I forgot to ask him for that key; I went home, and miss'd the spoons that were upon the mantle shelf.

Q. What time was this?

Bale. This was near ten in the evening; I went to ask after them, and found him in Cow Cross; I charg'd him with taking my property; he abus'd me, and was very drunk.

Q. In what place did you find him?

Bale. I found him in the street leaning against a post; I took him to the watchhouse; he was search'd, and the three spoons were found upon him.

Tho Newbury . I am a watchman, I was order'd to take the prisoner and search him; I pull'd these three tea spoons from out of his left hand breeches pocket, and Mr. Bale said they were his spoons, by a private mark (produc'd in court)

Prosecutor. These are my spoons to the best of my knowledge, one spoon may be like another, but they are like my spoons, I miss'd 3 spoons.

Q. to Newbury. What did the prosecutor charge the prisoner with?

Newbury. He said he had a suspicion the prisoner had robb'd him of some silver spoons.

Q. Did he say how many?

Newbury. I think he said three in the watch-house, and three were found; the prisoner seem'd very much in liquor, he seem'd quite stupify'd with liquor; we took him before an alderman.

Q. What did he say before the alderman?

Newbury. He made little or no answer; all that I heard him say was, he said they were found upon him.

Q. to prosecutor. You mention you was very sorry he was going abroad.

Prosecutor. No, my lord. I am not a traitor to the government. (The spoons inspected by the court and the jury)

Q. Here are letters mark'd on them.

Prosecutor. I had mark'd them, in order to send them to the engraver to be engrav'd.

Prisoner's Defence.

On the 24th of July I was at work at the prosecutor's house. My corporal came to me in the afternoon; he ask'd me if I was willing to go abroad with the company; I told him I would, and left my work immediately; he and I went over the water, to give notice to others that had no more notice than I. It might be about seven at night when I came to Turnmill-street, at the Nag's head; there sat my master Bale; when I got my napsack, and every thing fit to go broad, he brought my napsack and firelock, and put my things in it; he ask'd me, if he could arrest me, that I should not go abroad. I said, I did not know; then he swore he would swear a robbery against me to save me. He bid me to take three of his tea spoons; I did; then we came to Field lane, and drank with some young fellows that were going abroad, there I fought a man, he held the tea spoons all the time; he brought a fork afterwards to mark these spoons, that he might swear to them; after that he went and got the watch, and took me in custody; after that he told me he would only put me in goal, he would not throw in a bill against me.

Q. to prosecutor. Did you propose to do this, in order to keep him from going abroad?

Prosecutor. I never propos'd any such thing.

Guilty .

[Transportation. See summary.]

272. (L.) Henry Green , was indicted for burglariously breaking and entering an out-house, being part of a dwelling house belonging to Joshua Hanson , with intent to steal the goods of the said Joshua , July 26 . ++

Joshua Hanson. I have a warehouse belonging to a dwelling-house where I live, that was broke open about two o'clock in the morning on the 26th of July.

Q. How do you know it was broke at that time?

Hanson. I hearing a noise, got up to see, and there was a sow out of the sty; I heard a very great noise, and upon looking about, I saw a man lying by some casks; after that he was removed to another place; I call'd up my servant, we took him, and found it to be the prisoner at the bar, he had been my servant; I took him before an alderman; he own'd he was the person that was found there; he was ask'd how he came there; he said he had been employ'd there, and he went in to ask for his money; we found one of the pigs dead in the sty.

William Souden . My master and I went into the hog-sty, and saw nothing at all at first; after that master said he saw a man's hand, the prisoner had hid himself behind a cask.

Q. Which way did he come in?

Souden. He must come in at a wicket I imagine, there was a broomstick lay in the hog-sty.

Q. Did you hear the man examined?

Souden. I did.

Q. What did he say for himself?

Souden. He said he came to be paid his wages.

Henry Hayes . Master call'd me up as the clock struck four; I came into the yard; he said to me I have got a man in the yard, he lies upon a cask; I went in and saw a hand; then I said hollow two or three times; then he said hollow; I said who is there? he said it is me; I said who is that? he said it is me again; then I said, it is Old Harry, we call'd him so, he had liv'd fellow servant with us; master said is it Green; yes, he said.

Q. Was you before the alderman?

Hayes. I was.

Q. Did he own any thing?

Hayes. He own'd nothing there, but that he came for some money.

Q. Who fastened the yard gate?

Hayes. I did; it was a door, it was lock'd and bolted every night at 11 o'clock when I went to bed.

Q. Was the lock broke?

Hayes. It was not, but he had keys that could open any lock about our house.

Q. How do you know that?

Hayes. He has been detected in opening them; I have a key here that was found in a cupboard that he had the use of some time before.

Prisoner's defence.

One of the men own'd me some money; I went to the door, the little gate was open, where the officer goes in to take his survey; I went in there, and being in liquor, sat down where the cooper does his business; I began to be sleepy; I went into the hog-sty, and fell asleep; it is a very likely thing indeed, that I should go there to kill a pig, and not take it away when I had done. I will not say but that I did abuse them. in calling them a name or two; I might say something to them more than was handsome, that was all. I was his servant two years.

Acquitted .

273. (L.) Thomas Robinson , was indicted for stealing one saddle girt, value 6 d. and one bridle, value 10 d. the property of James Crompton , July 21 . ++

James Crompton . I live at the Axe inn in Aldermanbury ; there was a bridle and girt taken away, I can't tell who took them.

Robert Turner . I took this bridle and girt from the prisoner at the bar ( produc'd in court.) I am servant to Mr. Crompton, I had a suspicion of the prisoner, and found them in his pocket.

Cross Examination.

Q. Whose bridle and girt are they?

Turner. I cannot tell, they belong to some person in the country.

Q. How long had they been in your custody?

Turner. They had not been in my custody but about two days.

Q. Did you ever see the prisoner in the stable?

Turner. No, he was drinking at our house all that afternoon, and I saw him in the yard.

Prisoner's Defence.

I know nothing at all about them.

For the prisoner.

Mr. Green. I have known the prisoner between three and four years, I never knew no ill of him.

Mr. Wright. I knew him from a child, he is a very honest man, and comes of honest parents,

Mr. Dixon. I have known him 13 years, he bears the character of an honest man.

Mr. Flowers. I have known the prisoner sometime, he bears the character of an honest man.

Acquitted .

274. (L.) Mary Jones , spinster , was indicted for stealing four yards and half of silk ribbon, value 2 s. the property of Hannah Wootton , widow , September 11 . ++

Hannah Wootton. I live in Red Cross street by Cripplegate ; this morning the prisoner at the bar came into my shop, I saw her put her hand in her pocket, and after she was gone, I miss'd four yards and a half of ribbon.

Q. Did she buy any thing?

H. Wootton. No, she did not agree with me for any thing, I did not like her, and so she went away; I had shewn her two drawers of ribbon; after she was gone I was standing at my door, and she came by again, and I stopp'd her, and found the ribbon upon her.

Christiana Wootton . After the prisoner was gone, my mother was standing at the door, the prisoner came by, and my mother pull'd her in.

Q. How long had she been gone?

C. Wootton. She had been gone the value of half an hour; she was searched in the shop after we got a constable, and we found the ribbon upon her.

John Nursey . I am a constable; this ribbon was found upon the prisoner at the bar (producing divers pieces, depos'd to by prosecutrix and her daughter)

Guilty .

[Transportation. See summary.]

275. (M.) John Hughes , was indicted for stealing one cloth coat, value 12 s. one laced hat, value 10 s. and one velvet cap, value 8 s. the property of Archibald Cockeron , Esq ; in the stable of the said Archibald, privately and secretly , July 7 . ++

Thomas Reynolds . I am coachman to Esq; Cockerons I lost a great coat, a hat, and a velvet cap, out of my master's stable, they were my master's property, but he gave them me to wear; my stable door was double lock'd over night, the 7th of July, and I found it open on the next morning.

Q. How do you think it was opened?

Reynolds. I believe it was opened by a false key; I heard a noise in the night, but I did not get up, I thought it was my horses.

Q. Where is your stable?

Reynolds. It is in Harley street, Cavendish square .

Q. Do you know who took the things?

Reynolds. I do not; I can't say that I know the prisoner, or ever saw him about the stable.

John Woodman . I am a watchman in that ward, I saw the prisoner come out of the stable; and I ran round another way and catch'd him.

Q. When was this?

Woodman. This was on the 7th of July, about 2 o'clock in the morning; he made off as fast as he could; I went up to him and said, what have you got here? he said only a girl; a comical girl, said I, let me see what you have got; he dropp'd it down, and I pick'd it up; he got ground of me, having too great share of heels; I describ'd him afterwards.

