Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 September 2014), December 1760 (17601204).

Old Bailey Proceedings, 4th December 1760.

THE PROCEEDINGS ON THE King's Commission 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 Thursday the 4th, Friday the 5th, and Saturday the 6th of DECEMBER,

In the first Year of His MAJESTY's Reign. Being the First SESSIONS in the MAYORALTY of The Right Honble Sir Matthew Blakiston , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER I. PART I. for the YEAR 1760.

LONDON:

Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.

M. DCC. LX.

[Price FOUR-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.

BEFORE the Right Hon. Sir MATTHEW BLAKISTON , Knt. Lord Mayor of the City of London, Sir Richard Adams , Knt.* one of the Barons of the Exchequer; Sir William Moreton , Knt. ++ Recorder, and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City, and County of Middlesex.

N. B. The * ++ direct to the Judge before whom the Prisoner was tried.

M. L. by which Jury.

London Jury.

John Rogers ,

Robert Stevens ,

William Russell ,

James Brock ,

Priest Shrubb ,

John Worsley ,

Nathan Maddock ,

John Humphreys ,

Richard Clark ,

Anthony Malpas ,

George Wellings ,

Geo. Bagwell Ireson .

Middlesex Jury.

William Spinage ,

Edward Turner ,

John Mills ,~

Benjamin Bailey,~

~ Andrew Bullock and William Brook served part of the time in the room of those two.

Timothy Carter ,

Richard Edwards ,

Thomas Ware ,

John Minet ,

John Parsons ,

James Rogers ,

Thomas Monk ,

William Holden .

1. (L.) Jos Turner , was indicted for stealing, (in company with Michael Martin , not taken) 26 lb. weight of sugar , the property of certain persons unknown, Nov. 22 . ++.

Acquitted .

2. (M.) Letitia Mac Daniel , spinster , was indicted for stealing one oaken box, value 1 s. one large common prayer-book, value 2 s. and one pair of nankeen breeches, val. 6 d. the property of Francis Booth , Nov. 25 .*

Francis Booth. I am a taylor , and live in Salisbury-street, in the Strand. The prisoner work'd in the next room to me 3 or 4 years.

Q. Was she your servant?

Booth. No, she was not. I had not missed any thing: a watchman in St. Giles's stopp'd the prisoner with the things mention'd. She wrote a letter, and sent it me; I went, the box was in the custody of the constable, lock'd as it had been in my house, with the things in it. The prisoner was there; I said nothing to her, nor she to me. [The things produced in court, and depos'd to.] I never knew any thing amiss of her in my life before.

John Garson , I am a watchman. I was calling one o'clock, the prisoner had pitched this box near the alms-houses by St. Giles's Church, I ask'd her, what she had got there? she said, what was that to me. I took her to the constable of the night. The next morning she wanted somebody to go to Salisbury-street, and I went for her to the prosecutor.

Q. What did you go there for?

Garson. She wanted me to go for the prosecutor, for him to come to her.

Prisoner's Defence.

I did lodge in the next room to the prosecutor: my landlady and I had a few words: I had a box there, and I took this by mistake instead of my own.

Acquitted .

3. (L) William Gaywood , was indicted for stealing one linnen apron, value 2 s. 6 d. the property of Thomas Atkinson . Nov. 12 . ++

Thomas Atkinson . The prisoner came into my house on the 12th of November: he had been observed to go twice backwards into the yard.

Q. What house do you keep?

Atkinson. I keep the magpye-alehouse in Fetter-lane . My wife had put a check apron on the bannister of the stairs, and it was missing: he was suspected to have taken it: I searched him, and took it from him near the small of his back, between his shirt and his skin. [Produced in court.]

Q. What did he say for himself?

Atkinson. He seemed to be very sorry, and said he was in liquor, and begged I would let him go.

Prisoner's Defence.

I was in liquor, and do not know any thing of it. I never wronged any body in my life.

For the Prisoner.

Anne Cave . I have known the prisoner five years.

Q. How does he get his livelihood?

A Cave. He is a hatter by trade: he worked at his trade: I never knew any ill of him.

Martha Taylor . The prisoner served seven years apprenticeship to me, he was as good an apprentice as ever any body could desire: I never knew any ill of him. I would take him into my service again, was he now at liberty.

Q. How long has he been out of his time?

M. Taylor. He has been out of his time about two years.

John Durand . I have known him near five years.

Q. What is his general character?

Durand. I never knew any harm of him in my life. I believe he is a very honest man.

Guilty 10 d.

[Transportation. See summary.]

4. (M) William Harrison , was indicted for stealing 30 yards of muslin, value 3 l. the property of Isabella Chapman , privately, in the shop of the said Isabella , November 7 . ++

Isabella Chapman, I live in Duke's-court, by the King's-meuse . I was in my parlour, and a gentlewoman with me, I heard my window smash all to pieces. I went into my shop immediately, there were three pieces of muslin missing.

Q Were there 30 yards of it?

Is. Chapman. Yes, and a great deal above that.

Q. Did you see who took it away?

Is. Chapman. No, I did not; there came a pastry cook's boy, and said he saw two men, one of them a short one, run away very fast: I went to justice Fielding, and had my goods advertised the next day, with two guineas reward. About a week after, one of Mr. Fielding's men came and told me one Mr. Spencer had stopped some muslin. I went to justice Fielding's. There the justice asked me if I could swear to my muslin. I said I could not. There was a person stopped that had a letter in her pocket, directed to the prisoner. The justice granted me a warrant to search his house. We went first to the prison, and found part of the goods on Sherlock, the evidence. We asked Sherlock about them: he said, if we would bring him to justice Fielding, he would tell all, and mentioned the prisoner at the bar. He was brought to justice Fielding, and the prisoner was taken up. Sherlock told us before the justice where the muslins were pawned; and that he was with the prisoner at the taking of them, and that he himself broke the window.

Q. Was this in the hearing of the prisoner?

Is. Chapman. It was. He said the prisoner received it of him, and they carried it to the prisoner's wife, and she tore it to pieces. We went to some pawnbrokers, by Sherlock's directions, and found some muslin: after that they were committed.

Samuel Spencer . I am a pawnbroker: on the 13th of November two women came to my shop to pawn a neckcloth of new muslin; they wanted half a crown on it; one of the women was dressed very genteel, but the other not so. I did not take it in. The next day, seeing an advertisement of a shop being broke open in Duke's court, St. Martin's-lane, and some muslin taken away, I ordered my servant, if they came again, to stop them. On the Monday morning following they came again with this neckcloth [producing one] they said they had brought it again, and wanted two shillings upon it. I asked them whose it was. One of them said it was her husband's. I said, What is your name? She said, Elizabeth Orberry . [This proved to be the prisoner's wife.] I jump'd over the counter, and said, Good woman, you and I must go to the Round-house together. I took her there; and she being genteely dressed, I ordered her not to be put among the common people, but taken up stairs. I went to justice Fielding, and told him what I had done, and what I suspected, by reason that the woman that was with her belongs to one Sherlock. He said I had done extremely right, for Sherlock is now in custody. Mr. Fielding sent for the woman who called herself Orberry. He could get nothing out of her. [She appears to be an artful woman.] She said her husband was an engraver, and that she had been with Sherlock's wife at my house on the Thursday before. The justice ordered her to be searched. In her pocket was found a letter directed to a person in Clare-market (I have forgot the name.) She gave but a very lame account of the letter. An officer went and found the woman that the letter was directed to, and brought her to Mr. Fielding's. As soon as she came in, she looked on Orberry, and said, Mrs. Harrison how do you do? Said Mr. Fielding, Is this Mr. Harrison's wife? Then he committed her to the Gate-house. Mr. Fielding granted a search warrant, and desired we would go and look for Sherlock's wife. We heard she was at Saltpeter-bank; but we could not find her. We went to New-prison, to Sherlock. The constable took from off Sherlock's neck a neck-cloth: we compared it with the other, and found it of the same quality, length and breadth, with the other. [Produced in court.]

Q. to Prosecutrix. Look at these neckcloths.

Prosecutrix. One piece of muslin may be like another. It is such as I lost. I know no other wife than by what Sherlock says: he says these are mine.

Spencer. I told Sherlock it was brought home to him, that we had stopped Mrs. Harrison, and a pastry-cook's boy had described his person; and that Mrs. Harrison had confessed her husband and he had broke such a shop. Then he made a pause, and said, if we would bring him to Mr. Fielding, he would confess the whole, if he could be admitted an evidence.

Q. Did Harrison hear Sherlock give an account of this robbery before the justice?

Spencer. He did, he was within three yards of him, leaning over the bar, at the same time. Sherlock confessed the several Robberies, for which Harrison is to be tried; and said, Harrison and he committed them, and how they were done.

Q. What reply did Harrison make?

Spencer. He made no reply: they were there a full hour.

Q. Did Mr. Fielding ask Harrison what he had to say to it?

Spencer. He did, but Harrison made no reply; he never said one syllable against it.

Q. What account did Sherlock give of the robbery?

Spencer. He said Harrison and he had been in the day time to look at the window; and that Sherlock broke the window, and took the muslin out, and gave it to Harrison.

Patrick Sherlock . The day this robbery was committed, I met Mrs. Harrison under Newgate.

Q. What day was it committed?

Sherlock. I do not remember the day, it is about a month ago: she told me her husband wanted to see me. I went to him; he was in his waistcoat. He said his wife had pawned his coat to get her gown out. This was at his lodgings in Clare-market. He told me, if I would lend him as much money as would get his coat out, he knew where was some muslin. I told him I had not so much money about me.

Q. Did he tell you where the muslin was?

Sherlock. Yes, he told me it was in Duke's-court. I told him I had a ring I would lay in pawn for half a crown to get his coat out, which I did, and we went in the day-time and looked at the shop. We went again between eight and nine: I put my glove on, and pushed in a pane of glass, and took the muslin thro' the place: then we ran away; and near York-buildings in the Strand, I took half, and he half, in our bosoms; and we went home to his lodgings, and Mrs. Harrison cut it up into aprons, and two neckcloths each: she went to pawn the aprons, and we sat in a public-house the while.

Q. Did you give the same account before justice Fielding?

Sherlock. I did.

Spencer. I heard him give the account there in the presence of the prisoner, and the prisoner's wife.

Q. to Sherlock. Where did the prisoner's wife pawn the pieces for aprons?

Sherlock. She pawned one at Mr. Key's, in Holbourn. We made a present of one to Mrs. Faulkature, where we cut them up: the prisoner and Catharine Mac Daniel were hand-cuffed together, at the justice's, when I gave this evidence. She is a person that I kept company with.

David Spires . Harrison's wife came to me on the 8th of November, and offered me two yards of muslin to pledge. [Produced in court.]

Q. to Prosecutrix. Look at this piece.

Prosecutrix. One piece may be like another: I cannot swear to it.

Q. Is it a proper quantity to make an apron of?

Prosecutrix. It is.

Spires. I thought it too good for a person of her character to wear: I stopped it. First she said it was her sister's, after that she said it was her own, and gave various accounts. She brought several people to say it was her property. On the Monday following she came and said she had it to make up for a person, and it would be a great detriment to her, if she had it not. I said, except she brought the right owner, she should not have it: I heard no more of her till after she was taken.

Q. Was you by when the prisoner was before justice Fielding?

Spires. I was, and heard Sherlock give an account of this and divers other robberies. The prisoner and his wife, and Catharine Mac Daniel , were by at the time.

Thomas Oakes . Sherlock said, if we would be a means of bringing him to justice Fielding, he would tell the truth. I was present, and heard him give his information. I had a warrant, and went to Harrison's lodgings in Laurence lane, near St. Giles's-church. I took him, and brought him to justice Fielding's.

Q. to Sherlock. Look at that neckcloth, that was taken from your neck: How did you come by it?

Sherlock. That is part of the muslin, which we had out of that shop in Duke's-court.

Mr. Nicholls. Elizabeth Harrison pawned a piece of muslin with me, for 8 s. [Produced in court.]

Q. Is that a proper quantity for an apron?

Nichols. It is.

Sherlock. This is part of the muslin we had from the prosecutrix's shop: I saw Mrs. Harrison cut it out.

Mrs. Keys I lent Mrs. Harrison 8 s. on a piece of muslin. [Produced in court.] It corresponds with the other piece, and is the size of an apron.

Prisoner's Defence.

I have very little knowledge of Sherlock: I was very ill when he came to me. I did not go out with him, as he charges me: I had been at my mother's, where many sailors resort. He came to me there with that muslin, and told me it was run by sailors, and he wanted 40 s. on it, or he should be arrested, and desired my wife to go and pawn it for him. I thought what he said was truth, and she did go and pledge them. He has been tried here for such an offence, as he charges me with ~. He charges me with this, in order to clear himself. There was a man that he desired to keep out of the way; saying, If he did not, he should be cast. And since that, that man has unfortunately fell down a pair of stairs, and is killed; and I am deprived of his evidence, which would have been of great service to me.

~ See Sherlock tried, Numb. 153, in the last mayoralty, for breaking the shop of Jane Danson , in Long-acre, and stealing handkerchiefs, &c.

On account of the act of violence in breaking the window, the jury acquitted him of privately stealing, and found him guilty of a single felony .

(M) He was a second time indicted for stealing nine silk handkerchiefs, value 18 s. the property of Isaac Grant , in the shop of the said Isaac, privately, and secretly , Nov. 28 . ++

Mrs. Grant, and Sherlock proved on this as was proved on the other trial, that the window was broke by violence, &c. and the goods mentioned taken away.

Guilty of stealing, but not privately .

(M) He was a third time indicted for stealing six yards of lawn, value 16 s. the property of William Cooper , in the shop of the said William, privately, and secretly , Nov. 22 . ++

This appeared the same with the former trials.

Guilty of stealing, but not privately .

(M) He was a fourth time indicted for stealing 20 yards of muslin, value 3 l. the property of Martha Graham , widow , in the shop of the said Martha, privately , Nov. 22 . ++

This appeared the same.

Guilty of stealing, but not privately .

(M) He was a fifth time indicted for stealing one shagreen-case, with three gold ear-rings, value 15 s. the property of George Ragsdale , in the shop of the said George, privately, and secretly , Nov. 21 . ++

This appeared the same.

Guilty of stealing, but not privately .

[Transportation. See summary.]

5. (M) Mary Carrol , spinster , was indicted for stealing one linnen table-cloth, value 6 s. and one sheet, value 5 s. the property of William Lilley , Oct. 30 . ++

Susannah Hatford . I am servant to Mr. Lilley, who keeps a public-house ; the prisoner came there to drink several times; she asked me to give her some money, I told her I had none; then she ask'd me I had any thing of my own to pawn; said I had not.

Q. Was you and she acquainted?

Hatford. I had never seen her before she came there: then she ask'd me if I had any thing of my mistress; I said I had a table-cloth and a sheet; she bid me fetch them; I did, she receiv'd them of me at the bottom of the stairs: I never did such a thing before. This is the truth, and nothing but the truth.

Acquitted .

6. (M) John Davis was indicted for stealing one pair of leather breeches, value 7 s. and two pieces of woollen-cloth, value 2 s. the property of Peter Dawson . Nov.10 . ++

Peter Dawson . I am a woollen-draper and salesman in Monmouth-street ; I was cutting out some things on the 10th of November, the prisoner came up to the door, and said he wanted a pair of breeches; I shewed him several pair of leather-breeches; he seem'd very difficult; he at last put on a pair, and said, these will do; but we could not agree; he came back twice, and I could not take his money; there being but two shillings, between us, I went after him, to see if I could agree with him, I had lost him all of a sudden, but at last I came up with him in St. Giles's; there I found he had a pair of leather breeches, and the two sore pieces of a waistcoat, my property. I asked him how he came by them; he said I brought them after him. I then charged him with taking them. (Produced in Court, and deposed to.)

Thomas Baker . I was by the prosecutor at the time the prisoner was taken. (He confirmed the prosecutor's account.)

Prisoner's Defence.

I was in liquor, and know nothing of it.

Guilty .

[Transportation. See summary.]

7. (M) Maria, (wife of Samuel Devall ) was indicted for stealing two blankets, value 5 s. two linnen sheets, value 4 s. and one brass candlestick, value 6 d. the property of Simon Holmden ; the same being in a certain lodging-room let by contract , &c. Nov. 6 . ++

Simon Holmden . I keep an oil-ship , and live in Drury-lane . I let the prisoner a lodging ready furnished, the goods mentioned in the indictment were part of the furniture: she came on the 6th of November; about the 12th she staid out all night; I thought it did not look well, and went up stairs, with intent to give her warning. and saw all the bed was torn to pieces. I ask'd her what she had done with my blankets and sheets: then I miss'd a brass candlestick; she said she had pawn'd them, and would put them all in their places again. I ask'd her where she had pawn'd them; she said at Mr. Stiles's, in Castle-street. I went there; the pawnbroker said she had brought things every day, carrying one sheet one day, and another another day. I came back to her: she desired I would let her stay all night, and she'd get them again the next day. In the morning she said she would fetch them, and be in again in three quarters of an hour. She went out, and I never see her from that time, which was Friday, till the Monday after, when I found her in an alehouse. She had the key in her pocket all the time, so that I could not get into the room. (The goods produced in court, and deposed to.)

