Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 November 2014), October 1760 (17601022).

Old Bailey Proceedings, 22nd October 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 22d, Thursday the 23d, and Friday the 24th, of OCTOBER,

In the Thirty-third Year of His MAJESTY'S Reign. NUMBER VIII. for the YEAR 1760. Being the Eighth 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 CLIVE, Knt. * Sir SIDNEY STAFFORD SMYTHE, + 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.

John Lane

Charles Rogers

William Purden

John Barnett

James Halfhide

James Knight

George Dore

Mark Ridgeway

David Jennings

John Salt

Simon Hevingham

Richard Wainwright

Middlesex Jury.

Francis Wilder

William Mathews

William Robey

Isaac Daniel

Enoch Walton

James Long

Nicholas Wright

Jos Walker

John Bartholomew

Mark Hamell

James Harrison *

Richard Addison *

* Edmund Goodman , serv'd in the room part of the time for Richard Addison ; and Edw Turpin , in the room of James Harrison , who was taken ill.

289 (L.) Jeremiah Peacock , was indicted for stealing two mahogany tea boards, value 7 s. and 3 mahogany bottle boards, value 2 s. the property of Jane Harrowsmith , widow , and John Harrowsmith , October 2 . ++

John Harrowsmith . The prisoner was my journeyman .

Q. Have you any partner?

Harrowsmith. Yes, my mother; I miss'd the goods mentioned in the indictment and found them in Morris's lodgings; he came and asked me to come and see if they belong'd to me; I went accordingly, and there they were.

William Morris . I am a watchmaker (he produced the goods mentioned in the indictment; deposed to the prosecutor) the prisoner Peacock brought two of the bottle stands at one time, and one at another; I was going by his master's shop, he desired me to take a parcel out of his master's shop widow; he toss'd it out wrap'd up in a cloth; it fl down, and I saw it to be a tea board; he said it was his own, and I took it for him.

Prosecutor. The prisoner told me he had taken another tea board, and had sold it to Mr. Wt, and I went and found it there.

Prisoner's Defence.

William Morris ask'd me for these things, and for a small weighter to set his watches upon.

Morris. He told me in New Prison he wouldy it upon me, but it is all false, I never desired to bring me any such thing.

For the prisoner.

Edward Berry . I have known the prisoner seven years, he worked for me about two years, and boarded in my house, I never knew a ill of him.

Q. What is your business?

Berry. I am a turner.

Guilty .

[Transportation. See summary.]

290. (M.) Elizabeth Carr , was indicted for stealing one cotton gown, value 21 s. one silk gown, value 3 l. and one common prayer book, value 2 s. the property of William Hardiman , in his dwelling house , September 15 . *

Sarah Hardiman . I am wife to the prosecutor; I let the prisoner lie with me in my husband's absence, she went out of my house the 15th of September, and when she was gone I miss'd one of my gowns, it was a blew tabby, the other a cotton, and a common prayer book; they were taken out of a box that was locked. Last thursday I took her myself, and charged her with taking them. She confess'd she took them, and told me where they were; I took her before a justice of the peace, and she confess'd the same there; he committed her, I went and found the things accordingly. (the two gowns and prayer book produced in court, and depos'd to)

Q. How came you to know the prisoner?

S. Hardiman. I keep a cook's shop, and she came and dined with me several times, and I took her to be a very honest woman.

William Oversmith . I am a constable; I served he warrant on the prisoner last thursday; she was taken to St. Ann's watchhouse, and the next morning I heard her confess there, she took the things here produc'd from Mrs. Hardiman.

Thomas Marthwatet . I am a pawnbroker; the things were pledg'd in the name of Carr, but not by the prisoner; I heard the prisoner confess she sat them to pawn.

Q. What did you lend her upon them?

Marthwate. 18 s.

Q. What are they worth?

S. Hardiman. 4 l. 2 s.

Prisoner's Defence.

I did not take them, nor pawn them neither.

For the Prisoner.

Elizabeth Williamson . I have known the prisoner aboutwo years.

Q. What his her character?

E. Williamson. I have trusted her with plate, and things of value, she never wrong'd me; I always found her a very honest body.

Hannah Stains . I have known the prisoner about four or five months.

Q. hat character does she bear?

H. Stains. I cannot say that ever she had a bad character.

Guilty. 39 s .

[Transportation. See summary.]

291. (M.) Daniel Field , was indicted for stealing one ewe sheep, value 6 s. the property of Christopher Hill , against his Majesty's peace, his crown and dignity, October 5 +

Christopher Hill. I am a farmer at Finchley ; I have upwards of 200 sheep; on the 4th of Oct. I miss'd a sheep.

Q. What sort of a sheep?

Hill. Quite a small ewe sheep, of a thin horn, fresh marked on the rump with oaker; I saw the skin at William Slayter's, a butcher, at Finchley; I could know the skin from 5000.

Cross Examination.

Q. Who is your servant now?

Hill. It is John Fitzwater .

Q. Did not you employ the prisoner once?

Hill. I did.

Q. Did you not sign-a paper to the prisoner?

Hill. I did.

Q. Look at this paper; is here your name?

Hill. He takes it in his hand (here is my name)

Q. Had he the care of your sheep at the time you lost this sheep?

Hill. No, he had not.

Q. Had not the prisoner sheep of his own on the common?

Hill. I believe he had.

Q. Had he 20?

Hill. I do not know.

Q. How did you come to suspect the prisoner?

Hill. I heard he had drove such a sheep to Brown's Wells on Finchley Common; I enquired of him where the skin was sold, and the person there told me it was to Mr. Slayter; I went and found the skin there.

Q. When was this?

Hill. This was I believe on the 9th of Oct. instant; upon finding the skin there, I desired Mr. Slayter to go with me to Mr. Cross; after he said he had the skin of Mr. Keyton, I got a warrant for Mr. Keyton, and the prisoner also, and served it on the prisoner at Brown's Wells that night, and the next morning I took him before the justice of the peace.

Q. After you had serv'd him with this warrant, did you let him go at liberty, on the promise that he would come again the next morning?

Hill. No, I did not: I do not know what the constable might do, but I found him there the next morning.

Q. Have you the same marks to your sheep?

Hill. I have.

Q. Is not the common way to put the initial letters of your name on them, with a pitch brand?

Hill. Our mark is a cross-bow.

Q. Was this sheep mark'd with that mark?

Hill. No; it was not.

Q. Then how can you be sure it was your property?

Hill. It was a very remarkable one, mark'd with fresh oaker.

Q. Whether people in general do not put the initial letters of their names on their sheep?

Hill. They do, I believe.

Q. Whether the prisoner, who has sheep of his own, does not keep his sheep without any brand mark at all, on purpose to distinguish them from others?

Hill. I have seen a good many mark'd with D. F. and oaker on the hip, which I suppose to be his sheep.

Q. Did you never see any of his sheep without any mark?

Hill. No.

Q. As this skin that you found in the custody of Slayter has no mark at all, and your's are mark'd, how came you to imagine it to be your sheep?

Hill. That sheep happen'd to slip out when we were marking the sheep, and we knowing it to be a very remarkable one, with the off leg behind black, and a red mark on the rump, we thought it had no need of any mark.

Q. Were all this man's sheep mark'd with D.E. ?

Hill. All that ever I saw were: and red oaker on the rump, not the hip.

Q. Had you not discharg'd Fitzwater once?

Hill. I did.

Q. Upon what account?

Hill. Upon a little affair; about ordering a boy to go of an errant: he said, he should not go till he had done something to the sheep.

Q. Was it for something dishonest?

Hill. No, it was not.

Q. What is the prisoner?

Hill. He may be call'd a labouren.

Q. Has he any farm?

Hill. No, he has not.

Q. At the time you employ'd him to look after your sheep, had he any authority to sell any sheep for you, or was he only to look after them?

Hill. I never employ'd him to sell any sheep in my life.

John Fitzwater . I am servant to the prosecutor; I remember a sheep being missing on the 4th of October instant.

Q. Did you ever find it again?

Fitzwater. No, never; but we found the skin; it was found at William Slayter 's.

Q. When had you seen that sheep last.

Fitzwater. I took particular notice of it on the 3d of October, on the common, it was a very remarkable one.

Q. Describe what was remarkable.

Fitzwater. It was a thin-horn'd one, a black hock behind, and a speckle face, with red oaker on the rump.

Q. Was there not other sheep on the common mark'd with red oaker?

Fitzwater. There were.

Q. Do you know how the prisoner's sheep were mark'd?

Fitzwater. Yes; with D.F. and a little dot of oaker on the hip, about as big as a crown piece.

Cross Examination.

Q. Are you certain as to this sheep?

Fitzwater. I knew it particularly well. I look'd after it two years, and I must know it, to be.

Q. How long have you been servant to Mr. Hill?

Fitzwater. I have been servant to him seven years and above.

Q. Was you once from him?

Fitzwater. I was, a little while; then the prisoner look'd after the sheep.

Q. Do you serve your master in any other capacity besides that of a shepherd?

Fitzwater. No.

Q. Do you know the mark your mastermarks with?

Fitzwater. Yes; it is a cross-bow.

Q. Was this sheep mark'd so?

Fitzwater. No.

Q. Was you at the examination of the prisoner before the justice of the peace?

Fitzwater. I was.

Q. What did he say for himself?

Fitzwater. There he did not deny delivering it to Keyton the butcher, for him to sell

Q. What were his words?

Fitzwater. He said, he carry'd it to Keyton the Butcher, for him to kill it, and make the best of it; and he told me where the skin was sold?

Q. When had you seen that sheep last?

Fitzwater. I saw it on the 3d of October, amongst my master's sheep; it was my master's property, and I am positive the skin that I saw at Slayter's was the same skin.

Q. How came you not to put the cross-bow on it, as you have on all your master's sheep?

Fitzwater. I intended to put it on.

Q. Was you at the marking the sheep?

Fitzwater. I was not; I reddled this.

Q. At the time you reddled this, did you reddle any other?

Fitzwater. I did; more of them the same way.

John Keyton . I remember the prisoner bringing a sheep on the 4th of this instant to sell. I was not at home when he brought it; he put it in the stall, and came 2 or 3 hours after, and ask'd me, if I had kill'd the sheep? I said, no. He said, I must kill it; or if I did not, it would die.

Q. What sort of a sheep was it?

Keyton. It was a very small, poor ewe.

Q. How was it mark'd?

Keyton. It had reddle on the rump; and some dog or other had tore the neck all to pieces; it was very thin, very poor, and very rotten. I kill'd it, and carry'd the skin to Mr. Slayter's.

Cross Examination.

Q. What are you?

Keyton. I am a butcher.

Q. Where do you live?

Keyton. I live at Finchley, and have for 30 years and above.

Q. What was you to do with the carcase?

Keyton. I was to make the best of it.

Q. What time of the day did he bring it?

Keyton. He brought it about 9 in the morning.

Q. How long have you known the prisoner?

Keyton. I have known him betwixt three and four years.

Q. Has he sheep of his own upon that common?

Keyton. He has.

Q. What are they?

Keyton. Some ewes, and some weathers.

Q. Of what size?

Keyton. There is not much difference in the size of this and them.

Q. Whether the prisoner's are all mark'd?

Keyton. That I cannot tell.

Q. Did you ever sell any sheep for him before?

Keyton. I bought sheep of him several times, with his own mark on them.

Q. How are his sheep mark'd?

Keyton. They are mark'd with D.F.

Q. Were they all mark'd so, that you bought of him?

Keyton. I do not say that I never bought any of him without a mark before; but I can neither read nor write.

William Slayter . I bought a skin of the last evidence.

Q. Was any mark on it?

Slayter. There was an oaker mark on the rump, and a black mark on the hock.

Q. Did Mr. Hill ever see that skin?

Slayter. He did, and so did Fitzwater.

Cross Examination.

Q. What are you?

Slayter. I am a butcher.

Q. Do you ever buy sheep-skins of Mr. Hill?

Slayter. I have.

Q. How were they mark'd?

Slayter. They were mark'd with a pitch-brand mark.

Q. Were they mark'd like this skin?

Slayter. No; this had no pitch-mark.

Q. Has the prisoner any sheep upon the common?

Slayter. He has.

Q. Did you ever buy sheep of him?

Slayter. I have.

Q. How were they mark'd?

Slayter. They were all mark'd D.F. with green or blue paint on the horn.

Thomas Wager . I saw the skin; it was the skin of a sheep that the prosecutor bought of me, about three years ago. I then sold him a sore.

Q. Were did you see the skin?

Wager. I saw it at Mr. Slayter's

Q. Is it not generally the way, when people buy sheep, to put a new mark upon them?

Wager. Yes, Sir, but not always so; I have known people keep sheep three years, without putting a mark upon them.

Prisoner's Defence.

On saturday the 4th of October, I found one of my own sheep bit with a dog; I carried her to the butcher, for him to make what he could of her. I made no bargain with him. I know no otherwise than that it was my own, part of mine have no other mark at all upon them than oaker.

Q. to Prosecutor. Is it not usual to sheer your sheep once a year?

Prosecutor. Yes, always; our usual time is the latter end of May, or the first week in June. I had this sheep in my ground at my farm in Essex, and I did not think it necessary to mark her then.

For the prisoner.

John Huss . I live in Long lane, Smithfield; I have known the prisoner above five years.

Q. What is his general character?

Huss. He has an honest character, as far as ever I heard. I was brought up at Finchley. I know his wife had sheep before she married him, but as to the number or marks I cannot say.

Q. What are you?

Huss. I am a pastry-cook.

Thomas Vicars . I have known the prisoner upwards of five years.

Q. Where do you live?

Vickers. I live at Highgate; he keeps sheep upon the common, but what quantity I cannot tell.

Q. What is his character?

Vicars. I never heard but that he is a very honest man, and takes good care of his family.

Jos. Grove. I live at Highgate. I have known him about five years.

Q. Do you know of his having any sheep upon the common?

Grove. I know he has some, but I cannot tell what quantity.

Q. What is his general character?

Grove. He is a very honest man, as far as ever I heard; I have had dealings with him.

Mr. Mills. I have known him above five years. I know he has sheep upon the common, but cannot tell the number; it may be 40 or 50.

Q. What is his character?

Mills. He is a very worthy man as any in the parish, as far as ever I heard.

Stephen More . I have known him about three years; he is an honest man, as far as ever I heard.

Acq .

He was a second time indicted by the same name, for stealing one sheep-skin, value 8 d. the property of Daniel Cluen ; one sheep skin, value 6 d. the property of John Odell ; one sheep-skin, value 4 d. the property of Richard Lancake ; and one sheep-skin, value 4 d. the property of Martin Hokin , Octob. 16 . *

James Steel. The prisoner was common-keeper at Finchley ; he used to bring sheep-skins sometimes to my work-shop, and hang them up over a beam.

Q. What shop is yours?

Steel. Mine is a turner's shop.

Q. What is that of common-keeper?

Steel. He us'd to tag and dress the sheep, and drive strays off the common.

Q. Do you know who the skins belong to?

Steel. No, I do not indeed.

Cross Examination.