Q. What did he drop?

Woodman. A hat, a cap, and a furtout coat; there was a woman with him, she had the coat, but she deliver'd that to him before he dropp'd them, in order to run away; I took and secur'd her.

Q. How was the prisoner taken?

Woodman. The next witness can give an account of that. ( the goods produc'd, and depos'd to)

Jos. Higgens. I happen'd to be at a public house, the goat and 3 tuns, in Bunhill row, about 8 o'clock to-morrow will be 3 weeks, the prisoner challeng'd me with putting a dark lanthorn into his pocket; I took him by the collar, and ask'd him what reason he had for that, and sent for a constable; when the constable was sent for, he said, can't this affair be made up before the constable comes; I said no, then the people would think I was guilty of what you charge me with; then he pull'd out five keys, and held them to the landlord, and said, take these till I ask for them; the landlord would not take them; then the prisoner dropp'd them under the table; the constable came, and ask'd what I gave him charge of that man for; I said, for charging me with putting a dark lanthorn into his pocket. Said the man of the house, there are some keys dropp'd under the table; the constable took them up, and said, these are picklock keys.

Richard Price . I was sent for as a peace officer to take cha rge of the prisoner; there were those keys under the table (produc'd in court) and a dark lanthorn was upon the table; we search'd him, and found five large keys and a small one in his pocket, and a tindar box, and a razor to strike with, and a flint; we took him before the justice, there he was charg'd with robbing a stable; he deny'd it; justice Fielding told us, his wife * was transported but last sessions for being concerned in this thing.

* See the trial of Deborah Hughes , No, 232. in last sessions paper.

Prisoner's Defence.

My wife was cast for this same thing last sessions; she used to run away from me for eight or nine weeks at a time, and keep another man company; this watchman, before justice Fielding, could not swear to my person, but to my voice; that I said d - n you take the cloaths, and flung them at him; and I was about three score miles distant at the time; I was at Fenny Stratford when the robbery was committed.

Guilty, 4 s. 10 d.

[No punishment. See summary.]

276. (M.) William Dawson Pilkington , was indicted for stealing 192 copper half-pence, value 8 s. one weaver's shuttle, value 6 d. one pair of shears, value 4 d. and one hat, value 3 d. the property of John Whalan , August 21 . ++

John Whalan . My wife lay dead, and I had 192 halfpence, the quantity of 8 shillings, and I suppose more, which I locked up; the neighbours contributed and raised it for me, in order to pay the expences of burying my wife; I locked them up in a cupboard, and went to sleep; there were none knew of it but the prisoner at the bar, William Dawson Pilkington ; when I awoke my cupboard was broke open, my lock lying on the ground, my shuttle, shears, and hat, were taken away; I went in quest of him, and found him with my hat on his head; he had absconded the place from the time the money and things were missing, and my place was his place of abode; he made a great resistance when I took him, I was obliged to buy a cord to confine him.

Q. What part of the house were your things taken from?

Whalan. The money was taken from out of a corner cupboard, the shuttle and shears out of a chest of drawers, and the hat was in my room.

Q. When did you miss them?

Whalan. On the 21st of August last, and I found the hat upon him the 23 d.

Q. from prisoner. How did you come by that hat; the hat is mine.

Whalan. First the hat was his hat; my wife was sick, and I had a good hat, and I pledged it to support my wife and children in her illness; he had pawned his hat; and I wanted one to go out about my business, so he desired me to release his hat, which I did; I paid my own money for it, so I think it is my hat till he gives me the money again.

Prisoner. There were many people in the house when the lock was broke.

Whalan. No, there was none but the prisoner.

Prisoner. The prosecutor left a woman in the room.

Prosecutor. I left my girl near 20 years of age to take care of my children.

John Newsom . What the prosecutor has related, as to the circumstances of it, I know to be true; he was there in the morning in the neighbourhood, saying, I am undone, I am undone, my money is taken away; and I know the prisoner absconded that morning; I was with the prosecutor when he took him.

Q. Did he confess any thing?

Newsom. No, he did not.

Prisoner's Defence.

I am innocent of the affair, I know nothing of the affair; if my life is taken away it is wrongfully; there are a couple of women without that know me, Eleanor Welden , and Sarah Jones .

For the Prisoner.

Eleanor Welden . I have known the prisoner eight years.

Q. What is his general character?

E. Welden. I never knew a halfpennyworth of ill of him in my life.

Q. How does he get his living?

E. Welden. He is a weaver .

Sarah Jones . I have known him 17 years, I know him to follow the seas, he fail'd with a brother of mine.

Q. How has he behav'd?

S. Jones. I never knew him to wrong Man, Woman, or Child.

Acquitted .

277. (M.) Richard Pennythorne , was indicted for stealing one looking-glass, value 7 s. the property of Oliver Moit , Aug. 21 . ++

John Scott . I saw the prisoner at the bar throw this looking glass into a ditch (producing one)

Q. Whose property is it?

Scott. It is the property of Oliver Moit ; the man has been at sea some time, but I know it is the property of the woman.

Q. Who are you?

Scott. I am a waiter, and serv'd my time to a vintner and cooper; I went into the woman's house with a pint of beer; she was gone out, and I was talking to the maid; I heard something give a crack in the room; I said there is somebody gone out of the house; the maid got up; and went into the room, and came and said, she did not see any body, but said the glass was gone.

Q. Did you see the prisoner in the house?

Scott. No, I did not, I ran out, and there I saw the prisoner with the glass in his hand: I ran after him; and he throw'd it into a dry ditch, there I found it,

Q. Where does the prosecutor live?

Scott. Betwixt St. James's Park and Chelsea, in the way to Ranelangh.

Q. How far from the house did you find it?

Scott. I found it about 50 yards from the house.

Cross Examination.

Q. Where do you live?

Scott. I live at Avery farm, about two doors from the woman's house, at the sign of the Royal Oak.

Q. What sort of a house does the woman keep?

Scott. There is no name only a board wrote up, a coffee-house.

Q. Do not you know the prisoner to be a man of credit and reputation?

Scott. I do, I have heard he is so.

Q. Do you think he took it with an intent to steal it.

Scott. I can't say he did.

Q. Where is Mrs. Moit?

Scott. She is at home very ill.

Q. Was not she angry with you for stopping the prisoner?

Scott. No, she was only angry, fearing trouble, she wanted no trouble at all, she is a very honest woman, I'll assure you.

Q. Was not the woman desirous of having the prisoner discharg'd?

Scott. She was very agreeable to it.

Elizabeth Rowson . I am servant to Mrs. Moit; I was in the kitchen when Mr. Scott came in; he said he heard something snap in the parlour; he look'd out, and said there is a man gone out of your parlour; I was not so nimble as he, I went and miss'd a looking glass; Mr. Scott ran out, he pursued the prisoner; I went out, and saw the glass under the prisoner's coat, and I saw him put it into the ditch; he was in a different habit then than what he is now, so I will not be positive; his nose and mouth were all bloody.

Q. to Scott. Was this evidence with you when you was in pursuit of him?

Scott. She was.

Q. Are you certain the prisoner is the person that flung the glass in the ditch?

Scott. I am very clear in that.

Q. to Rowson. What house does your mistress keep?

E. Rowson. She keeps a little coffee-house.

Q. Where is her husband?

E. Rowson. He is on board his Majesty's ship the Guernsey.

Q. Did you ever see her husband?

E. Rowson. I have.

Q. How long ago?

E. Rowson. About six years ago.

Q. After the prisoner was taken, what was your mistress's behaviour on that occasion?

E. Rowson. She wanted him to be released.

Mary Bradley . I am not servant to Mrs. Moit, but she knew me from a child; I call'd to see her that day, Mr. Scott and the maid were in the kitchen; Mr. Scott said, Betty something cracks in the parlour; he look'd to the street door and said, he saw a man go out; I went into the parlour; and said, Betty, your mistress's glass is gone; Mr. Scott and she went out after the prisoner; I saw them pursue him, and he throw'd the glass into the ditch, a little beyond the watchhouse.

Q. Are you sure the prisoner is the man?

M. Bradley. I am sure he is.

Q. What time of the day was it?

M. Bradley. I think it might be between four and five o'clock in the afternoon, I can't justly say what day: I really think he was much in liquor when it was done.

Q. Did you know the prisoner before?

M. Bradley. I know nothing of him.

Q. Was he acquainted with Mrs. Moit?

M. Bradley. Not as I know of.

Q. Do you think he did it with an intent to steal it?

M. Bradley. Upon my word I do not think he did.

Prisoner's Defence.

I was not at the house, nor know nothing at all of it.

For the prisoner.

Thomas Huson . I have known the prisoner 16 years, I bound him apprentice to an apothecary in Red Lion street.