- Patten. I am servant to Mr. Stiles the pawnbroker; I took in the goods of the prisoner at the bar.

Prisoner's Defence.

I pawned these things for eight shillings; I thought to get them out again the next week: I did not do it with any intent to defraud the gentleman. I am very big with child: I have been in labour two days in Newgate.

Guilty .

[Branding. See summary.]

8. (L) Benjamin Blandford was indicted for stealing eight pounds weight of sugar, value 2 s. the property of Henry Constantine , Nov. 15 .*

Acquitted .

9. (L) James Sampson , was indicted for stealing 23 pair of stone buttons, one pair of silver shoe-buckles, two stock buckles, and six razors , the property of Edward Tymperon , Oct. 7 .

To which he pleaded Guilty .

[Transportation. See summary.]

10. 11. (L) Edward Langley and John Green , were indicted for stealing 168 l b, of lead, value 15 s. the property of Thomas Hudson and Edward Cole , fixed to a certain house or building , the property of Sir William Lee , Bart. Nov. 24 . ++

Thomas Hudson . The two prisoners were labourers at a building that Mr. Edward Cole and I had agreed to build.

Q. What are you?

Hudson. I am a carpenter .

Q. Where is this building?

Hudson. It is where the fire was, joining St. Magnus Church. We had at sundry times missed lead and iron from a room that we had locked up, and also from another place, in an old house that we were to repair, joining these buildings, at Fresh wharf. A neighbour gave me the descriptions of two men that he suspected, which were Green and Mend, who had stole some lead. I had people to watch several nights, but at last Adam Alsop saw them go in at the gateway: he came and told me of it; I bid him watch them again, and come to me to Fleet-lane, where I had had information they had sold lead. I went there, and got a constable to attend me. Alsop came, and told me he had seen them both come out, with each a bag on his shoulder. We waited in Fleet lane about an hour; Charles Mead came first empty, and the other after him, loaded with lead and iron: we took and secured them, and had them before Sir Francis Gosling , at Guildhall, the next day. Mead, in the mean time. offered to turn evidence, and tell us where he had sold lead and iron: he said he sold some lead to one Grayham in St. Giles's, that dealt in old lead and iron.

Q. Did Green confess any thing?

Hudson. No, he did not; we had taken the lead and iron upon Green, and that was produced there.

Q. What quantity of lead did you lose?

Hudson. We lost one hundred and three quarters of lead, cut from a flat on the top of a house.

(A piece of sheet-lead produced in court.)

This was not produced before the alderman, this we had from Grayham's house, after Mead had confessed: Grayham is now in custody, for receiving this and more. I and the constable went with Mead, and found it in Grayham's shop.

Q. Whose lead do you look upon this to be?

Hudson. I look upon it to be the property of me and my partner; it was fix'd on the top of a flat roof that belongs to Sir William Lee ; it had been a dwelling-house, but was then uninhabited.

Some iron bills produced.

These we found also; they did belong to the jibb at the water works at the bridge.

Q. What have you to say against Langley?

Hudson. I know nothing against him, but what Mead gives an account of: he charges him with being concerned only once, and says then he was much in liquor, and his dividend was but two shillings and two pence. I have enquired after his character, and find it very good.

Charles Mead . This lead here produced is what Green and I carried up to Grayham's.

Q. What do you know of Langley?

Mead. I know nothing of him but once; then we went into Fleet-lane, that was only once; Langley had no concern in taking this lead.

Q. Where did you get this lead?

Mead. We got it from off a flat at an old house joining to where the fire was, near St. Magnus church.

Q. to Prosecutor. Is that the place where you miss lead from?

Prosecutor. It is the very same place.

Mead. Green got it from off the flat. I and Langley pull'd it, while he cut it: Green had placed an old axe by on the joists, in readiness against night.

Q. What did you sell it for a pound?

Mead. We can hardly tell what we had a pound for it. We cut it to pieces in his shop, he had not weights to weigh it at once.

Q. What is he?

Mead. He keeps an old iron shop.

Q. What me did you sell it him?

Mead. We sold it him about 8 at night: we were there four times. We all three work'd together as labourers, at the buildings after the fire.

Q. How much lead did you sell in Fleet-lane?

Mead. There were 102 lb. but we were paid for but a hundred, at a penny a pound, 8 s. 4 d.

Q. to the Prosecutor. What does this weigh?

Prosecutor. This does not weigh above 25 lb.

Q. to the Prosecutor. What is the real value of old lead?

Prosecutor. I believe it was about 12 s. 6 d. or 13 s. a hundred, at that time.

Q. to Mead. What did you do with the money?

Mead. We divided it equally amongst us three.

Green. That Evidence was cast for transportation some time ago. ||.

|| See Mead tried No. 175 in Sir Charles Asgill 's Mayoralty, for stealing iron and lead, the property of Mr. Poe, at Islington.

Clerk of the arraigns. He has since got the king's pardon. [The letter produced.]

Adam Alsop . I am an apprentice to Mr. Hudson, I watched the prisoners several nights, but never could see them but once; they, Green and Mead, went down the gate-way, I was in one of the warehouses at the time, and about an hour after they came both up, loaded each with a bag on his shoulder; this was about 7 in the evening; I can't tell the day of the month. I told this to my master, he went, and I followed him, to Fleet-lane. They were taken and secured.

Q. Was you present when the prisoners were examined?

Alsop. I was, they confessed it before the alderman.

Q. Did both of them confess it?

Alsop. They did, both of them.

Q. from Langley. Did you ever see me with the prisoner or evidence?

Alsop. No, I did not.

Jonathan Bowles . I am a constable, I apprehended Green and Mead on the 4th of November. Langley was brought to me next morning.

Q. Was you present when he was examined before the alderman?

Bowles. I was, there Mr. Hudson charged them all three, and they all three confessed it.

Q. What did Langley say?

Bowles. He owed he had been concerned once.

Langley's Defence.

I had three or four of my master's promised to come, but they are none of them here.

Green's Defence.

I never did so before, Mead was the ringleader and author of it.

Both Guilty .

[Langley: Branding. See summary.]

[Green: Transportation. See summary.]

12. (M.) Patrick Grayham , was indicted for receiving 168 lb. weight of lead, value 15 s. the property of Thomas Hudson and Edward Cole , well knowing it to have been stolen by Edward Langley and John Green , Nov. 4 . ++

Thomas Hudson . We found the lead in the prisoner's house, which Langley and Green were convicted for stealing.

Cross Examination.

Q. Did the prisoner tell you what he gave a pound for it?

Hudson. He told me he gave a penny a pound for it.

Q. What is old lead worth per pound?

Hudson. At that time it was worth 12 s. 6 d. or 13 s. per hundred. I believe it is a customary price when they buy it in small quantities to give but a penny a pound; but this we call a large quantity.

Charles Mead . I was concerned in stealing this lead, we carried it to the prisoner's house, he took it in.

Q. Who carried it there?

Mead. Green and I did.

Q. What did he say to you?

Mead. He said nothing at all. I carried out parcel and Green another.

Q. What agreement was made betwixt you?

Mead. There was no agreement made. He weighed it before us in the shop.

Q. Was the shop open then or shut?

Mead. It was shut up, it was 8 at night.

Q. What did it weigh?

Mead. I cannot tell what it weighed, we cut it to pieces with a bill that he had in his shop; he had a half hundred weight, but he weighed it with small weights, and he puzzled us with those small weights: we could have counted it if he had weighed it with the half hundred weight.

Q. How many pieces were there of it?

Mead. There were four such pieces as this produced. [a piece of sheet lead produced, weight about 25 lb.]

Q. What did he give you for the lead?

Mead. He, the first time, paid us 7 s. 2 d.

Q. Did he tell you the weight of it?

Mead. He did not at that time.

[other pieces of lead produced.]

Adam Alsop . I weigh'd this lead, it was all found at the prisoner's house, it all weighed upwards of a hundred and a half.

Cross Examination.

Q. Are you certain this is the lead that you and Green carried to the prisoner's house?

Mead. I am, I helped cut it. I will swear to two pieces. [Pointing to two pieces that had many cuts as with a batchet on them.]

Q. At how many times did you carry this lead?

Mead. We went twice each of us.

Q. What did he give you for all the lead?

Mead. First he gave us 7 s. 2 d. and afterwards 5 s.

Q. to Hudson. What is 168lb. of that lead worth?

Hudson. It is worth about 17 s.

Q. to Mead. Did you never carry old lead there on a night so late, that Mr. Grayham did not think proper to pay you then, but referred you to come the next morning?

Mead. Yes.

Q. Why would he not pay you over night?

Mead. I do not know. He paid us in the morning. That was the second time of coming; we borrowed half a crown of him, and when we came the next morning the lead was weighted and put by; he had put the price down, and he paid us the other half crown. We never saw any more of the lead.

Q. Did you and your comrade together express your fear of carrying too large a quantity, for fear he should suspect you?

Mead. No, Green said, he knew Mr. Grayham would take it in.

Q. Did you not declare so before the Alderman?

Mead. No, I did not.

Q. Did you see Grayham each time you went there?

Mead. We did.

Q. Did you appear to be working men?

Mead. We did.

Q. Did he not ask you whether you sold it on how you came by it?

Mead. No, he did not, not a syllable.

Q. Did he ask you, whether you sold it on your own account, or on the account of any body else?

Mead. No, he never did ask such a question; he asked us no question, but told us to come rather sooner when we came, and not so late.

Q. Was it dark then?

Mead. It was quite dark, it was about 8 at night?

Q. How long is it ago?

Mead. It is near six weeks ago.

Q. Did he mention your coming by day light?

Mead. He did not mention any thing of that.

Q. What were his reasons for coming earlier?

Mead. He said, sometimes he was out of the way, and then he could not weigh it.

Q. Was Green an acquaintance of the prisoner's?

Mead. The first time I went without Green he refused buying it of me.

Q. Did he give any reason for that?

Mead. No, he gave none at all.

Q. Did he not say, he knew Green to be an honest man?

Mead. No, he did not; but he did not know me, he was very willing to take it when he saw Green.

Prisoner's Defence.

There was a quantity of lead that I had under my counter, with small lead in it, and they carried it away. There was more carried away than I bought of those men. I paid them 7 s. 2 d the first time; the next quantity was old iron in a lime bag, and some lead amongst it. It lay in the passage that night: I was not at home.

Q. to Mead. Did you ever carry any lead when the prisoner was not at home?

Mead. The third time it was that we carried iron, then he was not at home.

For the Prisoner.

Mrs. Brooks. I am a lodger in Mr. Grayham's house, and have been so for fifteen or sixteen months.

Q. Did he keep an open shop?

Brooks. He did, as a broker. I am very intimate with him and his wife too; I am very frequent in the shop, and have seen him refuse to buy things that have been brought to the shop.

Q. What is his general character?

Brooks. He is a man of very good character.

Cuthbert Loftey . I live in St. Giles's by Great Russel-street I have known the prisoner between fourteen and fifteen years; he is a plaisterer and bricklayer by trade; he buys old broken goods.

Q. What is his character?

Loftey. No body can deny his character; he is a very honest man. He would not buy any thing that he knew to be stolen. I know he would not. He has worked upon my estate, and brought me in fair just bills.

William Shakespear . I am a cheesemonger, and live in Broad St. Giles's. I have known him between four and five years. I have employed him several times, and found him a very just and honest man. He is a very industrious man, I do not think he would do a thing of this kind knowingly.

Dennis Farrel . I am a broker. I often purchase lead when it comes with other goods.

Q. What would you give a hundred for such lead as this?

Farrel. I should not give above 10 s. per hundred for it; I can't think it worth more to me to sell again.

Q. Are you acquainted with the prisoner?

Farrel. No, I am not.

Q. Suppose a parcel of such lead had been brought to you, at 8 o'clock at night, to be sold, what should you have thought of the persons that brought it; supposing a couple of workmen?

Farrel. If it had been brought to me at noonday I should not have bought it. I am a house-broker.

Alexander Webb . I am a bricklayer. The prisoner has worked for me about eighteen years, fourteen years constantly.

Q. What is his general character?

Webb. The honestiest man, I must say, that ever I employ'd. I have trusted him when he has had repairs under his care, it has been in his power to carry out ten ton of lead or iron, and I never missed any. He is the honestest man that ever existed I believe. I have sold lead at half a guinea and eleven shillings a hundred; but for a man that keeps an open shop, as this man does, I suppose he could not afford to give above a penny a pound, but it is not what I trade in. I believe he would not have bought it if he had known it to have been stolen. I have been laid up three months together with the gout, and he had the keys of all my stores, it has been in his power to rob me of a great deal. He keeps his wife, mother and four children by his industry.

Mr. Burbridge. I have known him about thirteen or fourteen years

Q. What is his general character?

Burbridge. It is that of a very honest man.

Mr. King. I have known him nine years, during that time I never heard any thing of him but what was very honest, and very good; I lived near him eight years.

Loftey. I beg to be heard again. I have more to say. I went to Woodstreet Compter with two gentlemen with me, I saw Mead, and asked him, whether Mr. Grayham did not ask him if the lead was honestly come by, and he said, he did; and, that he told Grayham, it was come honestly by.

Q. to Mead. Did you see this witness in Wood-street Compter?

Mead. I did, he came there and sent for a pot of beer; there were two other men with him. He told me, you may soften the thing with Mr. Grayham. and it will not hurt you, it will do you no harm, he has got a large family; you may soften the thing to him if you will. He gave me a shilling, and said, he would be with me again, and bring a friend or two with him, to give me some more the next day.

Q. Did you say to him, that Mr. Grayham ask'd you if the lead was honestly come by?

Mead. No, my lord.

Q. to Loftey. Did you give him a shilling?

Loftey. We had a tankard of beer, the prisoner came about us, and the place smell'd so, I said, there is a shilling, I can't stay any longer. I gave him that to drink.

Q. Did he pay for the drink out of that, or did you?

Loftey. I paid for the drink.

Mead's confession was read, wherein were these words: He never question'd me nor Green, how we came by the said iron, &c.

Guilty .

[Transportation. See summary.]

13 (M) Richard Roundson , was indicted for the wilful murder of John Fowler : he stood charged on the coroner's inquest, for manslaughter. Nov. 13 .*

Jos Guy . I knew the deceased John Fowler .

Q. How old was he?

Guy. He was a lighter-man's son, about eleven years old.

Q. Is he dead?

Guy. He is.

Q. How did he come by his death?

Guy. I saw Richard Roundson and his wife coming along: she had a child in her arms.

Q. When was it?

Guy. It was three weeks ago yesterday.

Q. What time of the day?

Guy. Between six and seven in the evening, there was a bonfire just by Pelican-stairs, near the Swan-alehouse ; they were coming towards the fire, and many people were about the fire.

Q. How far distance was he from the fire when you first saw him?

Guy. About four yards.

Q. Had he any thing in his hand?

Guy. Nothing but his stuff on his left-shoulder.

Q. What do you mean by a staff?

Guy. It was a boat hook. [A boat-hook produced in court, the staff about seven or eight feet long, an iron socket at the biggest end, with a sharp iron point to push forwards, and a hook to lay hold of any thing to pull it to.]

Q. What is the prisoner?

Guy. He is a coal-heaver .

Q. Is it is business to make use of such an instrument?

Guy. No.

Q. Tell what happened.

Guy. We had a tar barrel burning, and he took the hook and shoved it down. We asked him what that was for. He said for sun. Then said we, lend us the staff, and we will haul it up again. He said. I will haul it up myself. He was going to haul it up, and there came a serpent and hit him on the breast. Some call them squibs.

Q. How near the fire was he then?

Guy. He was within a yard or two of it, he had not taken the staff off his shoulder then: he took it from his left shoulder, and brought it over his right-shoulder, and made a violent blow right down.

Q. Do you know who threw the squib?

Guy. No, I do not.

Q. Did Fowler throw it?

Guy. No, he did not; he stood with his hands before him.

Q. Whereabouts did the serpent come from?

Guy. It came from towards Pelican-stairs, from a good way distance, it touched his breast, and fell directly between his legs.

Q. Were there many people about the fire?

Guy. There was a vast fight of people about, but only that boy John Fowler , and a surgeon's little boy, that was the minute before talking to him: he was gone a little way from Fowler; there were only these two boys near the prisoner: it hit Fowler over his head.

Q. Did the prisoner say any thing?

Guy. No, he never spoke, but shoved the hook backwards and forwards, to get it out of the child's brains.

Q. Was there a space between those two boys and the rest of the folks?

Guy. There was; they were on one side of the way, and the rest of the people on the other.

Q. Whereabouts was you?

Guy. I was standing just by, on the other side of the way.

Q. How far distance?

Guy. About five yards.

Q. Did you see the blow fall?

Guy. Yes, it light on the child's head, and he fell directly: he hauled the child between his legs, with the hook, before he got it out.