Q. Is your's an open shop?

Steel. It is a very open one; people might see the skins the same as any gentleman may be seen in this court.

Martin Yaulding . The prisoner sold me those skins that he had hung up at Mr. Steel's; he told me he was common-keeper, and had a right to them.

Q. How many skins were there of them?

Yaulding. I cannot tell the number of them, there might be 18.

Q. Are any of them here?

Yaulding. Yes, four of them are; he told me the fallen skins were his perquisites.

Q. What do you mean by fallen skins?

Yaulding. I mean sheep that die of the rot.

Cross Examination.

Q. Did he make any secret of it?

Yaulding. He did not.

Q. Did any body see you buy them?

Yaulding. There were half a dozen people by at the time. ( four sheep-skins produced in court.)

Q. Is it usual for shepherds to sell fallen skins?

Yaulding. I always thought it was the custom.

Q. Can you distinguish whether the skins were skins of fallen sheep?

Yaulding. Three of these are such, the other I think is not; that belongs to Mr. Hokin, a farmer at Paddington.

Daniel Cluen . The prisoner was chose in common driver, to keep strays off the common, he being about on the common. The people allow'd him a little trifle; I allow'd him 18 d a week for looking after my sheep.

Q. If any sheep die, is he intitled to their skins as a perquisite?

Cluen. It never was known in the world as a perquisite in our parish. I have forewarn'd him touching mine many a time.

Q. Look upon this skin?

Cluen. (He takes one in his hand) This is my property; here is my mark very plain.

Q. What is the value of it?

Cluen. I put it in the indictment at 8 d. it is worth more money.

Q. Is it a fallen skin?

Cluen. I thought it was not a fallen skin, but the felmonger says he thinks it is.

Q. to Yaulding. What did you give for this skin?

Yaulding. This skin I think I gave 8 d. or 9 d. for it.

Cross Examination.

Q. How came you to forewarn him not to sell your skins?

Yaulding. I have lost more sheep this year than usual; and if I saw a sheep lie dead, I soon found the skin was taken off. I don't know but I have lost 20 or 30 this year, and he always said he did not take them.

Q. Do you know how they died?

Yaulding. No, I do not.

John Platt . I am servant to Mr. Odell. The prisoner is chose in sheep-keeper and common-driver.

Q. When the sheep dies, who does the skin belong to?

Platt. To the man whose mark is upon the sheep.

Q. Does the common-driver claim them as his property?

Platt. I never heard of such a custom. (he takes a skin in his hand.) This is my master John Odell 's property. I can sware this is a skin belonging to one of his sheep.

Q. Has the prisoner any right to the skins of such as die on the common.

Platt. If he takes them off, he has a right to bring them home to their owners, they are not his skins.

Q. What is your master's mark?

Platt. His mark is J.O.

Q. to Yaulding. Did you buy this skin?

Yaulding. I did, of the prisoner Field.

Q. Is there any body in your parish whose name begins with J.O. besides your master?

Platt. No, there is not.

Q. Have you lived long in that parish?

Platt. I never lived out of it above a year.

Q. By what do you know, that the skins are not the perquisite of the common driver?

Platt. Because no body ever allow'd it.

Thomas Wallis . (he takes up another skin) this is the property of my master Mr. Richard Laneake .

Q. to Yaulding. Who did you buy this skin of?

Yaulding. I bought it of the prisoner Field.

Q. Is it a fallen skin?

Yaulding. It is.

Q. to Wallis. How do you know this skin to be the property of Mr. Laneake?

Wallis. Because I put the mark on it myself.

Q. to Yaulding. What did you give the prisoner for this skin?

Yaulding. I gave him about 6 d. a piece for them all together.

Prisoner's Defence.

I took that little skin last mentioned, the sheep was dead: the prosecutor's own man said, he would not meddle with it; the other I found on the Common, I did not know whose they were.

The witness on the former trial were again examined to his character.

Acquitted .

292, 293. (M.) Martha, wife of John Archdeacon , was indicted for stealing 3 linnen sheets, value 6 s. 2 copper saucepans, value 2 s. 2 blankets, value 2 s. 2 smoothing irons, value 2 s. one woollen rug, value 2 s. 2 bed pillows, value 1 s. 5 childrens petticoats, value 6 d. the property of the governor and company of the Foundling Hospital .

And Mary, wife of Thomas Richardson , for receiving the same, well knowing them to have been stolen , Sep. 8 . *

Lancelot Wilkinson. I am steward to the Foundling Hospital; I received information that Mary Richardson had got some sheets belonging to the governor and company of the Hospital; I got a search warrant, and in her apartment found three sheets, and two saucepans, two pillows, two flat irons, two blankets, and five petticoats for children, all the property of the governors of the Hospital, ( produced in court) at that time Martha Archdeacon was a nurse belonging to the Hospital, a servant in the house (she is mother to Richardson.) Upon Richardson's being accused of stealing them, she said, she received them of Archdeacon; I took a warrant, and took up Archdeacon, and she confessed she gave them to Mary Richardson .

Q. Were they in the presence of each other?

Wilkinson. They were; and Archdeacon said, she knew they were things that belong'd to the Hospital.

Cross Examination.

Q. How long had Martha Archdeacon been a nurse in the Hospital?

Wilkinson. I believe two or three years.

Q. How had she behaved in that time?

Wilkinson. I knew nothing amiss of her during that time.

Q. Was she not very ill at the time these things were missing?

Wilkinson. She was then very well.

Q. Do you know Elizabeth Cannon ?

Wilkinson. Yes.

Q. What is she?

Wilkinson. She was a nurse in the Hospital at that time.

Q. Whether Archdeacon did not say she had the things of Cannon?

Wilkinson. Martha Archdeacon said, she had part of them from Cannon; she said, Cannon first proposed it, and she had the sheets of her; she owned she delivered them to her daughter with the other things, which she said, she herself took.

Q. What is become of Cannon?

Wilkinson. She was taken before justice Welch, and there appearing no evidence against her, she was discharg'd; the flat irons, and a saucepan, were taken from the room where Archdeacon was nurse; and she own'd she took them all from the Hospital.

Jos. Groom. I am constable; I served the warrant, and found the things in the possession of Richardson, in Newtoner's lane; she said, she had them of her mother, the other prisoner.

Cross Examination.

Q. Was there any attempt made to conceal them.

Groom. No, there was not; there was another woman in the room that lodg'd there, when I found them.

Q. Did you see Elizabeth Cannon ?

Goom. I did.

Q. How came she to be discharged?

Groom. The justice knows that best.

Archdeacon's Defence.

I lived three years and five months in the Hospital; it was not in my power to go where the things were, Elizabeth Cannon , gave them to me, and said, they were her own wearing apparel; she desired me to put them by for her, which I did, they were all together, and I did not know what were in them; I have witnesses to my character, that have known me seven years, fellow servants; I never was before a judge or jury in my life before.

Richardson's Defence.

I did not know that the things did belong to the Hospital; I am daughter to Martha Archdeacon .

For the prisoners.

Margaret Waring . I was servant above a year where Archdeacon lived.

Q. How long have you known her?

M. Waring. I have known her above a year and a quarter.

Q. What is her general character?

M. Waring. She is very honest; I never heard any thing of dishonesty by her.

Q. Where did you live with her?

M. Waring. I lived fellow servant with her at Battle-bridge.

Q. Do you know her daughter?

M. Waring. I have no acquaintance with her.

Catharine Riley . I know both the prisoners; I was in the Foundling Hospital with the mother two years, and have known her seven; she behav'd just and honest, her character is extremely good.

Q. How long have you known the daughter?

C. Riley. I have known her seven years; I never knew any thing of her but what was just and honest.

Fra. Mooney. I knew both the prisoners; I was fellow servant with Archdeacon two years and four months, in the Foundling Hospital.

Q. Do you belong to the Hospital now?

F. Mooney. No, I do not.

Q. What is her character?

F. Mooney. I never knew any ill by her; I have known the daughter a year, I never knew any thing of her but what was just and honest; she bears a very good character.

Margaret Thompson . I have known Archdeacon between three and four years; she was a wet nurse in the Hospital; I always took her to be a very honest woman.

Q. Do you know Richardson?

M. Thompson. I know nothing of her.

Archdeacon Guilty .

Richardson Acquitted .

[Branding. See summary.]

294. (M.) Fra Crump , was indicted for stealing 4 s. 6 d. in money, number'd , the money of John Smith . Oct. 7 . *

John Smith. On monday was a fortnight I went to bed; I then had 6 s. and 6 d. in my pocket; the prisoner came to bed some time after me; on the wednesday morning (for I never look'd at it on the tuesday) after I was gone out to go to my work, I felt in my pocket, and thought my purse very empty; I look'd at it, and found it tied of a harder knot, than generally I tied it; I look'd in it, and found but 3 s. when I came home from my work, I marked my money with a needle; this was on wednesday night, they were 3 king William's shillings, and a sixpence then, and put them in my purse, and on the tuesday morning I miss'd one of the shillings; then I went to justice Welch, and got a warrant, and got a constable, and we charg'd the prisoner with taking it, and he produced it.

Q. Had he laid with you the night before?

J. Smith. He had; and for two months before, or thereabouts.

Q. Where did you lodge?

J. Smith. We lodged together just by the seven Dials, in Queen-street , (he produced two shillings) they were all mark'd as these, the justice has got the other shillings; there was a mark plain to be seen under the letter U in Gulielmus) the prisoner came down stairs after the constable was in the house; the constable told him, he had got a warrant against him for robbing me of 3 s. and 6 d. he said he had not 3 s. and 6 d about him; the constable said, you know best where you put your money; then the prisoner pull'd out a penny, and the shilling mark'd, which was one of these produced (the jury inspect them.)

William Smith . The prisoner and John Smith lodg'd together in my house; the prosecutor came home on the wednesday night, and said he had lost 3 s. and 6 d. out of his purse; he said, he suspected the prisoner. I told him to go and get a warrant, and take him up. He said, he could not swear to money; then he took and mark'd 3 s. and 6 d. and put it into his purse, and on thursday morning he missed a shilling.

Q. Did you see him mark them?

J. Smith. I did; then he went to justice Welch, and got a warrant and a constable; and when the prisoner came down stairs, the constable told him he had got a warrant against him, for robbing John Smith of 3 s. and 6 d; he said, he had not so much about him; then he pull'd out his money, and I saw this shilling, and the mark on it, the same as was mark'd over night.

Prisoner's Defence.

I am not guilty of it.

For the Prisoner.

Daniel Mountague . I have known the prisoner four years. I am a serjeant belonging to colonel Fitzmaurice's regiment, so is the prisoner; he always behav'd very well; he has lived in good services.

Mr. Mackdaniel. I keep a public house; the prisoner used my house, and paid his reckoning very well, and never made any disturbances in my house. I did imagine he was a very honest young fellow.

Guilty .

[Transportation. See summary.]

295. (M.) Elizabeth Hopkins , widow , was indicted for stealing one pair of linnen sheets, value 4 s one flat iron, value 1 s. the property of Thomas Popjoy , the same being in a certain lodging-room let by contract , Sept. 20 . *

Thomas Popjoy. I live in Hanover-square ; the prisoner lodg'd with me three years and a half. I let her the room at 22 pence per week, with goods ready furnished. The things mention'd in the indictment were missing about the 20th of September. I took her up, and charg'd her with taking them; she owned that she had taken them, and told where they were, and they were found accordingly. (produced in court, and depos'd to.)

Mr. Brooks. I am a pawnbroker; I lent the prisoner 2 s. 7 d. on these goods.

Prisoner. I did intend to pay for the goods, and bring them again, but he took me up before I could get the money.

Guilty .

[Transportation. See summary.]

296, 297. (M.) Mary Fagan , and Hannah Saunders , spinsters , were indicted for stealing 16 guineas, 2 half guineas, and 12 s. and 6 d. in money, numbered, the property of James Shoosmith , privately and secretly from his person , Sept. 24 . *

James Shoosmith. I met with the two prisoners at the Adam and Eve, hard by Pancras churchyard; Fagan was carrying a pot of beer out, to carry to two men that were cleaning a moat out; the two men ask'd me, if I wanted a jobb? I said, I did not care if I had a jobb.

Q. When was this?

Shoosmith. This was on a wednesday, three weeks, or near a month ago; the two women at the bar were there; I went to help them, and was to have a shilling for half a day's work.

Q. Who was to give you the shilling?

Shoosmith. The man at the Adam and Eve was to give it me.

Q. Did you help them?

Shoosmith. I did for three hours and a half; I had not had much victuals, and I found myself failing; I told the men I could not stand it, and I went out of the mud, and left my shoes in the mud, and could not get them out; I went and thought to go and buy myself a pair of shoes at St. Gyles's. I went down the fields about forty poles from the house, and lay down to rest me. Fagan followed me, and the other came just after her; they were soon both about me.

Q. Was you asleep?

Shoosmith. I was.

Q. Then how can you tell what was done?

Shoosmith. I felt Fagan's hand in my pocket.

Q. Did you speak to her?

Shoosmith. No, I did not.

Q. Could you feel her hand in your pocket, and say nothing to her?

Shoosmith. Yes, Sir, I did.

Q. Which pocket was it?

Shoosmith. It was my right-hand pocket, as I was laying down.

Q. What was Hannah Saunders doing at that time?

Shoosmith. She stood about a pole off, when this money was taken from me; Fagan took it.

Q. Did she take any?

Shoosmith. No, she did not. I was not quite fast asleep, but I was doasing, then I awaked.

Q. Had you any commerce with either of the women?

Shoosmith. No, I had not.

Q. What did you lose?

Shoosmith. I lost in all, to tell the plain truth, upwards of 30 guineas.

Q. Whose money was it?

Shoosmith. It was my own money.

Q. How came you to have so much money about you?

Shoosmith. I had had it seven years in my pocket. I have been earning of it ever since I was a little boy; I can bring farmers to witness it.

Q. How long had you been asleep?

Shoosmith. I had slept I believe not quite two hours; when I got up, I felt in my pocket, and my money was gone.

Q. How could you sleep quietly two hours, when you felt the woman's hand in your pocket?

Shoosmith. I did not sleep after I found her hand in my pocket.

Q. Did you then charge them with it?

Shoosmith. No; I got up, but could not tell which way they went, and I had no shoes to follow them.

Q. Was you drunk?

Shoosmith. No, I was not; I was taken not over and above well.

Q. Where did you meet with the prisoners again?

Shoosmith. I found Fagan at the black horse in Dyer's street accidentally, as I was going by the door; then I charg'd her with taking my money.

Q. And do you swear she took it from you?

Shoosmith. I do swear she did; they left two half crowns and a shilling in my pocket; she own'd to that going before the justice, just before we came to his house.

Q. What were her words, as near as you can recollect?

Shoosmith. Said she, I did not leave the rogue desolate, he had no occasion to swear against me; I left him two half crowns and a shilling in his pocket, and I had that left in my pocket.

Q. Did either of them know that you had money about you?

Shoothsmith. They both clean'd me when I came out of the mud, and by scraping my breeches my money stuck out; they might perceive it: I bid them keep away, and said, I had no business for them.