Q. Has he follow'd his business since?

Huson. He has been a journeyman ever since, but whether he is now I don't know.

Q. What is his general character?

Huson. He had a good character the time I knew him.

Q. Have you known him lately?

Huson. I have known him to this time.

Q. What is your opinion of him?

Huson. I have a very good opinion of him.

Fra. Bretton. I have known him some years.

Q. What are you?

Bretton. I am an apothecary, he liv'd with me between 4 and 5 years.

Q. What is his character?

Bretton. His character was extremely good, I never knew any reason to impeach it in the least.

Q. Have you known him down to this time?

Bretton. I have.

Q. Where did he go when he left you?

Bretton. He left me to set up for himself; I was very much surpriz'd to hear of this thing.

- Bretton. I have known him 15 or 16 years.

Q. What has been his character?

Bretton. I never heard any thing bad of him in my life, I always heard a good character of him.

Q. Have you known him lately?

Bretton. I have known him within this two months, I don't think he would steal such a thing as this.

Mark Barber . I have known him nine years; what I have known of him, when sober he is the civilest man in the world, but when drunk, he is guilty of flighty tricks.

Walter Hatton . I have known him twelve years.

Q. What is his general character?

Hatton. I never knew any harm of him.

Wm Dawson . I have known the family upwards of 30 years.

Q. What is the prisoner's character?

Dawson. His character is extremely good.

Acquitted .

278. (M.) Andreas Martine , was indicted for stealing one pair of shoe buckles, value 10 s. one silver watch, value 40 s. the property of Nichols Eckburg ; one 36 s. piece, the property of Hans Johnson ; one pair of silver knee buckles, and one gold ring, the property of Andrew Limblow ; one pair of silver shoe buckles , the property of - Hudson , August 11 . ++

Nicholas Eckburg . I lost my watch and buckles at Mr. Johnson's, at Wapping stairs , we were all asleep when they were taken.

Q. Why do you charge the prisoner?

Eckburg. We found the things mentioned in the indictment upon him, when we took him on Tower-hill, Mr. Youngman took my watch and buckles from the prisoner, and delivered them to me.

Magnus Obren . I saw Eckburg's buckles and watch in the prisoner's custody, and saw them taken from him.

Peter Youngman . I took the prisoner with the watch and buckles upon him, and took them from him (produc'd in court, and depos'd to)

This being so clearly prov'd, the court did not proceed to examine the other witnesses.

Guilty .

There was another indictment against him for a single felony.

[Transportation. See summary.]

279. (M.) MARY, wife of John Wiffin , was indicted for stealing one purse, value one farthing, and 8 s. in money number'd , the property of Michael Harrington , August 28 . ++

Michael Harrington . On the 28th of August, I was pulling my handkerchief out of my pocket, and my purse I believe came along with my handkerchief; I went out of the house immediately, and the servant of the house pick'd it up, as she told me.

Q. What is her name?

Harrington. Her name his Ann Fletcher ; she called me back, in order to tell me that the prisoner at the bar took it out of her hand, and had ran away with it; I ran after her, and as soon as I took hold of her she charg'd the watch with me, and both she and I were sent to Clarkenwell Bridewell.

Q. Did you find your purse and money again?

Harrington No, I have not.

Q. Did you see it in the prisoner's custody?

Harrington, No.

Ann Fletcher . The prisoner came to our house for a pennyworth of beer.

Q. What are you?

A. Fletcher. I am servant at an alehouse.

Q. What time of the day was this?

A. Fletcher. This was at 11 at night; I saw her in liquor, I would not draw it, our other maid drawed her some aniseed, and bid her go home; I saw a leather bag on the ground, I pick'd it up; she said it is mine; I said, I dare say it is not your's; she snatched it out of my hand, and ran away with it.

Q. Do you know what was in it?

A Fletcher. No, I do not.

Acquitted .

280. (M.) Joanah Rogers , otherwise Withers , spinster , was indicted for stealing two linnen shifts, two child's shifts, two linnen aprons, one ell of cloth, one small piece of cloth , the property of Christopher Brown , July 14 . ++

Elizabeth Brown . My husband's name is Christopher.

Q. What is he?

E. Brown. He is a blockmaker ; I lost a slip of cloth, an ell of irish cloth, two shifts, two child's shifts, and two linnen aprons.

Q. Did you ever get any of them again?

E. Brown. I found the slip of cloth upon the evidence Elizabeth Stevens , who says she bought it of the prisoner, I know it to be my property (produced in court, and deposed to.)

Q. What is the value of it?

E. Brown. The evidence says she gave her 6 d. for it.

Q. Did you know the prisoner before?

E. Brown. Yes, she had not work'd with me above a week.

Elizabeth Stevens . I bought this piece of cloth of the prisoner for six-pence.

Q. to E. Brown. What did the prisoner say for herself when you took her up?

E. Brown. She confess'd the fact.

Prisoner's Defence.

That piece of cloth was given to me by the maid servant, and after that on the 14th of July that maid servant brought me a bag with four crown pieces, and desired me to conceal them from her mistress, let her deny it if she can, if I did not deliver them to her by her bed-side, there she is.

For the Prisoner.

Ann Darby . I have known the prisoner 30 years; I have employed her, I never knew her to wrong me of a needle full of thread; she work'd for me, and my mother before me; we had in our house linnen, and other effects, to the value of 14 or 15 hundred pounds.

Q. Where do you live?

A. Darby. I live in Dean street, Shadwell.

E. Brown. The prisoner was ask'd before the justice, whether the maid gave her this or not, and she said she did not.

Acquitted .

281. (M.) William Odell , was indicted for the wilful murder of Elizabeth his wife , by strangling her with a string about her neck , *June 17 .

William Taylor . I am 15 years old.

Q. Suppose you should say any thing that is false, would any thing happen to you?

Taylor. Yes, Sir, I should suffer in another world.

Q. Do you believe that?

Taylor. Yes, Sir, (he is sworn)

Court. Now you have call'd God to witness, you will say nothing but truth.

Q. What relation is the prisoner at the bar to you?

Taylor. He is my father-in-law, Elizabeth Odell that is dead was my own mother.

Q. Do you remember on the 17th of June, your mother going with any woman to show her the way to Hanger lane?

Taylor. Yes, Sir, I remember that, I saw my mother coming down the town with this woman, her name was Ann Dowland ; she was a servant down the lane; my mother came to the door, I ask'd her where she wa s going; she said, she was going with this woman to show her home ( the woman was with her) she went with her in Hanger lane.

Q. What door did your mother come to with the woman?

Taylor. At the door where I lodg'd at Acton, just by the Black Lion, there is only a stable parts them; I said, I would go with the woman, I went a little way, and then my mother came after me, and said she would go; I went a little way, just up the hill, then I came back, and my mother went along with her.

Q. What time of the day was this?

Taylor. This was at sun-set.

Q. Did you see your mother afterwards?

Taylor. No, I never saw her alive afterwards?

Q. What time did you go to bed?

Taylor. I did not got to bed, there were two little children in the house, and I was with them.

Q. What time did your father come home?

Taylor. I know I let my father in in the morning.

Q. Do you remember your father's coming home that evening after your mother was gone?

Taylor. I cannot say how long after my mother was gone.

Q. How long do you think?

Taylor. It may be an hour and a half, or two hours, to the best of my knowledge, I am sure I let him in about three in the morning; my father ask'd me where my mother was, and I told him.

Q. Had he ask'd you before where your mother was?

Taylor. To the best of my knowledge he had.

Q. Did he come home that evening that your mother went out.

Taylor. To the best of my knowledge he did.

Q. Who put these words in your head ( to the best of your knowledge)

Taylor. Nobody.

Q. What did he say when he came home about three in the morning?

Taylor. He asked where my mother was gone; or whether she was come in or no? and I told him where she was gone.

Q. What did he say then?

Taylor. I can't say justly; he went to bed, and bid me not go to sleep, and said he should.

Q. How long had he been married to your mother?

Taylor. I believe 13 or 14 years; I was not quite a year old then, as I have heard.

Q. How did he use to behave to your mother?

Taylor. Very sadly, he used to beat her, and would not give her hardly any money, he would spend it.

Q. What did he use to beat her with?

Taylor. With his fist, knock her down sometimes when she was not in fault, he has beat her blind almost.

Q. Have you seen him beat her more than once?

Taylor. O, he has beat her a great many times, he us'd to use her very sadly, and us too.

Prisoner. He told me when we came from burying his mother, that Mr. West would send him to justice Fielding, and he should be sent to sea, if he did not sware against his father.

Q. to Taylor. Did you say so?

Taylor. No, Sir, I did not say so.

Q. Did Mr. West ever threaten you to send you to sea, if you did not sware against your father?

Taylor. No, he never did.