Q. Did you take notice which part of the iron went into the child's head?

Guy. I did not take notice then: I took the child up, and put my foot on the staff, that no body should take it away.

Q. Did not the prisoner speak at all?

Guy. He never spoke till he had got the hook out of the child's head: then he said, O Lord, what have I done! and let the staff fall out of his hands. I saw the child's brains come through his cap. I could not find him fetch any breath. I thought him dead.

Q. How long did he live?

Guy. He lived till the Saturday morning, and died about five minutes after three o'clock. Several people took hold of the prisoner, and he was carried before justice Berry.

Cross Examination.

Q. Did you observe he had a serpent flung at him before he got to the fire?

Guy. I did not observe that he had.

Q. Was there not such a staff as this made use of at the fire?

Guy. No, never a one.

Q. How did you keep the fire up?

Guy. We took our hands to it, and put the tar-barrel on with our hands.

Q. Did he put the tar-barrel on again?

Guy. No, he did not.

Q. Do you think he would have gone away if the serpent had not been flung at him?

Guy. I believe he would.

Q. Was it towards the way that the serpent came, that he struck?

Guy. No, that came before him, and he struck towards his left-hand, and the other little boy had left Fowler; so that he was alone standing by a post. The prisoner turned and struck directly as he turned.

Q. Was it light where Fowler stood?

Guy. There was the light of the fire.

Q. Might not that be to rest it from his shoulder, in order to see who threw the squib; or will you take upon yourself to say, that he mean, or levelled it at the lad?

Guy. No, I do not think he meant to level it at the lad, it was at somebody I believe; if it had been at any of us, it had been all the same: he struck with revenge, as I thought with resentment

Q. What was done then?

Guy. He pulled him down in the channel: I believe he was the worse for liquor: he let go the staff the minute he got it out of the child's head.

Q. Did he seem sorry?

Guy. He cried very much.

Q. On what part of the head was this wound?

Guy. On the right-side of the head: the lad was standing upright, and the blow came right down.

Isaac Newton . I was at the bonfire that night; the first thing I observed was the tar-barrel on the fire; there were three or four of us talking: then I observed the barrel was thrown down.

Q. Did you see who threw it off?

Newton. No, I did not; then I said, who has thrown the barrel off? Somebody in the mob made answer, that man with the boat-hook. I went up to him, and asked him the reason for so doing. I will not be sure whether he said for fun, or what. Then I asked him for the boat-hook, to put it on again; he said no, he would put it on himself; and I really think he was going |to put it on. Then somebody threw a squib from the mob, and it hit him on the breast.

Q. How far from the fire was he when you spoke to him?

Newton. He was got about four yards from it, when the squib hit him; whether the staff was on his shoulder, or not, I cannot say; but he up with the staff, and made a blow. He put both hands to it, and struck down right.

Q. Did you see him turn himself about at the time?

Newton. I did not, the blow light on John Fowler , who stood just before him.

Q. Was any body else standing before him besides John Fowler ?

Newton. I cannot say who else was standing before him; there were several people standing about there; they were all round about, as people commonly are about a fire.

Q. On what part of the head did the blow light?

Newton. On the right-side of the head; and when the boy was on the ground (by the violence of the blow) I saw the prisoner wriggle the staff two or three times. Then I turned myself, and went over the channel.

Q. Did you see him draw the hook out of the child's head?

Newton. No, I did not.

Q. Did you see what part of the staff hit the boy?

Newton. No, I did not; but it must be the hook, because he was troubled to get it out of the boy's head. When I was over the channel, I turned myself round, and saw the prisoner by the Swan-door: I went and took hold on him: we had help presently: then we hauled him down in the channel.

Q. What did he say?

Newton. I did not hear him speak a word, only he cried much, and made a noise.

Q. Did the child throw the serpent?

Newton. No, he did not.

Q. Had the child given him any affront?

Newton. I cannot say that he had. When we were going down the street to carry him to the watch-house, he said two or three times: O! what have I done!

Cross Examination.

Q. Did you see such another boat-hook as this used at the fire?

Newton. I can't say I did.

Q. Was you present at the watch-house?

Newton. I was.

Q. Where there any serpents thrown at him afterwards?

Newton. I did not see any.

Q. When he came into the watch house, was his face hurt?

Newton. I cannot say it was: it was dark.

Q. Do you think he was going to put up the tar-barrel?

Newton. I dare say he was.

John Platt . I was at the bonfire: I saw this man coming along with a boat-hook on his shoulder, and his wife along with him, with a child in her arms: he hauled the tar-barrel down. We bid him put it up again. He said, he would. Somebody threw a serpent at him, and struck him on his breast. He took the hook and t hrew it down with his two hands, and it light on the child's skull. He struck down-right from off his left-shoulder.

Q. Who threw the serpent?

Platt. I do not know that.

Q. Did you see him turn about?

Platt. I cannot say I did.

Q. Did he flourish the staff about?

Platt. I did not see him flourish it; he intended to make a blow at somebody, I believe; but who, I do not know. With that he took and wriggled the staff to get it out of the child's skull. Then we took and hauled the prisoner down in the chanel, and carried him before justice Berry. He said, O Lord, have mercy on me! as we were carrying him along: and Lord have mercy on my poor wife and children!

Cross Examination.

Q. Would he have put up the tar-barrel, do you think, if it had not been for the squib being thrown?

Platt. I believe he would.

Q. Did he seem pleased that he had done a thing of this sort?

Platt. No, he seemed concerned for it, and cry'd.

Q. Are you sure the child did not throw the squib?

Platt. I am sure the child did not.

Q. Which way did it come?

Platt. I do not know.

Q. Did any body throw any thing else at him?

Platt. I did not see any thing else thrown at him.

Thomas Fox . I saw the prisoner coming by the White Swan, with a boat-hook on his shoulder. He took the hook, and threw the tar-barrel down from the fire. He went about three or four yards; they laid hold of him, and said, what did you heave the tar barrel down for? he said, for fun, or some such words; we said, lend us your boat hook, and we'll put it up again; he said, no, I'll put it up myself; he went to put it up, and a serpent came and hit him on his breast.

Q. Do you know who threw it?

Fox. No, I do not; it came from a distance.

Q. Where was the hook at that time?

Fox. At that time the hook was on his shoulder; then he step'd forward and struck with as much force as ever he cou'd, and struck John Fowler over his head. He struck right forward.

Q. Do you think he aimed particularly at John Fowler ?

Fox. No, I don't think he did? he aim'd at somebody, for he step'd forward and struck with as much force as he could; after that he said, O Lord, have mercy on me! O Lord, have mercy on me, and upon my poor wife and family! and cry'd: we seiz'd him and heav'd him into the channel. He cry'd out, What have I done. We took him up, and carried him to the watch house.

Q. Did you observe any hurt upon his face?

Fox. No, I did not. The serpent hit him on his breast; it did not come near his face.

Cross Examination.

Q. What was he doing at the time this happen'd?

Fox. I believe he was going to put up the barrel again. I do not think he went to strike this poor lad. The lad stood with his hands in his pockets. He was quite a stranger to me. I saw the prisoner wriggle the hook to get it out, so that we should not see him, and I believe he was sorry for it immediately. He gave himself up, but his wife made more noise than he did by a great deal.

William Bean . I saw this man coming with a staff; one tar barrel was burnt, and we had got another fresh one on; he, with his staff, shov'd the tar barrel down. I, and another young man, went up to him, and said, what did you shove that down for? he said, for fun, or some such words; we said, lend us the staff, and we will put it up again; he said, no, I'll put it up again. There came a serpent and hit him on his breast, he took the staff from his shoulder and struck right down, and it happen'd to light on John Fowler 's head. I saw it go into his skull, and the prisoner wriggle and wriggle it to get it out again: it was either the hook or the sharp point that went into the skull. I don't know which. I ran a way to fetch the child's mother, so did not hear him say any thing.

Barnet Watts. I saw the prisoner coming along with a boat hook on his shoulder, immediately he shov'd the tar barrel down; he was going on a little further. we ask'd him for the hook to haul it up again, he said, he would haul it up himself: as he was going to do it, there came a serpent and hit him on his breast, which breast I can't tell. He immediately took the staff from his shoulder and struck right down.

Q. Did he brandish it about before he struck?

Watts. I can't say he did; I believe it was the hook part that went into Fowler's head. I saw the prisoner wriggle it backwards and forwards in the child's skull to get it out; he lifted the child up from the ground with it.

Q. What did the prisoner say?

Watts. I did not hear him say any thing.

Cross Examination.

Q. Did the man seem sorry for what he had done?

Watts. I believe he was sorry, but I can't say he was. I did not observe it.

Q. Did you observe the prisoner's face?

Watts. No, I took no notice at all of it.

Thomas Eaton . I was at the bonfire and saw the prisoner coming with his staff on his shoulder. He shov'd the tar-barrel down, one of the young lads ask'd him, what he did it for; he said, for fun; they ask'd him for the staff to haul it up again, he said, he would haul it up himself. There came a serpent and hit him on the breast, he took the staff from his shoulder and struck right down, and it fell on John Fowler , he shov'd it backwards and forwards once or twice to get it out of his head. People cry'd murder! he let the staff go, and the people took hold of him; he began to cry out very much, and roar; Lord, have mercy on me! What have I done! They took him to the watch-house.

Q. Did you observe any hurt on the prisoner's face?

Eaton. No, I did not.

Cross Examination.

Q. Were there a great many people there?

Eaton. There were.

Q. How did Fowler stand?

Eaton. He was standing by a post, and it hit him on the skull.

John Dulin . I am grand-father to the child; I did not see this done. The wound was on the right side of the head: the child liv'd with me; I was drinking a pint of beer, and as I came out of the ale-house, I heard these words ( Jack Fowler is killed.) I was affrighted.

Q. Was you with the prisoner before the justice?

Dulin. He roared out very much, Lord! what must I do: what have I done! I did not know him before I found he knew me. He said to me, O Mr. Dulin! what must I do! what have I done!

Prisoner's defence.

I had been at my day's work, and was come on shore. We went to the house where we use, to get a little money, and had two or three pots of beer. My wife came for me with the child to come home to get my supper. I took the child in my arms, and carried it along the streets; it being uneasy, I gave it to the mother. Coming just by Pelican-stairs, there was a mob and a bonfire; there were several squibs thrown, one of which came in my face, and another against my wife and child. I looked amongst the mob, and missing my wife, took up a stick, (I did not know it was a boat hook) shoved the fire down, and looked about for my wife: they were for getting the staff from me, and were hanging about me. Hearing my wife was in danger, I did not know what I was doing. The boys had me down in the mud amongst their feet; directly as they were pulling to get the hook from me, it fell down, and did this thing.

For the prisoner.

Samuel Jones . I had been to work along with the prisoner on the day this thing happened: in the evening we went to a publick house at Cole stairs to refresh ourselves with liquor.

Q. How long was you there?

Jones. We were there from about five till about seven, or a little after. The prisoner's wife came there with her child after him, and he went away with her.

Q. Had he any thing in his hand when he left you?

Jones. No, he had nothing at all.

Q. Had he not a boat hook?

Jones. No, no boat hook; he had his child in his arms, when he went out of the room to go away.

Q. Do you know any thing of your own knowledge what happened afterwards?

Jones. No, I do not.

Q. How long have you known him?

Jones. I have known him about a year and half.

Q. In what manner does he support himself and his family?

Jones. He works at coal-heaving, and sometimes he goes a voyage to sea.

Q. How has he behaved himself during the time you have known him?

Jones. As a peaceable quiet man: I never knew him to behave otherwise.

William Jones . I had been at work with the prisoner that day.

Q. Are you and the other witness brothers?

Jones. No, we are not. We had done a very hard day's work together; we went and had twopennyworth of beer each of us, and got our money as usual. His wife had been somewhere that way; she came in, and he took the child in his arms, and they went away.

Q. How far is this house from the place where the accident happened?

Jones. It is about 400 yards distance.

Q. Had he any thing in his hands at going away?

Jones. No, he had nothing in the world in his hands but his child.

Q. How long have you known him?

Jones. I have known him about five years, during which time I never saw a more peaceable man in my life. He is a man that strives for his family as much as any man in England; he is a very hard working man.

William Campbell . I lodge at the Lebeck's-head, near where this bonfire was. I saw the prisoner coming along that night: I saw a squib lodge on the left side of his nose, just as he came up to the fire.

Q. When you first saw him, had he any pole in his hand?

Campbell. Not to my knowledge.

Q. Had you seen any such thing used about the fire that night?

Campbell. Yes, here are more evidences can prove that.

Q. When he received the squib in his face, what was done?

Campbell. He came up directly, and put down the fire.

Q. What did he put it down with?

Campbell. With a boat hook.

Q. How long before he came there, had you seen a boat hook used at the fire?

Campbell. I had seen one about 3 quarters of an hour before that. I imagine he threw down the fire on the receiving that squib in his face. He was going away from the fire, and they followed him, demanding the boat hook of him to put up the fire.

Q. What was his answer?

Campbell. The words he made use of, I can't readily say; something past between the boys and him. As they were demanding the boat hook, a serpent came, and hit him on his breast, and in the struggle they called out a child was killed.

Q. Did you see the boat hook hit the child?

Campbell. No, I did not. After they had got him in the channel, I came up to him, laid hold on his collar as he was down in the channel, and said to the people, if you have a mind to take him a prisoner, do: don't murder him in the street.

Q. What were they doing to him?

Campbell. They were beating him in a very barbarous manner. I said, carry him into a house, and send for an officer. He never resisted, but cryed, O my wife and child! all the words we had from him in the channel, and when we had him up at the corner of the house, his words were only, O my wife and child! I am a stranger to both parties.

Captain Horrsby . I am captain of a vessel. I was in the expedition against Quebeck. The prisoner sailed along with me three or four years in different voyages; he was with me at Quebeck last year; two years before he was with me at Greenland.

Q. Of your knowledge of him how has he behaved himself?

Horrsby. He never was addicted to passion, but a peaceable, good natured, orderly man; never disobeyed my command. I have been told that a great many people received injuries by squibs that night.

Mr. Webb. I keep the White Horse right opposite where the fire was. When I shut my windows, I went out to see what was done; there were squibs flying about for 3 quarters of an hour before this accident happened: I saw also a staff thereabout 3 quarters of an hour before.

Q. Did you observe whether there was a hook to it, or not?

Webb. No, I did not observe that.

Q. Look at this (here produced) Was it such a one?

Webb. It was much like it.

Mr. Dyer. I have known the prisoner going on three years.

Q. How has he behaved?

Dyer. He has behaved extremely well. I am a coal-shovel-maker, and would take his word as soon as I would the best man that uses them.

Q. Do you look upon him to be a peaceable man, or otherwise?

Dyer. I really believe him to be a peaceable honest man.

Mr. Herrington. I have known him about seven or eight year.

Q. What is his general character as to temper and behaviour?

Herrington. He is as honest and quiet a creature as ever drew breath.

Thomas Fox . I failed with the prisoner three years, and have known him five.

Q. What has been his character with regard to his temper and behaviour?

Fox. A peaceable man as need to go on board of ship, as far as I ever saw of him.

Guilty of manslaughter .

We judge it necessary, as a caution to such who delight in flinging about firebrands, &c. to disturb their peaceable neighbours, here to insert the penalty and punishment in the act of parliament of the 9th and 10th of William the 3 d, made to prevent throwing squibs, serpents, and other fireworks: for every offence Five Pounds, and any person permitting them to be thrown out of their houses, or aiding and assisting therein, Twenty Shillings; and For want of goods or chattles, to pay the penalty, to be committed to the house of correction for a month.

[Branding. See summary.]

14. (M.) Mary Wilson , spinster , was indicted for the wilful murder of Ann Bourke , spinster , October 20 *.

Michael Bulger . On the 20th of October, about nine o'clock at night, as I was coming down Drury-lane , I saw the prisoner at the bar and Ann Bourke , the deceased, fighting; they fought about ten minutes while I was by them, and they had been fighting before I came up.

Q. What did they fight with?

Bulger. They hit one another with their hands, and knocked one another down several times.

Q. Where was this?

Bulger. This was in the street between two juttings out like bulks: they were both very bloody. Towards the latter end there came up one Spencer, a Jew, as I am told, a company-keeper of the deceased woman: he cried out to part them. I laid hold of the prisoner at the bar, and he of the deceased, and we separated them; then the deceased was very eager to fight again; I went away in about 10 minutes. After-wards Catharine French came to a house where I was drinking, and said the deceased was cur: at that time I looked upon the prisoner to be sadly cut, but she was not I found afterwards. I was told that the woman at the bar was up in a 2 pair of stairs room.

Q. Was any body with the prisoner in that room?

Bulger. She was alone, lying on the boards, and bleeding sadly. I first saw the deceased, after the fight, in Orange-court at Catharine French 's house.

Q. How far is Catharine French 's-house from the place where they were fighting?

Bulger. It is about a hundred or two hundred yards: she was bloody, and stabbed on the left-side her throat , and a cut on each side her face; and several others about her.