Q. Was your money loose in your pocket, or in a purse?

Shoosmith. It was in two parcels, in a purse tied up, and in a bag, or linnen cloth.

Q. Had you ever your money again?

Shoosmith. No, I never had.

Q. What do you say against Saunders?

Shoosmith. I know she had part of my money.

Q. How do you know that?

Shoosmith. We took 17 guineas from her after she was taken; 16 old ones, and 2 half guineas.

Q. Where was that?

Shoosmith. In the constable's house.

Q. Did you find any thing upon Fagan?

Shoosmith. We found 12 s. and 6 d. upon her.

Q. Did Saunders say which way she came by that money you found upon her?

Shoosmith. She said, she found it.

Q. How long after you lost your money was it, that this money was found on Saunders?

Shoosmith. It was found the next day.

Q. Did you find either of your bags again?

Shoosmith. No, I did not.

Jos. Mackdaniel. I am a constable; I search'd the prisoner by order of justice Welch, and found 16 guineas, and two half guineas on Saunders; it was in a little bit of a cloth. (he produc'd the money in a cloth) I am not certain that this cloth is it.

Prosecutor. This is not my cloath.

Q. Look at the money: can you tell whether any part of it is your's?

Prosecutor. There is nothing particular on any of them.

Q. to Mackdaniel. How did Saunders say she came by the money?

Mackdaniel. She said, she found it.

Hugh Fagan I took the two prisoners. I took Fagan at the Noah's-ark in Dyer's-street; the other I took at the Turk's-head in the same street. When Fagan was my prisoner, she said to me, a lousy country dog, he had no occasion to swear against her, for she left him two half crowns and a shilling in his pocket; in searching her, I found 12 s. and 6 d. in silver, and a few half-pence ( produc'd in court.)

Q. to Prosecutor. What money did you find in your pocket after you had been robb'd?

Prosecutor. There was left two half crowns and a shilling.

Fagan's Defence.

My fellow prisoner and I went out a gathering of black-berries; going by the church we met two men in the moat; they as'd me, if I would give them any beer; I said, with all pleasure; one of the men said, I will be 3 d to your 3 d. I said, with all my heart; he said, do you go to the Adam and Eve and order it; I did. I happen'd to meet a woman, she ask'd me, what brought me there, and desired me to go to her home with her; I said, another woman was come along with me to go a black-berrying. This man (the prosecutor) was standing by the other men, he stripp'd stark naked to go to fight with the men in the mud. he had not a bit of shirt to his back; he said he was out of work; he was so much in liquor, they help'd him out of the moat; one said, I'll be 6 d. and the other I'll be 6 d. will not you be 6 d. they said to us, we willingly was 6 d. The prosecutor had a pennyworth of bread and cheese, and paid for two pots of beer; he said, he would fight any of them, and stripp'd in the publick house to fight them; I said to them, sie for shame, how could you make the poor creature so in liquor? they said, what is that to you; I said, he will be drown'd if he goes in the water; then he went into the water, they stood on each side and he in the middle; he fell down; I begg'd for God's sake that they would help him out When he got out, he begg'd of me to go and have a pint of beer with him; I said, I will not drink with you; he said, I have money; he put his hand in his pocket, there was a shilling and a half a crown. This woman by me went from me, and she found that money, where she found it I do not know.

Saunders's Defence.

I was in the field, this man wanted me to go and drink with him, I would not; he said, I should; we went and drank at the Adam and Eve; then he went to go to work, and fell down on his back in the mud and mire; we cry'd out shame; he call'd for help; the water was as high as his middle; the two men draw'd him out, and he lost both his shoes; I saw only half a crown and a shilling he had about him, upon my word; I found 12 guineas in the field.

Fagan guilty Death .

Saunders guilty of felony only .

[Transportation. See summary.]

298. (M.) Ann Powell , spinster , was indicted for stealing 2 cheque bed curtains, value 5 s. one bed valance, value 1 s. one linnen sheet, value 1 s. and one copper saucepan, value 1 s. the property of Isaac Estoo , the same being in a certain lodging-room let by contract, &c . June 12 +

Jane Estoo . My husband's name is Isaac; we live in Tash street, Gray's Inn lane ; I let the prisoner a ready furnished lodging, that is, to Richard Dixon and she together, they came as man and wife.

Q. When was this?

J. Estoo. This was about a fortnight before Midsummer last.

Q. Are they man and wife?

J. Estoo. Before the justice she said they were not.

Q. What did you lose?

J. Estoo. I lost a bed, a bolster, a pillow, a large looking glass, some curtains, one sheet, a brass candlestick, and a saucepan, out of her lodging-room.

Q. Did you ever find them again?

J. Estoo. I found the copper saucepan and sheet again at the Acorn in Fox court, Gray's Inn lane.

Q. How came they there?

J. Estoo. They were pawn'd there.

Q. What is the name of the person to whom they were pawn'd?

J. Estoo. His name is Thomas Burch .

Q. Why do you charge the prisoner?

J. Estoo. She own'd she pawn'd the sheet, but would not own to any thing else; she own'd she went to the door with the saucepan, but another person went in and pawn'd it.

Joseph Benbury . I am servant to the pawnbroker (he produced a sheet and copper saucepan) this sheet was pawn'd to me by the prisoner at the bar, Ann Powell , on the 12th of July, and I took the saucepan in of Richard Dixon , on the 29th of July.

Q. Did you see the prisoner when Dixon pawn'd the saucepan?

Benbury. I did not, she was not in the shop.

Prosecutrix. This sheet and saucepan are my property; the prisoner had lock'd up the door, and went away with the key.

Q. How long had she been in your lodging?

Prosecutrix. About a month or six weeks.

Prisoner's defence.

Dixon took the lodging, and afterwards us'd me very ill; and I left him in the lodgings, and all the things were in the lodgings when I went away.

Prosecutrix. She was gone three weeks before him.

Prisoner. Ask her my character.

Prosecutrix. I knew her about three years ago, she then lodg'd with me, then she behav'd honestly.

Guilty 10 d .

[Whipping. See summary.]

299. (M.) Mary Hutchenson , spinster , was indicted for stealing two linnen handkerchiefs, value 2 d. and one guinea, and 19 s. in money, numbered , the property of Fra Bull , Oct. 6 . ++

Fra. Bull. On monday the 6th of this month I lost two handkerchiefs, a guinea, a nine shilling piece, and 10 s in silver.

Q. Did you know the prisoner before?

Bull. She was my servant ; I went to Hounslow, and when I returned, both she and the money were missing.

Q. Did you leave her in the house when you went out?

Bull. I did.

Q. In what part of your house was the money?

Bull. It was in the till in the shop.

Q. Was any body left in the house besides the prisoner?

Bull. Only a little girl.

Q. When did you meet with the prisoner?

Bull. My wife found her the next day; we took her before the justice.

Q What did she say for herself?

Bull. She did not own it particularly; I was not there all the time, we were call'd by one at a time.

Q. What did she say?

Bull. I can't tell every word she said.

Q. Did you find your money again?

Bull. The money was found upon her.

Q. Can you swear to the money, or any of it?

Bull. No, I cannot; there were also two linnen handkerchiefs found upon her.

Q. Who did they belong to?

Bu ll. To my wife, as my wife says, but I don't know them.

Q. Where are they?

Bull. They are in the hands of the officer, belonging to Old Brentford, but he is not here. She was searched at the Plough at that town, the prisoner own'd she took the money and the handkerchief before the justice.

Q. Are you sure of that?

Bull. I am.

Mrs. Bull. I and my husband were at Hounslow fair on the 6th of this instant, and upon our return the prisoner was gone, and the money too; I found her the next morning, and accused her with taking it; she denied it; she had two handkerchiefs on, my property; we took them from off her neck, they are but of small value, the officer has them.

Q. Where is he?

Mrs. Bull. I have not seen him to-day.

Q. What is his name?

Mrs. Bull. His name is Wheelwright; the prisoner was put into the cage at Old Brentford about three hours; I had an information she had some money about her; she was searched, and a guinea, a nine shilling piece, and two half crowns, and some shillings, were found upon her.

Q. Did you hear her confess any thing?

Mrs. Bull. She did not own any thing at all, as I heard, concerning taking the money.

Q. What did she say about the handkerchiefs?

Mrs. Bull. She said they were mine, but she did not think of stealing them, but intended to bring them back again; she had lived with me about half a year, I never found her dishonest before; I imagine she was set on by some men to do this, she is very young.

The prisoner said nothing in her defence.

Guilty .

[Branding. See summary.]

300. (L.) Mary, wife of - White , was indicted for stealing one pair of black silk mittens, value 2 s. and 6 d. the property of Jeremiah Thody , Oct. 8 . *

William Price. I am apprentice to Mr. Jeremiah Thody .

Q. Where does he live?

Price. In Cheapside ; he is a haberdasher ; the prisoner at the bar came into our shop the 8th of this month, and ask'd to see a pair of black mittens; I show'd her some; she took up two or three pair, and I saw her put one pair under her apron; she held two other pair in her hand, and ask'd the price of them; I said, four shillings a pair; she said, she was not willing to give above 3 s and 6 d. I said, I could not take it; she turned out of the shop, and I went after her, and overtook her about four doors from our shop; she was then puting the mittens into her pocket; I took them from her in the street, and brought her back to the shop.

Q. Are you sure they are your master's property?

Price. I am, they are of my own marking.

Q. What did she say?

Price. She desired I would let her go, as I had my goods again, I had no farther business with her; I said, she should go back to master's shop; she said, if I would not take hold of her arm she would, so she came back.

Jeremiah Thody . I was gone to the Change, and when I came back the prisoner was in my shop.

Q. When was this?

Thody. This was between one and two o'clock, on the 8th of this instant; I ask'd what that woman was there for? they told me, she had been in the shop, and had taken a pair of mittens; then I said, I should take care of her; I took her before the alderman.

Q. Did the prisoner own or disown it?

Thody. She own'd she took the mittens.

Prisoner's Defence.

I had never an apron on, they hung to my cloths, and I knew nothing of them.

Q. to Price. Was she running away?

Price. No; she was walking very gently along.

Q. What did she say before the alderman?

Thody. There she said she knew nothing of them.

For the Prisoner.

Ann Willson . I have known the prisoner at the bar upwards of three years.

Q. What had been her way of life?

A. Willson. Always very honest.

Q. How does she maintain herself?

A Willson. As far as I know, her spouse maintains her.

Q. What is he?

A Willson. He is a baker.

Q. Where does he live?

A. Willson. He lives in the country.

Q. Does she live with him?

A. Willson. She lives always in town.

Q. Does she do nothing to help herself?

A. Willson. She takes in washing when she can get it.

John Gardner . The prisoner's mother lives in Fleet-street, she lives with her, I have known her from a child.

Q. What is her general character?

Gardner. I never knew any harm of her.

Q. Is she a married woman?

Gardner. She is, I suppose.

Guilty .

[Branding. See summary.]

301. Eleanor, wife of - Moor , was indicted for stealing one silver tea-spoon, value 9 d. the property of Benjamin Nicholson , September 16 .

The prosecutor did not appear. Acquitted .

302. (M.) William Anderson , was indicted for stealing five several warrants, one for the payment of 16 l. 9 s. 4 d. to William Lawson . One for the payment of 46 l. 4 s. 11 d. to John Nodes . One for the payment of 3 l. 11 s 4 d. to Alexander Petery . One for the payment of 3 l. 11 s. 4 d. to John Patterson . One for the payment of 3 l. 11 s. 4 d. to Samuel Wilson . The said money being then unpaid, and one promisory note, value 4 l. 3 s. 6 d. the property of Thomas Morris , and three other promisory notes , the property of Deborah Morris , widow , December 2. 1760 . +

Thomas Morris . I am a cabinet-maker . I was persuaded by the prisoner at the bar to buy these several seamen's tickets. I lost them all five, and found three of them again.

Court. Give an account when and how you lost them.

Morris. I went down to the navy office to have them cast up. I had them, with the notes mention'd, in a canvas-bag. I had lent the prisoner 4 l. to take him out of a spunging-house, and I call'd upon him to see if he could pay me, either the whole or part of it; going cross Tower-hill, we met with Archibald Glass ; we went in at the sign of the 13 Cantoons on Tower hill. I show'd the tickets to Glass, one by one.

Q. How came you to take them out to show to him?

Morris. I did it at the desire of the prisoner. He said to me, as you are a stranger to this navy-affair, if you will show them to my friend, he'll let you know whether they are good or bad (I had never seen any seamen's tickets before I had these) one of them cost me 46 l. and upwards. The prisoner, instead of paying me my money, he dilly-dally'd me about from place to place.

Q. When was this?

Morris. This was on the 2d of Decemb. 1756; he desired me to go to John Hambleton's, at the Black-boy at the Hermitage; he said, he would treat me there, so he, I, and Glass went there.

Q. Had you your bag of papers when you went in there?

Morris. I had, very safe; I was very suspicious of the prisoner, for he would always be on that side me where I had them, and I thought he had some design of taking them from me; it was about four o'clock when I went there, and I continued there till half an hour after ten. Then I said, Mr. Anderson, can you give me any money? he said, he could not that night; we call'd the reckoning; I had observ'd the prisoner to take Glass out, to talk together several times at the door for four or five minutes; at the time I kept my hand on my bag of papers, the prisoner's wife came and inquired after him; Glass said to me, pray is your name Morris? I said, yes; (I had never seen him before) he said, will you give Mr. Anderson a receipt for all debts, dues, and demands; I said, who set you on to ask this, why should I do that, when he owes me 4 l. We parted, and I did not miss my bag of papers till next morning, at about seven o'clock.

Q. Can you give an account where you lost them?

Morris. I am very sure I lost them at going down the steps from the door, or in that house, but I believe in going down the steps; I went to the prisoner's house upon missing them; I ask'd him, if he knew any thing of them; he said, Mr. Morris, you have not lost them; somebody has play'd the rogue with them, you'll have them again; I said, I beg for Christ's sake you would help me to them; then he said, I know nothing of them. On the 11th of February last I heard two of them were paid; one was in the hands of Mr. Joseph Murrey , that is, that of John Nodes 's, pawn'd by the prisoner at the bar for 12 l. 2 s. 6 d. the next day I went to the goal to the prisoner; he told me, another ticket was in pawn to Mr. Miles Row for 6 guineas.

Q. Where was the prisoner then?

Morris. He was then in Gosport bridewell; the prisoner own'd he pawn'd that to Mr. Murrey, and Mr. Murrey delivered it to Anderson, and Anderson to me.

Q. When was this?

Morris. This was on the 23d of April last; the third I found with Mr. William Humbley pawn'd for 48 s. and 10 d. the name of that ticket was Alexander Ubly ; the prisoner said, he did not remember he had taken one, but if he had he had lost it, and he would be accountable to me for the money. The others are all paid; Anderson own'd to me, he had receiv'd the money for them. I apprehended the prisoner on the 22d of April, with my lord Mansfield's warrant, at Gosport; the prisoner never own'd to having the notes of hand.