Q. Did you ever tell your father he did threaten you?

Taylor. No, I never did: my fellow servant William Hose heard what I said to him, and he to me.

Prisoner. He told me, this Ann Dowland denied that she had ever seen my wife at all.

Q. to Taylor. Did you tell your father as he has said?

Taylor. I spoke of it, Sir, I don't know whether I told him.

Q. What did you say?

Taylor. I told it, that she denied it to Mr. West and Mr. Munk, that she said she was not with my mother.

Q. When was this?

Taylor. I can't say what time.

Q. Do you know what she meant by saying so?

Taylor. No; she said she did not see my mother.

Q. Can't you tell when, and where this was?

Taylor. No, I cannot.

Ann Dowland . On the 17th of June I lived in Hanger lane, near Acton, in the parish of Ealing, with Mr. Burk, he kept a country-house there; on that day I was going to his house; I came through Acton, it was I believe about nine in the evening I went from London; I did not know my way, I call'd at a public house, there were three women standing at a door; I ask'd the woman of the house, if there was any honest body that could show me my way to my master's door. There was a tallish woman wanted to go with me; the woman of the house said, there was a woman with a child in her arms wanted the momoney, and she would show me my way. I said, I would give her 2 d. or 3 d. that woman came along with me, I call'd for a pint of beer, she and her child drank it; she met with this Boy that has been examin'd, I believe the boy was her son; I did not mind what he call'd her, but she bid him take care of the children, as near as I can guess it was about a quarter after nine when we set out of Acton, we walk'd very hard home, it was near ten when we got home to my master's house.

Q. How far is it from Acton?

A. Dowland. It is about a couple of miles, she brought me round through lanes. Master's kitchen gate was upon the latch; there was my master's gentleman and the footboy in the kitchen. I told the gentleman, that the good woman came from Acton; we gave her 3 d. and a glass of wine.

Q. Did you know her name?

A. Dowland. I did not.

Q. Did you see the woman that was afterwards found dead?

A. Dowland. No, I did not.

Q. What time did she go from your house?

Dowland. I believe it was close upon 10 o'clock, the footboy saw her out at the gate, and lock'd the door after her.

Q. Did the boy that has been examin'd here go any part of the way with you?

A. Dowland. I believe he walk'd a little after us; I spoke to the woman when we were going along, to know why she did not let the boy go too; she said, he had the children to take care of.

Q. Did she say she was the mother of the boy?

A. Dowland. She did.

Q. Did you know her before?

A. Dowland. No, I never saw her before.

Q. Did you say the woman did not go along with you, and that you never saw her?

A. Dowland. When Mr. West came to me, I said I did not care to go, I said she went safe from our house, and I had nothing to do with it.

Mary Middleton . I live at Acton.

Q. Are you a married woman?

M. Middleton. I am; I knew Elizabeth Odell the prisoner, we lived in one house together.

Q. When did you see Elizabeth Odell last alive?

M. Middleton. I saw her on the 17th of June in the morning.

Q. Do you remember seeing the prisoner on the 17th?

M. Middleton. I saw him on the evening of that day, he said he was going to see after her; he said he heard she was gone to Ealing.

Q. What time was this?

M. Middleton. This was between 10 and 11; he said, if he met her and the other woman, he would be d - d if he did not kill them both; and I told him not to do it; I told him to consider better, to consider his own soul, and not to be so wicked a creature, as he had been all his life-time; he made no answer to that.

Q. What became of him after this?

M. Middleton. That I can't say; he went out directly, he went the way to go to Ealing.

Q. Did you see him turn that way?

M. Middleton. I did.

Q. When did you see him afterwards?

M. Middleton. I saw him the next day, I believe between 8 and 9 in the morning: I ask'd him if he had seen his wife; he said yes, he had seen her; I ask'd him where; he said he would not tell me.

Q. Had you any conversation with him about when he expected his wife coming again?

M. Middleton. Yes, I ask'd him when she would come home; he said, he knew she never would come back no more.

Q. When was this?

M. Middleton. This was not that morning.

Q. What discourse had you with him on that 18th?

M. Middleton. I ask'd him again in the evening on the 18th about her, and said, you must know where she is; he said he did know where she was, but he would be d - d if he would tell me.

Q. Had you any conversation with him afterwards?

M. Middleton. Yes, about advertising her, but I was not the first that mention'd that.

Q. How long was that after she had been missing?

M. Middleton. About a week after, I said you had better have your wife advertis'd; for he went from one thing to another, we could not tell what to make of him.

Q. Did he tell one story twice over?

M. Middleton. No; he said she was not worth advertising.

Q. Was you there when Mrs. Bonney was there?

M. Middleton. She lives in the same house.

Q. Had you any discourse with the prisoner about his wife after she was found?

M. Middleton. Yes, the very night she was found, and the night after that.

Q. What was it?

M. Middleton. I was sitting at the door, he had been to see his wife, he came and sat upon the bench; I told him his wife was murder'd in a barbarous manner; he said yes, he believ'd she was; I told him, I believ'd her arms were cut with a knife; he said, they were not by God, they were cut with a sword.

Q. Had you seen the cuts on her arms?

M. Middleton. I had; I ask'd him whether he knew who killed her; he said one was a soldier, and the other was another man.

Q. What day was this that he made this answer?

M. Middleton. This was on the tuesday after she was found.

Q. When you saw the prisoner go out that night after his wife, in what manner did he go, had he any weapons?

M. Middleton. He had his sword on (he is a soldier) I am very certain of that, because I desir'd him not to take it; because he said, if he met with his wife and the other woman, he would kill them both that minute.

Q. At the time he inform'd you his wife was murder'd by a soldier and another man, did he say any thing more?

M. Middleton. He desired me never to tell any body, for if I told any body he said he should be hang'd; and if he was hang'd, he said he should walk to me again. I told him he never could.

Q. Do you know what his wife wore about her neck?

M. Middleton. She wore a black serrit about her neck.

Q. How long have you lived in the same house where the prisoner and his wife lived?

M. Middleton. About seven months.

Q. During that time how did he behave to her?

M. Middleton. He behaved very bad indeed.

Q. Explain it?

M. Middleton. He us'd to d - n her about, and give her slaps on the face, and use to swear he would kill her; I have seen him give her a slap on the face, but no otherwise.

Q. When the body of the woman was found, did the prisoner say any thing upon that?

M. Middleton. He was not at all uneasy, he was very hardened; he said, he wish'd he had been d - d before his wife was found that night.

Q. What do you mean by uneasy, do you mean afraid?

M. Middleton. He did not seem afraid at all.

Q. from prisoner. Inquire into her character; she has learned every word of this, she is tutored into this, it is not worth while to ask her any questions. She may be called a natural fool.

M. Maria Enamure . On the 17th of June last I lay in a little place belonging to Esq; Gulston, in a field behind his garden.

Q. Do you know the pond where Elizabeth Odell 's body was found?

M. Enamure. I do, that is pretty near a quarter of a mile from where I lay; I went to bed that night, something better than half an hour after 11 o'clock, I lay on bay, I had just made my bed, and had unlac'd about three holes in my stays, I heard a dismal scream out, that ever could be heard; I stood and heard it, I heard, for God's sake, for Christ's sake, will nobody come to assist me, but let my husband murder me. This cry was repeated six or seven times to the best of my remembrance, I heard her mention them same words.

Q. Did you hear the word husband mentioned?

M. Enamure. The word husband was repeated six or seven times.

Q. What space of time did the whole take up?

M. Enamure. Something better than a quarter of an hour, the next morning it was wet, and we did not go to haymaking that day.

Q. What day of the week was it?

M. Enamure. I heard this noise on a tuesday night, and on wednesday morning I spoke of it in the fields to Thomas Smith ; I said, what great cry of murder was that last night; he asked me what cry; I told him about half an hour after 11 o'clock; he said, he was at the window making of water.

Q. Did you see the body after it was found?

M. Enamure. I saw it three times, I saw it in about an hour after it was taken out of the pond.

Q. Do you know where the prisoner lived?

M. Enamure. I do.

Q. Whereabouts does this pond lie?

M. Enamure. It lies on the left hand of the path from Mr. Burk's house to Acton, about 200 yards from the foot path.

Q. The place where you lay and heard the outcry was that in the road.

M. Enamure. No, it was quite a different way.

Q. Did any body lie with you on the hay?

M. Enamure. No.

Q. Did you hear any answer by any person after the woman cry'd out?

M. Enamure. I did not hear any other voice but she.

Q. Did it appear to you to be a woman's voice?

M. Enamure. It did very plainly.

Rebecca Harris . I live on Ealing common, near the foot way from Mr. Burk's to Acton.

