Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 April 2014), January 1761 (17610116).

Old Bailey Proceedings, 16th January 1761.

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 Friday the 16th, Saturday the 17th, and Monday the 19th of January.

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

NUMBER II. PART I. for the YEAR 1761.

LONDON:

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

M. DCC. LXI.

[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 Thomas Parker , Knt. 8 Chief Baron of his Majesty's Court of Exchequer; Sir John Eardley Wilmot, Knt. || one of the Judges of the Court of King's Bench; the Hon. Henry Bathurst , Esq; + one of the Judges of the Court of Common-Pleas; 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.* || + ++ direct to the Judge before whom the Prisoner was tried.

M. L. by which Jury.

London Jury.

John Woodin ,

John Alphonsus Loste ,

Jeremiah Wheate ,

Jeremiah Percy ,

Richard Simpkins ,

Valentine Knight ,

Richard Haughton ,

George Colebatch ,

Moses Adams ,

Thomas Green ,

James James ,

Philip Morgan .

Middlesex Jury.

James White ,

Charles Covey ,

Thomas Rawlins ,

Benjamin Vowles ,

Thomas Bishop ,

Henry Adkins, ~

John Bosworth ,

Silver Crispin ,

Thomas Taylor ,

John Salkeld ,~

~ Henry Eades , served part of the time in the room of Henry Adkins; and George Brooksbanks , in the room of John Salkeld.

John Roberts ,

Thomas Lovett .

38. (M) John Beverstock , was indicted for stealing one shilling and sixpence, in money numbered , the money of Edmund Worger , January 3 . ||

Edmund Worger. I am a grocer and blue-maker , and live in Carnaby-street; the prisoner has been servant to me and my father two years, wanting about a month.

Q. Is your father alive?

Worger. He is, but he was not at home at that time the money was taken. I had for some time missed several goods, and having four servants, could not tell which to lay it to. I endeavoured, if possible, to detect the guilty person. Upon which, on Friday night, the 2d of January, I laid 18 d. upon the counter, the last thing before I went to bed. I had marked both the shilling and sixpence. On the next morning I saw the money laying where I had left it before the shop was opened: the prisoner's business was to open the shop.

Q. Did he lie in your house?

Worger. No, there was but one of the four lay in my house. The money was soon taken away, before any of the others had been in the shop. I did not think proper to appear in it myself at that time, so desired my journeyman to borrow a shilling of the prisoner. He did, and brought it to me [producing one] this is it, here is the mark I made by filing it over the head; it is a king William's shilling, with the letter B at the bottom; I suppose made after the battle of the Boyne. The person's name, who I got to borrow the money, is Clark. Then I went to justice Fielding, who granted me a warrant to take up the prisoner. I took him up: he at first denied it. He was committed to the Gatehouse, and on Monday he was re-examined, and then he denied it, but at last he owned it.

Q. Did you find the sixpence upon him?

Worger. He changed such a sixpence at a publick-house, but I have not got it again.

Q. from prisoner. Did I ever wrong you of a farthing before?

Worger. I have missed a great many things, but I cannot charge them upon the prisoner.

Clemmell Clark. I am servant to Mr. Worger, he desired me to borrow a shilling of the prisoner that morning (this is the same here produced.) I at that time did not know any thing of the affair, till my master explained it afterwards.

Prisoner's Defence.

The money that I lent the last evidence, was not my master's property, I had it of a tallow-chandler, at the next door, the night before; and the sixpence, that my master mentioned, I had of a soldier. I came from Wiltshire, and have no witnesses in town.

Guilty .

[Transportation. See summary.]

39. (M) Thomas Manton , was indicted for stealing one leaden pump, value 6 s. the property of Charles Churchman , Dec. 1 . ||

Charles Churchman . I live in St. Martin's-lane, near Charing-cross , I am a carpenter and builder . I had a leaden pump stood at the further end of my yard, about a hundred yards from the front of my house. There was the leaden pipe to it; it was taken away on the first of December last. I suspected some of my men. The prisoner had worked for me about eight or nine months. I took up two of my men, and they proved to be innocent. Then I laid a plan to see who was the guilty person. I laid four brass cocks, particularly marked, and some old sash-weights (which had been locked up in the store room) open on the table in the same room, and bid my foreman to let the men go in, and serve themselves with nails, and what they wanted; and as soon as they were gone, to go in and see if any thing was missing. Soon there was a cock missing, which was taken by John Keen ; but the prisoner was discovered by one Edward Eagle being admitted an evidence against him for stealing ducks and fowls. The prisoner was taken up, and he confessed he took my pump, and sold it for six shillings and sixpence.

Charles Jones . I am servant to Mr. Churchman, I missed the pump on the first of December, about seven in the morning. That morning the prisoner was not at work. The prisoner was taken up for another offence about a fortnight after, and in the Gatehouse he confessed, in my hearing, that he took it. I asked him how he could take it away so in a morning, when people were about. He said, if he had happened to have met me, he would have thrown it on my toes, and run away.

Mary Eagle . I have known the prisoner (before he was born, I was going to say) but I have ever since he was born: a strange man brought the pump into my room, the day after St. Andrew's-day. I was stick in my bed when it was brought in.

Q. Where do you live?

M. Eagle. I live in Pye-street, Westminster, and go about with earthen-ware.

Q. Are you any relation to the prisoner?

M. Eagle. No.

Q. Did the prisoner come with that strange man?

M. Eagle. No.

Q. Did he come afterwards?

M. Eagle. He did, and took it away; it was something of lead; I do not know whether it was a pump or not: he said afterwards he had much ado to make Mrs. Franklin buy it.

Q. What did he say he sold it for?

M. Eagle. He said he sold it for six shillings.

Prisoner's Defence.

I know nothing of the affair.

Acquitted .

(M) He was a second time indicted for stealing 36 ducks, value 10 s. the property of Thomas Walker , Esq ; and Samuel Manton , for receiving the same, well knowing them to have been stolen , December 10 . ++

Thomas Walker , Esq; I am a merchant , and live in Thames street; I have a country-house at Stretham in Surry , and had there several fine large ducks; I think there was never a one that did not weigh four pounds. On the 10th of December at night my coach-house was broke, and my ducks taken away: there were 36 of them.

Edward Eagle . I have known the prisoners at the bar 16 or 17 years: they are father and son. I married the old man's daughter. I have been at sea, but was a brewer's servant. Thomas Manton and I took a walk to Stretham in Surry. We drank at the White Horse on Bristow-causeway, and then went to an alehouse on the other side Stretham. About eleven at night we went to Mr. Walker's house, and the prisoner, with a ripping chissel, purchased two boards off from the backside of Mr. Walker's coach-house, and took out thirty-six ducks.

Q. Did you know of those ducks being there before?

Eagle. We did: we were there about two or three days before.

Q. What was your business there then?

Eagle. We were looking out for such things.

Q. Who took the ducks?

Eagle. I went in first, and he held the bags, and I put them in.

Q. Did you take them away alive or dead?

Eagle. We killed them all there; there were thirty six of them: I took one bag, and he the other, and brought them to Westminster, to his room in John's Street, No. 12. We pluck'd the feathers off, and the old man at the bar took most of them, and sold them.

Q. Did he know which way you came by them?

Eagle. He might very well know that, because he had been out several times with us. We made him sensible where we fetched them from; he said they were very fine ones; he got up, and sell to helping us pull the feathers off; we told him we had been about seven miles for them.

Q. How many had he in his custody?

Eagle. He had them all in his custody. I and the two prisoner went and disposed of six of them to Mrs. Douglass, and two fowls, which we had taken two nights before at a wheeler's shop at Stretham.

Q. Where does she live?

Eagle. She lives in King-street, Westminster, at the King's Arms.

Q. What had you for the six ducks?

Eagle. I believe we had about twelve shillings. She gave us half a guinea, and we had the rest in liquor.

Q. Did you see any of the rest disposed of?

Eagle. No, I did not. The old man allowed us eight pence a-piece for all the rest. He sells fowls about the streets. I heard him say he sold two to Mrs. Price; she lives in Westminster.

Q. to Mr. Walker. In what manner was it that your coach-house was broke open?

Mr. Walker. They had pull'd down two boards, I suppose with a chissel; it was a new coach-house: there appeared the marks of the chissel: my carpenter said he was sure it was done by a workman, that understood it.

Eagle. He took the chissel out of his father's room, it is there now, it has a split handle.

Thomas Manton . Did you not come to me in the morning, and ask me to take a walk with you over the water; and say you was afraid of being press'd? So I went with you.

Eagle. I can't say that; but he was always very agreeable to going out.

T. Manton. He used to change his dress; sometimes he was in a brewer's servant's dress, and sometimes like a sailor: he has been cast for transportation once here, and he has broke out of Bridewell with his irons on, and had them knocked off at Sand-hill.

Eagle. I do not think that I am a bit better than he, or he than me; but that is no reason that I should remain so.

T. Manton. To be sure Eagle has a great deal to say for himself more than I have. He once gave evidence against his own brother, then he sent him to Northamptonshire, and gave evidence against two others; then he sent word for me to get out of the way.

Richard Fowler . I heard Thomas Manton confess before the justice that he was at the taking other fowls from Mr. Bullock. I saw him and Eagle together that night Mr. Walker was robb'd of his ducks, at Bristow-causeway, in the way to Stretham, at the White Horse.

Q. What time did you see them there?

Fowler. It was between seven and eight o'clock.

John Coger . I saw Thomas Manton , and Eagle the evidence, together, at the White Horse on Bristow-causeway, that night.

Q. How far is the White Horse from Mr. Walker's house?

Coger. It is about two miles, or rather more. The next morning, when I heard Mr. Walker had lost his ducks, I suspected Eagle, because he had been about our neighbourhood before in that way.

Martha Douglass . I keep a publick-house in King-street, Westminster; the two prisoners and Eagle have been at my house together several times: about three weeks before Christmas, as near as I can guess, I bought six ducks and two fowls of them; I gave them half a guinea, six pots of beer, and a dram a-piece at the bar.