Q. from Prisoner. Whether I did not give you a note for 4 l. for the use of them, and they were put into my hands by your consent?

Morris. No; he gave me a note of hand for a note that was lost among the papers, but not on any such condition as he would insinuate. I lost more notes than these laid in the indictment; here is a person in court that saw that note wrote.

Prisoner. I acknowledge I came out at the door five or six times to talk to Mr. Glass; I would ask him, why he call'd for two tankards of beer at one time for?

Morris. I don't know that I did.

Prisoner. It was on purpose that I should take the silver tankard away, and leave the pewter one in its place; the silver tankard was not mark'd.

Court. How could you leave one tankard in the room of two?

William Ubly . (he takes a seaman's ticket in his hand) This to Alexander Petery ; I receiv'd this ticket of the prisoner at the bar.

Q. When?

Ubly. About two years and a half ago, in the payment of a debt he owed me, 2 l. 8 s. 10 d.

Q. to Morris. Look at this ticket.

Morris. (he takes it in his hand) This is one of the tickets which I lost; it is for the Royal George. Here are the other two which I have got again. They three are worth about 70 l.

Prisoner. I did leave that note with Mr. Ubly for some security for what I ow'd him; I told him I would take it again.

Alexander Smith . I receiv'd a ticket of the prisoner at the bar.

Q. What was the name of that ticket?

Smith. I can't remember the man's name. I gave him 3 l. 8 s. for it.

Q. When?

Smith. On the 14th of April, 1757.

Q. What did you do with that ticket?

Smith. I gave it to Mr. Mould.

Mr. Mould. I receiv'd a ticket of Mr. Smith, I can't tell whose it was.

Q. What did you do with it?

Mould. I gave it to Mr. Charley at the navy-office, and receiv'd the money of him, and gave him a receipt for it.

Q. Should you know it again?

Mould. I should.

Q. What is Mr. Charley?

Mould. He is a clerk in the navy office.

Alexander Charley. I remember paying Mr. Mould for a ticket.

Q. What was the name?

Charley. It was John Patterson of the Royal George, for 3 l. 10 s. 6 d.

Q. Look at these three tickets.

Charley. (He takes them in his hand.) These are three seamen's tickets.

Q. Look on any one of them; tell the name and the sum.

Charley. I suppose these are cast up, but whether by people in the office or not, I do not know.

Q. What is your method of casting them up?

Charley. They are cast up by three people.

Q. Can you with any certainty tell how much is due on any one of them?

Charley. I can in some little time; but there is no ascertaining the exact sum of these tickets; there may be something more upon the books than on these tickets.

Q. If you buy a seaman's ticket, are you certain of any particular sum?

Charley. No, I am not, but I take it according to what may appear to me upon the book, when the account is made up, the ticket is not a determin'd account of any certain sum of money.

Q. Look upon the ticket, William Lawson .

Charley. (He takes it in his hand.)

Q. Is that ticket worth any thing upon the face of it?

Charley. It cannot be said to be worth any thing till it comes to be cast up, and comes for payment; they pay to the chest at Chatham is a month, and to Greenwich hospital 6 d. per month; there are four officers sign the ticket, the captain, the master, the purser, and the boatswain; there should be an account of what he is indebted to the ship's book.

Q. Can a man go to the navy office, and ask for his wages, without producing a ticket?

Charley. No, he cannot.

Q Whether, from the uncertainty of the instrument, it is such a warrant for the payment of money, as the act of parliament mentions, are you prepared to give in evidence how much is exactly due on this ticket?

Charley. No; there are five books delivered in, before the ticket can be paid; they are all produced at the pay-table together, and all to correspond when the ticket is examined; till the time of payment, it can never be exactly known what is the value to be receiv'd. A ticket may be brought to the office, when the materials are not there to examine it by.

Q. Then you can't with no certainty tell what is due on any of these three tickets.

Charley. No, nobody can tell without the ship's pay-books.

Court. Then those can be no warrants for the payment of any certain sums of money.

Acquitted .

* See No 264. in last paper.

303. (M.) William Pilmore , was indicted for stealing one stuff gown, value 6 d. one white petticoat, value 1 s. one pair of cotton stockings, value 1 s. one pair of stuff shoes, value 3 s. two colour'd aprons, one white apron, the property of Elizabeth Murrell ; two linnen shirts, one pair of cotton stockings, one pair of worstead stockings, and one pocket-book , the property of William Price . Oct. 8 . +

Elizabeth Murrell . On the 7th of this month I was going to a lodging; I had some things that were loosish tied up in a bundle; I call'd to see Mr Price, it rained very hard; he desired me to stay all night; the prisoner at the bar lodg'd there; he took my things, and put them into Mr. Price's room.

Q. Where was this?

E. Murrell. At the Barley-mow in Milford lane, facing St. Mildred's church ; the prisoner desired me to leave the key of the room with him, saying, perhaps he might want to go to bed before Mr. Price came home; and I left the key with him, and went to Mr. Price, and he and I came back in the evening; when I came back the door was open, and Mr. Price's things and mine were gone.

Q. What did you lose?

E. Murrell. I lost a stuff gown, a white callaco quilted petticoat, a pair of cotton stockings, a pair of stuff shoes, two colour'd aprons, a white apron, and several other things not mentioned in the indictment.

Q. Did you ever meet with them again?

E. Murrell. I found them all again; I took the prisoner before justice Welch the next morning, there he confess'd the taking them, and sent his father and John Rowell to fetch them again, and they brought them again, only he had left two of my aprons at the Green Dragon.

Q. Where had he carried your other things?

E. Murrell. I do not know.

Q. What is the prisoner?

E. Murrell. He is a waiter, I believe.

Q Where did he say he took the things from?

E. Murrell. He own'd he took them from out of Mr. Price's lodgings.

William Price . I lodge at the Barley-mow in Milford lane; the prisoner lodg'd there with me; we took the lodging together, and were to give two shillings a week for the room. The day before those things were lost Elizabeth Murrell came with a bundle, and it rain'd, and we persuaded her to stay all night; she staid all night, having an acquaintance in the house; I went to Hungerford Market, and there staid the evening; between eight and nine she came to me; I came home with her about eleven; I miss'd out of the room two shifts, two neckcloths, two pair of stockings, one pocket-book, and a colour'd handkerchief; the prisoner, upon being charg'd with taking them, own'd he did, and sent his father and John Rowell for them; he own'd he took her things and mine all together; my white waistcoat he has pawned, his father since has brought it to me.

Prisoner. Please to enquire into that fellow's character; how he has lived for four years past, he has done nothing for a living but kept a Bawdy-house.

John Rowell . I know the prisoner to be a very honest young fellow, as any in England; I was with him before the justice; I went with his father, and we found two bundles at the Faulcon the corner of Gough's-square.

Q What is the prisoner?

Rowell. I believe the last place he lived at was the Three Tuns in New street; (the goods produc'd in court, and depos'd to by their respective owners)

Prisoner's Defence.

Ask Mr. Price, if he thinks I took these things away with intent to keep them. We had been together all night; Mrs. Murrell lay along with Mr. Price and I, four or five nights running; and Mr. Price went out, and she said, she was going to him, and I went up stairs, and hid those things to frighten them, but not with intent to take them away; please to ask Rowell their characters.

Q. to Rowell. What is Murrell's character?

Rowell. I know nothing of the woman's character; she is a stranger to me.

Q. How long have you known Price?

Rowell. I have known him some time.

Q. What is he?

Rowell. I believe he is a waiter, but I never knew him in business; when I lived at Tumble-down-dicks, in the Borough, I happened to come acquainted with him.

Q. How long have you known the prisoner?

Rowell. He lived in place where I have; I never heard that he wrong'd any one.

Q. What is his character?

Rowell. I can't answer for the character of him, or Mr. Price. I know the prisoner to be a worthy, good-natured, civil young fellow.

Isaac Pooley . I have known the prisoner about three or four months.

Q What is his character?

Pooley. All that I know of him is, I keep a public house, he has used my house several times; I always saw he behaved well, is all I have to say of him.

Q. Do you know any thing of Price's character?

Pooley. I suppose he is a notorious Bawdy house keeper.

Q. Where did he ever keep a house?

Pooley. He kept one in Silver street, and in New street, both notorious bawdy-houses; he has always appear'd a man of a very bad character.

Q Do you know any thing of Murrell's character?

Pooley. No, I do not.

Thomas Carrol . I have known the prisoner about three years.

Q. What is his general character?

Carrol. His character is very clear and fair.

Q. Do you know Price?

Carrol. I have known him very near two years.

Q. What is his character?

Carrol. He has a very barefac'd, infamous character, by all that ever I could hear; he had a pretended wife, he and she us'd to use my house.

Q. Do you know any thing of Murrell?

Carrol. I know nothing of her.

Joseph Bowman . I have known the prisoner between three and four years; I always took him to be a very honest man.

Q. Do you know Price?

Bowman. I did a few years ago; he waited at White Conduit House, he was turn'd away for -

Q. You are to say what is his general character, without entering into particulars.

Bowman. Upon my oath I never heard any good of Price.

Cha. Green. I have known the prisoner about four or five months.

Q. What is his character?

Green. I know nothing bad of him; he us'd to use a house that I liv'd at; he was a waiter in the Borough, but I can't remember the place.

Q. Where do you live?

Green. I live at the Crown and Anchor, White Friars, Fleet-street.

Q. Where did the prisoner live?

Green. I can't name any place.

Q. Do you know Price?

Green. I do; he has kept a house in Silver-street, and another in great New-street.

Q. What is his character?

Green. His character was very bad at that time; they were what they call disorderly houses.

William Griffin . I have known the prisoner six years, or more.

Q. What is his character?

Griffin. His character since I knew him was very good; he at this time was out of place, when taken up; he had lived at the three Tuns in New street, Shoe lane.

Q. How long did he live there?

Griffin I believe he lived there between three and four months.

Q. Do you know Price?

Griffin. I don't know much of him; his character by all Accounts, is very bad; I have lent the prisoner money and things, and he always paid me again.

Q. What are you?

Griffin. I am a waiter.

Q. Where do you live?

Griffin. I lived at the Angel and Crown tavern, White Chapel, six years.

Acquitted .

304. (M.) Isabella Patterson, spinster , otherwise Isabella Anderson, spinster, otherwise Isdal , was indicted for stealing one silver watch, value 20 s. one linnen waistcoat, value 10 d. and 9 s. in money, number'd , the property of Thomas Kircaldy , Oct. 4 . +

The witnesses were examined apart at the desire of the prisoner.

Thomas Kircaldy . As I was going home on the saturday in the evening, after receiving my wages.

Q. What saturday?

Kircaldy. The 4th of this month; I being acquainted with the woman at the bar, and I was in company with her in her own house.

Q. Where is that?

Kircaldy. It is in George court, East Smithfield .

Q. What money had you about you?

Kircaldy. I had 13 s. and odd; I lost 9 s. and upwards; I found my waistcoat on her bed, and she own'd to me, that she sold my watch.

Q How did she say she came by it?

Kircaldy. She said, I gave it her; but that was false.

Q. Where did she say she sold the watch?

Kircaldy. She said, she sold it to Mr. Harding in the Minories; I ask'd him about it, and he says he has sold it.

Q. Was you in liquor?

Kircaldy. I was a little in liquor when I went in.

Q. Are you sure you did not give the prisoner your watch?

Kircaldy. I am sure I did not.

Q. Might not you leave your waistcoat on her bed?

Kircaldy. I cannot positively say as to that; but she denied at justice Fielding's, that she ever knew me.

Q. When did you miss your things?

Kircaldy. I never miss'd my watch and money till after I went away.

Q Was any other person in her room besides she and you?

Kircaldy. No, no other person; I have got my watch chain again.

Q. Where did you meet with that?

Kircaldy. It was found in the same house she lives in.

Q. Does she keep a public or a private house?

Kircaldy. It has not been very private, it is a private house, public for all comers; the landlord of the house delivered the chain to me.

Q. What is his name?

Kircaldy. His name is Callagan.

Mary Wilson . I did live with the woman at the bar for some trifle of time; on a saturday night this man came; she and I had a few words, and I went and lay at another house; she came in the morning, and said, Polley come down; I was sleepy (we had had a pot of purl to dinner) said she, if you will make me a note of hand, I have got a tatler; I said, what is that? she said, it is a watch; she drew it out, there was a steel chain hanging to it; she said it was a Portuguese's; and that he had had a bad distemper, and she had him in cute. She took me up in the Minories, and sold it to Mr. Harding, a silversmith; I saw her sell it.

Q. Do you know whether it belong'd to the prosecutor?

M. Wilson. I can take my oath to the chain, that has since been found; she throw'd that away, and took the string from her neck, and put on the watch (the chain produced) - (she takes it in her hand) I will take my oath this is the same chain.

Mary Gilling . The prosecutor went up into the room; he saw a waistcoat lying on the bed, he took it, and deliver'd it to me. I have no farther to say.

Jacob Warey . I think the 10th of October I was charg'd with the prisoner; she was committed for further examination. She told me, she had taken a watch, the property of Thomas Kircaldy , and if he would have been willing to have staid till she could make up the money, he should have it again, if he would not have prosecuted her.

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

Warey. She said, she had sold it to Mr. Harding for a guinea, and four shillings.

Patrick Callagan . This chain, key, and seal, I found last saturday in my room. (producing them)

Q. Is your room above or below the prisoner's room?

Callagan. Her room is above mine, and there are holes in the floor, where she might let this drop into mine.

Q to Prosecutor. Look at this chain, key, and seal

Prosecutor. (he takes them in his hand) These are my property; these I lost with my watch.

Mr. Harding. I bought a watch of a Portuguese; I bought none of the prisoner.

Q Was the prisoner with him?

Harding. There were two women, the prisoner was one of them.

Prisoner's Defence.

Please you, my lord, this man says he was in my apartment on saturday night; that woman can witness I had Charles Carter in bed with me all that night; I went out for a quartern of liquor in the morning; he follow'd me home, and gave me 6 d. for a dram; he insisted upon lying on my bed, and my going to bed with him; I said, I would not lie down without money, and told him, I had my rent to pay; I would have money, or money's worth. He propos'd to come on the sunday night, but never came again till he took me up, and charg'd me with the watch and money. The man gave me the watch to go to pawn; there were none but he and I together: as to people to my character, I do not love to trouble any body with my character. I own he gave me the watch, and I did sell it to Mr. Harding.

Court. Mr. Harding says, he bought it of a Portuguese,

Prisoner. I myself sold it to him.

Guilty .

[Transportation. See summary.]

305. (M.) Anthonio de Silva , was indicted; for that Joseph Bennet , not taken, on the 26th of September , on Christopher Toole , with a certain knife made of iron and steel, value 1 d. which he had, and held in his right hand, feloniously, wilfully, and of malice aforethought, did strike and thrust, giving to the said Christopher, on the right side of the belly, between, the 4th and 5th ribs, one mortal wound, depth two inches and a half, and breadth one inch, whereof he instantly died; and that he the said Silva, at the time of the felony and murder being committed, was present helping, abetting, assisting, and comforting the said Bennet, in the murder, to commit and do .