Q. Do you remember hearing any thing on the night on the 17th of June?

R. Harris. I do, it was between 11 and 12 o'clock, I heard the cry of a woman, crying murder, murder, for Christ's sake, you will murder me; twice she called out before I got off the bed, which I could not understand before I got out of my bed, I lifted up the window, and listened; my mother was in bed with me, and she heard the same, and another elderly woman.

Q. How often did you hear the cry of murder repeated?

R. Harris. I heard it three times; the last cry was not so loud by a deal as the first, I could but just hear her the last cry.

Q. Did that appear as if she was weakened, or removed farther from you?

R. Harris. I think she was weakened.

Q. By what is it that you know it to be on the night of the 17th of June?

R. Harris. When I heard a woman was murdered, after she was found I recollected it was that day of the month, and on a tuesday I am very sure.

Q. Do you remember whether the next day was a wet day?

R. Harris. No, I do not.

Jonathan Millard . On a tuesday night, a week before the fair day, which is on midsummer-day, it was about a fortnight before the woman was found, the prisoner came to our house.

Q. Where do you live?

Millard. My house is just as you go into Ealing.

Q. How near to Hanger lane?

Millard. Pretty near half a mile from it, I had been in bed, the prisoner came and knocked at the door, and awaked me, he knocked three or four times.

Q. What time of the night was it?

Millard. It might be 11 or 12 o'clock, or later, I cannot say; I came to the window; said he, have you seen any thing of my wife, or of Mr. Fisher's housekeeper, for they were come to see some butcher at Ealing; he said, where is your man? I said, my apprentice is in bed; said he, let me see him; I call'd my boy up; he came to the window; the boy said I don't know you, nor Mr. Fisher's housekeeper, nor your wife neither, and went to bed again; then the prisoner went away, that is all I know.

Q. from prisoner. What dress was I in at that time?

Millard. He had his lac'd hat on, and soldier's cloths, to the best of my remembrance.

Q. Did you see his sword?

Millard. I did not see that, nor nothing he had in his hand, nor do I know what he knocked at the door with.

Q. What time did you go to bed that night?

Millard. I believe I went to bed a little later than 9 o'clock; I had bought a calf that very day, makes me positive to the day being tuesday.

Q. Have you a clock?

Millard. No, we have not.

Q. How far is your house from Mr. Burk's?

Millard. It is about a mile distance.

Q. How far is the pond, where the body was found from your house?

Millard. I believe it is half a mile from my house.

Elizabeth Bonney . The prisoner and his wife lived near me.

Q. How did he behave to her?

E. Bonney. But very indifferently; she loved liquor, and that I us'd to take to be the cause of their quarrels; when his wife was missing I offered him a shilling towards advertising of her.

Q. When was this?

E. Bonney. About a week before she was found.

Q. What answer did he make you.

E. Bonney. He said he had no money; I said, I did not mind it if I was at the expence of the whole money if she was found; he made little or no answer.

Jane Philbey . On the 1st of July, between two and three in the afternoon, I saw the body of Elizabeth Odell , upon the water in a pond.

Q. Where?

J. Philbey. In Hanger lane close, by the house I live in; she was cover'd with weeds, that I could not tell at first what it was; I thought it to be a heap of weeds as first; then upon looking I thought it to be a sheep; my master Mr. Sneep was coming home; I asked him to rake it; he took the drag out of my hand and touch'd it, and found it to be a woman, and got a person to take her out; I was by at the time.

Q. Did you see any thing of a string about her neck?

J. Philbey. No, I did not; she had a great many marks all over her body, some about her head, her nose was broke.

Q. Do you know who it was?

J. Philbey. It was the body of Elizabeth Odell .

Q. How far is the pond out of the foot-way, between Acton an d Mr. Burk's?

J. Philbey. Not a stone's throw.

Q. Did you hear on the 17th at night any cry of murder?

J. Philbey. No, I did not.

Q. How far is the pond from the place where Mary Enamure mentions to be when she heard the cry of murder?

J. Philbey. That is about a quarter of a mile from our house?

Q. How far does Mrs. Harris live from your house?

J. Philbey. About a quarter of a mile.

Q. to Taylor. Whose body was that, that was found in the pond?

Taylor. It was my mother the prisoner's wife.

Mr. Sneep. I saw the body drawn out of the pond.

Ezekel Timberlake. The deceased was a very honest hard working woman, she washed for me.

Q. How did the prisoner use her?

E. Timberlake He us'd her very bad, in such a manner, that a man should not use a woman, nor indeed a man neither; I have seen him beat her very violently; I have seen him knock her down perhaps three times one after another, as soon as she could get up again, with a swingel that we thrash corn with, I thought he would have kill'd her then, and I don't know but he would, if I had not drove him away.

Q. Did you see the body after it was found in Mr. Sneep's pond?

E. Timberlake. I did; it was the body of Elizabeth Odell ; there were enough that would swear to her cloths; I make no doubt the same woman. I saw her two or thee times after she was taken out, she lived as near me as half cross this court; the body was the same size, but the features were not to be discovered.

Mr. Sneep. She was as red as the very fire when first taken out of the pond, and in about half an hour's time, as black as a blackamoor; the prisoner came and look'd at her stockings and buckles, and I believe kiss'd her; and said, God bless her soul, it is for, and away he went.

Q. Did you see him kiss her?

Sneep. I did.

Jane Philbey . I saw the prisoner kiss her.

Q. to E. Timberlake. Was she much given to liquor.

E. Timberlake. She would get too much liquor, but I don't call her a drunken woman; I believe it was by the ill usage she had; once he had left her for dead, and carried her into a cart-house.

Q. Was she fuddled when he knock'd her down three times, as you mentioned?

E. Timberlake. I think she was not fuddled; I went out upon hearing her cry murder; if people had not went to her assistance at times, I don't know but she had been murder'd before.

Benjamin Hooker . On the 3d of July I attended the coroner's inquest on the body found in Hanger pond; I found the head was bruis'd, I made an incision in the head, and found a vast quantity of blood lay under the sculp. Immediately upon the scull the parts were very much swell'd; I examined the scull, but could find no fracture there, her nose was beat in up to her face, the bone was quite broke, her tongue very much swell'd, and three inches out of her mouth.

Q. What do you conceive that might be owing to?

Hooker. To strangling. I believe her eyes, nose, mouth, and ears were full of blood; there had been a great quantity of blood discharg'd from each of them; the strangling was from the bruises she had had; I examined her neck, and it was vastly swell'd; the prisoner assisted me in cutting off the cloths; in his cutting, I discovered a string; I ask'd him what that was; he said nothing at all; I made him take it out, I believe it was ferret; I ordered him to hang it up; he did.

Q. Was it cut from her neck?

Hooker. It was, she had it on when she was found; that had made a great dent in her neck, I was oblig'd to separate it with my finger, there was a very black mark, and a great dent in the fore part of her neck in particular, but it went all round her neck.

Q. Was that such a string that a person could be strangled with?

Hooker. It was; it had strength enough to be made use of 10 times to strangle people, it might be about an inch or more wide.

Q. Do you believe that string was strong enough to strangle her?

Hooker. I make no doubt of that.

Q. How do you believe she came by her death?

Hooker. She had violent bruises all over her body, and cut in her lower parts by some weapon or other, but I believe she died by strangling, I firmly believe it; her private parts had an external cut.

Q. Were her cloths cut?

Hooker. Not as I saw.

Q. Was that a stab or a cut on her private parts?

Hooker. It was a cut, there was a vast quantity of blood from the wounds; she had been violently bruised about her legs; she could not die by drowning, for her mouth was full of blood; upon removing her garters, there were no black marks, as under the serretting about her neck, which confirm'd me in it that she was strangled.

Prisoner's Defence.