Q. What sort of ducks were they?

M. Douglas. They were tolerable good ducks, pretty large ones, but rather staleish. The old man once was a publican, now he sells fowls about the street.

Q. from T. Manton. Did Eagle never sell you fowls before?

M. Douglass, No.

T. Manton. I was once at this woman's house, when she asked Eagle to give her her sack, which he had about his waist: he told her, if he did deliver it to her, he could never bring her any more fowls.

Mrs. Price. I know the old man at the bar, I bought two ducks of him about three weeks before Christmas.

Q. What did you give him for them?

Mrs. Price. I gave him twenty pence for the two.

Q. What size ducks were they?

Mrs. Price. They were very large ducks. I sent my maid out on an errand, and she came in, and said, Madam, do you want any ducks? He followed her in, and I bought them. I never saw him before; he has called several times since. When my husband came home, I shewed them to him, he thought them too cheap, and desired I would buy no more of him.

Thomas Manton 's Defence.

I know nothing of what this man ( pointing to Eagle) has said. Ever since he came from sea he has practised this. He has come to me time after time, when I have been at dinner, and I have lent him several shillings; he owes me a great deal of money now. He was once charg'd with stealing fowls at Pimlico, just on his coming from sea; and once before he was cast for transportation for the same offence. I would ask Mr. Walker whether he ev er saw me with Eagle?

Mr. Walker. I never saw them till before justice Fielding, but I had a description of them before.

Samuel Manton 's Defence.

Mr. Eagle had some ducks, how he came by them I know not; he begg'd I would sell three or four of them, and said he would satisfy me for my trouble. I parted with half a score, and he gave me half a crown.

Both Guilty .

See Eagle tried for stealing fowls in company with Edward Allen , from Mrs. Beaumont, at Putney, No 83, 84, in the mayoralty of Mr. Alderman Dickenson.

[Transportation. See summary.]

40. (M.) John Urwin was indicted for that he, on the king's highway, on John Jay did make an assault, putting him in corporal fear and danger of his life, and taking from his person 18 d. his property , Dec. 22 . ||

John Jay . On the 22d of December last I was going home to Brentford-end on horseback. The prisoner at the bar met me on foot with a musket in his hand, when I was about twenty yards within Hyde-park, near the halfway-house .

Q. What time of the day was it when he met you?

Jay. It was about a quarter after four in the afternoon. It was quite daylight. He asked me for my money, and said, necessity drove him to it, and he must have it. I put my hand in my pocket, and gave him 18 d. He said that would not do, he wanted a guinea more. I told him I had not the value of a guinea in my pocket. Then he put up his piece, and cocked it at me, and said, he had a good mind to blow my brains out. I begged of him not to shoot me, saying, that would be of no service to him. Then he said, D - n you, go along.

Q. What is your business?

Jay. I am a breeches-maker . After this I went on. I cannot say whether it was 30 or 40 yards before I turned. Then I saw the prisoner going across the Park, towards the Serpentine-river-head. There was one Mr. Bunny, a butcher in St. James's-market, came by when he put up his piece to me. I turned my horse about, and went to him, and told him that man had robbed me: we made a hue and cry after him. We met with a soldier, almost at the Park-gate, and told him of it, and Shewed him the prisoner, and he struck across the Park, and went and took him. He was never out of my sight, till he was taken. The soldier delivered him to us, and went away, and I have never seen him since. The prisoner begged of me, that I would let him go, and said he would never do the like again; for if he went to gaol, he should die. I took him to justice Wright, who committed him.

Mr. Bunny. I had been in Hampshire, and coming home that day through the Park, I saw the prisoner on foot, talking to Mr. Jay. I came riding pretty fast. I went to break out of the way, and Mr. Jay stopped me, and said that man had robbed him. I saw him clap the piece up to Mr. Jay's head, and heard him say: I'll be d - n'd if I will not; that is all the words I heard. It surprized me, and I got on as fast as I could.

Prisoner's Defence.

I had no thoughts of robbing him: I have a same arm, it was shot through abroad: I did ask the gentleman to give me some money, I had lost mine. I have been a soldier 45 years: my arm is so lame, I cannot cock a gun, if you would give me a thousand guineas. He stripped and shewed his right-arm, which had received a wound; and between his elbow and shoulder, it was little more than skin and bone; but he seemed to use it as if he was capable of doing his duty as a soldier.

Q. Do you belong to any regiment now?

Prisoner. I now belong to the third regiment of guards.

Q. to prosecutor. Did the prisoner apply to you as a beggar?

Prosecutor. No, he bid me stop, and demanded my money by force.

Q. Did he put you in fear?

Prosecutor. Yes, he did.

Q. to prisoner. Have you any witnesses, your serjeant or any body?

Prisoner. No, I have none; I thought my arm would have done

Guilty Death .

41. (M) Susanna Yeoman , spinster , was indicted for stealing one silver watch, value 3 l. and one pair of silver studs, value 1 s. the property of Thomas Coles , May 14 , to which she pleaded Guilty .

[Transportation. See summary.]

42. (M) John Leigh , jeweller , was indicted for feloniously and traitorously diminishing one guinea, and one half guinea, of the current coin of this realm, with intent to defrand his majesty's liege subjects , Dec. 15 . +

Thomas Evans . I keep a public-house, the Star and Garter, in St. Martin's-lane. It is about three months since I first saw the prisoner: I believe he used my house about seven or eight weeks in the whole. I have given him change for half a guinea several times. I don't remember changing him any thing but half guineas. I think on the 5th of December last I changed him one; and after he was gone out of the house, I turned it round, and thought I never saw one bent in that manner as it was. I shewed it to some of the company in the house, and then I weighed it.

Q. Had you changed any for him before this?

Evans. Yes, several, and they went as they came, all but one, which I then had by me.

Q. Were they bent as this was?

Evans. I know some of them were; I believe they all were. I found that wanted 14 d. of weight. My wife also told me, she had changed him some bent in that manner, I weighed that which I had by me, that was diminished just as much, and bent the same, and diminished in the bend as the other. Then I was advised to go to justice Welch, which I did. The 10th and 11th, I told him my suspicions: he granted me a warrant. The justice ordered me if he offered me any more such, to bring him before him. On the Monday following the prisoner came again, and drank a pint of beer, and said: Can you change me half a guinea to-night? I said, I believe I can. I changed one, and put it down, and said, Mr. Leigh, you have changed such with me before.

Q. Where are they?

Evans. I have them all three here; they are bent and diminished alike. I said, you must not go, they are short weight. Said he, Are not they weight, I'll change them. I said, no, you have changed too many already: this was about ten at night. I sent for a constable: we took him up one pair of stairs, and searched him, according to Mr. Welch's orders.

Q. What is the constable's name?

Evans. His name is Morgan: we found in his pocket some halfpence, and seventeen or eighteen shillings in silver, and the key of his room. The constable took the key. We took the prisoner and went to justice Welch, where he said he should be, at the Bedford coffee house; and he went with us to search the prisoner's room. This was between ten and eleven at night.

Q. Where was the prisoner's room?

Evans. That was in Holbourn. I knew that before, for I had sent my boy to dodge him home, after I had a suspicion of him, that I might know where he belong'd to. Going along, Mr. Welch said to him, pray Mr. Leigh, what business are you of? Sir, said he, I am a jeweller; but I have had a hurt on my arm, and have not worked for some time; it may be a year, or two years ago; I forgot the exact time. Mr. Welch said; Sir, what do you do for a livelihood? said he, I deal now in curiosities; Mr. Welch asked him where he lodged, and he told him; we went to his room, Mr. Welch, the constable, I, and another person, that followed us from my house, and searched about; the prisoner sidel'd to one part of the room. Mr. Welch observing it, came and searched that part, and in the drawers, we found some gold filings; the drawer had a leather bottom to it.

Q. What sort of drawers were they?

Evans. They were such sort that jewellers use; there was a table and drawers under it. The justice said, he thought there was something there which the prisoner did not chuse we should see. He put the filings in a paper, and sealed them up immediately, and delivered them to the constable. The justice proceeded farther, and among his gold weights and scales, found two guineas which did not seem to be diminished, and he left them there. There were some tools in another drawer, a crucible, and several files, and other working tools, such as jewellers use. Mr. Welch observed gold in the teeth of the files; he wrapped them up in a paper, and I think slightly sealed them, and delivered them to the constable; I think they were all sealed together at last, but I am not certain. Mr. Welch asked him how the filings came there; he said, they were made in his business. I believe it was past twelve o'clock, or near one, before we left the room; the prisoner was then secured in Covent-garden Round-house. I attended Mr. Welch the next morning; he asked the prisoner a good deal concerning his business, who he worked for, or who he sold goods to; he pretended to say, those things were from a seal.

Q. Was that seal taken care of?

Evans. It was. I believe Mr. Chamberlaine took care of that; that was produced before the justice.

Q. Did Mr. Chamberlaine go to his lodgings?

Evans. He did. I went with him the next morning.

Q. Who else was there?

Evans. There was the prisoner and constable; this was before I went to the justice the second time. The prisoner was asked by Mr. Chamberlaine, what those filings came from; he said, from that seal.

Q. Did he say they all came from that seal?

Evans. He mentioned but one seal.

Q. Did the prisoner produce any other seal?

Evans. He produced but one as I observed. There was a gold watch produced. The prisoner said to Mr. Chamberlaine, have you any suspicion of this gold watch? he answered no. The watch was delivered to his landlady. After this, he went to Mr. Welch's.

Q. Did the prisoner pretend any of these filings came from the watch?

Evans. No.

Q. What is his landlady's name?

Evans. Her name is Mrs. Johnson.

Cross Examination.

Q. When he mentioned to you his present business, did he tell you what sort of curiosities they were he dealt in?

Evans. I cannot recollect that he did; only in general curiosities.