The prisoner being a foreigner, was, at his request, tried by a jury of half foreigners. +

Isaac Rosa de Ville was sworn interpreter.

Sarah Murry . Christopher Toole happened to come in at the Black-boy on Salt-petre bank, near Rosemary-lane . The prisoner, Joseph Bennet , and one Emanuel, an outlandishman, all came in; Christopher Toole happened to shove against Anthonio's mouth, and break his pipe, and then he knocked the hat off of Joseph Bennet 's head.

Q. Did Toole break the pipe on purpose?

Murry. I do not know, but I believe he did; then Silva pushed him; then they went out of the house, and Christopher Toole went out afterwards; then Joseph Bennet knocked Toole down in the street; then Silva pull'd out a knife, and clap'd it to his breast; then I saw a cut come cross Toole's arm, and I call'd out murder directly.

Q. Did you see any wound, or blood?

S. Murry. No, I did not; he did not drop directly. Toole pull'd himself back, and cry'd, oh! then he came in and said, O Tom, I am dead, and sat down.

Q. Who gave the wound?

S. Murry. I do not know who did it, whether Bennet or Silva. I saw Silva cut at him on the wrist, and I saw him put his knife to his breast.

Q. Where did he take his knife from?

S. Murry. He took it from his right-side pocket.

Q. Was he cut cross the wrist?

S. Murry. He was; he sat down in a chair, and died in about five minutes.

Q. At the time he broke Silva's pipe, did he run against him?

S. Murry. He was in liquor, and push'd against

him in joak or play; they d - d im, and me d - d the Portuguese.

Q. Did you see Toole strike the Portuguet in the house?

S. Murry. No, I did not; but I saw him O it in the street.

Q. Had he any instrument?

S. Murry. It was with an oak stick over his head.

Q. Was it a hard blow?

S. Murry. I cannot say whether it was a hard blow or not.

Q. What size was the stick?

S. Murry. Not a very large, or a very small one. I have known the prisoner eight months; he can talk English as well as I can.

Mary Clark . After Joseph Bennet came out of Elizabeth Bill 's house, the deceased struck him on the head; Bennet took his knife out of his right-hand pocket, and stuck him in his side.

Q. Where was Silva then?

M. Clark. Anthonio de Silva was then standing at the door.

Q. to S. Murry. Are you sure Silva cut the deceased with a knife?

S. Murry. I saw Silva take out the knife, and cut him cross the wrist.

Q. Did you see a knife in Bennet's hand?

S. Murry. I saw no knife that Bennet had.

Q. to M. Clark. On what part did the deceased strike Joseph Bennet ?

M. Clark. He struck him over the head; Bennet put a Dutch cap on, and came out at the back-door, and so did the deceased, and he up with his stick and struck Bennet over the head?

Q. Did you see the deceased strike Silva?

M. Clark. No, I did not; I saw Bennet stab the deceased, then I call'd out murder directly. I never saw Sil va near the deceased, any farther than in the public house, when the pipe was broke. Murry had hold of Toole's arm when he was kill'd.

Q. Which arm had she hold on?

M. Clark. She had her right arm to his left arm; they were both of them very much in liquor, both she and the deceased; the publican turn'd them both out at the door.

Q. to S. Murry. Was you in liquor at that time?

S. Murry. I was not so much, but I can remember it well.

Thomas Pooley . I was going to my work.

Q. What is your business?

Pooley. I am a glass-maker; I go to work between six and seven morning and evening. I have been lame. I sat down, and desired a boy to go into a public house about 20 or 30 yards distance; I saw two men and two women; Mary Clark was one of the women, the other I did not know. I heard a man say, Lord have mercy on me. He came double, and went into Mrs. Cusack's house; I made haste and went there, but the house was full of people; they said the man was murdered.

Q. Do you know who did it?

Pooley. I do not; I saw a man in white trowsers run away from the deceased, and run down the bank as hard as he could.

Q. Do you know who that man was that run away?

Pooley. I do not.

Q. Did you know the prisoner?

Pooley. I have known him six or seven months.

Q. If you had seen him then should you have known him?

Pooley. I believe I should.

Q Was Clark sober, or in liquor.

Pooley. I took them all to be fuddled, except Mary Clark ; I saw her just after, I don't think she was fuddled; but I did not take much notice, at first seeing them; I can say no other, than that I saw the man alive and dead in about ten minutes, or a quarter of an hour.

Catharine Warder . I heard there was murder done upon Salt-petre-bank. Bennet came to my house for his hat; I said, Bennet, there was a great uproar upon Salt-petre-bank, you was among them, to the best of my memory; these were his words, I stick'd. I said, Joe, go out of my house, go; go. said he.

Q. Was he a foreigner?

C. Warder. He was.

Q From his words, what did you understand he meant?

C. Warder. I thought he meant he stuck the man.

Q Did you hear Silva say any thing?

C. Warder. I did not hear him speak a word; I was not there, I was in Nightingale-lane.

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 22d, Thursday the 23d, and Friday the 24th, of OCTOBER,

In the Thirty-third Year of His MAJESTY'S Reign. NUMBER VIII. PART II. for the YEAR 1760. Being the Eighth 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.

CATHARINE CUSACK . The deceased came in and said, O Lord, Tom, I believe I am kill'd.

Q. Did he say who kill'd him?

C. Cusack. He had not the power to tell that.

Q. Did you hear any quarrel or noise in the street?

C. Cusack. No.

Q. Did you see Silva?

C. Cusack. I know nothing of it, but heard them talking of Bennet when Murry came in; a man said, good girl, do you know who kill'd this man? she said, I do, it was Anthonio.

Elizabeth Bill . I was sick in bed when this was done; I know nothing at all of it. I got up and went down to Salt-petre-bank; the man at the bar said, he had done that that he was afraid of.

Prisoner. I said I was afraid, because the other had committed a murder.

E. Bill. He said he had done it, and he was afraid, but did not say what.

Thomas Maxwell . The deceased came in and said, Tom, my dear, I am a dead man.

Q. Did he tell you who did it?

Maxwell. He told me, the man with the white trowsers had done it; and he had knock'd the pipe out of his mouth; the people told him it was Joe Bennet ; that is, the people of the house said so. Sall Murry came in and said to me, Tom, they are murdering him without; then he came in immediately, and said, O Lord God, I am murdered; I said, by who; he said, by a Portuguese.

Q. Was Bennet a Portuguese?

Maxwell. I did not know either of them. I went and overtook Bennet, and struck him on his head and back with a stick.

Q. What sort of trowsers had he on?

Maxwell. He had white trowsers on. I knocked him down, and two more of them fell upon me, at the end of the bank, and he got away from me.

Q. Did you see the prisoner at the bar?

Maxwell. Yes, I did.

Q. Had he white trowsers on?

Maxwell. No, he had not.

Q. Where did you see him?

Maxwell. He was in a shop where they sell bread, and things.

Q. Did you hear Silva own any thing?

Maxwell. No, I was drinking with Christopher Toole , when the pipe was knock'd out of his mouth; but I can't say whether it was the prisoner, or the other that did it.

Q. to Mary Clark . How were Silva and Bennet dress'd.

M. Clark. Bennet had a pair of white trowsers, and a blue pea jacket on; and the prisoner had no trowsers at all on him.

Q. Was Bennet a Portuguese?

M. Clark. He was.

Prisoner's Defence.

I never had no words with the deceased man; I never did any harm to him, nor never saw any harm done by him; there is a woman out at the door, her name is Wright. she will swear the truth. Joseph did the murder.

She was call'd, but did not answer.

Oliver Smith . I heard Murry examined before the coroner.

Q Did you see her sign her deposition.

Smith. I did; she laid it upon both Bennet and the prisoner.

Joseph Roderege . Joseph Bennet came to me, and said, give me >my hat, because I have committed a murder, and I will run away. I gave him his hat, and never saw him any more.

Acquitted .

306. (M.) John Hughes , was indicted; for that he, on the 17th of April , between the hours of eleven and three in the night, the dwelling-house of Bamber Gascoyne , Esq ; did break and enter, and stole 11 holland shirts, value 20 l. 15 cambric handkerchiefs, value 12 l. five pair of linnen sheets, two linnen table cloths, seven holland shifts, six linnen caps, five cambric caps, two lawn aprons, one dimity petticoat, one child's coat, one holland frock, one holland child's shifting, two neckcloths, 36 linnen rubers, and six towels, the goods of the said Bamber Gascoyne, Esq; one linnen gown, two linnen handkerchiefs, the property of Elizabeth Stevens ; four linnen aprons, and one holland shift, the property of Sarah Formerson ; two linnen handkerchiefs, one linnen shift, the property of Elizabeth Howard ; one linnen gown, nine linnen shifts, 15 pair of linnen sleeves, the property of Fra Richardson ; and other goods, the property of Elizabeth Hutchinson , in the dwelling-house of Bamber Gascoyne, Esq ; +

Bamber Gascoyne, Esq; At the time of the robbery being committed. I was not in London; but when the prisoner at the bar was taken. I had word brought me in the country part of my goods were found upon him. I had a letter from Mr. Fielding, whose activity was great in it; he had some things brought before him my property, and I had set it forth 20 l. reward.

Q. How was your house broke open?

Gascoyne. My stable has a communication with the dwelling house by an arch; the place was broke where my postilion and coachman both lie when in town. I came up, and found the prisoner's wife was committed, and to be transported for another offence, (see No 232. in his mayoralty) and he was to be tried for his life for felony, but it was brought under value, and he was to be transported. I went to look at him, and had him before me at the goal-keeper's house.

Q. When was that?

Gascoyne. It was some time in September; I charged him with this robbery. His wife having these goods found upon her, and he was taken up with a number of picklock keys upon him (see his trial. No 275 in last Session's paper) the were such, that no lock could be safe where they came. I try'd to move him to give me an account, as it was a very particular robbery, thro' a laundry and places; after a most hardened manner he said, if I would give it him under my hand to get him to be made an evidence, he would. I told him, the law would not admit such a thing, but if I could get it I would; I observed he had a very fine shirt on. The wrist-bands were new put on, and very coarse, and very bad: I imagin'd it was mine; he laughed, and said, it was given him by a person in Cheshire four years ago. I made him strip; when I came to examine it, I observ'd; it having been used in hunting, was oblig'd to be mended. I knew it to be my shirt; I sent my laundry-maid to the keeper, and desired him to deliver it to her, and let the prisoner have any thing else to put on, which he did; as soon as my servant brought it in, she said it was my shirt; and upon her showing me, I saw upon the gusset the letters B. G. where they had been pick'd out, so that I am certain it is mine; the next morning I went to the goal again, in hopes to find him in a better humour; he still remained in the story, that it was given him; I said, I had it in my house on the 16th of April; he said, he had had it two years, and abus'd me again, for swearing to an old shirt, then he fell to one year; still I told him, it was in my possession at that time; I advis'd him to tell me where my things were; and do me justice; still he was extremely harden'd; then he told me, his wife could tell me. She was on board a transport ship; I got her from the ship; she gave-full and ample confession of the whole robbery, and by that I found my things in the pawnbrokers hands almost all over London. One of the women mention'd in the indictment, lost goods to the value of about 30 l. mine amounted to about 200 l. All my servants are here to prove the fastening of my doors, and that it was my shirt which the prisoner had on and the other things pawned at different pawnbrokers.

William Aldridge . I am Mr. Gascoyne's servant; I was in town when he was out, on the 18th of April, between six and seven in the morning; I first found the inward door open, we went a little farther.

Q. Was the door broke?

Aldridge. No, I believe it had been opened by false keys; it was unlocked, we went into the house, and found the door partly open; then we went and found the next door open; so that we imagined they came in by false keys that way, by the coach-house, I had seen cloths in the laundry over night, the next morning they were part gone.

Q. Where is the laundry?

Aldridge. That is over the kitchen, the kitchen is under ground, the stable is level with the laundry; they came from the coach-house to the stable, from the stable to the laundry, and from thence to the house.

Elizabeth Hutchenson . I am, chamber-maid to Mr. Gascoyne; in April last, about the 17th, I was washing and ironing cloths; we had a great quanity of all sorts of linnen, some ironed, and some not.

Q. What time did you go to bed?

E. Hutchenson. I went to bed, a little before eleven o'clock.

Q. Did you all go to bed at that time?

E. Hutchenson. We did, and the doors were all made fast; we tried them all before we went to bed, except the door betwixt the laundry and the coachhouse.

Q. Were any of the stable servants in the house at that time?

E. Hutchenson. No, none of them; the next morning we miss'd the things mentioned in the indictment. (a shirt produced)

Q to Mr. Gascoyne. Look at this shirt.

Mr. Gascoyne. This is the shirt I had taken from off the prisoner's back.

Q. to Mrs. Hutchenson. Whose shirt is this?

Mrs. Hutchenson. This is Mr. Gascoyne's shirt.

Prisoner. That shirt has been washed about 40 times.

Q. to Mrs. Hutchenson. Tell the jury why you believe it to be his property.

Mrs. Hutchenson. Here is B. G. and a figure 14 on it, and my own work about it, that is, a piece on the side.

Q. When a mark is pick'd out, is it possible to know what that mark has been?

Mrs. Hutchenson. The mark of the needle remains.

Q. Will that never wear out?

Mrs. Hutchenson. No. (she puts a pin to the place, the jury inspect it, and find it visible)

Mrs. Hutchenson. This shirt was taken out of the laundry, amongst the rest that night.

Prisoner's Defence.

My wife bought and sold old cloths; she had taken it in her head to elope several times, and run away from me; she has taken my own cloths, and pawn'd them; and this shirt that I had on, and others, whether they were stole or not I cannot tell; she us'd to buy all the shirts I had; she kept company with other people for six or seven years, and pawn'd things in the name of Williams; I have for eight or ten years got my living by breaking horses, and nick and crop them.

For the Prisoner.

James Comer . The prisoner's wife ran away from him.

Q. What was her way of life?

Comer. He says, she sold old cloths.

Q. Do you know that to be her employ?

Comer. I did not see her sell them.

Q. Where do you live?

Comer. I live in Featherstone-court, St. Luke's parish.

Q. How long have you known the prisoner?

Comer. I have known him 17 years, and upwards.

Q. What is his character?

Comer. I never heard any thing amiss of him, I never heard him suspected of any kind of crime before now.

Q. Did you ever give him a character before?

Comer. No.

Q. What are you?

Comer. I am an embosser.

Q. What is that?

Comer. It is a printer of woollen.

Jane Nowel . The prisoner's wife ran away from him.

Q. How do you know that?

J. Nowel. I was told so; on the 11th of October, I delivered to him a writ.

Q Do you know it of your own knowledge?