I was in London at the time, which is seven miles and better from the place. My wife got out of bed from me on tuesday morning about five, and I lay till about six; she went to squire Fisher's a haymaking, I came to London for my cloths, and stopp'd at St. Giles's, and drank with a companion of mine. I went from thence into the Strand, and from thence to the serjeant major's, there I continued till 10 at night, the serjeant's house is in new Tothill street, he is now in Germany; I was very much in liquor, and they would have persuaded me to come home; I came away from Tyburn turnpike, and got there to the plow on the top of Norton hill beyond the turnpike at eleven, there I had a pint of beer; then I went to the coach and horses, and drank two drams of rum, and staid some considerable time, I imagine it to be almost 12 when I went from there; then I kept on the road, to where the two men hang in chains; I went into the penthouse at a smith's shop, where they shoe horses, and sat down there and fell asleep; I got into Acton just between day light and owl-light; when I came home, I wrapp'd at the window as usual a good while. William Taylor got up and let me in; I said, where is your mother, what is she not well? said he she is not at home, she went out in the evening with a very well dress'd woman; I said where; he said somewhere about Hanger lane; then he talk'd about some butcher's at Ealing; I said, it is very odd you cannot tell who she went with. I went to bed to him, and hearing the clock strike three, I said to him do not go to sleep, he was to go to work at four, I went to sleep. When one Oliver, that lives next door but one to us, came home to dinner the next day, I ask'd him if he had seen my wife; it past on till night, then I enquired; he said she had not been there. When the boy came home in the evening. I ask'd him again after his mother; he said, he did not know any thing but what he told me before; said I, I'll go to Ealing, and enquire at the butcher's; I went there, and ask'd him whether he knew any thing of Esquire Fisher's housekeeper; he told me he knew nothing of her, this was on the wednesday; I ask'd him, if Mr. Munk had ever a man; he said yes; Mr. Munk's man happen'd to be present, and said I am the man; then I went to this man's house, and he was in bed, he came to the door, I ask'd him if he saw Esquire Fisher's maid and my wife; he said no; then I said call your man, if he saw them, he did; he not knowing any thing of them, I went away to another house, and ask'd them, if they had seen her; then I came home, and it was near eleven when I got home; here is the serjeant major's wife to prove I was at her house at ten that night.

For the prisoner.

Mrs. Denman. My husband is a serjeant major; I remember the prisoner's coming to our house on the 17th of July last, about five in the evening

Q. How do you know it to be on the 17th of July?

Denman. Because there was a gentleman at the sign of the Bell, my husband and he was reckoning, and they set it down.

Q. What day of the week was it?

Denman. I can't tell.

Q. Recollect most clearly why you say it was on that day.

Denman. It was the 17th of July last.

Q. Are you sure it was July?

Denman. I am sure of it, because our cloathing us'd to be done sooner, by the 22d of June, and it was July when they were finish'd now, they were finish'd when my husband went away.

Q. When did your husband go away?

Denman. I can't tell the day, he has been gone 6 weeks last friday.

Q. Who had your husband a reckoning with?

Denman. He had a reckoning with Hen. Smith, I saw it to be the 17th of July, and the prisoner went over to borrow a shilling of my husband.

Q. What time did he go away?

Denman. At almost ten o'clock, it did not want a quarter of an hour.

Q. Was he drunk or sober?

Denman. He was very much in liquor sure.

Q. Did you know where he liv'd?

Denman. He liv'd at Acton for what I know.

Q. Once more, are you sure it was the 17th of July?

Denman. Yes, Sir, I am sure we never cloath'd before the 22d of June, and this year it was later.

Q. Are you sure this was the man that was at your house on the 17th of July?

Denman. Yes, Sir, I am quite sure of that.

Q. Was his wife living or dead?

Denman. I never heard whether she was living or dead, I never heard nothing of her, only when he was first inlisted, then she came to our house.

Court. Here have been a dozen witnesses who have sworn to the 1th of June to be the day, and the body was found on the 1st of July, and the surgeon examin'd the body on the 3 d, so that if you speak to the 17th of July, you see it was long after the woman's death.

Denman. Sir, it was the 17th of July when the prisoner was at our house.

Court. It is impossible, he was committed on the 9th of July to Newgate.

Denman. At the night that the murder was suppos'd to be done this man was at our house, at that time.

A messenger is sent for Henry Smith .

George Atkinson . I am a publican, and live in Purple lane, Hatton Garden; the prisoner was quartered at my house, he came for his money on a tuesday, he did not lie in my house, he was paid out of his quarters; I married the widow, he had been quartered upon her ever since he has been a soldier, I never saw him in my life before, I came there, which is about five months ago, his money was 9 d per week.

Q. Do you know any thing of him on the 17th of June?

Atkinson. No, I believe he came the week before he was committed, or that same week, it was not above a week or a fortnight before he was taken up, he came into the house with the corporal about 11 in the morning.

Q. Did you see him in the evening?

Atkinson. I know nothing what became of him in the evening; I know he behav'd very well in his quarters.

Prisoner. I was there only in the morning, and went to dinner in the Strand.

Charles Tompson . I keep the Plough at Kensington gravel pits; I never saw the prisoner till a day or two before he was committed, I am not certain as to the day; I remember his calling one evening lateish, and had a pint of beer, I don't know the day of the week, nor can be positive to the time, I believe it might be betwixt 10 and 11 at night.

Q. Was he fuddled?

Tompson. He did not appear to be fuddled; when he was carried by by the officers to go before Mr. Fielding, said he, don't you remember I had a pint of beer at your house one night; I said I do, but I can't tell what night.

Q. Was it a fortnight, or more or less, before he was committed?

Tompson. I believe it might be a fortnight, but I cannot any way be positive.

Q. How was he dress'd?

Tompson. He had on an old ragged frock, and a new regimental hat in his hand, I had some suspicion he had stole it, he said he was going to Acton, and wished he was there; he had no clothing that seemed regimental like; I took the hat in my hand, and said it was the lightest I ever felt.

John O I live at Cowley in Middlesex; I hearing the boy Taylor had given evidence against the prisoner. I happened to go that way, I asked him the question; he told me he could do him no harm, but the woman would do him most harm; he did not say what woman. I told him I heard the prisoner come home twice; he said he came home once he was sure, and that was in the morning.

Thomas Thornhill . I live at Uxbridge, I went with the prisoner's brother (the last witness) to the son in-law, I heard the boy say he could do him no harm, but the woman could do him most harm; and when he was asked, whether he came home more than once, he said he came home once he was sure, and that was in the morning.

Henry Smith comes into court (he is sworn)

Henry Smith . I am a labourer, and live with a corn chandler.

Q. Do you know serjeant Denman?

Smith. I do.

Q. Do you remember settling any account with him at the Bell alehouse?

Smith. No other than drinking a glass of punch with him; I never settled any account at all, I never had any account with him.

Q. Had he any dealings with your master?

Smith. No, none at all.

Q. Had you no dealings with him that required the day of the month to be sat down?

Smith. No

Q. Do you remember settling any account when his wife was by?

Smith. No, I had no other account to settle than when I was sent for; I am a soldier in the same company to which he belongs, that account is no other than delivering my old coat when I have a new one, there is no writing to that.

Q. Do you recollect when it was the company had new cloathing at the serjeant major's?

Smith. Sometimes one time and sometimes another, this year they have been considerably later than the former year.

Q. Was it in June, July, or August?

Smith. They do not all receive them regularly; this year it was in July, and some of the men had them delivered out in August, I had not mine till just the troops went abroad.

Q. Can you recollect whether any of them had their in June?

Smith. I cannot take upon me to say whether they had or not, I don't know that there were any so early as June.

Q. to Mrs. Denman. You have heard these questions ask'd, tell me what you would have me ask him, to make him recollect what account he was at the settling?

Denman. I cannot say what the account was, but my husband was reckoning up some account, I can't remember any particular thing.

Q. Was any other person there at the time?

Denman. There was another man nam'd Carver.

Smith. I know Carver, he was a soldier in the same company, he had no more account with the serjeant than I had.

Q. Do you remember being at the Bell with Carver, and the serjeant major?

Smith. I believe I was drinking some punch with them, it might be some time in July before the troops went abroad.

Q. to Mrs. Denman. Have you had time to recollect yourself, what was the day of the month that the prisoner was at your husband's house?

Denman. It was the 17th of July, I am quite sure of it, this man and Carver were both there when he came to borrow a shilling.

Q. to Smith. Do you remember this man coming to borrow a shilling.?

Smith. I remember there was a soldier came to borrow a shilling, but whether this is the man I can't say, neither can I tell whether Carver was there at the time; I did not know the prisoner before.

Henry Randal . I live at the Coach and horses at Norton hill; I remember the prisoner called at my house on a tuesday night, but what tuesday really I cannot say, nor what day of the month, I know it was on a tuesday, for I had been at Acton that day to buy a mare, it was some time in June.

Q. Was it before or after Midsummer?

Randal. I can't tell, he went away from our house between ten and eleven, as near as I can guess, but don't know whether he went either up or down the road.

Q. How was he dress'd?

Randal. He had a sort of a brownish sustian waistcoat on, and a hat that he came to town for in his hand, a new lac'd one.

Q. Had he a coat on?

Randal. I don't know whether he had or not, he had an old hat on.

Q. What do you say you know the day to be on a tuesday by?

Randal. I had been with an acquaintance buying a mare at the George at Acton.

Q. Can't you tell whether the prisoner had any thing over his waistcoat?

Randal. I really cannot.

Q. Who is that acquaintance you bought your horse of?

Randal. He is the man that keeps the George.

Q. Is he here?

Randal. No, he is not.

Q. Was the prisoner drunk or sober?

Randal. He did not seem to be much elevated in Liquor.