Q. Did you tell him you knew where he lived before he told you?

Evans. Mr. Welch asked him, although he knew before by my telling him; but he did that to know whether he would tell true, and readily. He told us right.

Counsel. Then he made no objection?

Evans. No, none at all about where he lodged.

Q. Were the two guineas found amongst the tools?

Evans. I cannot say whether they were or not; the gold scales were by them

Q. What quantity were there of the filings?

Evans. That I cannot say, there seemed to me to be more than the weight of a guinea.

Q. Did he not say, he had done something to the watch?

Evans. He said he had been doing some trifling thing to it. There were some stones set in it; I had not that in my hand. Mr. Welch said, you said you had not done any business for some time; but by these filings, it seems as if you had been lately doing some thing. He said he had done some trifling things.

Q. Did you understand it to be that watch that he meant by the conversation?

Evans. I am not certain of that. I understood it to be a watch that he had to dispose of.

Justice Welch. Thomas Evans made application to me, I think on the eleventh of December; and informed me, that he suspected a person that used his house, to be concerned in diminishing half guineas. The reason that he gave for it was, that a number of half guineas had been offered to him to change for silver; and he had observed, they were all bent in the same manner. That he had the curiosity to weigh the last he had taken, and he found it was diminished. He weighed another that he had taken before of the same person, and that was bent and diminished in the same manner. I thought it necessary to take him into custody. I then sent for Mr. Chamberlaine, the sollicitor of the Mint; he came, and was of the same opinion, that there was suspicion enough to take the man into custody. Then a warrant was granted, and directions given to Mr. Evans, that he be extremely cautious to keep this matter to himself; and the next time the man came. to ask any people of the company in his house to change him a guinea for two half guineas, and it that person should do it, if they appeared bent as the others, for him to stop him, and put him in the custody of the constable; and if he did not change the guinea, to wait till he attempted to put off another half-guinea in the same manner. After they had him in custody, and I was going with him to his lodgings, I asked Mr. Leigh, where he lodged; he said, he lodged at Mr. Johnson's. I asked him what business he followed; he said, he was a jeweller. I asked him if he was a working jeweller, he said no, he had not worked at his trade since his arm was hurt, which he said was upwards of a year, near two years ago. When we came to the room, I examined a chest of drawers. While I was looking about, I could not help taking notice that Mr. Leigh seemed anxious about a place that stood on the opposite side the room. I conceived in my mind, that there was something there, that he wanted to conceal. I called to him to attend, and see that nothing was taken away; still he seemed to sidle that way. I did not go through the search of the drawer that I was about, but went to this place, which was a circular kind of chest of drawers, such I suppose as are used in the jewelling way. Upon pulling out the drawers, there was one made of leather; and near the center of it, was a quantity of gold filings, which I took care of; they were put up into a paper, and delivered into the custody of the constable. On searching farther, I found another drawer, in which were files. I plainly perceived gold in the teeth of them; them I also put in papers and delivered to the constable; and in another drawer, were two guineas. If I recollect, they were with the gold scales. They appeared to me not to have been diminished. There were two tin pots, that held about three parts of a pint: in one of them were some gold filings, and some English pieces of gold.

Q. What did you think those pieces were?

Mr. Welch. I had a suspicion they were gold that had been cast from the melting of file dust. I then reminded the prisoner of what he had said of his not working. Then he said, he did not work constantly at his business, but he did some little work; and to convince me of it, he shewed me a gold watch. Then I said I should he glad if he would tell me who he worked for, or where he had delivered any; but he did not chuse to give me any satisfactory answer about that.

Q. When was this, and where?

Mr. Welch. This was the same night, in his room. I secured the key of the room, and reserved that in the hands of the constable, in order for Mr. Chamberlaine to search the next morning.

Q. Do you recollect in what manner the gold dust was secured, when you gave it to the constable?

Mr. Welch. I put it up in a paper. I cannot swear positively whether it was sealed that night, but however, it was sealed.

Cross Examination.

Q. Did you find any diminished money in his custody?

Mr. Welch. No, I did not.

Q. Did he readily go with you to where his lodgings were?

Mr. Welch. He did.

Thomas Morgan . I am a constable, I took the prisoner into custody in Mr. Evans's house. I was sent for there for that purpose. We took him up stairs; there I searched him: we found a key, and some money; the particular sum I cannot be positive to; there were some silver and some halfpence.

Q. How much silver might there be?

Morgan. There might be upwards of twelve shillings, two or three shillings more; I did not count them. We took him to Mr. Welch, at the Bedford coffee-house. Then the justice went with us to the prisoner's lodging. When we came there, I saw the search made. There were some different articles found, which are in the custody of Mr. Chamberlaine. Some filings were found in this drawer. [Producing a shallow drawer, with a leather bottom.] They were first delivered to me, and I delivered them to Mr. Chamberlaine the next morning.

Q. How were they secured when delivered to you?

Morgan. They were put in a piece of paper carefully, and sealed up.

Q. Who sealed them?

Morgan. I think Mr. Leigh himself did.

Q. How did you keep them while you had them in your custody?

Morgan. I kept them under lock and key at home, in a drawer.

Q. Are you sure the paper of filings were delivered by you to Mr. Chamberlaine, as they were to you by Mr. Welch, at the prisoner's lodgings?

Morgan. I am very sure they were; I delivered the files, and every thing as I received them.

Mr. Chamberlaine. I was called upon on the 16th of Dec. last in the morning. I believe about nine o'clock, by Mr. Evans, who told me they had got the man.

Q. Had you any suspicions about him?

Mr. Chamberlaine. I had, I received a letter from Mr. Welch about him. I went to Mr. Welch's. The man, which was the prisoner at the bar, was sent for from the roundhouse to Mr. Welch's. There was a slight examination before we went to the prisoner's lodgings. The prisoner was asked, who he worked for. He did not chuse to name any body. He was asked who worked for him. He did not chuse to answer that. He was then asked, what work he had done. He said that would appear by his book of accounts. He was asked where that book was. He said, at his lodgings. I went to examine his papers, and desired he would go with me. We went, and the constable and Mr. Evans with us. When we came there, I confined my search principally to the papers. I found a table, which had the appearance of a jeweller's table, and variety of tools proper for a jeweller; but looking over the things, either on the table, or in a drawer, I found an assay paper, on which I observed Slade and Co. I found it was an assay paper of standard gold. Then I asked him for that book of accounts; upon which he produced this book. [Producing a book.] In looking over the book I found the last article, Oct. 25, 1760. Rec'd Slade 4 l. 12 s. and 2 d; and here is an article over-against that 3 l. 12 s. and 6 d. to which there is no writing. It does not appear any more than by the dotting. Then I said the book was not to be understood by me. I asked him to explain it to me. He told me he could not, it was Algebra. It appears clearly to be a diary; for there are the initial letters for every day of the week, for a long series of time; and by the writing in it, I imagine it to be a diary. Here I observed is star, star, star, which are the date of the very days he was at the the Star and Garter. Here is also against Oct. 23, Co. G, which appears to me to signify the melting the gold. I asked him as to other articles: he said he could not explain it, unless I understood Algebra. The receipt is Sold Slade; and at the other end of the book is Ree'd Slade. That is to Oct. 25.

Q. Did you ask him whether that book was his hand writing, or whose?

Mr. Chamberlaine. I understood it to be his hand writing. After this, as he was pleased to say the book would explain what work he had done, I said, now we are at your room, I should be glad if you would point out the particular piece of work, from which the filings that were found last night came. He looked into a drawer, and took up two shanks of seals, and a watch set with stones. I desired him to deliver them to the constable. He said, From this watch. I said, this watch has had no work done to it. He said, There is a great deal of work done in piercing for the stones to set them; and the filings, found in the drawer, came from that watch, and these two seals. I secured the seals with a view to have them assay'd. I did not take the watch, because of damaging it; it could not be assay'd without being cut. I left that, and deposited it with his landlady. The seals I took from the constable at the justice's, when we came back again.

Q. to Morgan. Did you deliver the two seals to Mr. Chamberlaine there?

Morgan. I did.

Q. to Mr. Chamberlaine. Were the filings delivered to you by the constable?

Mr. Chamberlaine. They were sealed up, and the files had also been sealed, for there was wax about the paper, and I opened them at the justice's: after that I went the first opportunity to the Tower, and applied myself to the assay-master at the Mint, and desired him to assay the filings, and likewise the seal-shanks, because the prisoner had told me the filings came from them.

Q. What is the assay-master's name?

Mr. Chamberlaine. His name is Alchorne, he is the deputy assay-master: I opened the paper, he said, You need not leave all the filings, a small part will do. Upon opening the paper I observed some pieces of gold that looked large; then we sifted the small filings from the large pieces, and I kept them in two papers ever since, all but what we had. There are on some of the pieces enough to create suspicion, but they will speak for themselves. (produced in Court.) There are the marks of part of half a guinea appears on one of them.

Q. Whether, from your inspection of them, you do believe there is any thing to lead you to think they are the filings or clippings of coin?

Mr. Chamberlaine. If I was to speak as to my belief, I should rather think they are the clippings cut from coin. I can speak with certainty they are cut from coin, because there is the moulding on the edge on one or two pieces, and a border besides. (The Jury inspect the pieces.)

Q. Where are the shanks for seals?

Mr. Chamberlaine. Mr. Alchorne has got them.

Cross Examination.

Q. Can you say they were cut from coin?

Mr. Chamberlaine. I verily believe they were.

Q. Why do you look upon the book to be a sort of a diary?

Mr. Chamberlaine. Here I observe is home, home, home: you may observe that to be put against the Sunday, seemingly to denote he was at home on those days.

Q. Whether any of the half-guineas now produced seem to have been diminished by cutting off the edges?

Mr. Chamberlaine. One of the half-guineas is cut upon the border, but whether it was diminished by filing or clipping does not appear now.