J. Nowel. She came, and begg'd of me to let her lodge with me; I persuaded her to go home.

Q. How long have you known the prisoner?

J. Nowel. I have known him eleven years.

Q. Do you know of his wife dealing in old cloths?

J. Nowel. I never knew that she did.

Q. What is the prisoner's character?

J. Nowel. He bears a very just character.

Q. What is your business?

J. Nowel. I kept a cheesemonger's shop when I first knew him. I keep a public-house now; he always paid me.

Q. Do you not know of the prisoner being tried before?

J. Nowel. No; I never knew he was in trouble till within this three weeks.

Guilty of Felony only .

[Transportation. See summary.]

307. (M.) Patric Mc Carty, otherwise Carty , was indicted; for that he, not having the fear of God before his eyes, but being moved by the instigation of the devil, on the 11th of Oct . on William Talbot , and the peace of our Lord the King, did make an assault, with a certain knife made of iron and steel, value 2 d. which he had and held in his right hand, William Talbot on the left side of the body, near the left breast, did willfully, and of malice aforethought, strike and stab. (the said William having no weapon drawn, nor having first struck him) giving to him the said William one mortal wound, depth six inches, breadth three quarters of an inch, by which mortal wound the said William Talbot did instantly die .

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

Richard Faulkner . I knew William Talbot .

Q. What was he?

Faulkner. He was an officer belonging to the Marshalsea court .

Q. Did he belong to any other court?

Faulkner. He was also an officer at the palace court , I delivered to him a writ on the 11th of October, against Mc Carty, the prisoner at the bar.

Q. At what time of the day?

Faulkner. About nine in the morning.

Q. At whose suit was it?

Faulkner. It was at the suit of Nicholas Lenon , for 4 l and upwards.

Q. What kind of a writ was it?

Faulkner. It was a writ of execution.

Q. Where is it?

Faulkner. Thomas James has got it.

Cross Examination.

Q. Can you tell how the officers of the palace court are appointed?

Faulkner. No.

Q. How do you know he was an officer of that court?

Faulkner. Because I have seen him several times serve writs.

Q. Are you sure this was a writ of execution?

Faulkner I am very sure it was.

Q. Do you know any thing of any capias before that?

Faulkner. I do not.

Q. Look at this writ.

Faulkner. (he takes it in his hand) I deliver'd the old writ to Talbot, and he renewed it; this is not the writ I delivered to him.

Nicholas Lenon . I knew Talbot the officer.

Q. Look at this writ.

Lenon (he takes it in his hand) I know Talbot had this writ in his custody.

Q. How came he by it?

Lenon. I gave it him.

Q. When?

Lenon. On saturday was sevennight.

Q. What day of the month was that?

Lenon. I think the 11th.

Q. What time of the day?

Lenon. Between the hours of eight and ten in the morning.

Q. Who was this writ against?

Lenon. Against the prisoner Mc Carty.

Q. At whose suit?

Lenon. At my suit.

Cross Examination.

Q. How do you know that was the writ you gave him?

Lenon. I paid for the renewing of a writ that day.

Q. Did you read it over?

Lenon. I did.

Q. What was Talbot?

Lenon. He was on officer of the Marshalsea court.

Q. Are you sure of that?

Lenon. He had the reputation of being one.

Q. What was this writ for?

Lenon. It was to carry on a suit against the prisoner.

Dennis Commings . I keep the king's Head, at the corner of Prince's street, Drury-lane.

Q. Do you know what profession Talbot was of?

Commings. No, I did not, till after he came into my house; they came in, and call'd for a tankard of beer; I brought it.

Q. Did you hear any talk between him and the prisoner at the bar?

Commings. I did.

Q. What was it?

Commings. Mc Carty told him, if he would stay there five minutes he would come back and pay the money; or if he would go with him as far as Standup street, he would pay him. Talbot said, he might as well pay him then; they both went out together, and came back again.

Q. When they came back again, was there any dispute between them?

Commings. In about two minutes after they had left the house, there were four or five more laid hold of Mr. Mc Carty, and they came back again; they two, and three or four more, came into the tap room, and when they came by the bar, he desired them to loose him; and said, he would not be held by a parcel of Thieves, or to that purpose; he then walked up to the upper end of the room, and in the twinkling of an eye they all flew.

Q. What did they fly for?

Commings. I believe it was upon seeing a naked knife.

Q. Did you see the knife?

Commings. I Did.

Q. Did Talbot go with him to the upper end of the room?

Commings. I believe he did.

Q. Did you see the stroke?

Commings. No, I did not.

Q. Did you see Talbot after he was wounded?

Commings. I did.

Q. How long was it after they were gone to the upper end of the room, that he was wounded?

Commings. I believe it was in less than a minute after; they were all in the room at that time.

Q. Did any of the others follow them to the upper end of the room?

Commings. I don't know but some did.

Q. Did you see the knife before he was wounded, or after?

Commings. I believe he was wounded before I saw the knife.

Q. Did it appear bloody?

Commings. I can't tell whether it was or not.

Q. Did you see Mc Carty after that?

Commings. No.

Q. How long did the deceased live after you saw the knife?

Commings. I believe he lived about three minutes; he clapp'd his hand upon his side, and desired me to send for a surgeon; I believe he had receiv'd his death; he said, I believe I am done for, or something to that effect.

Q. Did he say by who?

Commings. No, he did not.

Q. What became of the other men after this?

Commings. They all ran out into the street, after Talbot was struck.

Cross Examination.

Q. How many had hold of the prisoner in the street?

Commings. I saw four or five had hold of him.

Q. Had Talbot hold on him?

Commings. I cannot say whether he had or not; I heard the prisoner ask, if they had any thing against him?

Q. Do you know the people that had hold of him?

Commings. I do some of them.

Basel Fielding Palmer. I saw William Talbot at four o'clock that afternoon at this evidence's house.

Q. What was Talbot?

Palmer. He was an officer of the King's Palace court.

Q. How long had he been an officer at that court.

Palmer. He had been for two or three years.

Q. Who was he in company with when you saw him?

Palmer. He was in company with the prisoner at the bar.

Q. How did they come in company?

Palmer. I can't tell that, I saw them at the King's head door, Prince's street, Drury lane. Talbot advanced some yards towards Drury lane to me, and told me, he had arrested the prisoner at the bar; and desired I would fetch all the officer; I could from the sun. I went and fetched Thomas James , William Shepherd , Peter King , and William Powell ; they went with me along Russel street to the King's head; we saw Mr. Mc Carty at the King's head, Prince's street; then I went by Mc Carty; the deceased came to him, and leaned over his shoulder, and told Mr. Mc Carty, there was an execution against him; then they laid hold of Mr. Mc Carty's hands.

Q. When he put his hand upon Mc Carty's shoulder, where were they?

Palmer. They were in Prince's street, over against the scowerers, next door to the King's head. We came round, and Thomas James was going to search him, because he was a dangerous man, and had often threatened to kill the officers. In going to search him, Talbot said, do not search him, for he will pay me the debt and cost; it was not very much above 4 l. 4 s. they were afraid he had got pistols about him; they found nothing in searching his outside cloths; and as they were going down lower to search, Talbot desired them to desist, and not to trouble themselves more. Then they went in at the King's head; Mc Carty went in first, and Talbot after, and we after him.

Q. At which door did they go in at, it seems there are two?

Palmer. At the Drury lane door; Talbot and Mc Carty went to the farther end of the room where the dial is, facing Russel street; the prisoner ask'd how much the debt was, and put his hand towards his breeches; Talbot told him he could not tell, it was 4 l. and upwards, and was going to pull out his pocket book; at that time I had no apprehension of danger or mischief; the prisoner put his hand to his pocket; I saw him pull out a knife, and directly turn'd towards Talbot, with a spring, and plung'd it into Talbot's left breast; I saw the knife go in.

Q. Did Talbot do any thing?

Palmer. He attempted to guard his head, by holding his hand up before his head; the stroke came directly under his arm.

Q. Had Talbot any stick, or had he abused him?

Palmer. No, neither, but us'd all the mildest words in the world. (a cook's carving knife produced in court, the blade nine inches long, with a sharp point) This is the knife.

Q. Did Talbot say any thing?

Palmer. He said, O Lord, he has done for me, or something to that effect.

Q. How long did he live after this?

Palmer. He lived about two minutes after, as the landlord said, we went all out to cry murder.

Q. When did you see the prisoner afterwards?

Palmer. He came and stood at the door, with the naked knife in his hand, bloody.

Q. Which door?

Palmer. That in Princes's street; he stood at the door about a quarter of a minute, or half a minute, looking very full of revenge at the same time; then he walked very gently down the street; we call'd out murder; I walked down before him, calling murder; there was a soldier happened to come to our assistance; the soldier was at some trouble to get his sword out of his scabbord; then he took and cut a string that fastened it into the scabbord; he first stopped him in prince's street, then the prisoner went on; then the soldier stopped him at the corner of Vere street; I had a stick.

Q. Did the prisoner offer to run?

Palmer. No, he walked away with the knife in his hand, sometimes in the sheath, and then out again.

Q. Did not you offer to stop him?

Palmer. I struck at him several times; the soldier stopped him at a chandler's shop in Vere street; he did not think proper to cut him; the prisoner went two or three doors farther, and a man came out with a poker; I said, break his arm that has the knife in it; the man threatened to strike him with the poker; and another came and took the knife out of his hand, and held it up.

Q. What was his name?

Palmer. Jacob Plates ; then he was taken and carried before justice Fielding; I could not get near enough to hear what past there.

Q. Are you certain the prisoner stabb'd the deceased, in the manner you have mentioned?

Palmer. Upon my oath he did, and Talbot did not abuse, or strike him at all.

Q. Did you see the writ?

Palmer. I did afterwards.

Q. Where?

Palmer. In the hands of the landlord of the house, it was taken out of the deceased's pocket, Mr. Horsley and Mr. Webster.

Cross Examination.

Q. What are you?

Palmer. I am an assistant to the officer.

Q. Was you then to Talbot?

Palmer. No, I was not, I was coming by by chance; I have been an officer myself.

Q. Was the prisoner at the bar in custody with Talbot at this time?

Palmer. He was.

Q. How do you know that?

Palmer. I heard him ask Talbot how much the debt was; and Talbot said, 4 l. and upwards.

Q. Did you imagine then that the prisoner submitted to pay the money, and was going to pay it?

Palmer. Yes, I did.

Peter King . I was one of the persons that was fetch'd to the assistance of Talbot.

Q. Who went with you?

King. Mr. Shepherd, Thomas James , and William Powell ; when we came there, Talbot had the prisoner in his custody?

Q. Where were they, at the first of your seeing them?

King. They were talking together within a foot of the step of the King's-head door; the prisoner said, what do you all want? Talbot said, you know what I want, here is an execution, and show'd it him, afterwards he went into the room.

Q. Did the prisoner see Talbot show him the execution?

King. He did, if he did not shut his eyes; then he said, if he would go in at the Queen's-head, he would pay him the money.

Q. Did you hear him say so.

King. I heard him make use of them very words. Before they went into the room, we were for searching of him; I said, he has threatened the first officer that comes to arrest him, for he once wanted to shoot me; and said, he would make as many holes in me as were in a flute. Mr. Talbot said, Patt, will you pay the money; he said, yes, if you'll go into the house; then we all went in: there is a bar as you go into the room out of Drury-lane, Mc Carty went by that to the upper-end of the room, and said, how much is it, Talbot; Talbot said, upwards of 4 l. but I'll tell you the particulars; then Mc Carty said, he would pay him, and clapp'd his hand as though he was going to put it into his pocket, and brought a knife out, boo, said he. Talbot seeing the knife coming, whipp'd his right-hand up, and with the boo, he struck the knife in him. I saw the knife go in, and saw it come out again; Talbot fell on me, and clapp'd his hand on his shoulder, and said, Lord, he has done for me, he has kill'd me; I ran out of the house, so can't tell how long he liv'd.

Q. Had either of you sticks?

King. No, none of us had.

Q. Had either of you used him ill?

King. No.

Q. Did you see the writ?

King. I did, before Talbot went into the house; he show'd it him, (he takes the writ in his hand) this is the execution. I was apprehensive of danger, and went out of the house directly. The prisoner came out of the house into Prince's-street, and I went out of the door that goes into Drury-lane, calling out, murder, murder. I saw him at the door with a knife in his hand, and never attempted to run, but walk'd along, and said, it is a parcel of bailiffs and thieves, with the knife naked in his hand.

Q. How was he secured?

King. I can't say by whom he was secured; I saw him very attentive to the man with the poker, and a man took the knife out of his hand, and he was secured in Vere-street; I saw him taken, and went to Mr. Fielding's house with him; Mr. Fielding examined him, and ask'd him, how he could be guilty of such a crime; he said, if it was to do again, he would do it. Mr. Fielding ordered a person to go to see if Talbot was dead; he came and said, he was. I said to Mc Carty, you have made a pretty jobb of it; said he, I wish it had been you.

Q. Was Talbot a palace-court officer?

King. Yes, he was.

Thomas James . I was one of the persons that Palmer fetch'd to come to the King's-head, Drury-lane. I saw the prisoner at the bar come out of the door in Prince's-street, Talbot was with him; King and Powell were up first, they had hold of Mc Carty; Talbot saw us coming, then he stood at the front of him.

Q. Did you see the writ in any body's hand?

James. No, I did not; I heard Talbot say, come into the house and pay the money, it is only Lenon's execution; said Mc Carty, let me go into the house, and I'll pay you the money. I was going to search him, and said to Talbot, don't let him go into the house, I don't think it safe, and was going to search him; upon that Talbot said, desist, and laid hold of my arm, and said, let him alone, he is as naked as a child, he cannot hurt any body; we let him loose, and walk'd quietly into the room; Talbot and Mc Carty walk'd before us together to the farther end of the room, facing the window that looks into Russel-street, their backs were towards us; I heard Mc Carty say, how much is the money; said the other, I'll tell you, (feeling for his pocket-book) it is upwards of 4 l. Mc Carty put his hand to his pocket, feeling for his money, as I thought, and he whipp'd out this knife (here produced) in his right-hand. Talbot being appriz'd by the sudden motion, whipp'd up his right-hand to defend his head; hoo, said Mc Carty, and I immediately saw the knife go into the deceased's body, and I saw the prisoner pull it out again; then he said, you thieves you, Powell and King ran out of Drury-lane door. I was in the room, and seeing the door open that goes into Prince's-street, and no body in the room but Mc Carty, the deceased and I, I thought I would keep far enough off him; there is a sort of a settle; Mc Carty look'd round, and seeing no body in the house but me, and I was about four yards from him, he made a motion like towards me; I went out into the street; he came to the door, and stood on the threshold p retty near half a minute; we alarm'd the neighbours; he walk'd down Prince's-street unconcern'd (I call'd murder) he had the knife bloody in his hand; he was taken in Vere-street, Clare-market.

Q. Was you before Mr. Fielding when he was there?

James. I was; I was the very person that charg'd him with the murder, and my information was drawn up, and before it was sign'd, I was desir'd to go and know if Mr. Talbot was dead, or no. I went to the King's-head, and there saw him all in a gore of blood, lying on his back dead. Then I went to the justice, and said, you may swear me now, for he is dead. Upon that I heard Mc Carty mutter with a low voice, by the Holy Ghost I wish it was you.