Q. What did he drink at your house?

Randal. He had two three halfpenny glasses of rum.

Q. Had you heard of the murder then?

Randal. No, I had not.

Q. How long after this was it, that you heard of the murder?

Randal. Upon my word I cannot tell how long after; I remember I heard by people that came into the house, that a soldier's wife was murder'd, but I can't recollect the first time I heard it.

Q. How far is your house from Mr. Thompson's house at the Plough?

Randal. It is about 400 yards.

Mr. Bristow. I live at Acton; I know Mary Middleton .

Q. What is her character?

Bristow. I never heard a good one of her; I heard she was a naughty woman before her husband marry'd her.

Q. Did you hear her give her evidence at Mr. Fielding's?

Bristow. I did; I think there she differ'd from what she has said here.

Q. Wherein?

Bristow. There she said, she had seen the prisoner between the eighth and ninth at night, on the 17th of June.

Q. What has been h er character since she has been married?

Bristow. I never heard any thing ill of her since.

Guilty . Death .

282, 283. (M.) Margaret Wright , and Judith Hiland , spinsters , were indicted for stealing three 36 s. pieces, two moidores, and twenty guineas, the property of Michael Pickering , in the dwelling house of the prisoner Wright , September 8 . ++

Michael Pickering. I lost 50 l. on Salt Petre Bank. Rosemary lane , in the house of Margaret Wright .

Q. Do you know who took it?

Pickering. I can't swear who took it.

Q. How came you into the prisoner's house?

Pickering. I went in there, in order to go to bed; I took a bed of the prisoner Wright.

Q. What did you give for a night's lodging?

Pickering. I gave her a shilling.

Q. Did you go to bed?

Pickering. I did; and when I went to bed I had 50 l. in my pocket.

Q. Had you any bedfellow?

Pickering. No, I had none at all.

Q. Did you meet with any of your money again?

Pickering. There was 15 l. 9 s. found upon Margaret Wright ; she was ordered to be stripped, and the gold came out of her right foot stocking, there was a 36 s. piece, and a guinea or two of it in her pocket; the money is in the hands of the constable.

Q. Was you in liquor when you went to bed?

Pickering. I was.

Q. What do you lay to Judith Hiland ?

Pickering. She was there.

Q. Where?

Pickering. I saw her by my bed-side.

Q. Were either of the prisoners in bed with you?

Pickering. No, neither of them; there was another there that saw Judith Hiland have her hand under my head upon my breeches.

Q. What woman was that?

Pickering. She came there along with me.

Q. Was that other woman in bed with you?

Pickering. No, she was not.

Q. Was she upon the bed with you?

Pickering. I can't say as to her laying upon the bed.

Q. Can't you tell whether she was or was not upon the bed with you?

Pickering. I was in liquor, I can't say whether she was or no.

Q. What was that other woman's name?

Pickering. Her name is Ann Masters .

Q. Is she here?

Pickering. She is here a witness.

She was ordered out of court, till he had given his evidence.

Q. How came you to take so much money about with you, as you are a soldier?

Pickering. I only listed for three years, I am a carpenter by trade, and I earned and saved it up.

Q. Did Ann Masters drink any liquor with you?

Pickering. She did, part of a bottle of ale.

Q. What countryman are you?

Pickering. I came from the Bishoprick of Durham.

Q. How long have you been in London?

Pickering. I have been in London about three years.

Q. Have you worked at your business in London?

Pickering. I worked with one in the Borough.

Q. Name some name in the Borough, that you have earned some money of?

Pickering. I worked for Mr. Wright a carpenter in the Borough.

Q. How much money did you bring to London with you?

Pickering. I brought near 40 guineas with me and the rest I earned here.

Cross Examination.

Q. When was it you was in this house?

Pickering. It was on monday last.

Q. What time of the day did you lose your money?

Pickering. It was in the night.

Q. What time of the night?

Pickering. Between 10 and 11 o'clock.

Q. Why was you not in your quarters?

Pickering. I lay in the Tower.

Q. What time on monday last did you go into this house?

Pickering. About five in the afternoon.

Q. Who had you with you?

Pickering. Ann Masters .

Q. What did you ask for at going in?

Pickering. I ask'd for a bed.

Q. Did you go there with an intent to lodge there all night?

Pickering. I did.

Q. How came you to go to lodge there, and give a shilling, when you could have lain cheaper in your quarters?

Pickering. Because I was a little in liquor.

Q. Tell the court the truth, upon your oath, whether, when you carried Ann Masters to this woman's house, you did not say she was your wife, and you wanted a lodging for yourself and your wife?

Pickering. I went into the house, and ask'd for a bed, and gave a shilling for it, I did not ask for a bed for myself and my wife.

Q. Did you not say she was your wife?

Pickering. I did not.

Counsel. Can you take upon you to say you did not say she was your wife?

Pickering. No, I did not.

Q. Did you not say so to nobody in the house?

Pickering. No, I did not.

Q. What room did you go into?

Pickering. We went into a room up one pair of stairs.

Q. Who is we?

Pickering. None but that girl that went into the house along with me.

Q. Did she not go to bed with you?

Pickering. She did not.

Q. Are you certain of that?

Pickering. I am, because she was call'd away.

Q. Did you intend to go to bed with that girl there?

Pickering. I did.

Q. From the conversation that past between you and that girl, had not they reason to believe you were man and wife?

Pickering. No, they had not, they knew the girl.

Q. Did you get into bed?

Pickering. I did.

Q. Did not the girl get into bed also?

Pickering. She did not.

Q. Did she not undress herself?

Pickering. She did not.

Q. Did she not begin to undress herself?

Pickering. No; we asked for some liquor, and Judith Hiland was going to bring in some liquor.

Q. What time did you go to bed?

Pickering. I went to bed about 11 o'clock.

Q. Where was you between 5 and 11 o'clock?

Pickering. I was in a house just by there.

Q. Had you a man in your company?

Pickering. There was a young man that went out of the Tower with me.

Q. Was the girl that went with you at five o'clock with you at that house?

Pickering. Yes, she was, and went away, and came in again.

Q. How long did she stay with you?

Pickering. Till three in the morning, but I lost my money before ever she came to bed to me.

Q. Then you now own she was in bed with you?

Pickering. She did go to bed with me, to be sure.

Q. Did you get up together?

Pickering. We did.

Q. Was there not another bed in the room?

Pickering. There was.

Q. Was any body in that bed?

Pickering. There was a man and woman in it.

Q. How long were they in that room?

Pickering. They were there when we went to bed.

Both Acquitted .

283. Honour Flanerkin , was indicted for stealing six pounds of bacon, value 18 d. the property of Thomas Price .

No evidence appeared, Acquitted .

284. (M.) Niels Nielson , was indicted for stealing one hat, value 1 s. the property of Peter Youngman ; and one guinea , the property of Andreas Limblaw , Aug. 6 . ++

Magnus Ohran . On the 6th of August, the things mentioned in the indictment were missing.

Q. What are you?

Ohran. I keep the Prince of Denmark's head, a public house, at Wapping Old Stairs.

Peter Youngman . I and the prisoner lodg'd at the Prince of Denmark's head, Wapping Old Stairs.

Q. What are you?

Youngman. I am a Sweed, we are seamen ; the prisoner had been constantly there every day, he eat and drank there, but did not lie there; he went away about seven or eight in the evening on the 6th of August; I went to bed about ten; the next morning I miss'd my hat.

Q. Who keeps that house?

Youngman. Mr. Ohran.

Q. Did you meet with your hat again?

Youngman. I suspected the prisoner, I went and found it in his bed-room (produc'd in court, and depos'd to)

Ohran. On the 7th in the morning the seamen miss'd several things, one had lost buckles, another a pair of breeches, and other things; we took up the prisoner, and he confess'd he stole the several things.

Q. Did he confess he stole the hat and guinea mention'd in the indictment?

Ohran. He did.

Prisoner's Defence.

I never took any thing out of the house.

Guilty .

[Transportation. See summary.]

285. (M.) Lampley Noel , was indicted for stealing half a pound of green tea, value 4 s. 10 guineas and one half guinea, and 10 shillings and 9 halfpence in money, the property of Moses Barwick , in the dwelling-house of the said Moses , Sept. 10 . ++

Moses Barwick. I keep a publick house , the prisoner was my servant very near a year and half; he has robb'd me of money, but it is impossible for me to know what he has taken; I have miss'd money many a time out of a cupboard, where I us'd to put it, and I laid a shilling in halfpence to see who took it; I miss'd nine pence out of it; then I challeng'd him with it, and he acknowledg'd he took it; he acknowledg'd also he had robbed me of upwards of 5 l. which he had spent, and I have some green tea in my pocket which he acknowledg'd he took.