Mr. Alchorne. I am assay-master in the Tower, belonging to the Mint. I was applied to by Mr. Chamberlaine on Saturday the third of January: he brought me two seal-shanks, and some filings of gold in a paper, sealed up. We found in it some pieces of gold; we passed it thro' a sieve; I took some of the filings, and made an assay of them, they turned out very near standard; the others are four carrats one grain and a half under; that is, near about 16 s. difference the ounce between that and standard.

Q. Whether or not the filings that were there could be the filings of these seal-shanks?

Alchorne. I am very confident the filings could be no part of the filings of them.

Q. Would money, that turns out as the assay of the filings, be delivered at the Mint.

Alchorne It would.

Q. Did they turn out standard?

Alchorne. It was something below standard.

Q. What is the value of the gold that guineas and half-guineas are made of?

Alchorne. The finest is twenty-two carrats, and two carrats the alloy: when I speak of standard, I mean that standard we coin of.

Q. Might not the filings be taken from money?

Alchorne. They might or might not: there is a remedy allowed by act of parliament, that this money may deviate a little under or over.

Q. Does this come within that?

Alchorne. It does: the filings were near standard, but something below it; but so near as to be within the act of parliament.

Q. Suppose a number of half-guineas had been filed, might not some have been a little over, and some a little under?

Alchorne. Yes. Upon the whole, the filings would turn out upon an average in that manner. I believe all the money that has been made this twenty years last past would turn out upon an average standard.

Q. Suppose a man acting with his senses about him was to file half guineas, he would file those that are full standard, not those that are under, would he not?

Alchorne. There is a method taken at the Mint to prevent that, the letters are put so near the edge; in the former coin they stood farther off, that is the reason they will take them.

Q. Which do you think weighs most, the shanks of seals, or the filings?

Alchorne. I don't imagine that both the shanks together weigh as much as the filings.

Q. Can you say that none of the filings did make up a part of the shanks?

Alchorne. I cannot say that: we supposed those pieces to be pieces of money, and we compared them with half guineas that we had in our pockets.

Q. Do you imagine those came from coin?

Alchorne. They are such as I suppose might come from coin.

Q. to Mr. Chamberlaine. Where were those pieces found?

Mr. Chamberlaine. They were found in a tin box, I think tradesmen call the box a lemellbox, or a repository for their waste gold.

Q. Where did you find that box?

Mr. Chamberlaine. We found that on the table; here is a piece that appears to be an old mourning ring broke up (producing two pieces of gold, about three or four inches long) the other may be to make a new ring.

Mr. Slade. I have seen the prisoner three or four times.

Q. When was the first time?

Slade. The first time was about three or four years ago; he has brought some ingots of gold to our house.

Q. How are they form'd?

Slade. They are form'd by melting; they are melted and assay'd before we buy them.

Q. When was the last time he sold you any?

Slade. The last time was the date the gentleman mentioned, or within two or three days of it; that is, the twenty fifth of October: there was little better than an ounce of it; it was worth four pounds twelve shillings and eight pence.

Mr. Chamberlaine. The assay-paper is four pounds twelve shillings and two-pence.

Slade. I shew'd Mr. Chamberlaine all that I could make out that I bought of the prisoner.

Q. What did the prisoner say his name was?

Slade. My Clerk says he told him his name was Leigh. When we once come to know a man, we never ask him his name afterwards.

Q. Is it usual for a person following his business to buy or sell gold?

Slade. Both: they more frequently sell than buy, because they are generally paid in gold.

Q. What did you look upon the prisoner to be?

Slade. I looked upon him to be a jeweller.

Cross Examination.

Q. Is it usual to make mourning rings with gold wire?

Slade. It is.

Q. How are they fluted, or notch'd in and out, is that done with files?

Slade. No.

Q. Do they always melt the filings before they sell them to the refiners?

Slade. They do.

Q. What was the assay of this gold?

Slade. It was three quarters of a grain better than standard; that is, about eight pence by our assay. There is a great deal of gold comes abroad better than standard.

Q. How are the workmen generally paid?

Slade. They are paid in gold, that is, gold for gold.

Q. Did the prisoner ever buy any gold of you?

Slade. He never did, that I know of.

Q. Suppose a goldsmith is ordered to make a gold ring, should it not be standard?

Slade. I should think so.

Q. But there are some make their gold under standard, are there not, and so deceive people?

Slade. Yes. For instance, it is so in these seals, there is a defraud of 15 s. in the ounce.

Counsil. You will not call the maker of that an honest man, will you?

Slade. No, Sir.

Prisoner's Defence.

As to jewellers work, there is no act of parliament, nor no rule for a standard, for men to work by, except wedding-rings and mourningrings, such we are under an obligation to work standard gold; but for other fancy-rings, it is left to the option of the workman: there is no law that binds him to any standard. These were filings of mourning-rings, with a great deal of scroll-work, which all jewellers know there is a great deal of filing in making one of them. There was some dust from fancy-rings, which require but a very slight shank to go about the finger, and if the ring is not made hard, the workman gets no credit by his work; for was it made of standard gold, it would bend like a bit of lead upon your finger; this is the reason we make them of a lower standard than other gold rings; let any man contradict me who can. There are several jewellers now in court, I appeal to them all whether I have not spoke the truth. What I have done I can justify, and hope I can make it appear to the honourable court; but as I am deprived of my memorandum-book, it depends on my memory; and through this scandal being thrown upon me, and what with great trouble and grief, my memory is impaired in a great measure.

Court. You may look upon your book. [It is delivered to him.]

Prisoner. I told Mr. Chamberlaine, he could not understand my book, except he understood Algebra. The reason is this: we substitute letters instead of figures, and various other cases. - Now here is, [ turning over some leaves ] some years past, I made my observation of the Celestial Globe, and the Terrestrial, and all the sattellites; and in my room I have marks to those. I am going to publish a book for the finding out true time. I have been seven years in finding out those calculations. Here is the Sun, the Zodiack, and all the motions of the paritcular Stars; the declination and right ascension of the Sun. Here are letters to denote what they mean, intermixed in different parts with business. Now I humbly ask a question of Mr. Slade. Sir, The two last pieces of gold that you paid me for, were they not above standard? The report was fine gold.

Slade. Fine gold, that is above standard; but the last that I bought was not put down fine gold. I paid the prisoner for it three pounds eighteen shillings and six-pence per ounce; but fine gold is four pounds and a crown.

Prisoner. I look upon this to be a malicious prosecution, owing to a dispute that happened in Mr. Evans's house, among some Scotch gentlemen. Don't you remember, Mr. Evans, that there was a dispute there, about the time of your information.

Evans. I never had words with the prisoner in my life.

Q. From prisoner. Are you sure these were all crooked money?

Evans. I am sure these are, and so were some others.

Q. From prisoner. Were they all?

Evans. I cannot be positive that they all were: because I past them soon after I had taken them.

Q. From prisoner. What sort of change did you usually give me?

Evans. Chiefly silver. I believe I might once give him a nine shilling piece.

For the prisoner.

Mr. Blanshard. I am a jeweller, I have known the prisoner near forty years.

Q. What is his proper business?

Blanshard. It is that of a jeweller; he served his time with the most eminent man in England, Mr. Jacob Du Hammil .

Q. Did you ever know that he left his business off?

Blanshard. No.

Q. When did you know him to work last?

Blanshard. I believe within this three months. I saw him filing upon gold [as I imagined.] It was a mourning ring.

Q. Where?

Blanshard. At Mr. Johnson's, up two pair of stairs.

Q. Are the things mentioned, files and gold-dust, generally in the custody of jewellers?

Blanshard. Yes, they are; there is no jeweller that does any work without these things.

Q. Does not there always remain gold dust in the teeth of the files, which is greasy?

Blanshard. There does after using. I can show you many.

Q. What do the jewellers with their gold dust in order to sell it?

Blanshard. That is according to their circumstances. If a man is poor, he will melt sooner, in order to make money, so as to go on with his business. But the better way is to keep it till it comes to a great quantity; for a great quantity is melted as soon as a small one.

Q. What is the prisoner's circumstance?

Blanshard. I cannot tell, he has always lived in great repute. I never heard any man tax him of wronging any body, or doing any mean thing.

Q. What is his general character?

Blanshard. It has always been that of an honest man; and he is curious in his way of work, and a very good workman.

Q. Do you know any thing of his being about publishing a book?

Blanshard. He has been upon a book, which he has shewn me; which I apprehend to be something curious.

Q. Have you been intimate with him lately?

Blanshard. I have; more this two last years, than some time before.

Q. Whether he has had any considerable employment in business during that time?

Blanshard. I never directly asked him. I have known and heard by several in the trade, that he has bought and sold. He will go and buy a picture, a gun, or a jewel, at an auction.

Q. Did he employ a journeyman?

Blanshard. I do not know that he did.

Q. Do you know any thing of his receiving any hurt?

Blanshard. He was very bad for a great while, with an injury he received on one of his arms.

Q. How long ago was that?

Blanshard. I think it was some time in the last year. He was a good while ill, but I cannot say as to what time.

Cross Examination.

Q. Look at this piece of gold that is fastened to this hand-vice; this was amongst the filedust?

Blanshard. [He takes it in his hand.] I see it.

Council. On the edge of it, you will see something like milling.

Blanshard. Here are notches made on it; but it does not absolutely appear to be the milling of money. Neither is it the thickness of half a guinea.

Q. Look on the hollow part of the circle, and see if you do not see fret work upon the flat part?

Blanshard. Here is so me work upon it I see.

Q. Does it not resemble the marks upon a half guinea?

Blanshard. I don't think this piece came from a half guinea; it is not thick enough.

Council. Look at this half-guinea, [taking one out of his pocket.]

Blanshard. This half-guinea is thinner than one I have got.

Q. See if there is not some fret-work on the flat part of that small piece in the vice?

Blanshard. There is something like it.

Q. Upon your viewing it, what is your opinion of it?

Blanshard. Here is a sort of an edge like milling; but I cannot absolutely say it came from a half-guinea.

Q. What do you believe?

Blanshard. It looks to me as if it did.