Q. Did you hear them words?

James. I heard them very words; then I was sworn, and signed my information.

William Powell . I saw Talbot and Mc Carty about the King's-head door in Prince's-street, talking together; when I came up, Talbot said to him, I have got an execution against you in the suit of Mr. Lenon.

Q. Did you see him produce the execution?

Powell. I did, but I can't swear to the identity of it now.

Q. Did he produce it in such a manner, that the prisoner might see it?

Powell. He did.

Q. What did the prisoner say, upon Talbot's producing it?

Powell. He said nothing; we were afraid he had instruments about him, as he had threatened him; we catch'd hold of him; upon which he said to Talbot, what is it; said Talbot, it is an execution; we were going to search him; said Talbot. desist, Patt will pay me the money; then the prisoner said, go into the house, and I will pay you the money; they went in at the Drury-lane door; I was behind Mr. James and Mr. Talbot, by the corner of the bar on the left hand; Mc Carty ask'd, how much the money was; Talbot said, it is better than 4 l. and put his hand to his right-hand pocket; Mc Carty put down his hand, as if in order to pay the money; he drew out a knife, (the same as here produced) Talbot held up his hand; hoo, said Mc Carty, and gave his hand a fling round, and I saw the knife go into the deceased's body.

Q. How long did Talbot live after this?

Powell. I can't tell that; he clapp'd his hand to the wound, and said, O Lord, he has done for me.

Q. Did you see him afterwards?

Powell. I saw him bleeding on the floor out of the mouth and the wound, then he was dead.

Q. Had he any stick in his hand?

Powell. No, he had not.

Q. Had there been any quarrel between them?

Powell. No, not as I know of.

Q. What became of the prisoner after he had wounded Talbot?

Powell. Then he walk'd gently out, and we call'd murder; and he was taken in Vere-street.

Q. Was you with him before justice Fielding?

Powell. I was; I heard him say he was very sorry for what he had done; but he had something else to think of, than to stand prattling there; they could hardly get him to the bar.

Philip Webster . I know Talbot; I saw him bleeding, but cannot tell whether he was dead or alive; I took this execution (here produc'd) at that time.

Q. When was that?

Webster. On the 11th of October instant, he was stabb'd.

Prisoner's Defence.

I don't know what defence to make; there were no body else but officers, and they all swear for one another; there were no body else there but the landlord and a porter; these people pull'd me into the house in an outragious manner, and show'd me no writ. Call Richard Fox .

For the Prisoner.

Richard Fox . I was in at the King's head in Prince's-street; Talbot and Mc Carty came in, and call'd for a tankard of beer, they drank to one another; (I was going to get my dinner) Mc Carty said, will you go with me as far as such a street; I said, I will go any where you please to send me. Talbot said, Mr. Mc Carty; the debt is but small, you had better pay it; consider, it is a great deal of trouble to me. Then Mc Carty said, come along with me; they both went out of the house together into Prince's-street , and at the scowerer's door come up three or four fellows, they took hold of him, and brought him back into the house. Mc Carty said, d - n you, am I a robber or a thief, that I am to be so us'd; and I believe, at that time, he committed that wicked action. This is all I have to say.

Guilty .

Death .

He receiv'd sentence immediately, this being thursday, to be executed on saturday. The court order'd his execution to be at the end of Bow-street, and the body to be hang'd in chains on Finchley common; which was accordingly done .

308. (M.) Jacob Ross , was indicted for stealing one piece of sacking, value 20 s. the property of Edward Iselton , Octob. 9 . +

Edward Iselton . I live in the parish of St. John's Wapping ; I lost a piece of sacking out of my counting-house, on the 9th of October.

Q. What are you?

Iselton. I am a warfinger ; I was speaking to Mr. Silverside, and observed: the prisoner come out of my counting-house; with a piece of sacking on his shoulder. I desired Mr. Silverside to keep his eye on him, whilst: I went into the counting-house, to see if he had not got a piece of my sacking. I went and miss'd a piece, then I follow'd him, and took him with the piece on his shoulder ( produced in court, and depos'd to, by the prosecutrix's mark upon it) I observ'd the prisoner was in liquor.

Q. What is he?

Iselton. He is a sailor .

Arthur Silverside . I saw the prisoner coming out of Mr. Iselton's counting-house with this piece of sacking on his shoulder; we went after him, and took him with at upon him, before he got out of sight.

Prisoner. I had no sense when I did the thing.

Guilty .

[Transportation. See summary.]

309. (M.) Ann Harper , widow , was indicted for stealing one cotton gown, value 9 s. and one pair of stays, value 1 s. the property of Mary Cartwright , spinster , Aug. 25 . ++

Mary Cartwright . The prisoner and I lived in one room together.

Q. Did any body else live in the same room?

M. Cartwright. Yes, four or five people.

Q. How many beds are there in that room?

M. Cartwright. There are three beds; I missed the things mentioned in the indictment; I suspected the prisoner, and took her up, and charg'd her with taking them. She own'd she had lost the stays, and that she had pawned the gown at the corner of Russel Court; I went and found it accordingly. (Produc'd in court, and depos'd too.)

Walter Rotchford . I was sent for to justice Welch; there I heard the prisoner own she stole the gown from the prosecutrix.

Q. Has the prisoner us'd to pawn things with you?

Rotchford. Formerly she did; and before the justice she said, she pawn'd this gown with me?

Q. Do you recollect her pawning it?

Rotchford. No, I do not.

Prisoner's Defence.

Mary Cartwright sent another woman to pawn this gown; I went with her; it was put in the name of Catharine Taylor . Mary Cartwright took the 8 s. that it was pawn'd for, and went away with it, and in a fortnight after I met her in Holbourn. She told me, if I would give her a crown she would let me go, because she was naked. I had not a crown, and so could not give it her; then another woman came. She was a bad woman, and she took me before the justice; if you enquire into her character, you will find her a woman of the town.

Guilty .

[Transportation. See summary.]

310, 311. (M.) Marg Oatley , and Mary Burn , were indicted; for that they, on the king's highway, on William Baldwyn , did make and assault, putting him in corporal fear and danger of his life, and one common-prayer-book, value 6 d. one linnen handkerchief, value 3 d. one pair of leather gloves, value 6 d. one snuff box, value 3 d. and 14 d. halfpenny in money, number'd, the goods of the said William Baldwyn, feloniously and violently did steal, take and carry away , October 5. ++

William Baldwyn . On the 5th of this instant, I was coming along Drury-lane, by the end of Middlesex-court , there came three women and seiz'd upon me.

Q. What time of the day was it?

Baldwyn. It was either a quarter before eleven at night, or about eleven; they came from under the arch way, behind me; one laid on one side of my collar, another the other side, and the third took hold on the slap of my coat behind; they never let me go, but dragg'd me up a court to the second house in it, which is about 25 yards from the place where she seiz'd me.

Q. On which hand-side the court?

Baldwyn. On the left-hand side; they dragg'd me into a lower room, and lock'd the door, and one of them took the key out of the door; two of them fell to beating me in a terrible manner; they struck me over my face with their double fist, as hard as they could strike me.

Q. Had they a light?

Baldwyn. There were a parcel of bricks in the fire place, and a candle was stuck amongst them alighted, by which I know the prisoner.

Q. How long was you in that room?

Baldwyn. I was there pretty near half an hour; the prisoners are two of them, I know them well; I saw them all three very plain. I look'd at their faces, resolv'd, in my own breast, to have satisfaction for the injury I receiv'd.

Q. Tell which of the prisoners assaulted you, and what each did?

Baldwyn. Oatley took my common prayer-book and gloves; the fellow pair to these on my hands?

Q. Which pocket did she take them from?

Baldwyn. From out of my left hand coat pocket; when she had her hand in my pocket, I turn'd about and said, let my pocket alone, there is but a trifle, there is only a pair of gloves; she said, d - n you, I don't care, I'll have it. Mary Burn stood on the other side, and had hold of my collar at the same time; she and the other kept fast hold on me.

Q. Did Oatley take your things by force?

Baldwyn. She did; Mary Burn took my snuffbox and handkerchief from my right-hand coat pocket.

Q. Was you held by any body at that time?

Baldwyn. I was by the other two.

Q. Did you lose any thing else?

Baldwyn. I lost 8 d. halfpenny in halfpence, and a 6 d. in silver, out of my right-hand breeches pocket.

Q. Who took that?

Baldwyn. Mary Burn took that.

Q. Did she take it by force?

Baldwyn. She did.

Q. Was you put in fear?

Baldwyn. I was put in great fear.

Q. What did you do after that?

Baldwyn. They kept me near half an hour, and beat me in a terrible manner, thinking I had gold about me; they demanded more money of me, and swore and d - d my eyes, if I did not give them all the money I had they would knock my eyes out of my head. Burn pull'd out a knife, and held it at my breast near twenty minutes on and off; whether it was a claps knife, on fix'd in the handle, I know not; at last they let me out. I apply'd to justice Welch for a warrant, and took one up the 10th of this instant, and the other afterwards, and I took them before the justice, and they were committed.

Cross Examination.

Q. How came you in Drury-lane at that time of night?

Baldwyn. I was going to Wild-street, to one that was very ill, to see if my wife could be of any service to her in sitting up by her.

Q. Where do you live?

Baldwyn. I have lived many years in that parish.

Q. What is your business?

Baldwyn. I am a livery lace-weaver .

Q. Are you a house-keeper?

Baldwyn. No.

Q. Do not you frequently go into that court?

Baldwyn. I very often go by the court on my business, and sometimes through it.

Q. Did not you go with the constable on the 10th of October, in order to search for the person that robb'd you?

Baldwyn. I went to the house where Margaret Oatley bid me go to (I took her up first, and she told me where to find the other) there I took her.

Q. Was not you in doubt about Oatley.

Baldwyn. No, I always said I knew her; she took my gloves and prayer-book; I knew her on first seeing her again; her husband is waiter at a public-house or tavern near Charing Cross; I never saw him till the saturday after in the round-house; and when I saw him after that, he had inlisted, and was in soldier's cloths.

Oatley's Defence.

When that man took me up first of all, he swore I held a knife against him, and rifled his pocket, with two women with me; this was at justice Cox's; I was in the Gatehouse from the saturday o the monday; a woman that I never saw before told me the three womens names that did this robbery; this very girl said to the other girl that was going off, is that the man you robbed? she said yes; there was another girl that had a child, she left her child, and is gone off too; I never saw the man with my eyes before he swore against me, I innocently said; when he laid hold of me, he said I was one of the women; I said, I was not; but I knew the women, and that was no farther than hearsay.

Burn's Defence.

I never saw the man in my life, and this woman (meaning her fellow prisoner) I never saw her in my days; I own I was going by with one of them, that did the robbery, when they took me.

For Oatley.

Henrietta Wingfield . I have known Oatley near two years.

Q. Where was she on the 5th of October in the evening?

H. Wingfield. She was with me in the Temple.

Q. Whereabouts?

H. Wingfield. All over the Temple; we walk'd together from between eight and nine till between eleven and twelve.

Q. Were you all that time in company?

H. Wingfield. She never was out of my company a quarter of an hour.

Q. What day of the week was it?

H. Wingfield. It was a fortnight ago last sunday; not thinking I should be call'd upon about it.

Q. Where did you part?

H. Wingfield We parted in the Temple; we were in chambers in the Temple upon one stair-case.

Q. How long did you stay in the chambers?

H. Wingfield. To the best of my knowledge we staid there near three quarters of an hour, it was till near 12 o'clock.

Q. What is Oatley's character?

H. Wingfield. I never heard but that she was a very pretty civil body.

Q. How does she get her livelihood?

H. Wingfield. I don't know; it is well for me to know how I get my own.

Q. What are you?

H. Wingfield. I am a mantuamaker.

Bridget Ingram . I live in Middlesex court, Drury lane; I know Margaret Oatley ; I remember Baldwyn's coming on the 10th of October to enquire after the prisoners that robb'd him; he came to the house where I was, with another man with him, nam'd Mackdaniel. Margaret Oatley was there sitting on my right hand; he look'd at her, and she at him; he went out of the house, and never said any thing to her.

Q. to Wingfield. How came you to remember this was the 5th of October?

H. Wingfield. Only, but because it was a fortnight ago last sunday.

Q. Did you and she never walk together only that time?

H. Wingfield. Yes, a great many times; I can recollect this time by several circumstances.

Q. What are them circumstances?

H. Wingfield. In our being in the chamber together, and drinking together, and walking together, and a certain sum of money that I had that night.

Q. Had you ever been in that chamber before?

H. Wingfield. No.

Mrs. Summers. I heard a great noise out at my window; I heard they took a snuff box from a man; the girls came to my house afterwards; I ask'd them how they came to do such a thing; they said, they were in liquor, and did not know how they came to do it; these prisoners are not the prisoners that did it.

James Broadburst . I knew Oatley four or five years.

Q. What are you?

Broadburst. I have done all the repairs in the carpentery way in the court where she lived; I saw her always decent.

Q. Is she or is she not a woman of the town?

Broadburst. I can't say whether she is a woman of the town or not; the few things she bought of me, as chairs and things, she paid me very honestly.

Mr. Thorn. I live in Drury lane.

Q. Are you a house-keeper?

Thorn. I am .

Q. In what business?

Thorn. I am a publican; Margaret Oatley was taken at my house.

Q. What is her character?

Thorn. I know nothing at all as to her honestly, I never saw her till that time.

Q. to Baldwyn Where did you take Oatley?

Baldwyn. I took her in this man's house on the 10th of this month.

Q. to Ingram. Where was it you say the prosecutor saw Oatley, and did not know her?

Ingram. It was that very same day that she was taken at night.

Q. to Baldwyn. Do you remember your going into this man's house that day?

Baldwyn. I don't remember I ever saw this old woman, nam'd Ingram, in my life. I took Oatley in Mr. Thorn's house, on the 10th at night.

Thorn, When Mr. Baldwyn came to our house, he said, that was one of the persons concerned in the robbery, and she was the person that held the knife to him, and before justice Welsh he swore Burn was the person that held the knife to him.

Andrew Davidson . I live in Great Wild street, and have for five years; I have known the prosecutor I believe seven or eight years; he was my journeyman four or five years.

Q. What are you?

Davidson. I am a lace weaver.

Q. What is the prosecutor's general character, is he to be believ'd upon oath?

Davidson. Please your honour, he has a very bad character, he'll swear and lie, and stand to it; I have reason to believe he will take a false oath; for he swore against me, and I paid for it.

Mrs. Davidson. I am wife to the last witness; I know the prosecutor.

Q. What is his general character?

Mrs. Davidson. I know that he is a very great lier, as ever I knew; and he will swear any thing.

Q. Do you think he ought to be believed upon his oath?

Mrs. Davidson. I do not think he ought; for I have suffered for it.

Q. to Baldwyn. Is any body here that will give you a character?

Baldwyn. Yes; here is Mr. Cherrick.

Q. How do you get your livelihood?

Baldwyn. I keep three looms at work.