Q. How did he say he took it?

Barwick. He said he took it by about a tea cup full at a time.

Q. Where did you find that?

Barwick. In his box; he own'd he had robbed me of a great deal of liquor, which he had carry'd out of the house; on searching him, we found 10 guineas in gold, and a half, ten shillings and four pence halfpenny in his pocket; he confess'd he had taken it out of my cupboard in halfpence at divers times, and chang'd them into silver, and then into gold, and that it was my property.

Q. Did you ever keep gold in that cupboard?

Barwick. I have had many a guinea in it; sometimes when I have chang'd money, but I never us'd to let them lie long there; and I never miss'd no gold from out of that cupboard, I us'd always to put halfpence in that cupboard. and have miss'd a crown's worth at a time. I took him before justice Wright, there he confess'd he took it from me in halfpence, and that it was my property; this was in my hearing.

Q. Did he confess to the taking the tea?

Barwick. He did.

Hen. Pain. I live in Broad-street near the prosecutor; I was with the prisoner before the justice, and heard him confess he had stole all that money from time to time from out of a dish in his master's cupboard.

Q. to prosecutor. Where is that cupboard where you put your halfpence?

Prosecutor. It is in my bar.

Q. What do you value the tea at?

Prosecutor. I value it at 4 s.

The prisoner said nothing in his defence.

Guilty .

[Transportation. See summary.]

286. (M.) Elizabeth, wife of John Brown , was indicted for stealing one linnen shift, value one shilling; one pair of worstead stockings, value six pence , the property of Jos Sparrow , July 25 . ++

Jos. Sparrow. The prisoner came into my yard and took a shift and a pair of stockings, that I had seen before hanging in the yard to dry.

Q. Where do you live?

Sparrow. I live in Abel's buildings, Rosemary lane .

Q. Did you know the prisoner before?

Sparrow. I never saw her before to my knowledge.

Q. When was this?

Sparrow. This was on the 25th of July, between nine and ten o'clock at night.

Q. Did you see her come into the yard?

Sparrow. No, I did not, but I saw her when she was in the yard.

Q. Did you see her take the shift and stockings?

Sparrow. I suppose she took them.

Q. How long before she came into the yard had you seen the things?

Sparrow. I had seen them about an hour, or an hour and half, before that.

Q. Are you sure they were in the yard when she came in?

Sparrow. I am sure they were.

Q. Whose property were they?

Sparrow. The shift belong'd to my wife, and the stockings were mine; the prisoner pull'd open the shutter of the window, and put up the sash, and attempted to take a sheet that was there, that I saw very plain, I saw her have hold of it; then I asked her what business she had there; then she drawed back. I went and laid hold of her before she got out of the passage; then she dropt the shift and stockings from under her cloak, (produc'd in court, and deposed to) I asked her how she came by them; she would give me no account how she got them.

Q. Did she at any time own how she came by them?

Sparrow. No, she denied taking them; I charg'd a constable with her, and took her before justice Scott.

Prisoner. He said before the justice he found nothing at all upon me.

Sparrow. I said I found these things upon her.

Isaac Dimsdell . I had been out about my business on saturday the 25th of July at night; when I came home. I was told they had taken a woman, who had taken some cloths from a line; we took the prisoner to the watchhouse, and the next morning, we had her before the justice; going along, we had a great mob of people followed us; we took her into an alehouse, then the mob dispersed, and in the alehouse yard she confess'd she stole the things, and said, she was sorry for what she had done.

Prisoner's Defence.

Please you, my lord, I was a little in liquor, I was going to a neighbour's house, I made a mistake, and went into this man's entry; the man came out, and ask'd me, whether I wanted to rob him; I made him a saucy answer and he charg'd the constable with me, and took me before a justice, there he said he found nothing upon me.

For the prisoner.

Ann Quinn . I have known the prisoner six or seven years.

Q. How did she get her livelihood?

A. Quinn. She used to sell old cloaths.

Q. What is her general character?

A. Quinn. She has a very good character, she lived on and off with me six years.

Q. Are you a housekeeper?

A. Quinn. I am, and she was a lodger, I have trusted her with things of value.

Q. How long ago is it that she lived with you?

A. Quinn. It is six years ago, and she lived with me about five month ago.

Catherine Ireland . I have known the prisoner about six years, she lived with me about three years.

Q. How long is it ago since she lived with you?

C. Ireland. She left me twelve months last Michaelmas.

Q. What is her general character?

C. Ireland. I never heard any harm of her in my life.

Q. What is your employ?

C. Ireland. I sell fish.

Guilty, 10 d.

[Whipping. See summary.]

287, 288. (M.) Mary Brooks , spinster , otherwise wife of Edward Delany ; was indicted for stealing 18 yards of red bays, value 9 s. and 2 yards of linnen cloth, value 1 s. the property of Paul Cantling ; and,

Susannah Newberry , widow , for receiving the same, well knowing the same to have been stolen , August 5 . ++

Mr. Duberly. I employed Paul Cantling in making cloths for the army ; I delivered goods to him to make up into cloths.

Q. What have you lost?

Duberly. Mary Brooks was taken up, and charg'd with taking the goods; she confess'd she had taken seven linings, or eighteen yards of bays, and two yards of linnen cloth, and said she sold them to different people, and particularly she sold some to the other prisoner Susannah Newberry .

Q. How much did she say she had sold to her?

Duberly. She said, she had sold to her five linings; I went, as directed by Brooks, and found them; and said to Newberry, I have catched you at last ( produced in court) we call it brown Hessian; the other prisoner Brooks said, this belongs to me.

Cross Examination.

Q. Are there not other people that work for the army besides you?

Duberly. Yes.

Council. I suppose they make use of the same sort of materials?

Duberly. Yes, the same as I do.

Q. Then how do you know that these pieces were taken from you?

Duberly. I know it by the confession of Brooks.

Q. Will you take upon you to say the piece produced is your property?

Duberly. They are of the same sort that I lost, and the other prisoner Newberry own'd she bought the bays.

Q. Whether you found any part of the red bays at Newberry's?

Duberly. No, she said she had not got them; but she said she had bought them of the prisoner Brooks.

Paul Cantling . I was employed by Mr. Duberly to make up cloths for the army, and I employed the prisoner Brooks to help make up my work.

Q. Did you miss any thing?

Cantling. I miss'd a good deal of cloth; but she acknowledged she had stole 7 linings.

Q. How much is contained in a lining?

Cantling. There is 3 yards in a lining.

Q. Did you lose any Hessian?

Cantling. Yes, I lost a good deal, that is, linnen cloth, that we line the sleeves and make pockets with; I had a suspicion of the prisoner Mary Brooks , and took her up, and charged her with taking it; she own'd she stole 7 linings; I ask'd her what she had done with them; she said, she sold 5 of them to Mrs. Newberry; we got a search warrant, and found these linings.

Q. Did she own to have bought them?

Cantling. She did.

Cross Examination.

Q. Where do you live?

Cantling. I live in Diet street, St. Giles's.

Q. Where did Brooks live?

Cantling. She lodg'd in my house.

Q. What did she pay per week?

Cantling. She paid about 8 pence a week, and as she finished one garment I gave her another.

Q. In what manner did you pay her?

Cantling. I paid her by the piece.

Q. Did she work this work in her own room, or any other part of the house?

Cantling. It was done in my own room.

Hugh Fagan . I am a constable; I took up the prisoner Mary Brooks .

Q. What was she charged with?

Fagan. She was charged with taking things away from Mr. Cantling, but with more than what were found; Brooks own'd she had taken some linings, and sold them.

Q. Did you hear the other prisoner say any thing?

Fagan. Yes, she said Brooks wanted some money upon the cloth, but that she bought them out and out.

Brooks's Defence.

I lodged in this room of Paul Cantling 's, he always delivered the work to me to do; I made bold to take these linings, and pledge with Mrs. Newberry.

Newberry's Defence.

I did not buy a bit of lining at all, nor did I speak a word before the justice, g ood or bad.

Brooks Guilty .

Newberry Acquitted .

[Transportation. See summary.]

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

Received sentence of Death 3.

John Dempsey , William Odell , and Francis David Stirn .

Transportation for seven years 20.

William Ridley , Benjamin Hixon , John Driver , Ann Howard , William Horton , Elizabeth Stavely . William Gibbs , Mary Jones , John Dennison , Sarah Davis , James Jackson , Ann Bassey , Jane Dickson , Bartholomew Savage , Hugh Collins , Sarah Long , Mary Brooks , Andreas Martin , Niels Nielson , and Lamprey Noel.

John Hughs , judgment respited.

To be whipped 2.

Mary Jones , Elizabeth Brown .

Branded 1.

Nicholas Wyate .