Q. If such a bit as this was taken from the side of a half-guinea, and the half-guinea had not been bent, but left plain, then do you not think any body would have seen the discovery?

Blanshard. It must be bent; for a round thing st rikes the eye immediately.

Q. Then to be bent in that part, would i not disguise the thing?

Blanshard. Yes.

Q. Look at these three half-guineas. [The three half-guineas that came from the prisoner.] Now if a half-guinea was diminished, and bent in the manner as those are, whether the bending would not tend to disguise the part diminished?

Blanshard. Yes.

Q. Whether you have any kind of work whatsoever, that the edge of it is like that piece in the vice.

Blanshard. We indent several pieces of work, according to fancy.

Q. Did you ever see any work indented as this is?

Blanshard. I can't say I ever saw any exactly done so.

Prisoner. Let me look at it. [He takes it in his hand.] This I cut from a nine shilling piece, that was under weight.

Mr. Johnson. I have known the prisoner sixteen years; he lodged at my house.

Q. What is he?

Johnson. He is a jeweller.

Q. Do you know of his doing any work?

Johnson. Formerly he lived by his business: he always worked: he likewise deals in curiosities.

Q. What is his general character?

Johnson. I always took him to be as honest a man as ever lived, and I never heard to the contrary from any body.

Q. What sort of company does he keep?

Johnson. As to that, he does not go much to taverns: I have heard he behaved well at publichouses: he did not spend money much, but lived very frugal.

Mr. Clay. I have known him 16 or 17 years.

Q. What are you?

Mr. Clay. I am a sadler.

Q. What is his general character?

Mr. Clay. I always took him to be a very honest, industrious, and sober man.

Q. What countryman is he?

Mr. Clay. He is a Shropshireman, I know his relations, they are very honest reputable people.

Mr. Mason. I have known him about 30 years.

Q. What is he?

Mr. Mason. He is a jeweller.

Q. During the time you have known him, what has been his character?

Mr. Mason. He always bore an exceeding good character. I never knew it stained in my life.

Mr. Hudson. I have known the prison nine or ten years.

Q. What is his general character?

Mr. Hudson. He is a very honest man.

Q. Did you ever know him to put off diminished money?

Mr. Hudson. No.

Richard Beal . I am a goldsmith, I have known the prisoner 30 years.

Q. What is his character?

Beal. He is an honest creature as ever breathed; I would have trusted him with half my shop.

Samuel Spencer . I am a pawnbroker, I believe I have known the prisoner 12 years; but I have no: had any intercourse with him for six or seven years. I used to go to his chamber for his opinion upon jewels that have been brought to me to lend money on them. I have seen him go to his desk, and compare other jewels with them, and have seen him at work with things lying on his desk.

Q. What is his general character?

Spencer. I never heard but that he was a very honest, sober, industrious man.

Mr. Cockeron. I have known him ever since he was at Mr. Johnson's house, that is 15 or 16 years.

Q. What is his character?

Mr. Cockeron. It is that of an honest man.

Q. Have you been well acquainted with him and his character?

Mr. Cockeron. I have.

Samuel Stroud . I am an oilman and colourman, I have known the prisoner 10 or a dozen years.

Q. What is his character?

Stroud. He is a very honest man, I never heard any ill of him in my life; he always bore a good character.

Mr. Durnow. I have known him about 30 years.

Q. What is his general character?

Mr. Durnow. It is very good, as far as I know; all his dealings have been fair and honest, as far as ever I heard.

Mr. Duncomb. I have known him about 20 years. I have dealt with him.

Q. What is his general character?

Mr. Duncomb. He bears the character of a very honest man, I have always understood him to be a very honest fair dealing man.

Acquitted .

43. (M) Ann Bush , spinster , was indicted for stealing two guineas and half , the money of Lawrence Eckman , Dec. 29 .*

Lawrence Eckman. The prisoner was my servant , I took her in out of charity, she took two guineas and a half out of a drawer.

Q. How do you know that?

Eckman. It was found upon her, and she confessed it before the justice.

Q. When did you miss it?

Eckman. I missed it the last day of December.

Q. How did she say she took it?

Eckman. She said she took the key, and opened the drawer, and took the money.

Prisoner's Defence.

It is the first time I ever did such a thing, and I hope to be forgiven.

Guilty .

[Transportation. See summary.]

44. (L) James Matthews , was indicted for stealing 18 pair of stockings, value 3 l. 14 s. the property of Alexander Herbert , Oct. 13 .*

William Saunders. On the 13th of October last, Mrs. Herbert sent her little boy to my house for a dozen and half of knit ribbed-hose.

Q. What time of the day?

Saunders. About four in the afternoon; I looked them out particularly myself; my young man tied them up, and made the bill out, and delivered them to the lad: I saw him go out with them. The next day his mother came, and told me, that he had told her, a man dressed in the habit of a brewer's servant met with him, about Thames street, and inticed him, by pretending to send him of an errand: he got him a little way out of the street, and then got the stockings from him. I said I did not know how to direct you in this affair, without sending to justice Fielding; then, perhaps, something of it may come to light. The next day I wrote a letter to the justice, and the day after I received a letter from Mr. Tucker, a pawnbroker in Drury-lane, that he had stopped two pair of the stockings, that answered the description that I had given to justice Fielding. I went to Mr. Tucker, and saw two pair of the hose that I had delivered to the child.

Q. By what did you know them?

Saunders. I knew them by being very particular in looking them out: we never mark any.

Q. Do you speak with certainty?

Saunders. I do. [Produced in court, and deposed to.]

Elizabeth Herbert . I am wife to Mr. Herbert: my child came home about five o'clock on the 13th of November, at night, and told me he had lost the hose. I asked him how. He said a man, dressed like a brewer's servant, had taken them from him in Thames-street.

Q. How old is he?

E. Herbert. He is ten years of age next Valentine's-day. I said, should you know him again, if you saw him. He said, yes, mamma, I am sure I should. After Mr. Saunders had been to see the two pair of stockings, Mr. Fielding sent for my child to come there. I went with him. He called the child from me, from the door; there were several men came in, and the prisoner amongst them. A man said, Little boy, do you know the man. He said, yes, Sir, that is the man, and pointed to the prisoner. Then Mr. Fielding had the child up stairs, and he asked him, and he told him the same. The child was twice at Mr. Fielding's. Mr. Fielding came down stairs, and there was the prisoner, the child, and the pawnbroker. The justice asked my child again, if that was the man: he said, yes.

Q. Where is the child?

E. Herbert. He is here. [The child set up]

Q. to child. What will become of you, if you do not swear the truth?

Charles Herbert . I shall go to hell.

Q. Do you know your catechism?

C. Herbert. Yes. [He is sworn.]

Court. Be sure to say nothing but what is exactly true Do you remember your going to Mr. Saunders's?

C. Herbert. I do.

Q. What did you go there for?

C. Herbert. I went there for some stockings.

Q. How many pair of stockings?

C. Herbert. For a dozen and a half.

Q. Did you receive them there?

C. Herbert. I did.

Q. What happened afterwards as you was returning home?

C. Herbert. I was going home, and the prisoner was behind me. Says he, I'll give you two-pence, if you will go of an errand. He gave me sixpence to change: I changed it, and he gave me two-pence out of it. Then he said, Will you go to the sign of the Bell, to one Mr. Wright.

Q. How was he dressed?

C Herbert. He had cloaths on like a brewer's servant.

Q. Where is this sign of the Bell?

C. Herbert. It is in Thames-street. Just as I was going, he said: My dear, you cannot run fast enough with the stockings under your arm: Said I, I can. I just went to turn round to go: he jerked them out of my arm, and put them against a post. I said, God bless you, Sir, take care of them. He said, Yes my dear, I'll take care of them. I went to the sign of the Bell; there was no such man there; and when I came back again, the prisoner was gone.

Q. Was any body near the prisoner at that time, besides yourself?

C. Herbert. No, Sir, I saw nobody near: there were many people in the street. I went to look after him a good while, but could not find him.

Q. Was you afterwards sent for to justice Fielding's.

C. Herbert. I was.

Q. Do you remember seeing the prisoner there?

C. Herbert. I do, I knew him.

Rachael Dixon . The prisoner at the bar offered to pledge two pair of stockings at my house on the 13th of November.

Q. Where do you live?

R. Dixon. I live in Drury-lane: he had got a parcel done up in brown paper, and another parcel a red and white handkerchief; but we stopped only the two pair.

Q. Why did you stop them?

R. Dixon. Because we did not think such a person as he could afford to buy so many stockings at once. We asked him how he came by so many stockings: he said he bought those two pair for himself, and the others for a person on the other-side of the water. The next day his mother came, and desired we would let her have the stockings. She told us he was pressed, and gone on board a tender.

Q. from prisoner. Are you sure it was me that brought them?

R. Dixon. I am.

Q. What sort of cloaths had he on?

R. Dixon. He was dressed like a brewer's servant.

Prisoner's Defence.

I know nothing at all of it: I have my two masters here that I worked for.

To his Character.

Robert Fitz-John . I have known the prisoner about half a year; he has worked for me and my partner ever since the 3d of November, as a labourer in serving bricklayers.

Q. How has he behaved during that time?

Fitz-John. He has behaved with all the decency a man could, and with honesty to us. He always minded his business, and kept his time.

John Kerrison . I am partner to the last evidence, I can only say the same that he has. The prisoner sent for me when he was examined before justice Fielding. There was the pawnbroker's girl with the stockings. She did not say whether she knew the man or not. The lad was asked whether he knew him; he said, I think that is the man.

Q. Was the prisoner at work on the 13th of November.

Kerrison. That I cannot tell.

Guilty .

[Transportation. See summary.]

45. (M) Thomas White , was indicted for stealing two sow pigs, value 50 s , the property of George Strutton , Aug. 30 . No evidence appeared.

Acquitted .