Q. Did they fight again after you parted them?

Bulger. I believe they did not. The deceased was taken away by the Jew, and the prisoner was left by herself in the street.

Q. How was the deceased as to strength?

Bulger. She was sitting in a chair: she was brought to justice Fielding's that night.

Q. How long did you stay with her at Mrs. French's?

Bulger. Not three minutes. Then I went and broke the door open where the prisoner lay bleeding on the floor. I brought her down; she was all over blood: she bled terribly at the nose, We took her to justice Fielding.

Q. Did you see any wounds on the prisoner?

Bulger. I did not examine her for any, neither did I see any. We carried them both (bloody as they were) to justice Fielding's. The prisoner was searched, but no weapons were found upon her; only a pair of scissars tied to her side by a piece of ribbon, about three quarters of a yard long.

Q. Were the scissars bloody?

Bulger. They were bloody all over, as her cloaths, to the top of the shanks.

Q. How were the scissars at the point?

Bulger. One side was pointed, and the other round. [A pair of scissars produced, about five inches long, with a ribbon.] These are the scissars.

Q. What did the deceased swear before the justice?

Bulger. There she said the prisoner gave her the wounds.

Q. Did she say in what manner?

Bulger. No.

Q. Did they fall often in those ten minutes?

Bulger. They were down very often.

Q. Did they both fall together at any time?

Bulger. I never saw them down both together, but both of them had been several times on the ground.

Q. Do you think the prisoner's mouth and nose bled from the blows the other had given her, or was it the other person's blood that was upon her?

Bulger. I am positive she bled at the mouth and nose, from the blows the deceased had given her: her mouth and nose were very bloody.

Q. How long did the deceased live after this?

Bulger. I believe she died ten or eleven days after. The prisoner was committed to the Gatehouse.

Q. Did you observe the prisoner at the bar to make use of a pair of scissars?

Bulger. No, I did not, I did not observe that; she had scissars about her, till we had her before the justice, and searched her.

Q. Where did you find the scissars, on the outside, or under her cloaths?

Bulger. They were hanging by her side, on the out-side of her cloaths.

Aaron Spencer . On the 20th of October, I was in Mrs. French's house: about nine o'clock there came a woman by the court, and said, young man, there is an acquaintance of your's a fighting. I ran out, there were the prisoner and the deceased a fighting by Orange-court, near the Plough-alehouse. There was a fellow there that said to me: You dog, if you come nigh them, I'll knock your brains out.

Q. How long did they fight after you came to them?

Spencer. When I came to them. Anne Bourke was on the ground, under the prisoner: I took her away directly.

Q. How did the prisoner lie upon the deceased?

Spencer. She lay sprawling upon her, and I took Bourke by force from underneath her.

Q. In what condition did they appear to be when you came to them?

Spencer. Anne Bourke was all over of a gore of blood; her black gown that she had on, and her shift, were both bloody, and cut.

Q. Did you observe the blood on Wilson to be her own blood?

Spencer. The prisoner said, I am bloody as well as she. I think the blood came from Bourke. She had a cut on her right cheek, it was cross her face. I took my neckcloth from my neck, and tied it round it; it was a very broad cut. I gave her to a young man, that was along with me, and he brought her to Mrs. French's. After that I observed a cut on her throat: when Mrs. French washed her, I saw all the wounds.

Q. How many wounds did you see?

Spencer. There were three or four by the side of her forehead, and two or three little ones on her face. Then I went out to see for the prisoner. Then she was shoved into the Plough-alehouse. Mr. Bulger opened the sash-window, and got in, and brought her out. Then a coach was sent for, to carry her to the justice. I jumped into the coach to go with her, and catched hold of her hands. She wanted to get them from me, for what I do not know. The deceased was in the coach at the same time. Another young fellow that went for a constable that I delivered the deceased to, to carry to Mrs. French's jumped into the coach with me. Mr. Fielding he deceased who stabbed her. She said, the prisoner stabbed her, and gave her them wounds.

Q. Did she say how?

Spencer. She could not tell how. She was a little in liquor, so could not tell with what the prisoner did it.

Q. What did she say when you parted them?

Spencer. All she said, when I took her in my arms, was: I shall die, I shall die. The deceased told me how the thing first began.

Q. When?

Spencer. The very same night, when she was sent home in a chair, I said how was the first of this quarrel? She said, I was at the corner of the alley with another young woman, Mary Wilson being by the corner of the court, there came two young fellows, and one laid hold of Mary Wilson , the other of her. After they went away, Mary Wilson said to her, You b - ch, what did you set your fellows to begin with me for? She said, she told her, she was but a stranger this way, and hoped she would not use her ill. Said Wilson, I wish I was drunk for your sake. Then the prisoner went in at the Plough-alehouse, and came out again, and gave her a blow on the face: then they fell to fighting.

Q. Did she tell you any thing about the manner of fighting?

Spencer. She said the prisoner gave her a blow, and she gave her another; and when she was down on the ground, she received some stabs from her.

Prisoner. That man was not there: I did not see him that night: he takes a false oath indeed. As for his character, it is very well known to a great many: he gets his bread in a very lewd, idle manner.

Catharine French . I know nothing about it at all: I could not get within ten yards of them, when they were fighting. The Jew's wife went out of our house for a pot of beer, and she went to fighting with that woman at the bar.

Q. Did you see the deceased afterwards?

C. French. I saw both of them afterwards.

Q. Which did you see first?

C. French. I saw the girl that is dead first, the Jew's wife, she came all bloody to my house.

Q. What did she say?

C. French. I did not hear her say a word.

Q. Did you observe any wounds?

C. French. No, I did not; I know not a word relating to this matter, no more than I have mentioned.

John Adams . When the prisoner was brought to Mr. Fielding's, all over blood. I took these scissars [here produced] from her side.

Q. Did you see her before she was brought there?

Adams. No, I did not.

Q. Where did you find the scissars?

Adams. They were on the outside of her cloaths, hanging by a string.

Q. Did you see the deceased brought in?

Adams. I did; but did not observe her: the prisoner was committed to the Gate-house: I went with her.

Q. Was there any blood on the scissars?

Adams. They were all over bloody. Mr. Fielding ordered me to take care of them, and I did. The holes where the fingers are put in, and the lower part of the string, were bloody.

Q. Did you take notice how far the string was bloody?

Adams. I did not take particular notice of that, it was specked on the string; but the scissars were all over bloody.

Jeffry Saul . I was sent for by Mr. Fielding that night about nine o'clock, to look at the deceased's wounds.

Q. What are you?

Saul. I am a surgeon.

Q. What wounds did you observe?

Saul. There was one very material one on one side the throat, near two inches deep I believe, by the windpipe.

Q. How wide was it?

Saul. It only admitted the end of the probe, which is as big as a large corken pin.

Q. What do you think that might be made with?

Saul. Some pointed instrument.

Q. Look at these scissars.

Saul. Very likely it was done with something like this: perhaps the very same.

Q. Was it a cut or a stab?

Saul. It was a stab.

Q. Will not the scissars make a wider wound?

Saul. Yes: but the skin will contract after the instrument is drawn out. The wound sometimes afterwards will not admit the probe: it was not a double-edged instrument, if it had, it would have made a broad wound. I do not imagine the orifice could have been broader than the edge of the point, it is not like a broad-edged tool.

Q. How was the direction?

Saul. That was in a streight line.

Q. What other wound you observe?

Saul. There was another on the right side of the neck, that was not half the depth of the other which I have mentioned, in the front by the windpipe; this was a wound of the same kind.

Q. What was the direction of that?

Saul. Streight. I mean right-forward, not slanting; it pierced inward to the centre of the neck, it wounded no blood-vessel any more than the former.

Q. Did you observe any other?

Saul. There was one upon her cheek, and another upon her forehead.

Q. What kind of a wound was that on her cheek?

Saul. It was an immaterial one, about the bigness of a sixpence: it was a cut made with some pointed instrument, in an irregular form.

Q. Did it look like a cut or a stab?

Saul. It looked like a cut, not deep, very shallow, just penetrated thro' the skin, and that on her forehead was of the same kind.

Q. Did you observe any other?

Saul. There was one on the fore part of her arm.

Q. What kind of a wound was that?

Saul. It was a punctured wound: a cut, I believe the instrument had gone thro' the skin; consequently there had been both a cut and a stab.

Q. How wide was it?

Saul. About the size of one's middle finger, pretty near a square; I believe it was torn in the fray by some fall; it was done very likely by the point of the scissars being drawn thro' it; none hung loose, it was dilated, a torn wound; I believe there were a dozen more stabs in divers parts of the body and arms, all inconsiderable fresh wounds, that would not admit of the probe.

Q. Mention the parts of the body where the wounds were.

Saul. Several on the arms, some on the breast, I cannot particularly say where; I attended her to her death.

Q. What did she die of?

Saul. She died of a fever.

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

Saul. I apprehend the wounds, and her irregular improper diet together, were the of her death.

Q. Were any of the wounds mortal?

Saul. No, none of them were in themselves.

Q. Can you say yes or no, whether any of those wounds were the occasion of her death?

Saul. In three or four days after she received those wounds she had a fever, which was attended with St. Anthony's fire; which, with improper diet, wanting fire. curtains to her bed, and other proper necessaries [they were poor people where she lodg'd] I believe to be the cause of her death.

Q. From the best of your judgment, can you say these wounds were the occasion of her death, or not?

Saul. I cannot say they were; I say they were in part the occasion of her death, together with what I have mentioned.

George Humphreys . On the 20th of October, between ten and eleven o'clock, I was sent for by justice Fielding to his house, there I found a woman fitting in a chair, covered with blood, laying with her head back: I saw a wound on her throat, which bled very plenteously. I felt her pulse, and found it low and languid, and she speechless. I introduced my probe into the wound in a direct line, and thought, by the direction of it, it had entered the windpipe. There was another wound in her neck, a flaunt wound: I attempted to introduce my probe there, and it gave her exquisite pain. This brought her to herself: she put up her hands, and desired me to desist: I examined a wound on her forehead, which was a transverse one, and another on the right-side of her neck, that went transverse about an inch; another in the arm, which seemed to be a lacerated wound, partly a stab, and partly a cut. There were several other wounds on the breast and arms, but none of them had penetrated thro' the skin itself.

Q. Did she bleed?

Humphreys. They all bled; I mean they did not penetrate all the skin: the most dangerous wounds were those about her head. The next day I attended her at her lodgings with Mr. Saul, and also dressed her wounds the day after that.

Q. Give an account of the nature of those wounds that you say were the most dangerous.

Humphreys. That on her neck was a stab, that on her cheek was both a cut and a stab.

Q. How deep was that in her neck?

Humphreys. I had got my probe in about half an inch, when she came to herself; it was downwards towards the jaw-bone; that on her forehead was a sort of a transverse one, not above half an inch long, not thro' the skin; the other wounds about her breast and arms appeared to be stabs more than any thing else: very small punctures: there were 16 of them in the whole.

Q. When did she die?

Humphreys. She dy'd, I was told, on the first of November; I did not attend her all the time; I was taken ill.

Q. Can you judge whether those wounds might be the cause of her death?

Humphreys. My operator opened the body, I came in after the operation was done. I examined all the wounds, particularly that in the throat, which I apprehended had penetrated the windpipe; I had it made clear four inches, and found it had not touched the windpipe. I examined all the others, and found them as I have described them. I cannot say any of the wounds were mortal. I apprehend she died of the sever which arose from those wounds.

Prisoner's Defence.

I did not do it. The night that it happened I was drinking at the Plough in Drury-Lane; I drank there 'till I was a little in liquor. I came out to the door, where was that woman and another; they had done something at salt-petre-Bank, and they came there to make their escape. This Jew belonged to her that is dead; there were he and another man who belonged to the other woman; those two men came by and I spoke to one of them. The other woman that belonged to her said, if she did not lick me, she would lick her; then she struck me, and I did give her a blow or two, but I did not use any unlawful weapons. As to that Jew, he would take my life away if he possibly could.

Guilty of Manslaughter .

[Branding. See summary.]

15. (L.) Amelia, otherwise Millicent Darlow , spinster , was indicted for stealing 18 l guineas, 1 half guinea, and 33 thirty-six-shilling pieces of Portugal money, the money of John Jefferey , from the person of Simion Jefferey , privately and secretly , Oct 4 .*

John Jefferey. I live in little Green-Arbour-Court, in the Little-Old-Bailey, I am bookkeeper and porter to carriers. On Saturday the 4th of October, I sent my brother Simpson Jefferys with a paper parcel which contained 250. in cash, from the Saracen's-Head, to carry it to Mr. Penton Nevil, in Naked-Boy-Court, by the New Church in the Strand; it was done up in a paper parcel corded and sealed, about the breadth of three fingers.

Q. What time of the day did you send him?

J Jefferey. Between 7 and 8 o'clock at night. It came up from Mr. John Burton , of Diss, in Norfolk, by the carrier that afternoon, he gave it into my hand.

Q. How do you know there was that quantity?

J Jefferey. I do not know it of my own knowledge but we always take it to be cash; and the gentleman has been in town since, and he says there was that sum.

Q. Did you ever see the money?

J Jefferey. No, the gentleman says he has returned upwards of sixty thousand pounds to this gentleman in London, and all went safe but this. He had wrote to me the same before he came to town. I got up on the Sunday morning after, and called my brother. The young man that used to lay with him, said he had not been at home all night.

Q. How old is he?

J. Jefferey. He is in the twentieth year of his age.

The Remainder of these Proceedings will be publish'd in a few Days.

THE PROCEEDINGS ON THE King's Commission 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 Thursday the 4th, Friday the 5th, and Saturday the 6th of DECEMBER,

In the first Year of His MAJESTY's Reign. Being the First SESSIONS in the MAYORALTY of The Right Honble Sir Matthew Blakiston , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER I. PART II. for the YEAR 1760.

LONDON:

Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.

M. DCC. LX.

[Price FOUR-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.

Q. WHERE did he lodge?

J. Jefferey. At my sister's in Cold-Bath-Fields: I went to the Saracen's-Head, and found He had not been there. Then I searched all the houses round the market, and could not find any thing of him. I went to the gentleman where he was to have carried the money. The gentleman told me he had called at my inn, to tell me to leave it till the morrow morning, their he would send his apprentice for it, and said my brother had not brought it to him. Then I sent a man and horse to Essex to see if my brother was gone down to my mother, and went and searched all the bad houses I could think of, but could not find any thing of him till last Sunday was a week, when I found him at the Crown, facing the Saracen's-Head, Snow-Hill. I had advertised it, and Mr. Bland, a banker's clerk, came to receive a bill at the Saracen's Head, and reading the advertisement, he told me he believed he could give me some information which way the money was lost; and likewise left a note for me to come there. I was directed to Mr. Campion, in Leaden-Hall street, there to ask for Mr. Moiat; he not being there, I told my business to the landlord he told me he had heard from a young man that lived with Mr. Bland, that my brother had been robbed by three creatures, at the Barber's-Pole, in Water-Lane, Fleet-street. I got a warrant against the prisoner, and two others, not yet taken. When I heard how the affair happened, I advertised my brother, ten guineas reward. When the prisoner was taken I took her before justice Welch; it being done in the city, he sent his compliments to the lord mayor, and sent her there.

Q. Where was she taken?

J. Jefferey. She was taken at the Boot, in Cross-Lane, by Drury-Lane. The lord mayor sent a marshal's man to take a coachman up that had taken those three creatures up in his coach, and carried them about on the Monday following. He is here an evidence.

Q. Did you get any of your money again?

J. Jefferey. There was only a guinea and half a crown, with a ring, which the prisoner had bought, taken from her then.

Q. What did the prisoner say for herself?

J. Jefferey. She said she had been in company with my brother, and he gave her 2 s. to lie with her? and, that they had been at the George alehouse, the bottom of Water-Lane, Fleet-street, and had said to the landlady, they call me a dishonest girl; now I have been with this man (meaning my brother) with this charge of money about him, and you see I have taken none of it; and made him pull it out and shew it her. She did not then confess she robbed him, but before the lord mayor she owned she had forty guineas of the money. I was present at the time.

Q. How did she say she got it?

J. Jefferey. She said the others shared it, and gave her what they pleased. She was sent to the Compter; and when my brother was taken, she was re-examined. Then she said she was kept constantly drunk, at the coachman's house, for three days. She said the other creatures burnt the purse.

Simson Jefferey. I was going with this parcel of money up Fleet-street: this girl called to me.

Q. When was this?

S. Jefferey. This was on the 4th of October, on a Saturday night, I was going to Nakedboy-court, in the Strand: she asked me to go in and drink with her. Accordingly I went in at Mrs. Sweetman's, at the George, the bottom of Water-lane. The parcel of money was then in my coat-pocket. Then we went and drank together: we had two pints of beer; and from thence we went to the Barber's-pole, in Ashentree-court.