Q. Has there been any quarrel between Mr. Davidson and you?

Baldwyn. I summon'd him to the court of conscience, and he abus'd me in the street, and I took him before the justice, and the justice talked to him.

To Baldwyn's character.

Henry Cherrick . I am a neighbour to Mr. Baldwyn, and have known him four years.

Q. What is his general character?

Cherrick. I believe him to be a very honest worthy man.

Q. Should you be under any difficulty in believing him on his oath?

Cherrick. Upon my word I should not be under any.

Martin Marshall . I have known Mr. Baldwyn four or five years, I never knew to the contrary but that he was a very honest, quiet man.

Q. Do you think he would forswear himself?

Marshall. No, I do not think he would.

The indictment being laid for a robbery on the King's highway, and the fact appeared to be a robbery in a dwelling-house, they were acquitted of the robbery, and both found guilty of single felony .

[Transportation. See summary.]

312. (L.) Mary Duprose , was indicted for stealing a bank note, value 100 l. the property of Moses Jacobs , Oct. 6 . ++

Moses Jacobs . The prisoner at the bar was my servant ; on the 12th of October I miss'd a 100 l. bank note; I sent for a constable, and told him, I had a suspicion of my maid. He said, I must advertise it; I advertised it in the paper on the monday, ten guineas reward; a woman came that same day, and told me, she had notice of it; I promised her five guineas for herself, as she said she had not got it, but knew the person that had; I gave her a note for the five guineas.

Q. What was her name?

Moses. Her name was Mrs. Hancock. I went to the bank, and slopp'd the payment of the note; she told my brother where it was; he came and told me he must go with me, and carry the money; I went as he directed to a woman nam'd Tompson, in Rosemary lane; she said, are you the man that has lost the back note; I said yes; says she, is your name Moses Jacobs; I said yes; she said, then deposit the money, and I'll give you the note; I deposited the money; my bank note was put upon the table, with my own number, No. 33, letter B. After I had got it. I asked her, if she did not know Mary Duprose , that lived with me. She said no; my maid was in the counter, and the constable took her before the alderman. Then we had a warrant for Tompson and Hancock, they both were brought before the alderman, and the next day before my Lord Mayor: there Tompson was in different stories; at first she said, she found it; then she said, another person found it; but at last she said, she had it from my maid, the prisoner at the bar.

Q. What answer did the prisoner make to that?

Jacobs. The prisoner said, she gave it her on saturday. Tompson said, she received it of her on the friday.

Q. Did the prisoner own that she took it out of your drawer?

Jacobs. At that time she did not; I believe she did afterwards.

Q. What were her words?

Jacobs. I was present, and heard her, but I cannot think directly what she said.

Abraham Abrahams . On the 12th of October, Mr. Jacobs sent for me to his house, and told me, he had lost a bank note of a hundred pounds, and he suspected his servant to have taken it. I ask'd him where she was; he said, she was gone to Mr. Gregory's, in Crutchet Fryers; he and I went there; when we came there, they said she was not come, but they expected her to drink tea; I staid there, and in about half an hour she came in; her master told her, her mistress was taken ill, and she must come home; I followed her, and when she came there, I desired her to walk up stairs. She went up, then her master charged her with taking the bank note of 100 l. she said, she never had been guilty of any such thing; I being constable, ordered a woman to search her; she was searched, but nothing found upon her. Her master promised her, if she would tell where the note was, he would give her ten guineas, which he had advertised; she persisted in her innocency, and would make no discovery The next morning I was sent for to Mr. Jacobs's house, about eight o'clock, there was Mrs. Hancock; she said, she could give an account about the note: but said, she expected something for her trouble; Mr. Jacobs agreed to give her five guineas, and gave her a note of hand for it, to be paid upon its being produced. The note was produced by Mrs. Townsend; Mr. Jacobs was mistaken in the name, he call'd her Tompson; he gave Townsend ten guineas, and Hancock a note of 5, on her producing the woman with the note; the note was ordered to be returned by my Lord Mayor.

Q. Where did Mr. Jacobs receive his note again?

Jacobs. After Hancock had told Townsend's name, Townsend sent word, she would not come; if Mr. Jacobs had a mind to have his note, he might come and fetch it. I went with him to the seven Stars in Rosemary lane; then she said, if Mr. Jacobs would deposit ten guineas in the landlord's hand, she would produce it; and she delivered the note upon her receiving the ten guineas. Then I told her this note had been stolen by a woman that was to be examined before my Lord Mayor to-day; and ask'd her, if she knew the prisoner Duprose; she said, she never heard her name in her life: the next day I took the prisoner before Mr. alderman Alexander; and upon hearing these two womens names, then she said, she found the note at a cheesemonger's door in White Chappel, and that she had given it to Mrs. Townsend for her to see what it was. Upon that Mr. alderman Alexander committed her to the counter, and ordered a warrant to be made out against the other two women; the next day I took them both before my Lord Mayor; and upon his examining Townsend, she own'd she received the bank note of the prisoner at the bar. My Lord Mayor sent for the prisoner; she was ask'd, if she gave it her, and she said she did, for her to tell her what it was.

Prisoner's Defence.

I know nothing of it, or I would have had people to my character.

Guilty .

[Branding. See summary.]

313. (M.) Mary Clews , spinster , was indicted for stealing one silver watch, value 30 s. one Mahogany tea chest. value 2 s. two silk aprons, value 5 s. one linnen apron, value 5 s. two linnen sleeves, value 3 d. two other linnen aprons, value 3 s. eighteen pieces of brass, value 1 s. two guineas and five shillings in money, numbered , the property of William Griffith , October 10 . ++

Elizabeth Griffith . My husband's name is William; on the 10th of October, we lost the things mentioned in the indictment (mentioning them by name) the prisoner used to come every night till the night we were robb'd for a week before, and us'd to stay till we lock'd up the door; but the night we were robb'd she went away betwixt six and seven o'clock; I suspected she had taken them, because she had bought herself some new things, and she also being a person of bad same. I went to justice Welch, and got a warrant, and took her up, and charged her with taking them; and she own'd she did take them before several people.

Q. How did she say she took them?

E. Griffith. She said she came in at the back door, and we locked her in the house, and she took and carried all the things to her lodgings; we took her up but last night; she had pawn'd the watch, and here is a pawnbroker in court with whom she has pawn'd two white aprons, and one black silk apron, which he would not deliver; I ask'd her what she had done with the money; and she said she had spent that.

Q. What is your business?

E. Griffith. We keep a public house .

John Clark . I am beedle of Clarkenwell; Mrs. Griffith denied me to go along with her, her husband being now in misfortunes in Bedlam. I went, and we took the prisoner, and she charged her with taking the things mentioned; she own'd the fact; and here are part of the things which we found. I found the tea chest at the Half Moon at Islington, she delivered to us two aprons, some caps, and a pair of sleeves; she own'd she had sold the eighteen pieces of brass, which were shuffleboard pieces, for 16 d. I went to the pawnbrokers, nam'd Ellis, in Abel's buildings, Rosemary lane, for the watch, and told him it was stolen; he delivered it to me. ( produced and depos'd to by prosecutrix)

Q. How came you to go to Ellis's?

Clark. The prisoner went along with me there, and said she had pawn'd it at that house.

Thomas Hall. The prosecutrix lives opposite me; she sent for me, and said, she had been robbed, and had a suspicion of the prisoner; we got a warrant, and I went with her, and we found the prisoner at Islington; there I saw the tea chest standing on a chest of drawers; then she confessed she had taken the other things; we went according to her directions, and got the watch, and some other things produced here.

Prisoner's Defence.

I did not pawn the watch; the woman that pawn'd them they had in custody last night, and they let her go; I know nothing about any of the things.

Guilty .

[Transportation. See summary.]

314. (M.) Catharine, wife of Jacob Hughes , was indicted for stealing one feather bed, value 12 s. one blanket, value 2 s. one feather-bolster, value 3 s. one linnen quilt, value 1 s. two linnen sheets, value 4 s. the goods of Mary Warner , widow , the same being in a certain lodging-room, let by contract, &c . May 21 . ++

Guilty .

[Transportation. See summary.]

315. (L.) Robert Campion , was indicted for stealing three pound and a half wt. of hard soap, value 18 d. the property of Edward Green , October 1 . ++

Guilty .

[Transportation. See summary.]

316. (L.) John Gunnell , was indicted for stealing twenty pounds wt. of sugar, value 5 s. the property of Robert Turner and Co.

The prisoner was taken with the sugar upon him; he told where he had taken it; there was such a quantity found missing out of the hogshead.

Guilty .

[Transportation. See summary.]

317. (M.) Mary, wife of Timothy Curtin , was indicted for stealing one box iron, value 4 s. two wooden bedsteads, value 5 s. one matted bed, value 4 s. one pair of linnen sheets, value 2 s. one blanket, value 1s. one quilt, value 5 s. one mahogany table, value 5 s. four brass candlesticks, value 2 s. one brass ladle, value 4 d. one flat iron, value 1 s. one iron pot, value 1 s. one pair of bellows, value 18 d. one corner cupboard, value 2 s. two chairs, value 3 s. one feather-bed, value 30 s. two looking-glasses. value 20 s. one frying-pan, value 2 s. one tin lanthorn, value 2 s. one pillow, value 6 d. and two pictures, value 2 s. the property of Abraham Lardon , the same being in a certain lodging room let by contract, &c . October 1 . ++

Abraham Lardon . The prisoner took a lodging ready furnished of me, and she robb'd me of the goods mentioned.

Q. Were the goods mention'd in the indictment part of them goods?

Lardon. They were; after I missed them I took her up, and charg'd her with taking them; she said, if I would have patience till her husband came home from sea, she would pay me.

Q. Is her husband at sea?

Lardon. He is gone to the Indies, he is a sailor; she own'd she took them all, and how she had dispos'd of them; there were nine pawnbrokers concern'd.

The prosecutor desir'd the prisoner might meet with favour, and own'd, he made it into a debt, and expected to get it of her husband when he came home.

Acquitted .

318. (L.) Rachael Jacobs , was indicted for uttering and paying a false 36 s. piece, with intent to defraud Bolton Hudson , July 7 . ++

Bolton Hudson. I live at alderman Rawlinson's an Co . On the 7th of July, between eight and nine in the evening, the prisoner at the bar came to me for two half pounds of tea; after I had weigh'd it, and given it her, she wanted change for a 36 s. piece, as she call'd it; I look'd at it, and told her it was bad; she would not believe me at first, then I carried it to one of the masters, Mr. Davidson, and shew'd it him; he came down stairs, and told the prisoner, it was had, and that he had a good many of them, and the first that brought him any more he was determin'd to prosecute, as an example to others. He said, if the prisoner could make it plainly appear how she came by it, he would release her, otherwise he wou'd go the next morning before the sitting alderman; she said, she did not know who gave it her; we detain'd the 36 s. and the next morning she came of her own accord, and went before the sitting alderman at Guildhall.

Q. Did not you send for a constable?

Hudson. No.

Q. What evidence did you give before the alderman?

Hudson. The same as I do to you; and she was committed, but somebody gave bail for her.

Cross Examination.

Q. Did you know the 36 s. piece to be a bad one?

Hudson. Yes, I judg'd it so; it was very perceivable.

Q. On your charging her with this piece as being bad, Mr. Davidson ask'd her, where she had it? what did she say?

Hudson. She said, she receiv'd it in payment, but could not tell where she had it.

Q. Did she endeavour to use any art, or did she come in a common way to purchase goods?

Hudson. She came in a common way.

Q. Did she seem surpriz'd, when you told her it was bad.

Hudson. Yes, she thought the piece was very good.

Thomas Sowerby . I live at Lethulier's and Chaneler's in Leadenhall-street; on the 7th of July. about 8 o'clock in the evening, the prisoner came and wanted two half pounds of tea; I look'd at the money, and thought it was bad; (the piece produc'd and shewn to Sowerby) who says, it was the same, or one very much like it.

Q. Who gave you that piece?

Sowerby. The prisoner at the bar offer'd it, and I dislik'd it, and told her it was a bad one; she seem'd a little surpriz'd, and said, she did not know it was. I then advis'd her not to offer it to any body else, for she was liable to be prosecuted. She said, she had it from her master, but did not say who he was; I ask'd her, but she did not tell me, then she went away.

The prisoner said nothing in her defence.

For the prisoner.

Jacob de Costa . I have known the prisoner six or seven years; I take her to be very honest, she liv'd with me three or four years as servant.

Henry Samuel . I have known the prisoner seven or eight years; she bore the character of an honest woman, when she was stopt with the money; the next morning she came to me, and applied to me to go with her to alderman Rawlinson's; I went, and said, you have stopt this woman with a 36 s. piece, which she said she receiv'd in Holbourn in change; he said, it was false money; I said, then cut it to pieces; the gentleman said, that is not in my breast, you must go before my lord mayor. She went voluntarily there; we went to Guildhall, and staid four hours before her examination.

Joseph Levy . I have known the prisoner between eleven and twelve years; she has lived with me for two or three years in my house; I trusted her over a great many things, and always found her honest.

Q. Look at this piece of money; is it good, would you take it for a 36 s. piece?

Levy. No, I wou'd not; but I might be deceiv'd.

Moses Barnard . Q. How long have you known the prisoner?

Barnard. I have known her between seven and eight years; she has always had a very good character in the ne ighbourhood; I believe she is a very honest woman.

Q. Suppose any body had brought a piece of money to your house, and you had look'd at it, and thought it a bad piece of money, and that person had gone to another shop, and offer'd the same piece of money, that you had tried to pass there, what opinion would you have of such a person?

Barnard, I can't tell, I don't understand money; several gentlemen in court knows me. I am an operator in teeth.

William Brook . I have known the prisoner a year and half; her general character is very honest. I have traded with her, and contracted with her for glasses, and found her just and honest.

Lydia Mason . I have known the prisoner twelve months; I never knew but she was an honest, industrious woman; I sold her old clothes, and bought off her; my husband is a hackney coachman, he keeps waiting jobbs.

Sarah Philips . I have known the prisoner nine or ten years; she is a very honest, hard-working woman.

Council for the Prisoner.

We have twenty more witnesses to call, but I will rest it here.

Acquitted .

The six and thirty shilling piece was sent to be cut by order of the court, and it appeared to be a good one, only wanting one shilling or eighteen pence in weight, and had been amongst quicksilver.

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

Received sentence of Death 2.

Patrick Mc Carty , otherwise Carty 307. Mary Fagan 296. She pleaded her belly, and a jury of matrons were impannell'd, and brought in their verdict, not quick.

Transportation for seven years 15.

Jeremiah Peacock 289

Robert Campion 315

John Gunnell 316

Francis Crump 294

Elizabeth Hopkins 295

Hannah Saunders 294

Elizabeth Carr 290

Isabella Paterson 304

Jacob Rose 308

Ann Harper 309

Margaret Oatley 310

Mary Burn 311

John Hughes 306

Mary Clews 313

Catharine Hughes 314

To be branded 4.

Martha Archdeacon 292

Mary Hutchinson 299

Mary White 306

Mary Duprose 311

To be whipped 1.

Ann Powell 298

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