46. (L) George Barber , was indicted, for that he having in his custody a bill of exchange, with the name John Sharp thereunto subscribed, purporting to bear date the 2d of November, 1760, at Manchester, directed to Mr. Rigby, merchant, in Gracechurch-street, for the payment of 50 l. and that he, on the 5th of December , did make, forge, and counterfeit; and cause to be made, forged, and counterfeited; and readily acted therein a certain order by the name of John Rigby thereunto subscribed, to Mess. Honeywood, Fuller, and Co. for the payment of the said 50 l. contained in the said bill; and for publishing the said order, well knowing it to have been forged. ++

George Fawell . I am a clerk to Mess. Honeywood, and Co. bankers. The prisoner at the bar brought a bill to our house on Friday the 5th of December, about four in the afternoon, for 50 l.

Q. Where do they live?

Fawell. In Birchin-lane: he brought it for payment. This is the bill. [Producing it. It is read in court.]

Q. Was the acceptance on it when he brought it.

Fawell. It was. That is, accepted Dec. 1, pay at Honeywood, Fuller, and Co. for John Rigby .

Thomas Clifton . I am very well acquainted with Mr. John Rigby 's hand-writing.

Q. Look upon the name John Rigby , to the acceptance.

Clifton. [He takes it in his hand.] This is not like his hand-writing.

Q. Have you seen him write?

Clifton. I have several times.

Q. Are you sure that is not his hand-writing?

Clifton. I am very confident it is not.

Cross Examination.

Q. What are you?

Clifton. I am servant to Mr. Rigby.

Q. Are you not in partnership with him?

Clifton. No, I am not.

Q. Does he not vary in his writing sometimes?

Clifton. He varies very little in his writing; but this has not the least likeness to his writing.

Q. to Fawell. Did the prisoner demand payment of that bill?

Fawell. He did. I asked him if he came for the money for it: he told me he did. I saw there was no similitude in the hand at all. I shewed it to one of the other clerks: he desired me to go to Mr. Cope. I did: he desired me to go to Mr. Rigby, to know whether any of his clerks might have wrote his name to it. I went, but did not see Mr. Rigby; I saw Mr. Clifton, that is here. I went a second time; then I saw Mr. Rigby.

Q. Are you well acquainted with Mr. Rigby's hand-writing.

Fawell. I am extremely well acquainted with it. I asked the prisoner who he received it for, if it was for himself. He said, For one Mr. Davis, a milliner, in King-street, Westminster. I asked him how he came to receive it for him. He said, He was a neighbour of Mr. Davis's, and coming into the city, he desired him to call, and receive it. I asked him if Mr. Davis had given value for it. He said he could not tell. During the time I was gone to Mr. Rigby's, the prisoner endeavoured to make his escape. When I returned, I found our people, with other assistance, had pursued and brought him back, just as I came to the door. He was then taken to the Mansion-House. His lordship was then at the Old-Bailey, being sessions time. We brought him to his Lordship. I was present at his examination. Then he told my Lord, he had found the bill [with other two bills that were found. in his pocket, when he was searched in the Poultry Counter ] on London-bridge.

Cross Examination.

Q. Is it customary in the course of business, for the clerk to accept bills for the master?

Fawell. Yes; but they never write the masters name, except payable for their master. If I was clerk, I should say, payable for John Rigby , and sign my name.

Q. Did you never know a clerk to sign his master's name to a bill for his master?

Fawell. No, never in my life; to do it as this.

Q. Then how came you to go to Mr. Rigby's, to inquire whether it was his clerk's writing?

Fawell. As he trades to Manchester, we did not know but that some of his clerks might have inadvertently wrote it so.

Charles Holmes . There was an out-cry of stop him; the prisoner was coming through Change-alley; I had my knot upon my shoulder, and having but one hand, I laid hold of the skirt of his coat; he slipped away from me, I followed him cross Lombard-street, and laid hold of him again. He then himself cried out, stop him, and made his way into Abchurch-lane. A young man came out of Mr. Pope's shop, a laceman, and he and I together stopped him. We took him to Mr. Fuller's, in Birchin-lane. I being a constable, was ordered by one of the clerks so to do. Then I had charge given me of him by Mr. Fuller. I took the prisoner to the Mansion-house. Going along, I said what is the meaning of this out cry I have got you in charge for. He made slight of it, and said, only forging a note. There was never a magistrate at the Mansion-house. and I took him to the Compter. He held his hands up to Mr. Fuller, and begged he would not hang him, but get him for transportation, and would have gone on his knees.

Q. Where was this?

Holmes. This was not at the Mansion-house.

Q. What did Mr. Fuller say to him?

Holmes. He said, how came you to do so rash an action. The prisoner answered, it was merely for want of money. The next morning the prisoner was brought to the Old-Baily. I went to the Compter for him. Mr. Fuller was there, and asked the prisoner for his pocket book; the prisoner's brother was with him; and said, if you have a pocket-book, give it him. I said, I saw you have one. He delivered it to Mr. Fuller; and in it were found two other notes, and a letter. Then Mr. Fuller delivered the pocket-book to his brother.

*** The Second Part of these Proceedings will be published in a few Days.

THE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE C ITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Friday the 16th, Saturday the 17th, and Monday the 19th of January.

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

NUMBER II. PART II. for the Year 1761.

LONDON:

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

M. DCC. LXI.

[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. DID you look at those notes?

Holmes. No, I did not.

Mr. Fuller. I went to the compter in the morning after the prisoner was committed. I imagined this was not the first offence he had committed of this kind, and asked him for his pocket-book; at last he delivered, it up: I opened it, and took out two bills, signed Rigby.

Q. Did he deny having any pocket-book when you asked him for it?

Mr. Fuller. At first he did.

Q. How many partners are there of you.

Mr. Fuller. There is Mr. Honeywood, I, and Mr. Cope.

Prisoner's Defence.

I found the bills on the bridge, folded in one another loose. There were a great many people by, but I did not know any of them. I did not demand the money, neither did I think of receiving it. The clerk looked at one of the bills, and went out, as I thought, to go to Mr. Rigby. I went out, and they overtook me. The man asked me what I was charged with. I said, it was on suspicion of forging a note. As for Mr. Davis, I never knew no such man.

To his Character.

Jonathan Skofield . I have known the prisoner at the bar 13 or 14 years.

Q. What has been his behaviour and character during that time?

Skofield. Very good; he served his apprenticeship with his uncle in the country.

Q. What country?

Skofield. In Yorkshire, near Wakefield, a dry-salter, a very honest man as any in the world. I could not believe the prisoner guilty of forging a note, till I went to see.

Thomas Shaw . I have known the prisoner about 10 years in the country.

Q. Have you known him down to the present time?

Shaw. I have.

Q. What is his character?

Shaw. A very good character, but I have not known much of him since he came out of the country.

Mr. Parker. I have known him about 15 years, down to the present time.

Q. What is his general character?

Parker. It is a very good one, that of an honest man; I never heard any complaints of him in my life; I should not have scrupled to have trusted him; I have trusted him, and found him very honest.

Thomas Craven . I have known the prisoner 15 or 16 years, we were school-boys together.

Q. Have you known him down to the present time?

Craven. I have.

Q. What is his general character?

Craven. I never heard or saw any thing by him, but what was very well; he bore the character always of an honest man; he has been trusted by persons where I was in service.

Francis Maxon . I have known him about 14 years; I lived two years at his uncle's.

Q. What is his character?

Maxon. He is a very civil, honest young man.

Q. Have you known him down to this time?

Maxon. I have, almost; I knew him till within this two or three years.

Jonas Carr . I have known the prisoner above 18 years; I lived with his uncle, a dry salter in the country.

Q. What is his general character?

Carr. He always bore a good character in the country, and in town too, of that of a very honest man.

John Hincliff . I have known him 18 or 19 years, ever since he was a boy.

Q. Have you known him lately.

Hincliff. I cannot say I had any acquaintance with him here in town; in the country he had the sole care of his uncle's business, who must return many thousands a year; there he always bore a good character, as a very honest worthy young man.

Guilty Death .

47. (L) Thomas Taylor , and John Russel , were indicted for stealing 12 cod-fish, value 18 s. the property of persons unknown, Dec. 3 . ++

Stephen Boon . The beginning of last month, at several times, Taylor and I brought fish on shore, and Russel had a basket to receive them into it, and then he carried them down into a cellar.

Q. What are the prisoners?

Boon. They are fellowship-porters .

Q. What are you?

Boon. I have been in the capacity of a shorer.

Court. Then you are an accomplice with them?

Boon. I am.

Q. What time of the day was this?

Boon. It was in the morning, before daylight.

Q. Do you know the day of the month?

Boon. No, I do not: I believe it was the beginning of December.

Q. What became of them?

Boon. Russel sold them.

Q. What was done with the money?

Boon. I had share of it, we had two shillings a-piece clear, besides expences: there were several others did the same.

Cross Examination.

Q. Where are the others that used to do the like?

Boon. They are all gone.

Q. How came you to stay behind?

Boon. I don't know.

Q. Was you not taken up for selling of fish?

Boon. No, I was taken up in order to give an account, who it was that stole them.

There being no other evidence of credit to confirm Boon, who owned himself to be a guilty person, they were Acquitted .

48. (L) Thomas Hore , was indicted for stealing 23 pounds weight of beef, value 4 s. the property of Benjamin Bentley , Dec. 24 . ++

Benjamin Bentley . On the 24th of December, I went out about seven in the morning, and left my servant Joshua Bowden , putting the meat out. (I am a butcher .) I returned home at nine o'clock at night; then he told me he had stopped a thief.

Joshua Bowden . About seven in the morning I laid the beef out on the stall at the door. The prisoner came and took away 23 pounds of beef. I saw him drop it, when he got about 2 yards with it: he took it up again, and was going off with it; and I pursued, and took him by the collar, and brought him to the shop, and charged a constable with him.

Q. What did he say for himself?

Bowden. He acknowledged he took it, and offered to pay me for it, when I took him.

Prisoner's Defence.

I know nothing at all of it.