Q. How long did you stay together?

S. Jefferey. We did not stay together half an hour.

Q. Where is Ashentree-court?

S. Jefferey. One end comes into Water-lane, and the other goes towards the Temple. About nine o'clock we came away from there: then the money was very safe in my pocket. When we came out, the prisoner called for Kate Brown : then we went to see for a bed.

Q. Had you been in bed at the Barber's-pole?

S. Jefferey. No, we had not the first time: we went all three of us there again, and staid there all night.

Q. Did not you in all this time bethink yourself of going of your message?

S. Jefferey. I had not forgot it in one sense; but I really was overseen in folly.

Q. Did you go to bed the second time of going there?

S. Jefferey. Yes, the prisoner was in bed all night with me, and Catharine Brown both.

Q. What time did you go to-bed?

S. Jefferey. We went to-bed about eleven o'clock.

Q. What did you do in the mean time?

S. Jefferey. We had some liquor brought up by Mary Maschall .

Q. Was you sober?

S. Jefferey. I was a little fuddled, but I can remember every thing very well.

Q. Where had you your liquor from?

S. Jefferey. I had it from Mrs. Sweetman's.

Q. What did you do with your parcel, when you went to-bed?

S. Jefferey. I put it into my waistcoat-pocket, and not a faithing demolished.

Q. How did you pay for your liquor?

S. Jefferey. I had money of my own in my pocket.

Q. Where did you lay your waistcoat?

S. Jefferey. I laid it on the feet of the bed; and when I awaked in the morning, my waistcoat was thrown into one corner of the room, and the money taken out of the pocket.

Q. What time did you awake?

S. Jefferey. I awaked just after it was light.

Q. Where were the two women?

S. Jefferey. They were gone.

Q. What did you do upon that?

S. Jefferey. Then I did not know what to do, or where to go. I went down into Essex, to a place called Chinkford-hatch.

Q. What money had you left?

S. Jefferey. I had none at all: I got into work there at threshing, with one Mr. Bruce, a farmer. I am from that country.

Q. When did you come to town again?

S. Jefferey. I came to town last Sunday was se'ennight. I had been apprentice to my brother five years, come April.

Q. To what business?

S. Jefferey. A book-keeper, and porter.

Q. How came you to come to town at last?

S. Jefferey. I was so uneasy in my mind, that I could not keep away.

Q. Have you ever seen this money, or parcel, since?

S. Jefferey. No.

Q. from Prisoner. Where was you first of all with me? There were two chairs, and a form in the room; and he gave me a couple of shillings. He had his money then.

S. Jefferey. That is all true: this was the first time: then we came out, and she called to Catharine Brown . It was an empty room, I don't know whose house it is.

Prisoner. He then treated me with liquor, and said: Now, my dear, I have got some money about me of great value. I said, If you have got ever so much, I will not meddle with any of it. After that we went into an alehouse, and made him shew the money there.

Q. Did you tell her you had a charge of money about you?

S. Jefferey. I had the parcel in my hand, in Mrs. Sweetman's-house; but I do not remember that I mentioned it to any body; but that was before we went the last time to the Barber's pole.

Elizabeth Sweetman . I live at the George-alehouse in Water-lane, Fleet-street.

Q. Do you remember seeing the last evidence at your house?

E. Sweetman. I do. It was on a Saturday evening the prisoner and he came to my house, and called for a pint of beer: there was another girl came in with them, who she was, I do not know. He treated them with gin and beer together, and each had a dram: he paid me five-pence halfpenny, and they went away all three together. They were absent about half an hour. Then the prisoner came in, and called me aside, and said, she wanted some rum. The man was with her. I have not seen him from that time till now. I asked her how much rum she would have. She said, a gill. I took a gill-glass, and filled it with rum, and she drank it. I went to pour out his glass, and she said to me; Mrs. Sweetman, many people give me a bad character, and say I am not honest: this young man has five hundred pounds about him, and you see I am honest. I started at the words, five hundred pounds, and said: If he has that charge of money about him, I do not look upon him to be the master of it, and desired him to make haste, and deliver your trust: drink none at all.

Q. Was he fuddled?

E. Sweetman. I did not look upon him to be fuddled. Said she, Shew it to Mrs. Sweetman, you are in an honest house. He took a parcel out of his right-hand pocket, about six inches long, and about three fingers in breadth, and offered it to me to weigh: I refused it, and desired him to make haste of his message, and not drink. They both went out together: she said, she would see him safe into Fleet-street, where she went with him. I saw him put the parcel into his pocket again.

John Cardin . I am a hackney-coachman: the prisoner at the bar, and two more women came to me, about three o'clock on a Sunday morning, the same Sunday the last witness speaks of, I cannot tell the day of the month, they said to me, they wanted a coach.

Q. Where was you?

Cardin. I was coming through Temple-bar, to go home into Coleman-street: they said they wanted to go towards the city. I took them into my coach: they ordered me to drive into St. John's street, or towards Islington. When I came there, they wanted me to drive them to some night-house, where they could have something to drink. I said, I could not drive them to any without going into Newgate-street. I drove them through Newgate, to a house that used to be the Coach and Horses. That was shut up. Then I told them, there was one in Fore-street. They ordered me to drive them there: I did. There they had some rum and water, and sat about an hour or two in the coach. They did not get out, it being so late the people would not suffer any woman to go into the house. Then they asked me if I knew of any house where they could lodge; and said, if I did, I should carry them the next day. I said I wanted refreshment for my horses; and I would take them to my home; and after that I would carry them where they pleased. I carried them to my home in White's-alley, Coleman-street: they paid me for carrying them there. There they staid till the afternoon. Then they wanted me to take them out towards Hackney, which I did. There was a gentleman's servant, that used to be at my house when he was out of place. They asked him to come into the coach with them. I drove them to Hackney and Clapton: I brought them back, and they desired to stay in my house another night. They did. The next morning they and that young man went in my coach to buy some cloaths in Smithfield, and Monmouth-street; and at coming back, he told me, he knew they had a great deal of money, and he wanted to get it from them. He asked me about it: I said I would have no concern in it; we will go and have a pint of purl, and look in the news-papers; perhaps they may be advertised, and we shall have the reward. We looked in the papers, and there was nothing at all about them. I went with them again to Monmouth-street, for a gown they had left to be altered, and brought them home again. They supped at my house. The young man did not go with them that time. I went to the public-house to fetch some beer for them; and the young man had brought five men with him. They came in, and said: You have got some women, that have done some wrong thing at your house, we are come to take them up: you should not harbour such. I said, if they have done wrong, they must answer it: you may come into the house, if they have done wrong, I shall not screen them. Two of the women were gone out into the garden, one was in the house. They demanded her, and the cloaths. I asked them to shew their warrant: they pulled out some papers, and put them into their pockets again. They said they were officers from justice Fielding, from Clerkenwell-bridewell. Then said I, take them there: they took that one away.

Q. Who was she?

Cardin. That was the prisoner at the bar; they took her to Moorfields, and put her in a hackney-coach: I followed them. They said, What does this coachman want? I said, she owes me two guineas for lodging, and I want to be paid; let me be paid for coach-hire, lodging, and board. They said, I should be paid; but if I went much farther, it should not be so well for me. I left my coach and horses in the street, and turned back. In the morning I thought I should find her in Clerkenwell-bridewell. I went there, but she was not there. I did not know any of them, except the young man. I went to a house where he used, and found Thomas Campion : I thought I knew him again, and taxed him with being one of them.

Q. Did you see any money the woman had?

Cardin. I saw five or six guineas amongst them.

Q. Did you see any parcel that they took that money out of?

Cardin. No, I did not.

Prosecutor. The coachman owned before my lord mayor to his driving them about and to their laying out seventy or eighty pounds.

Thomas Campion . I am a victualler in Leadenhall street.

Q. to Cardin. Is this one of the persons that came and took the prisoner out of your house?

Cardin. He is one of them.

Q. to Campion. What sign do you keep?

Campion. I keep the Hercules.

Q. Are you an officer?

Campion. No, I am not; all I know of this affair is, the young man, that the witness has been speaking of, that was along with those women, and was an acquaintance of the coachman's, came and told me he had been all day on Monday with three women, to Monmouth-street, and believed they might have laid out seventy or eighty pounds in cloaths; and that they would be at supper at the coachman's house, at seven at night; and if I would go along with him, and get two or three friends, we could take them and bring them to justice; and that it might do some good to some persons, that they had injured. He told me they had been at the George in Water-lane, Fleet-street, and had got a booty from a young man: so we went to the coachman's house.

Q. Had you a warrant?

Campion. No, we had none.

Q. What was your intent in taking her away?

Campion. We took her with intent to take her to New-Prison, Clerkenwell, for further examination.

Q. Why would you not let the coachman go with you?

Campion. We did not imagine he had any business along with us.

Court. Why, he knew more than you, and might have been a proper person to go with you.

Campion. He knew more than we, but he strove to screen it as much as any person.

Q. Why did you take her up Moorfields?

Campion. We took her that way with intent to take her to New-Prison, Clerkenwell; and had got almost as far as Old-street turnpike. We asked her what money she had got about her, when we got into Old-street road, from Moorfields.

Q. Were you then in the coach, or on foot?

Campion. We were on foot; she said, she had got some loose money about her. I said, You had better give us what money you have. She put her hand into her pocket, and I believe, she gave me about six or seven guineas, and some silver. What she gave me, I have got at home, to give the loser. We asked her if she had got any thing more. She said, no. Somebody along with us happened to put his hand towards her thigh: he said he felt a considerable weight, that seemed tied to her thigh. We thought it to be gold. Said he to her, we had better have that. She seemed to faint, and was going to tumble down. We took her along. She made something of a noise.

Q. What time of the night was this?

Campion. This was towards eleven o'clock.

Q. to Cardin. What time did they come to your house?

Cardin. They came between ten and eleven.

Campion. The watchman met us, and said: Where are you going with that woman? We said, we are of apprehension she has done something wrong, and we are going to take her into custody. The watchman asked her what they were going to do with her. She said, they were going to rob her. He took hold of her, and called us a pack of scoundrels, and said we had no business with her. We told him we knew what she had done, better than he. He said he would take her with him. I said, I only wished that we had got the rest of the money that she had got from her. The watchmen came round us; and one of the gentlemen that was along with me, received a blow from a watchman; it is scarce well yet; and he was obliged to run for it; and the woman was left with the watchmen, and the watchman owned she gave him eight shillings, to conduct her to my lord-mayor. Mr. Jefferey came to me, and I told him I had got some money of such a person; and if he could make it appear it was his, he should have it all.

Q. How came you to represent yourselves as officers?

Campion. I do not remember that we did: if we did, we did it with intent to do some poor person a piece of service.

Q. Is Old-street the direct way to New Prison?

Campion. We took her up Moor-fields, we thought that the best way.

Q. What! Did the watchman taking her away stop your desire of doing justice?

Campion. Yes.

Court. This transaction does not speak much in your behalf.

Q. What is become of the footman?

Campion. He was very ill.

Q. Where is he?

Campion. I cannot say where he is. Here is one gentleman here that was with me, and the others are to be found.

Q. What are the rest of the five?

Campion. One belongs to the Excise, another in a carpenter in Lime-street, the other was a gentleman's servant, and I believe the other is a carpenter.

Q. What office is he in that belongs to the Excise?

Campion. I believe he is in the Correspondent's office.

Q. How came you to think of carrying her to New Prison?

Campion. We had no notion where to take her to indeed.

Q. When did you first hear of this?

Campion. This was on Tuesday night, and the first I heard of it was the night before.

Q. When was the plan laid to take her to New Prison?

Campion. Towards six o'clock on the Monday night; the footman came to me, and the rest were present in the house at that time, or a little before.

Q. How came you to delay this till between ten and eleven.

Campion. We did not think of going at all at first.

Q. Why did you not go and carry her to the Compter? You was very near that.

Campion. I cannot say that, we were not acquainted with those things: some of them mentioned Clerkenwell, and I said, We will go there: it was all the same to me.

Q. Which of them mentioned Clerkenwell?

Campion. I do not know which of them it was.

Q. Did the watchman take her away by force?

Campion. Yes, and the gentleman here got a very bad stroke by one of them.

Q. How came you to take it in your heads to produce what you called warrants?

Campion. We did not do any such thing.

Cardin. They pull'd out a pocket-book with papers in it, but they did not shew any thing perfect; then they put the papers in the book again, and put it in their pocket.

Q. What did they call themselves?

Cardin. They said they were officers, and had a warrant against her.

Campion. There was no such thing as papers produc'd, to the best of my knowledge.

Thomas Lindsey . I am a carpenter.

Q. Where do you live?

Lindsey. I live in Lime-street: what Mr. Campion has said before is no more than what I can confirm. I know nothing more than what he has rehearsed.

Q. What induced you to go on this affair?

Lindsey. To relieve the injured, for publick justice: our motive was to restore to the person what had been taken away.

Q. How came it you did not carry her to the Compter?

Lindsey. We were apprehensive somebody might rescue her, and we took her the byest way we could, to secure her.

Q. Would it not have been as well to have carried her the nearest way, if that was your fear?

Lindsay. It would, if we had thought of it.

Q. Did you not go by the Computer to go into Coleman-street?

Lindsay. We did.

Q. Would it not have been better to carry her there, as Coleman-street is in the city?

Lindsey. Yes; but it was started to carry her out of the way.

Prisoner's Defence.

I never saw no more of the man after we went out of the George in Water-lane, and he had his money safe then: the other women took it, and put some money in my pocket; what it was I do not know. I do not know their persons, nor how they came by it. This was in the coachman's house. Those men took me in a coach, and gave me drink: they discharged the coachman, and searched me all over: they lifted up my petticoats, and searched under my stays: I thought they were going to kill me in the dark. As they were going into the fields I saw a watchman; I called out to him, they went over the way laughing. The watchman came, and took me into a publick-house, and gave me some beer. The coachman knows they put me in a coach, and he lowed us. I said, Dear Gentlemen, don't kill me.

Guilty of stealing, but not privately .

[Transportation. See summary.]

16. (M.) John Smith , was indicted for that he, on Robert Scholey , on the king's highway, did make an assault, puting him in corporal fear and danger of his life, and taking from his person two guineas, one half guinea, and one silver watch, value 4 l. his property and against his will , Sept. 30 .*

Robert Scholey. I live at a place called Little Thurock in Essex. I am a grazier . On Tuesday evening, the 30th of September last, I was returning from London. I set out from the Bull in Whitechapel, about 20 minutes after 9 at night, on horseback; about 20 yards, more or less, on the other side Bancroft's alms-houses . I past the prisoner at the bar. I believe it to be him.

Q. What makes you believe it to be him?

Scholey. Because my watch was found in his pocket.

Q. Was it moon-light?

Scholey. No, it was dark.

Q. What size man was it that you past?

Scholey. I described his coat, and the man, very near the prisoner, before I saw him.

Q. Was you in the high road?

Scholey. Yes.

Q. Was the man on horseback?

Scholey. Yes, I overtook and past him.

Q. What time of the night?

Scholey. This might be about half an hour past nine. I had a suspicion when I past him that he was upon some ill design, After I had past him I pull'd in. I was upon a young colt, upon a trot, at about 7 or 8 miles an hour. I did not think of seeing him more. I believe about 40 or 50 rods beyond where I passed him he came galloping, he on one side the road and I was on the other; when he got opposite me he pulled in?

Q. Did you observe how he was dressed?

Scholey. He was in no sort of disguise: he had a loose horseman's coat hung down halfway his boots. When he got opposite me, (the road is pretty wide) he unbuttoned the top part of his great coat and pulled out a pistol.

Q. How wide is the road?

Scholey. It is about 6 rods wide. I saw it before, it shone very bright, but when he turned and came up to me I was certain it was a pistol. He demanded my money, or he would blow my brains out, or words to that effect, and presented the pistol to me. I told him I had but very little money; he said, if I made a word he'd blow my brains out. I pull'd out two guineas and a half and a shilling, and gave it him: and went to turn off to go home. Whether he swore or not, he expressed himself in some odd manner; If I did not immediately give him my watch he would blow my brains out. I begg'd very hard for my watch, but he insisted upon having it; I gave it him. Then he asked me if I had any more money; I said no. I went to turn away, and my young colt ran against him, he asked we what I meant by that, and said, if I did not immediately go off he'd blow my brains out, and turned after me with his pistol in his hand. I had much ado to get my colt at first to go from him.

Q. how far did he ride after you?

Scholey. I am not certain how far; it may be twenty rod, or not so much; then he turned back again, and I rode forward.

Q. How long might he be with you?

Scholey. I quere whether he was not two minutes; he was some time in getting my watch and money.

Q. did you see his face?

Scholey. No. I saw nothing of his face; I believe he had nothing over it.

Q. Look at the prisoner well, and tell the court your belief.

Scholey. I believe him to be the very man, by his head of hair, no otherwise. I described him to have his own hair, turned up at the ends. I do not swear he is the man.

Q. Have you ever seen him since?

Scholey. Yes.