Guilty .

[Transportation. See summary.]

49. (L) Alice Holloway , widow , was indicted for stealing one mahogony tea-chest, value 5 s. seven silver tea-spoons, and one silver tea-tongs, value 14 s. one linnen shift, one linnen shirt, one linnen gown, and two pair of stockings , the property of Jos Philips , December 13 . ||

Jos. Philips. I live in Duke's-place, and keep a cook's shop . The prisoner lived servant with me four weeks. On the 13th of December I got up pretty late; she was up before me; she was dressing the child: the baker had brought a basket of bread: I unlocked the closet door for her, put the bread in, and went to the Synagogue: I had not been gone half an hour before my wife sent for me. I went home, and found my maid was gone off, and had taken the things mentioned in the indictment away. I went to all the pawnbrokers shops in Houndsditch, and Rag fair, to enquire for her; and afterwards met her in Bishopsgate street, facing Devonshire-street. I said to her, what have you done? She answered, I am quite undone, and fell about my neck, and kissed me. I brought her home, and sent for an officer. She was much in liquor. She said, Have patience, you shall have them all again; they are sold I don't know where. The officer said to her, Where is the money you sold them for? She said, she did not know. She had about 6 s. and 6 d. in silver, and 2 s. and 9 d. in brass about her. She said, This is my master's money, that I sold the things for. We sent her to the Compter. On the Monday morning following she owned she had sold the tea-chest at a shop on the right-hand in the Minories, for 18 d. and the tea-spoons at the the corner of the Minories, at a shop going into Rag-fair, but could not tell what money she sold the things for. She said she had 4 s. and 6 d. for the rest of the things, which she sold in Rag-fair. We found the tea-chest in the shop of Thomas Reynolds , the shop that she had described.

Abraham Abrahams . I am a constable, I was sent for on the Saturday evening to take charge of the woman at the bar; I found her full of liquor; she could hardly give an answer to any question. She said she had sold the tea-spoons to a silversmith in the Minories; but she being so drunk, we did not care to go any where with her that night. We searched her, and found 6 s. and 6 d. in silver, and 2 s. and 9 d. in halfpence upon her. She said she had that money for his goods, and that she had lost a piece of gold. Whether it was a guinea, or a half-guinea, she could not tell. I carried her to the Compter that night, and on Monday before the alderman. On her describing where the shop was where she sold the spoons, I took her there: I told the woman I had a warrant to search. She delivered the seven spoons, and tea-tongs. They answered the description the prosecutor gave of them. The prisoner confessed the whole before the alderman.

Thomas Reynolds . I am a silversmith, and live in the Minories: the prisoner pawned seven silver tea-spoons on Saturday night, the 13th of December, about four or five in the afternoon. [ Produced in court, and deposed to.] My wife paid seventeen shillings for them.

Q. Did you see it paid?

Reynolds. I did. The prisoner said her name was Philips: they weigh three ounces and three penny-weights.

Prisoner's Defence.

I leave myself to my master's mercy and the court: it is a fault I never committed before, but I was very much in liquor to be sure.

Guilty .

[Transportation. See summary.]

50. 51. (L) James Wiseman and James Skelton , were indicted for feloniously ripping, cutting, and breaking, a certain leaden pipe, val. 2 s. 6 d. belonging to Thomas Simkins , fixed to the dwelling-house of Robert Dalton , Jan. 15 . ||

Robert Green . I live in Basinghall street Postern , just on London-wall, in the house of Mr. Robert Dalton .

Q. What are you?

Green. I am a whip-maker.

Q. Do you know Thomas Simkins ?

Green. I do, he keeps an alehouse on London-wall, near a quarter of a mile from where I live.

Q. Who do you pay your rent to?

Green. To Robert Dalton , he rents the house of Mr. Simkins; there are two or three lodgers there besides me, Dalton lives in the upper part of the house. I went to bed at ten o'clock on Wednesday night last as usual, and slept very soundly till after twelve, then I was awaked by a knocking at my door. I heard Mrs. Dalton's voice, I asked what she wanted; she said she desired to speak with me: I got out of bed, and opened the door, and saw all the marks of surprize and fear about her. I asked what was the matter; she told me there was somebody about the house. I heard no noise myself, I went down stairs, and looked about, and began to think it was only her fear.

Q. Where was her husband?

Green. He was constable of the night (and that for the first time of his watch.) She said her window was broke; I unbarr'd the door, and went out, and looked up the yard. but saw nobody. I climbed up the leads. There are five or six sheds which belong to several houses. I then found her window broke: then I mounted on a higher lead. and presently I espied a man laying in a gutter between two sheds; he was creeping from me, I did not think proper to attack him myself, lest he should have some accomplice. I retreated; as soon as I came from the leads, I called out thieves, and an alarm was immediately given: it was some time before anybody came to my assistance. I saw a watchman in the street, and desired him to stand at a door, where I feared they might make their escape, and I watch'd the yard. I got a person to go to the watch-house for Mr. Dalton; he came, and brought several watchmen with him, then they began to search: the person that I saw on the sheds was found in a shed; he made his way out, and went to go upon the shed again, but was seized and secured.

Q. Which of the prisoners was that?

Green. That was Wiseman. I asked him if he had any accomplices: he said, Only let me have time, and I will tell you all. He then said he came along with James Skelton , that they had been together, and wanted money, and Skelton said to him, he knew where to get some; that was, he knew how to get into his mistress's house and how to get some money; and that the leaden pipe was in his way, and he thought proper to take that ( it was the bottom part of a pipe.) Skelton was not taken till the next day, then they were carried before the sitting alderman, there they both confessed it. Wiseman said he was drawn into it by Skelton, and Skelton said he pulled down the pipe in order to take it away.

Bates. I live opposite to where the affair w I was in bed, a woman called watch, th ard a man that watches at the corn what do you want? I got up; Mr. Dalton brought several watchmen: I, being a carpenter go upon a shed. When I was there, Wiseman came up where I was, in order to make his escape I laid hold of him: He said, Don't use me ill. I'll tell you how the thing was. I handed him down, and the watchman laid hold of him: then we asked him how the affair was: said he, I did not do it Mrs. Drummond's, the sn's apprentice (meaning the other prisoner) drawed me here; he called him Jemmy. He said they had been drinking together, and had neither of them any money, and he said to him. Come along with me, and I'll get some money.

Q. Whereabouts is Mrs. Drommond's house?

Bates. The back part of her house looks into that place. Wiseman said Skelton lifted him up by the leg, then he got up, and pulled down the lead; that Wiseman accidentally threw down some bricks, which broke the window, and alarmed the neighbours. Before the alderman he said he never was engaged in such an affair before, and begged mercy. Skelton said he had nothing to say in his defence, but that he did not intend to take the lead away. I found the pipe on the flat of the shed.

Robert Dalton . I was upon the watch that night, being constable, my wife sent one of my lodger for me. I took some watchmen with me. There are a great many passages there. I thought it necessary to fix two watchmen at the entry going to our yard, and went into the yard with other people; but Mr. Bates got upon the shed, and Wiseman was soon secured. He said James Skelton brought him there, to get money to buy beer; that Skelton told him he would take him to a place where they could get some; and that Skelton twisted the pipe; and pull'd it down. The next morning I took Skelton by London-wall, to his mistress's house, and charged him with having taken the leaden pipe. He was quite sulky, and made me no answer. I took him before the sitting alderman, there he confessed that he came there on purpose to take this lead, and begged of the alderman to be made a soldier.

Wiseman's Defence.

He and I were together all the afternoon. I being locked out of my lodgings, he told me where I could lie, and said, Come along with me, we can get into the shed where I served my time: we went in at a cooper's entry, and went there; he got upon the wall, and then on the shed: going over he saw a leaden pipe, he struck it with his foot, and slung it down; we had no intent to take it away, we went only to lay in the shed: there were a great many bricks fell, and made a noise, and alarmed the folks, that they called out thieves: as soon as the lead came down he ran away, and I was so affrighted that I did not know which way to go, and they came and took me.

Skelton's Defence.

I have laid in my mistress's shed, and I asked him to go and lay there. I never had the lead in my hand, or touched it.

For Wiseman.

Mr. Fare. I have known Wiseman between eleven and twelve years.

Q. How old is he?

Fare. He is about 16 years old; he lodged at the Magpye by Cripplegate. He was put apprentice to a fork-blade maker in Shoreditch parish.

Q. How has he behav'd?

Fare. He has behaved very well to my knowledge: I never heard the least blemish of him in my life: his master is gone for a marine, and the boy has worked with me about a year, and has behaved as well as a lad of his age could be expected to do.

William Ripkey Wiseman lodged at my house three months and an half

Q. How did he behave?

Ripkey. Always very well: he never lay out all the time till that night this thing happened.

Wiseman Acquitted , Skelton Guilty .

[Transportation. See summary.]

52 (L) Abraham Burton , was indicted for stealing one linnen shirt, two shillings, and one counterpain, value two shillings , the property of Joseph Hemmings , Dec. 17 . ++

Joseph Hemmings . The prisoner is apprentice to Mr. Baker, I am foreman to him, and had the care of the prisoner: he lodged and boarded in my house, I was to learn him his business.

Q. What business is Mr. Baker?

Hemmings. He is a paper hanger, and lives in Cheapside. The things mentioned in the indictment were missing. On the 16th of December I charged him on suspicion, and he confessed before the lord mayor that he got into the room, and took the things away: he directed me to the pawnbroker's where they were pawned: John Pain went, and found them accordingly.

John Pain . The things were lost on the 16th, and the prisoner owned on the 18th, that he had taken and pawned them at the three Blue Balls, facing the Blue Last, Black Friars. I went there, and they were delivered to me. [ Produced in Court, and deposed to.]

The prisoner said nothing in his defence.

To his Character.

William Merrill . I have known the prisoner ever since he was born.

Q. What is his character?

Merrill. I never heard any thing but that of an honest industrious lad.