Q. What do you say to the prisoner's voice? you have heard him speak.

Scholey. I knew his voice as soon as ever I went into Newgate. I was asked if I knew the man; I said, I knew his voice more than any thing else, but I will not swear to him by his voice. I believe it to be him; and I believe I could swear it very safely.

Q. Did you go immediately home when he left you?

Scholey. I went as far as the Rising-sun, in Stratford parish, and lay there all night; in the morning I went to Rumford-market, where a cornfactor inform'd me, that a highwayman was taken in Whitechapel, and he believed a cheesemonger in Whitechapel was at the taking him.

Q What day was this?

Scholey. I was robbed on Tuesday evening, and this was the Wednesday, the day following. I took my horse and went to London, there I enquired what justice committed him to Newgate. I found it was justice Pell; I went with Mr. Pell to Newgate, and saw the prisoner in the tap house. Mr. Pell had given me my watch in my pocket. The justice ask'd the prisoner if he knew me or no His reply was, It is a very odd question for you to ask me; how is it possible for me to know a man that I never saw in the days of my breath. Mr. Pell ask'd me for the watch, then he said to the prisoner, Do you know this watch? he answered, Yes; Mr. Pell said, How came you by it, he answered, he bought it of a man in New-England, or New-York, and he could describe him, he wore his own hair, and that is as black as a coal; Mr. Pell said. Can't you tell his name? He said, It is time enough to prove that in court, and how he came by it.

Q. Did any thing pass between Mr. Pell and the prisoner, as to Mr. Pell's coming into the possession of the watch?

Scholey. No.

Q. Do you know, of your own knowledge, how Mr. Pell came into the possession of it?

Scholey. No; here are people in court can give an account of that. [The watch produced in court and deposed to.]

Q. How long have you had it?

Scholey. I have had it I believe three years. I question whether there are three watches like it in London.

Q. What is the seal?

Scholey. It is a brown chrystal, set in silver. I know it to be my own, this is the very watch and seal I had taken from me that night.

Richard Tipler . I, being an officer, was sent for to take the prisoner at the bar.

Q. When was this?

Tipler. It is two months ago or better. They had beset the house; I went in and up two pair of stairs. On the first pair I ask'd the woman of the house, (who goes by the name of Kitty) If there was any man there; she said no; then, on the next pair of stairs, there was a woman just got out of bed; I said, Have you any body belonging to you here? she said, no. There were two closets, I opened one of the doors, there stood the prisoner at the bar, I laid hold of his hands. He had a huntsman's great coat on, and this whip in his hand, (producing a small hand-whip) with boots and spurs on. Thomas Sherman said, That is the man, and gave me charge of him.

Q. Whereabouts is this house?

Tipler. It is in Dark's-alley, Whitechapel.

Q. What was he charged with?

Tipler. Sherman charged him with stopping and robbing him near Mile-end.

Q. Did the prisoner hear that?

Tipler. I dare say he did. Then I ordered Sherman to assist me, for fear he should shoot me.

Q. What did the prisoner say?

Tipler. He said, What are you going to do with me? are you going to rob me? Then he said, I thought you were going to get a warrant for me for a new suit of cloaths of 6. which I owe. I searched him, and found a powder-horn with powder in it. [Produced in court.] Sherman said he was sure there was a pistol; the prisoner said, No, there was not. then we went down stairs; the woman of the house, upon being asked, said, The man brought in a pistol; then the man of the house went below stairs and brought up a pistol; where he had it I know not. I asked the prisoner, If that was his pistol; he said, he would tell that when he came before the justice. I carried him before justice Pell, there I ask'd him, whether there was another pistol; he said, No, there was no more than that. The justice ask'd him, if that was his pistol; he said, Yes, it was his pistol. [The pistol produced.] He said, he bought it at Bristol.

Q. to prosecutor. Look at the pistol.

Prosecutor. I can't swear to the pistol.

Tipler. The justice order'd me to search his pockets; I pull'd out this watch here and two guineas and some silver. After that the prosecutor came to me, and said, you have got such a watch, and described it every way. I went with him to justice Pell's, and there delivered it to the justice, and the justice to the prosecutor. It is a very remarkable watch. There were several bullets found on the prisoner, how many I cannot say, there were several. He was committed for robbing the gentleman's servant. I did not see the prosecutor till after the prisoner was in Newgate.

Q. What did the prisoner say for himself?

Tipler. He said he had been a soldier, and was discharged, but would not tell what regiment he had belong'd to.

Cross Examination.

Q. Do you remember the prosecutor saying it was so dark that he would not swear to the prisoner?

Tipler. No, I do not remember that. Sherman, the gentleman's servant, did swear to him, that he robbed him. I never saw the prosecutor and prisoner together before now.

Thomas Sherman . I was going along with the prisoner before the justice, I observ'd him to fumble in his fob; when we got there he was ordered to be searched: there was a watch found, the same that the prosecutor has owned: the prisoner said there that he bought it in New York.

Q. How came the prisoner to be suspected?

Sherman. I happened to be in Whitechapel-road, and I saw the prisoner go into a bawdy-house: I watched him in, and knew him to be the man that had robb'd me the night before (which was the 30th of September) over-against the old almshouses, before you come to the weighing-place at Mile end.

Q. How near Bancroft's alms-houses?

Sherman. About a mile and half from them. He was on horseback, a dark bay horse, dressed in a horseman's light coloured coat, very loose, with nothing over his face.

Q. to Prosecutor. Do you recollect the colour of the man's horse?

Prosecutor. I thought him to be a black one; I was frighted.

Richard Weston . I first saw the prisoner in the alley on the Wednesday morning when he was taken; I was present when the constable apprehended him: we found this powder-horn upon him, and I found the pistol in a closet below stairs, in the same house where we found him: we found the watch and leaden bullets on him at the justice's.

Q. What did the prisoner say?

Weston. He said he was not guilty.

Cross Examination.

Q. Did he say what he was? Did not he say he was a lieutenant in the king's service?

Weston. He said he was a sea-faring man, and came from New York.

Prisoner. I know nothing of the matter: I have witnesses here to prove where I was at the same time.

Prosecutor. He has mentioned he will bring witnesses to prove where he was at the time: I hope I have liberty to send for witnesses to prove where he baited his horse that night.

Court. Send for who you will.

Prisoner's Defence.

That night I was taken there came a countryman to me at the Hand and Coffee-pot in Warwick-lane, and brought me word that they wanted me at Gravesend. I brought a watch with me from New York; a man there said, That is a pretty watch, let me look at it. He asked me to swap watches: he was eager to swap: I believed his watch was better than mine, I swapp'd with him, and gave him ten shillings to boot: I was a little in liquor. I had been down to Gravesend about a cask of rum, that a captain sent me from Virginia. I went from Mrs. Archbold's to this Hand and Coffee-pot; then I went to the Bull in Whitechapel, and then came back to the Hand and Coffee-pot again: there I saw Clark. I staid there I believe till about five.

For the Prisoner.

Susanna Archbold . The prisoner was in company with me, the last night in September.

Q. Where?

S. Archbold. In Water-lane, Black-friars. I made half a dozen shirts for him, and he came for them that night.

Q. What day of the week was it?

S. Archbold. It was on a Tuesday.

Q. What time of the evening?

S. Archbold. He came at six in the evening, and staid till between ten and eleven; then he went away.

Q. How do you know it was that day?

S. Archbold. It was the day after Michaelmas-day.

Q. Do you know any thing of his character?

S. Archbold. I have known him 16 years: he sails with my husband: he is an honest young man, as far as ever I heard of him.

Q. Are you any relation of his?

S. Archbold. No, I am not.

Q. What was he doing all that time he was with you?

S. Archbold. He came in liquor, and he fell asleep in an elbow-chair.

Q. What time did he awake?

S. Archbold. He awaked about nine; I finish'd his last shirt, and he took them away with him, and I saw no more of him.

Q. Who were in the house at that time?

S. Archbold. All the lodgers; but there were only him and me together.

Q. Were you in one room all that time together?

S. Archbold. We were.

Q. When had you finished the last shirt?

S. Archbold. About ten.

Q. Do you lodge in that house?

S. Archbold. I do.

Q. Whose house is it?

S. Archbold. It is the house of Mr. Jordan, a baker.

Q. What makes you sure it was the day after Michaelmas-day?

S. Archbold. Because that was on a Monday.

Q. What circumstances had you to remember that was the day?

S. Archbold. I know it was that day.

Q. How long was it before any body applied to you to recollect yourself about it?

S. Archbold. It was about a week after that I heard he was in Newgate, charged with a robbery; then I said I would take my oath on it.

Q. Did you go to see him?

S. Archbold. I did.

Q. Who told you he was in Newgate?

S. Archbold. The gentlewoman's name is Lovegrove.

Q. Who told you he was charged with a robbery?

S. Archbold. I did not know that till I went to Newgate.

Q. What day did you go to Newgate?

S. Archbold. I can't tell the day of the month; I believe it was about a week after; I believe it was about the Wednesday or Thursday after.

Isaac Clark . I was in company with the prisoner about two months ago yesterday.

Q. What day of the month?

Clark. I cannot tell; it was the very day he was taken

Q. Where was you in company with him?

Clark. At Mr. Houton's, in Warwick-lane, at the Hand and Coffee-pot, by Newgate-market; it was some minutes before one o'clock: he continued with me some little time, and went away: between one and two I went into the market.

Q. Who were there besides you?

Clark. There were several people that belong to the market.

Q. Had he any conversation there with any body about a watch?

Clark. I know nothing of that.

Q. What is his character?

Clark. I never heard an ill character of him before this in my life.

Q. How long have you known him?

Clark. I have known him two or three months.

Q. What are you?

Clark. I am a gardener. I know this was on a Wednesday morning, betwixt twelve and one o'clock, because that was market-day.

Prosecutor. He was taken on a Wednesday morning.

Elizabeth Williams . I am a midwife. I have a small acquaintance with the prisoner; he came to my house at the desire of a friend, who desired I would let him stay a little while there, for he was in trouble: she desired I would let him stay till it was made up, as he was a little in debt: he never was out but one night while he was with me: he went away from me the Monday before he was committed, about six o'clock in the morning, and never returned again.

Charles Penton . I have known him about five months; he lodged in the neighbourhood at Brentford, and I used to shave him.

Q. What was his character in the neighbourhood?

Penton. Very honest, as far as I know; he always paid me honestly: as for any thing else, I know nothing at all of it.

Mary Prudence . I have known him within this twelvemonth.

Q. Where do you live?

Mary Prudence . I live at Brentford.

Q. What is his character?

Mary Prudence . He is a very honest man, as far as ever I saw.

Q. What business did he follow?

Mary Prudence . I never knew him follow any business: he has lived there always since I knew him: he went down to Gravesend once in the time.

Mrs. Fitzpatrick. I have known him about five or six months.

Q. Where do you live?

Mrs. Fitzpatrick. I live at Brentford.

Q. What is his general character?

Mrs. Fitzpatrick. He had a very good character while he was there: he behaved extremely well, in a very decent manner.

Prisoner. I went from Mrs. Archbold's house to the Hand and Coffee-pot in Warwick-Lane that night.

Sherman. Here is the woman in court at whose house the prisoner was taken, if the court please to examine her: I do not know her name, any farther than Kitty.

For the Prosecution.

Catharine Needs . I live in Dark's-court, Whitechapel, it is the same place that is called Dark's-alley; the prisoner at the bar, some time in last March, had a lodging at my house; he was up and down in Whitechapel that night; I saw him between ten and eleven o'clock, from alehouse to alehouse, I mean the night before he was taken. He was taken on the Wednesday, and on the Tuesday night he was riding about Whitechapel; the neighbours were laughing at him, to see what a fool he made of himself: he was drunk, and when the watchman was beating the hour of eleven, I desired him to go and put his horse up, and the watchman went away with him.

Prisoner. Sherman's master ordered him to prosecute me right or wrong; and this woman makes a common report of it, that she shall have the pleasure of drinking my health with a Tyburn ticket in a bowl of punch. She is a base woman, and carries a knife in her bosom in order to cut people down.

Isaac Palmer . I live at the Bull in Whitechapel, I and my brother keep it: the prisoner came on the 30th of September, and put his horse up at our house.

Q. Did you know him before?

Palmer. No, I had never seen him before.

Q. What time did he come in?

Palmer. He came in between twelve and one in the night; I saw him come in, and served him with a glass of brandy. He staid some considerable time, and I saw his horse taken care of. I asked him if he would take a bed with us: he said no. I let him out at the wicket, and he asked if he could have his horse between four and five in the morning.

Q. Do you know where he was on that night, about nine o'clock?

Palmer. No, I do not.

Acquitted .

(M) He was a second time indicted by the same name, for that he, on the king's highway, on Thomas Sherman did make an assault, putting him in corporal fear and danger of his life, and taking from his person one shilling, his property, and against his will , Sept. 30 .*

Thomas Sherman. I was going out of Whitechapel, very near nine at night, in a single horse-chaise, for Leighton-stone, to my master's country house.

Q. What is your master's name?

Sherman. His name his Cleaves. Just before I came to the alms-houses, I saw the prisoner at the bar on horseback behind me: he came up to me, exactly over-against the alms-houses: there were lights in the windows.

Q. Whereabouts are those alms-houses?

Sherman. They are just before you come to the weighing-place, I believe almost a mile from the stones-end. The cover of my chaise was down, so that I saw him behind me. He came up plump to my chaise, and bid me stop: my horse went on a little way, and he d - d me, and said he would blow my brains out, if I did not stop that instant: the horse stopped directly. Then he demanded my money, watch, and pocket-book; and said, I had writings about me. I told him I had not any. He d - d me, and insisted on searching me; and made me stand upright in the chaise, at the edge of it, that he might lean from his horse, and search me. He had drawn a pistol at his first coming up, and he held that in his hand. After he had searched me, he said: D - n you, I have found but one shilling, you have got more about you; and said he was very sure of it. He searched my breeches, and my breeches knees; and said, I was a gentleman, and had more about me. I said, I am a gentleman's servant, and have got my livery on, and desired him not to hurt me. As I was going away, he said: D - n you, I have lost my whip, get out of the chaise and look for it. I got out of the chaise, and looked about, but could not find it. I said, pray, Sir, take my chaise-whip. He took it, and went off with it; and upon hearing my chaise did not come on, he came back again, and overtook me, and said: Are not you the lad that I was with? I said, yes. He gave me my whip, and said: Here, d - n you, take your whip, I have found my own. Then I asked him to give me my shilling again, but he would not, but away he went towards London, and said: D - n you, if I find you stop, I'll come back again, and blow your brains out. There were lights in every window at the alms-houses, and four houses altogether; and I was close to them, in the middle of the road, and that is not very broad there.

Q. How far from the farthest of the houses?

Sherman. Not above eight, or nine, or a dozen yards at most: I could see his face distinctly: the moment I saw him, the next morning, I knew him again, and dogged him into the bawdy-house, where he was taken.

Q. How long was he with you?

Sherman. He was with me six minutes to the full, on and off.

Q. And afterwards, when he came up to you to give you your whip, could you see him then distinguish him?

Sherman. That was by the weighing-place, where I saw him first; there is a lamp on each side, but he did not stop much there: I cannot say I saw his face there. I am very sure he is the man that robbed me that night. The next day I came up to London, about eight in the morning, and had just put up my horse at Mr. Fillingham's, at the George-inn, Whitechapel. I saw the prisoner riding along in Whitechapel: I knew that was the man that had robbed me the night before. He went down Dark's-alley, and sat on horseback with his back towards me. I went to the oil-shop at the corner of the alley, and asked the gentleman if he knew that man: he said, he did not know him. I said he robbed me last night. Then I went to the man that keeps the Yorkshire-Grey, and told him the same: he advised me to get a constable: he went himself: the first time the officer would not come: then he went again, and he came. I stood and watched. The prisoner put his head out at the door, half way; and the very moment he saw me, he went in and shut the door. He had hung his mare at the window. I observed he sat on his mare five minutes before he went into the house. He knocked the people up. One of the ladies in the house heard some bustle in the alley; and somebody said there was a highwayman in that house. I believe she gave him the item: he looked out: I saw he had only his red waistcoat on, the same he has on now; and I know he had that on when he robbed me. Then a little while after he came out with his whip in his hand, and a great-coat on, in order to get on his horse: I called out to the people not to let him go out of the alley. Upon which he went in again. Then the officer came, and I told him the man that robbed me was in that house. Said the officer, you must go into the house, and shew me the man. I went in with him, and up one pair of stairs they shewed me another man, and asked me if that was the man. I said no. Then they had me up another pair of stairs, there was a woman in bed, and another getting up. There we found the prisoner in a closet. I charged the officer with him. Then we searched him, and found a powder-horn in his pocket. In going to the justice's I saw him fumbling in his breeches: I thought he had got a watch: I spoke to the justice to have him searched. He was searched, and the watch, produced on the other trial, and some leaden bullets, were found upon him. I charged him with robbing me: he denied it, and said: I was a false man. After that he fainted away, and desired the justice to ask him no more questions, for he could not resolve them.

Cross Examination.

Q. Can you be exact as to the time you was robbed?

Sherman. I cannot, but I believe it was about nine o'clock.

Q. Was it light or dark?

Sherman. There were some stars appeared.

Q. How long had it been dark?

Sherman. I cannot say how long, I know it was almost nine o'clock before I set out of Whitechapel.

Q. How far was the chaise from the lamps?

Sherman. About twelve or fourteen yards, or not so much.

Q. Had you ever seen the man before?

Sherman. No.

Q. Can you take upon you to swear the prisoner is the man?

Sherman. The next morning I knew him to be the man, as sure as I stand in this place alive.

Q. How was he dressed?

Sherman. He had a great-coat on, buttoned round his neck; but not when he shewed the pistol.

Q. Was not his face partly hid by the greatcoat?

Sherman. No, I saw his face fully.

Q. Whether you did not declare you would prosecute him right or wrong?

Sherman. No, Sir.

Richard Weston . While we were disputing whether we had best take him, there came a woman in the alley, and said, he had been there about eleven, and made a sort of uproar. I saw him taken in the closet, and the powder-horn taken from him; and the man of the house told me where the pistol was. I carried it up stairs, and asked him if it was his; he said it was; I asked him if he had any more; he said he had not.

Richard Tipler . I am the headborough, I found the prisoner in the closet; I asked him what business he had there? He said, he had had some cloaths, and thought I had got a warrant against him. He said, Do you want to rob me? We searched him, and found this powder-horn in his pocket; and before the justice, we found the watch and bullets on him. He acknowledged the pistol to be his before the justice, and that he bought it at Bristol.

Catharine Needs . The prisoner came to my house the morning he was taken, between eight and nine, or about eight, his horse was standing by the door; he ran up stairs, there being no back door to get out at: there he was taken.

Susannah Archbold , and Mary Prudence , deposed on behalf of the prisoner, as in the former trial.

Guilty Death .

17. (M) James Hicks was indicted, for that he, together with Samuel Sulingwood , not taken, did steal one quart silver mug, value 7 l. the property of Charles Webb , in the dwelling-house of the said Charles , Sept. 25 .*

Charles Webb. I keep a public-house , the Blackamoor's-head in Exeter-street . On the 25th of September, Richard Norris , and the prisoner came into my house, about one o'clock in the day, and called for a tankard of beer. A girl brought a plate of meat for them, and they called for a pennyworth of bread: after that a pint of beer to put in their tankard. When they went away, Norris brought the tankard to me in the kitchen, and said: I shall come and smoak a pipe with you in the evening. In the evening, between six and seven, Hicks came in, and called for a tankard of beer, a paper of tobacco, and two pipes; and said, he had an acquaintance a coming to smoak a pipe with him. I carried him the beer in a silver mug; he then had not on his soldiers cloaths, but was disguised; but I knew him again. I came out and went to the door, and there was Norris at the window, and Samuel Sulingwood was at the door. He asked me if I knew one Mr. or Mrs. Thompson. I said, no, I was a stranger in the place; and said, Mr. Norris, you may know better than I. He leared up at him, and said: I cannot say I know them, but I'll tell you where you may know; and he took him to a brandy-merchant. I was called up stairs. I was not two minutes above. I was coming down, my servant met me on the stairs, and asked me whose tobacco that was that lay in the back-room. Hicks was smoaking a pipe there, when I went up stairs; but then he was gone, and the silver mug, and had left his paper of tobacco on the table. I never saw the mug since. I ran out of the door immediately, but saw nobody stirring.

Richard Norris . James Hicks and I went in and dined at the prosecutor's house, about one o'clock: afterwards the prisoner, Sulingwood, and I, agreed to come and have a tankard of beer at night, and take the tankard away. Hicks was to go in and call for a tankard of beer, and bring the tankard away with him; and I and Sulingwood were to be at the door. Hicks went in and brought out a quart mug. It had no lid to it. We all got in Surry-street. After that we went to a house near the water side, where we got another tankard. We sold them both to a Jew, a day or two after: I do not know his name, nor where he lives: he was brought to us by one Margaret Pierce , who lives in Ashentree-court. I was advertised five guineas reward. So I went and surrendered myself to justice Fielding, to get rid of the whole affair.

Prisoner's Defence.

I know nothing at all of it. That fellow has got a bad character, he draws people in on purpose to take away their lives as fast as he can. What he says is very false, he will do any thing to save his own life.

Acquitted .

(M) He was a second time indicted for stealing one silver quart tankard, value 6 l. the property of John Few , in the dwelling house of the said John , Sept. 25 .*

Richard Norris. That very night which we took the quart mug from the Blackamoor's-head, we went to the house of Mr. Few, in Essex-street .

Q. Who went?

Richard Norris . I, Sullingwood, Margaret Pierce , and the prisoner at the bar, went there about seven or eight o'clock, on the 25th of Sept. we had drank one tankard of beer, and called for another; and while the landlady went down for that, the prisoner took a silver tankard out of a cupboard. The cupboard is by the bar. Then he went out, and put it somewhere, and came in again; and we paid for the beer, and came all away directly. We sold that, when we sold the silver mug, to the same Jew. Pierce fetched him to us at a house in Queen-hithe. We had four shillings per ounce. He weighed it in a single scale there. It came to about four pounds.

Q. What is the sign where it was sold?

Norris. I don't know the sign, it is at the right-hand side going down.

Anne Few . I am wife to the prosecutor, there were three men and a woman came into my house on a Sunday night: they pretended to be going over the water in the ferry. The prisoner and Norris were two of them. This was between nine and ten at night. They called for a tankard of beer. I had nobody up but myself. They sat and drank that. Then one of them said, It is a shame to trouble the house for a tankard of beer, let us have another. Then they ordered me to fill it again. While I went down to draw it, I missed the prisoner at the bar: he was gone from the place where he sat. The others said he was gone to fetch his sister. Then one of them started up, and gave me three pence for one tankard: the other gave me a six-pence: I gave him the three-pence, and they went away. I looked at the six-pence immediately, and found it was a bad one. I ran to the door, and took the man by the coat, and said, 'Tis a bad six-pence. The other said to him: You must give the woman good money; but away they went, and I never saw any more of them. As soon as they were gone, I looked in the cupboard over the bar, and missed a silver tankard. I had just before put it there, with two other tankards, and a pint-mug I mistrusted they had taken something. My husband went next day to Mr. Fielding's, and had it advertised, and two guineas reward. I heard no more of it till justice Fielding sent for me. Then the evidence was there. I never saw my tankard since. The prisoner was taken, and I was at Mr. Fielding's when he was there. He denied knowing any thing of the matter.

Prisoner's Defence.

I know nothing at all of it: I never was in that woman's house in my life.

Acquitted .

(L) He was a third time indicted, for that he, together with Richard Norris ||, did steal one silver tankard, value 7 l. and one silver pint mug, value 40 s. the property of William Robinson , in the dwelling-house of the said William , Sept. 19 .*

|| Norris having been admitted an evidence, was not set to the bar, neither could he be admitted an evidence in this trial, as he stood charged in the indictment.

William Robinson . I keep the Crown-alehouse in Camomile street . On Friday the 19th of Sept. between five and six in the evening, Norris came into my house; he shook hands with me, having before done business for me as a Marshal's-court officer. Soon after him came the prisoner in a mighty hurry, and said: He had lost thirty pounds by a Jew, and had brought Norris to arrest him. Norris and another man had been several times in my house the week before. They were admitted into a room, where we do not admit any body; none but neighbours and people of reputation. They pretended they had extraordinary business, and they must go backwards. It is a private room, that faces the door. I was that day bottling damsins, for the West-Indies. The door stood open. I had at that time two tankards, and three mugs, in a cupboard in that room; the place where they constantly are, when not in use; and the door was locked. The key was delivered to my boy, to get a tankard out: he went and fetched one while they were both in the room: he left the key in the door. In that tankard was carried beer for my brother, and another man, who drank it in that room: they drank the beer, and went away, and left the tankard on the table. After they were gone, the prisoner and Norris were very peevish, because they could not have the door shut, being, as they pretended, on particular business. They shut the door. They drank two six-pennyworths of rum and water out of a silver pint-mug, which was taken out of the cupboard for them. I believe they might stay there twenty minutes, or half an hour. When they went away, Norris came out first, about a minute before Hicks, and then he came out in a great hurry, saying: Which way is Norris gone? which way is he gone? if I miss him I am utterly ruined. He had a bag under his right-arm, folded up, about the bulk of a quart, and a pint within-side it.

Q. Had he such a bag when he came into your house?

Robinson. If he had, I did not observe it. When he got out at the door, he cried: Hip, hip, hip. Norris turned towards Duke's-place, and the other after him. We went immediately into the room, and found the cupboard-door locked, and the key was hid. We found it soon after put under some things in an egg-basket. We opened the cupboard, and missed a silver tankard, and a silver pint mug. I pursued them amongst that nest of thieves in Duke's-place, but could not meet with them. I never heard of the tankard and mug since.

Q. How was Hicks dressed?

Robinson. He was not in his soldier's cloaths, but in a light coloured jacket, with little buttons, like a sailor.

Mary Hill. I live with Mr. Robinson. I was at this time helping Mr. and Mrs Robinson in the fore room. I thought them to be thieves, and set myself in a particular place to watch them. Hicks had nothing under his arm when he went into the room, that I am certain of. I went into the room, and took the tea-things out of a cupboard, and locked the door again. Hicks said, he had been tricked out of 30, by a Jew in Duke's-place, by one Levi that keeps a publick house, a smooth faced man. They said, perhaps I might know him. I said, There are many Levies in Duke's-place; and went out of the room. When I went in to carry the tea-things, they asked me to drink. I went in a third time, then Hicks cry'd like a child whip'd with a rod, pretending he was ruined, and the like; and said, he would not mind giving half a guinea could he get the man. He came out two or three times, and always shut the door after him; at last Norris came out, and Hicks shut the door after him; after that he came out with a parcel under his arm in a bag, near as big as a couple of tankards, and said, Which way is Norris gone? and gave me a shilling for the rum and water which they had had; I said, you may be sure he is gone towards Duke's-place. He went to the door and cry'd, Hip, boy, Norris! and away he went; I saw nothing more of them afterwards. Mr. and Mrs. Robinson, and I, went into the room immediately, there stood the tankard Mr. Robinson's brother and another gentleman had drank out of, and the silver pint mug they had drank out of. The cupboard door was lock'd, and the key hid; when we found it, we looked into the cupboard, and missed a silver tankard and silver pint mug. We have not seen either of them since.

Q. to prosecutor. Where is the lad that unlock'd the cupboard door.

Prosecutor. He is in court, but he is but eleven years of age last February, and a weak lad as to understanding.

The lad was set up, but not knowing the nature of an oath, he was not sworn.

Prisoner's defence.

I do not know where the prosecutor lives. I know nothing at all of the man.

He called Sergeant Trigg and Sergeant Mac Grigor , who gave him a good character.

Acquitted .

18, 19. (M.) Terrence Smith and John Churchill , were indicted for stealing eighteen linnen handkerchiefs, value 20 s. the property of John Cooner , in the shop of the said John , Nov. 21 .*

Mary Cooner . I am wife to John Cooner, we keep a haberdasher's shop near Lincoln's-Inn-Fields ; my window was broke on the 21st November, and a dozen and half of linnen handkerchiefs were taken away from out of the window. I was in the parlour, and hearing the window break, I ran into the street directly, but they got off. I saw somebody run, but who they were I cannot say. I never got my handkerchiefs again.

Isaac Urell . I am upwards of sixteen years of age. The first night that I went with the two prisoners, was to the Hay-market, to steal things.

Q. Do you know any thing of stealing handkerchiefs from the prosecutor's shop?

Urell. Terrence Smith show'd me twelve handkerchiefs on a Friday night, that he had taken out of a window. I was with him and Churchill when Smith broke the window and took them out, and we ran through the court where the butchers live; and we sold them to a woman near a cobler's stall in Monmouth-street, on the left-hand side going up, for eight pence a piece. I broke another window in Long-acre about a week after, and was catched; then I was made an evidence.

Smith's defence.

I know nothing about it. I am just come from the coast of Scotland.

Churchill's defence.

I am very innocent of the affair.

Both acquitted .

(M.) Terrence Smith was a second time indicted, for stealing eight linnen handkerchiefs, value 3 s. 6 d. the property of Janet Mills , spinster , Nov. 22 .*

The principal evidence was Urell, the accomplice, unsupported by any witness of credit.

Acquitted .

20. (M.) Esther Tinkler , spinster , was indicted for stealing one hat, value 6 d. one cloth coat, value 3 d. one pewter tea-pot, value 4 d. one pair of worsted stockings, value 1 s. one scarlet cloak, value 6 d. one black sattin bonnet, value 6 d. and one white linnen handkerchief, value 4 d. the property of Luke Pointer , Oct. 16 .*

Acquitted .

21. (M.) Mary Lawless , spinster , was indicted for stealing one pair of stone ear-rings set in pinchbeck, value 1 s. one smelling-bottle set in silver, and one muslin neckcloth, value 1 s. the property of James Powell , Nov. 12.*

James Powell . On the 12th of November the prisoner was my servant . I keep a public-house at the corner of Warder-street, Oxford-road , the prisoner was a little fuddled, I got my wife to see what brandy and rum were missing, then I bid her search her room; she did, and found a smelling-bottle; and, in a nutmeg-grater, she found two ear-rings, my property. [Produced in court.] The neckcloth was taken from her in the gatehouse by my wife.

John White . I was at the prosecutor's, and saw the smelling-bottle brought down stairs; and after that I saw the ear-rings found.

Q. Did the prisoner confess any thing?

White. No, she did not own that she stole them. I was along with Mr. Powell in the Gatehouse, when she took the neckcloth from the prisoner.

Prisoner's defence.

I am innocent of it. This he does not to pay me my wages, nor let me have my cloaths.

Q. to prosecutor. Do you owe her any thing?

Prosecutor. I owe her about half a crown.

Acquitted .

22. (M.) Robert Regan , was indicted for stealing one pannel saw, value 2 s. one tenant saw, value 4 s. and two chissels, value 1 s. the property of George Leak , Oct. 21 . ++

George Leak . The prisoner and I both work'd for one master. I missed the tools mentioned in the indictment, on the 22d of October. I took the prisoner up, and charged him with taking them: he own'd he had, and had sold them to Mr. Howard, where they were found. [The tools produced and deposed to.]

John Howard . I bought these tools of the prisoner at the bar for 8 s, 2 d.

Prisoner's defence.

The prosecutor gave me liberty to take some tools to do a job.

Guilty .

[Transportation. See summary.]

23. (L.) Anthony Coe , was indicted for stealing 4 lb. weight of cuttings of brass wire, value 2 s , the property of Edward Pitts , Dec. 4 . ++

Guilty .

[Transportation. See summary.]

24. (L.) Mary, the wife of Thomas Mowls , was indicted for stealing 2 lb. weight of Spanish wool, value 3 s. the property of persons unknown, Nov. 8 . ++

Guilty .

[Transportation. See summary.]

25. (L.) Thomas Baker , was indicted for stealing one silk handkerchief, value 3 s. the property of James Cofield ; and one cotton handkerchief, value 2 s. the property of Catharine Dowdal , Oct. 27 . ++

Acquitted .

26. 27. (M.) Sarah Fowler , spinster , was indicted for stealing 15 pair of ruffles, value 15 s. 5 linnen shifts, value 10 s. 7 linnen aprons, value 3 s. 6 d. 6 linnen caps, value 1 s. 6 d. 3 silk handkerchiefs, 3 muslin handkerchiefs, 2 lawn handkerchiefs, 2 muslin neckcloths, 6 guineas, and 25 s. in money numbered, the property of William Carson ; 3 pieces of silk for handkerchiefs, value 1. 10 s. and 5 pieces of ribband, the property of Henry Clark , in the dwelling-house of the said Henry ; and Sarah Bradford for receiving the same, well knowing them to have been stolen , Sept. 25 .*

Mrs. Carson deposed to the goods and money mentioned, being missing, and that she charged Fowler with taking them; that she confessed that she had taken them, and delivered them to the other prisoner, and that she had never seen them since. Fowler being but betwixt ten and eleven years of age, the court directed the jury to pay no regard to the confession.

Both Acquitted .

28. (M) Robert Burch was indicted, for that he, on the king's highway, on Giles Bentley did make an assault, putting him in corporal fear, and danger of his life, and taking from his person one silver watch, val. 40 s. three linnen shirts, value 10 s. one pair of garters, one linnen handkerchief, one pair of leather shoes, three pair of worsted stockings, and eight shillings, in money numbered, the property of the said Giles, and against his will , Dec. 2 ++

Giles Bentley . I am a soldier in the guards ; William Webb , and the prisoner at the bar, and two other soldier s, had been tempting me to desert: last Tuesday night Webb and I set out together: going along the road it was very dark; I perceiv'd somebody behind me; I said, Here is somebody behind: we went but a very little way, before a man came up, and knock'd me down with a stick. Webb went from me. I had the watch, money, and things, in my pocket, that are mentioned in the indictment, and four guineas more; I put them in my breeches, and in the struggle they slipp'd down, so that the man could not find them: he took my watch, two half-crowns, and six shillings, and my cloaths: he said, I know you have more money about you. I struggled with him, but found I could not manage him: he beat me so that I lost the fight of one eye above a day, it is very bad now; then he left me.

Q. Where was this?

Bentley. This was near Shepherd's bush ; it might be somewhat after seven o'clock: he told me he knew I had more money about me: I knew him by his tongue to be the prisoner at the bar. I had bought this watch of him but about three weeks before, and he saw my money then, when I paid him for it. Webb had some of my things in his pocket. Then I was forced to get a lodging as I could; and being hurt and bruised, my head was giddy, I hardly knew where I was. I came to London the next morning, and went to my quarters at Westminster, where I found the prisoner and Webb, and told them how it was, and that I had a great suspicion of both of them. They seemed to be greatly surprized, and were for going to the place where I was robb'd: then I went to the place where I had taken lodgings, and told the man of the house (whose name is Murray) what had happened. He went up stairs, and found my shirts, garters, handkerchief, shoes and stockings, that I had been robb'd of, in Burch's brother's room.

Q. Was his brother a soldier?

Bentley. No, he was not.

Q. How long have you been acquainted with the prisoner?

Bentley. Ever since Michaelmas; we had been together ever since we inlisted: then Mr. Murray went, and told my serjeant of it: we took the prisoner up last Wednesday morning; he was search'd, but nothing found upon him.

Q. Was the watch found upon him?

Bentley. No, it was not: the prisoner had not his regimentals on when I was robb'd, it was a light coloured coat. Before the justice he said he changed his coat that day with another soldier, that was going to inlist a recruit.

Q. Could you see his face?

Bentley. No, I could not, then I thought there was a plot betwixt Webb and him.

Q. Did the prisoner lodge in the same house as his brother did?

Bentley. No, he did not.

Q. Were his quarters searched?

Bentley. No.

Q. Was you sober?

Bentley. I was, and I know that the prisoner has the very same voice as the man that knock'd me down and robb'd me.

Serjeant Trigg. On Wednesday, about 11 o'clock, Mr. Murray (at whose house the prisoner was found, and where his brother lodges) came to me, and acquainted me that a recruit belonging to me had been very much beat, and robb'd.

Q. How long has the prosecutor been amongst you?

Trigg. About five weeks: he came out of Gloucestershire.

Q. What regiment of guards do you belong to?

Trigg. To the third regiment. I went with Mr. Murray, and there found Bentley, the prisoner, and Webb. I asked Bentley how he came beat in such a manner; he took me on one side, and told me that Webb had advised him to desert eight or nine days before, and that Webb and he went on the road betwixt Tyburn and Acton, and there he was knock'd down and robb'd by a person, which he believed to be the prisoner at the bar: those were three recruits, that came up to town together.

Q. Did he say he was positive to the prisoner?

Trigg. No, he did not. The landlord of the house told me there were things found in the prisoner's room which Bentley had said he had been robb'd of, before the landlord found them; then I went, and charged the prisoner as my prisoner: a constable came, and we took him to a justice of the peace in the Strand, with the goods that were found. There Bentley swore to them. The defence the prisoner made was, that he had changed his coat with a man who was going to inlist a recruit in Hedge-lane: that was a coat found in his brother's room, bloody, a white coat, of the prisoner's.

Q. to Bentley. Was you bloody after this treatment?

Bentley. I was very bloody.

Prisoner. I lent my coat, which was a white one, to a soldier, to go and inlist a recruit, and I walk'd a little way with him.

David Murray . The prisoner's brother lodged with me: the prosecutor came to my house last Wednesday morning, very much bruised and bloody; one of his eyes was quite shut up, so that he could not see out of it: he enquired after Webb, and told how he had been robbed, and in what manner: after he had told me I recollected that on the Tuesday in the afternoon, about four o'clock, I saw Webb and the prisoner go out together; the prisoner had a white coat on, with metal buttons, and a large stick in his hand.

Q. Where do you live?

Murray. I live in Westminster. I found that Webb had had a young man sent for him from an alehouse hard by, that Wednesday morning, about a quarter after ten. I let the person in to call him.

Q. Where was Webb then?

Murray. He was then at his lodgings in my house; I can't positively tell when he came in: he went over to the alehouse when the young woman came. I heard there were some stains of blood on the person that sent for him. When the prisoner went out on the Tuesday afternoon there were no stains of blood, but there were the next morning, and they were done over with chalk; that made me me go up to the room where his brother lodg'd: the brother told me the prisoner lodged with him that night. I had left the door for Webb to come in, so I know not what time either came in. I went up into the brother's room, the key was in the door, there was a coat lying in a careless manner on the bed; I turned it over, and saw spots of blood all chalked over: I saw a pair of shoes and stockings all dirty; then I went to a pair of drawers, in one drawer I found a shirt, bloody about the wrists, the blood seemed fresh upon it; I found the linnen and things that Bentley had said he had been robbed of; then I put a padlock upon the door, and went for a constable; he not being at home, I went to the justice, and told him the affair: he bid me take care of the man: then I came home, and carried up Bentley to see the things; he said they were his, and what he had been robbed of over-night. [The bloody coat and shirt produced, also the things found in the prisoner's brother's room deposed to by the prosecutor, as part of the things he was robbed of that night.]

Sarah Jenkins . A young man came to the alehouse where I live, opposite to Mr. Murray's; he sent me for Webb: he came to the young man, I believe it was the prisoner at the bar, it was like him. This was about ten o'clock on the Tuesday night. Mr. Murray told me he thought Webb was gone to bed, but Webb soon came down stairs. They went out directly, I do not know where they went, and we immediately made our door fast.

Q. to Murray. How far is Shepherd's Bush from Westminster?

Murray. It is about five miles from my house.

Prisoner's Defence.

I lent my coat to a soldier with a great deal of swearing. I would not at first, till he followed me down to the Horse-guards. He said the fellow looked a little shy. There came another man up, and said, We are going to enlist a recruit, and we have a suspicion he is a deserter, and if he is, you shall have share of the money. I lent him my white coat, and he let me put his red coat on, and I did not see him for three hours after: when he came back again I gave him his coat, and he gave me mine, and he gave me those things, and said, if I would take care of them, he would come in the morning, and pay me for my trouble: here is Sarah Webb saw me with a soldier's coat on, between six and seven that night.

Q. to Prosecutor. What time did you and Webb set out that night from Westminster?

Prosecutor. We set out between 5 and 6 o'clock.

For the prisoner.

Sarah Webb . I saw the prisoner in a street in Westminster, as I was going of an errand, between six and seven o'clock that night: he asked me if my husband was at home: I said no, and he went directly back again; I cannot tell where he went.

Q. Who is your husband?

Sarah Webb . That Webb that has been mentioned in this trial.

Q. to Murray. Does this woman live with her husband in your house?

Murray. She does.

Q. Was she at home or abroad that evening?

Murray. To the best of my knowledge she was at home.

Thomas Harris . I saw the prisoner betwixt six and seven that night, to the best of my knowledge he had a red coat on: he said he had lent his own to a man that was going after a deserter.

Q. Where was this?

Harris. This was by Charing-cross.

Acquitted .

29. (M) Francis Maiden , otherwise Murden , widow , was indicted for stealing three linnen shifts, value 5 s. and one check apron, val. 1 s. the property of Catharine Pain , widow , Nov. 25 . ++

Guilty 10 d.

[Whipping. See summary.]

30. (M) Anne Cook , widow , was indicted for stealing one linnen sheet, value 3 s. the property of Susanna Sansum , widow , Oct. 11 . ++

Guilty .

[Transportation. See summary.]

31. (M) Thomas Allen , was indicted for stealing one copper, value 40 s. the property of John Carver , and one hempen-sack, value 1 s. 6 d. the property of John Dowdswell , Oct. 29 .*

Acquitted .

32. (M) John Delamare was indicted for stealing one pint silver mug, value 30 s. the property of Henry Hesketh , Nov. 29 .*

Henry Hesketh. I live at the Seven-stars, Brick-lane, Spitalfields . About eight in the morning, on the 29th of November, the prisoner came to my house, and called for a pint of purl: after he had drank that, he called for another. He drank out of a silver mug. He called one John Squires to drink with him. I went about some business into Rosemary-lane, and staid till near ten, when my wife came and told me a silver pint mug was missing. I sent her home to look after the prisoner. He brought it home the same day, but I never heard him say a word about it. The other witnesses can give a further account. If I had had a mug worth a thousand pounds, I would have trusted him with it. I have trusted him with many a mug.

Sarah Squires . I live in Winsford-street. The prosecutor, sent to my house after the mug was lost, as my husband had been at his house along with the prisoner. I went to the prisoner's house, and asked him about it: he owned he had it, and went and carried it home again, and delivered it to the prosecutor's wife. He said he only took it out of a joke. I have known him a great many years, and never heard any ill of him before.

John Squires . I was drinking with the prisoner that morning in the prosecutor's house. I parted with him, and never saw him till he brought the mug to the prosecutor's house.

Prisoner's Defence.

I remember nothing at all of it. I had two or three pints of purl with Squires, and got quite fuddled.

He called Sarah Burdown , William Murray , Sebetine Begill, Isaac Otway , and John Lemastre , who all gave him a good character.

Acquitted .

33. (M) Samuel Francis was indicted for stealing one large silver spoon, value 4 s. and five tea-spoons, value 5 s. the property of Christopher Shaw , Oct. 16 .*

Richard Bilton . I am a waiter at the Golden-cross, Charing-cross. The prisoner used our house for about a fortnight, in which time we lost two spoons in two days. Three days after I missed two spoons in one day. He came a little time after, and staid in the coffee-room about four hours alone, walking backwards and forwards. I put the spoons on a shelf in his presence. I suspected him, and just as he went out of the house, I ran into the room, and missed one. I went to the door, but he was out of fight: he never came to our house after that.

Q. What do you say about a large spoon?

Bilton. There were two table spoons lay amongst the rest, and one was taken away, and this left in the room of it. [Producing a large spoon made of French-plate.] After this I met him near the Savoy in the Strand: he began to dodge me, to go down into the Savoy. I took hold of him, and said, I was glad I had found him. He said, For God's sake for what! I took him to a friend of mine, and then to Mr. Pearson's shop, a silver-smith, under St Dunstan's-church, I having been told one of our tea-spoons was there. The young lady that bought the spoon said, the prisoner was very much like the person that she bought it of, and she believed he was the man. The spoon was there produced, I know it by the mark, the same as the rest; but it was broke in two pieces. [Produced in court, and deposed to.] He would own nothing before the justice.

Mary Pearson . My father keeps a silver-smith's shop under St. Dunstan's-church, Fleet-street. [She takes the spoon in her hand.] I think the prisoner is the same person that sold me this spoon: I gave him 2 s. for it. It was about a fortnight or three weeks before Mr. Bilton came to our shop to inquire after it.

John Wood . I live at the Union-coffee-house, Temple-bar. The prisoner used our house about three weeks, in which time we lost seven silver spoons: we suspected the prisoner; I went to enquire at the pawnbrokers and silver-smiths for the spoons; and on the 15th of October, I found this spoon at Mr. Pearson's, which appears to be Mr. Shaw's property.

Bilton. I lost the last on the 9th of October.

Wood. I described the prisoner to Miss Pearson: she said she bought this spoon of such a person.

Prisoner's Defence.

I believe it is very well known that where things are missing in a house, it is impossible to fix it upon any one person. He says I was in the room alone, walking backwards and forwards. I rang the bell to give him a glove that was left in the room. I apprehend if I intended to take any thing away, I should not have rang the bell. He says as soon as I went out, he went in and missed the spoon. I think he should have come to me immediately: then I should have been taken with it it in my possession. If he did not immediately pursue me, other persons might as well be suspected as me. This, his not pursuing me, is a strong proof of my innocence. I had but just come to town, and my prosecutor met me. I saw a man in the dark of the evening pass by me: I looked at him, and went on, and I found he stopped. Then I stopped. He seemed surprized at my dogging him, as he calls it. When I see a man stop, it is no wonder that I should do the same. Certainly had I been conscious of guilt, I might easily made my escape from him. I asked him what his business was; and I solemnly swear I did not even guess it, knowing myself innocent. When I went to justice Fielding's, I was thunder-struck with the accusation; and I still kept to the same I said at the first, when I was the second time examined. I have continued five weeks in prison, at a distance from all my friends, deprived of almost every necessary support, more than well can be expressed. If I had been guilty, it is certainly almost punishment sufficient. I am quite a stranger in this country, and have no witnesses to my character. Besides, that young lady may be mistaken in the person that sold it to her. I myself have been stopped under two different names, those of Barton and Williams: two persons may be very much alike.

Guilty 10 d.

[Transportation. See summary.]

34. (M) Richard Hanford , otherwise Gordon , was indicted for stealing three glass castors, with silver tops, value 5 s. two glass crewets, with silver tops, value 4 s. the property of William Amery , in the shop of the said William, privately , Nov. 17 . ++

William Amery . I lost three glass castors, and two crewets, that is a set, out of my shop, on the 17th of November. I had intelligence the next day, one of them was sold in Shoe-lane, to Mrs. Tarret. I went there and found it to be one of mine. She described the prisoner at the bar, and said he told her, he found it in the street, and that his name was Gordon. They were taken out of a frame that hangs in my shop to sell. The frame belonging to the set was left behind. She told me the man she bought it of was to be found at the Shepherd and Dog by Fleet-ditch. I went next day there, and saw the prisoner. I took the castor out of my pocket, and asked the prisoner if he knew that: he said, he never saw it in his life. Afterwards, he said, we found it in Fleet street, between the New-Market, and Salisbury-court, but was in different stories how he came by it. His right name is Richard Hanford . I took him before an alderman: he was committed on suspicion.

Q. How much are their value?

Amery. The castors stood me in 37 shillings.

Walter Anderson . I am servant to Mrs. Tarret, on Tuesday morning the prisoner came to our house, and called for a pint of beer; he said, he had met with a disappointment about a job, but he had made a pretty good day's work, he had found a find, which he had been offered 2 s. for, and took a glass castor out of his pocket. He said, he had been to a silversmith to know if the top was silver; and the silversmith offer'd him 18 d. for the top. He sold it to my mistress for half a crown. When the gentleman came the next day, I went with him to the Shepherd and Dog. Then the prisoner said, he was a fellowship-porter, and had such a ticket on; but he was not of the fellowship, and he told the alderman, his master lent him the ticket for fear of being pressed.

Prisoner's Defence. I picked this castor up at the corner of the street, a man bid me 2 s. for it. I told him if it was worth that it was worth more. I went into the alehouse. It was dirty on the top. I told the woman, if she would give me half a crown for it, she should have it. She bought it, and I told her, I was to be seen at the Shepherd and Dog.

Guilty. 10 d.

[Transportation. See summary.]

35. (M.) Ann . wife to Richard Payton , was indicted for stealing 3 guineas, the property of William Nelson , and one guinea, a pair of leather pumps, and a silk handkerchief , the property of Peter Nelson , Nov. 1 . ++

The two prosecutors were youths, just come from sea, had receiv'd some money of their captain, and lodged at their mother's, in Russel-street, Bloomsbury. They were making merry at an alehouse in the neighbourhood. Their mother being with them with a young child, to quiet which she had given it the key of her room, the prisoner came in and placed herself near the mother, and play'd with the child, for which they gave her some drink. She took an opportunity to secretly get the key from the child, by which means she got into the woman's room, where the things were. The things being missing, she was taken up, and owned she had got the pump;, and delivered them to the owner; and proposed to return the four guineas if they would not prosecute her.

Guilty .

[Transportation. See summary.]

36. (M.) Mary More , spinster , was indicted for stealing one silk purse, value 6 d. one 36 s. piece, and one half guinea, the property of John Jones , privately and secretly from his person , Nov. 2 .*

Acquitted .

37. (M.) Eliz Parker , spinster , was indicted for stealing 3 36 s. pieces, 2 moidores, 2 quarters of moidores, 29 s. pieces, 2 guineas, 4 crown pieces, 20 half crowns, 4 silver four-pences, 4 silver three pences, and 4 silver twopences, the money of Thomas Smith , in the dwelling-house of the said Thomas .

Acquitted .

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

Received sentence of death 1. John Smith .

Transportation for seven years 14. George Green, Anthony Coe , Anne Mowls , William Gaywood , Alice Darlow , Robert Cogan , William Harrison , Samuel Francis , Richard Hanford , otherwise Gordon, John Davis , James Sampson , Anne Payton , Patrick Grayham , and Anne Cook .

Branded 4. Edward Langley , Maria Devall , Richard Roundson , and Mary Wilson .

Whipped 1. Francis Maiden , otherwise Musden.