John Francklin . I am his godfather, I never knew any thing but honesty by him.

Mary Hillney . I never heard any thing ill of him before.

William Reyner . I have known the prisoner some time, he always behaved extremely well; he has been on board a man of war, and is a good sailor.

Guilty. Recommended .

[Transportation. See summary.]

53. (L) Richard Glyn , was indicted for stealing one silver stock buckle, value four shillings, one silver stud, value eighteen pence, and one clasp knife, value four pence , the property of Thomas Spencer , Jan. 3 .+

Thomas Spencer . I lodge up three pair of stairs, in Pancras-lane, between Bucklersbury and Queen-street . I lost a silver shoe-buckle, one ood stud, and a clasp knife, on the third of this month, out of a table-drawer in my bed chamber.

Q. Do you know who took them?

Spencer. The prisoner was found in the dwelling-house.

Q. Did he belong to the house?

Spencer. No, he did not. We secured him till such time we had looked about, to see what was lost. I missed the things mentioned, we search'd the prisoner, and found them upon him.

Q. What did he say for himself?

Spencer. He said he came in to sleep.

Q. How did he get in?

Spencer. He got in at the warehouse-door, thro' the warehouse which goes up to the dwelling-apartment.

Q. What time did you find him there?

Spencer. It was between five and six in the evening

Q. Was he drunk or sober?

Spencer. I cannot tell which. I knew but little of the man; I had known him before, but not much of him. [The things produced in court, and deposed to.]

Q Did you take him before a magistrate?

Spencer. We took him before the lord mayor: there he did not deny the taking the things.

Q. Did he own he took them?

Spencer. I cannot say that.

Richard Franklin . The prisoner came in I believe while we were at dinner, and went from the warehouse to the back part of the house.

Q. At whose house?

Franklin. At the house of Mr. Hayter: our maid saw him in the dwelling-apartment, and called out to us below. Some went up. I was at the warehouse door, and as he came down I stopt him. We had him into the kitchen, and kept him there, while they went up to search what was missing. Thomas Spencer miss'd the three things mentioned in the indictment. We searched the prisoner, and found them upon him.

Q. What did the prisoner say for himself?

Franklin. Nothing at all.

Prisoner's defence.

The gentleman is something of a relation to me, and I had got a little by the head, and I went in there to sleep. I did not know what the things were; when I took them they were very black.

Q. Is the prisoner any relation to any person in the house?

Spencer. He claims some very distant relation to Mrs Hayter; they have been very kind to him in giving him victuals and cloaths; but he will not keep in any place. What imployment he is in now, I do not know; he is a very weak man.

Guilty .

[Transportation. See summary.]

53. (L.) Elizabeth Williams , spinster , was indicted for stealing one stuff petticoat, value 2 s. 6 d and six yards and a half of linnen cloth, value 5 s. the property of Sarah Barnes , Dec. 9 . +.

Sarah Barnes . The prisoner lodged with me. On the ninth of last month, she asked me for the key of the chamber, and said she would go up and make a fire, in order to get supper ready. She took it, and went up and staid ten or a dozen minutes, and then came down and went out. I went up and found my door open, and missed my petticoat, and six yards and a half of linnen cloth, and five shillings in halfpence, that lay on the tip top of the things. Her mother lodged with me; and upon taking her up, and examining her if she thought her daughter guilty, she said she thought she was; and by her mother I found her out. I got a warrant and took her up. She said she was very sorry for what she had done, and begged for mercy; and cried, and said she would never do the like again; and told us where the cloth and petticoat were, and we found them accordingly.

William Masters . The prisoner at the bar brought this piece of linnen to me on the 9th of December. She told me she bought it to make a gown for herself. I stopped it; and the prosecutrix's brother and prisoner came together for it; and I delivered it to them. [Produced in court, and deposed to.]

Prisoner. To be sure I was guilty of the fault; but I never saw any money as she has mentioned.

Prosecutrix. That is not laid in the indictment; but I lost it at that time. I have been a mother and a mistress to her. She has lived with me on and off, about seven years. She has got a place, then she has came away; and I took her in several times.

Q. Is she related to you?

Prosecutrix. No, not at all; only I took a fancy to her, and loved her. I never found her guilty of any thing else; but I will not take my oath of it. Let that fall, that was but a small fault, what she did before.

Guilty .

[Transportation. See summary.]

54. (L.) Mary Craddock , widow , was indicted for stealing one pair of shag breeches, value 6 s. and one linnen shirt, value 3 s. the property of Jeremiah Reason , Dec. 19 .

The prosecutor did not appear.

Acquitted .

55. (L.) Alice Thompson , widow , was indicted for stealing one pewter pot, value 8 d. the property of Henry Lee . One other pewter pint pot, value 8 d. the property of Joseph Jefferson . And one other pewter pot, value 8 d. the property of John Glover , Jan. 12 . +

Henry Lee . I keep a publick house . Last Monday night the prisoner at the bar was brought to my house with a pewter pint pot, my property.

Q. Do you know any thing of her taking it away?

Lee. No; she was detected at the king's-head, in the Old Change, the ostler brought her. She had a box in which were caps; in searching that, we found two other pint pots; there were four found in all upon her. [Produced in court.] She was taken before the alderman; there she confessed she stole them; she used to come about selling caps to people.

Joseph Jefferson . I lost a pewter pint pot, I believe on monday night the twelfth of this instant. The ostler at the king's-head in the Old Change, and another man, came with the prisoner to me and brought my pot; they said they took it out of her box, from under her caps, and at that time they showed me the other pot belonging to Mr. Lee, he lives in Little-Britain. I heard the prisoner say before the alderman, it was the first offence, and begged very heartily to be forgiven. I am certain my pot had not been taken above an hour, before she brought it again.

John Glover . I lost a pewter pint pot; but know not when, nor who took it I was sent for to the Castle by Guildhall, there the constable had the pot in his possession. How he came by it I do not know. [ Three of the pots deposed to by the three respective owners.]

John Mason . I am constable. I was sent for by Mr. Lee, to take charge of the prisoner; she had her box along with her, it was a band box, I opened it. There were woollen caps, and two other pewter pint pots, one was owned by Mr. Glover, and the other belongs to the landlord at the Bowl and Pin, in Thames-street, named William Pancrass , [he is not a prosecutor.] The prisoner downed on her knees two or three times, and begged she might be forgiven, and promised she would not do the like again.

Q. Did she own she stole them?

Mason. I heard her own they were found in the box, but did not hear her say she stole them.

Prisoner's defence.

As I was coming home, in the street I met a woman that sold old cloaths; she has travelled the streets a good while. I said you are very much loaded. Said she, so I. I wish you would carry this bundle into Bishopsgate street for me; they are old pots that I have bought. I said I should be at the White-hand. So I took them to carry for her. I put them into my box, because I thought they would not be so troublesome to carry, as if put them into my apron When I went into the house, the young man looked into my box; I thought it was as the woman had told me, or I should hardly have gone into the house with them. I have not seen her since, because I was taken up and confined. Here is one Mr. Smith, I see here, that knew me years ago. Please to call him to my character.

Q. To Constable. Did she give any account of a woman that buys old pewter, when she was in your custody?

Constable. No; she did not.

For the prisoner.

Mr. Smith. I am a pawnbroker, I have known the prisoner between twenty and thirty years; her father was a very great carpenter in Houndsditch. I never knew any harm of her; but I have not seen her for six or seven years. So know nothing of her character for that time.

Guilty .

[Transportation. See summary.]

56. (M.) Mary Adams , spinster , was indicted for stealing one linnen gown, value 2 s. and one silk cardinal, value 2 s. the property of William Hill , Jan. 4 . ++

Mary Hill. I am wife to William Hill. The prisoner lived servant with me a month; and after she had been gone from me two days, I missed a linnen gown and cardinal out of my drawers. I sent up to her at Hampstead. She was brought to me. I charged her with taking them. She confessed she had taken them, and that she had carried them to her aunt's house.

Q. What is her aunt's name?

M. Hill. Her name is Elizabeth Street

Q. Did you give her your consent for carrying them there?

M. Hill. No; I never did.

Q. What is her aunt?

M. Hill. She is a gardener's wife.

Q. Did the prisoner give an account how she took them?

M. Hill he said she took them while I was out. I had a search warrant, and went to her aunt's house, and the aunt gave them to me, as soon as came into the house

Q. What did the prisoner say before the justice of the peace?

M. Hill. I was not with her there. [The goods produced, and deposed to.]

Elizabeth Street. Mary Adams brought these things to my house.

Q. Are you her aunt?

E. Street. I am. I delivered them to Mrs. Hill, when she came and demanded them. I did not see what they were when she brought them in.

The Prisoner said nothing in her defence.

Prosecutrix. I believe she never did such a thing before.

E. Street. I will take care of her, and take her into my house if the court will please to shew her favour.

Guilty 10 d.

[Whipping. See summary.]

57. (M.) Thomas Kele , was indicted for stealing one brass cock, value 1 s and 2 d. the property of Charles Churchman , Dec. 15 +

Charles Churchman . I lost a brass cock out of my store room, on the eleventh of December.

Q. Was it ever found again?

Churchman. It was found upon the prisoner at the bar, by my foreman; I saw it the same night; my foreman sent for me to publick-house, where he had the prisoner and cock too.

Q. What did the prisoner say for himself?

Churchman. He said he was guilty of taking it; and was very sorry for it.

Q. Did he say from whence he took it?

Churchman. No.

Q. What is your foreman's name?

Churchman. His name is Charles Jones . I would recommend the prisoner to the court for mercy. He had worked for me five or six months, and behaved well before.

Charles Jones . I am foreman to Mr. Churchman; he losing a leaden pump [for which Manton was tried.] I had marked those cocks and other things, thinking to detect the person that stole the pump; and the prisoner happened to be the first man that was catched in stealing. He went into the nail room after some nails, and brought me the key again. And before he went out of the yard, I went into the room, and found one of the co cks gone. I followed him, and found it upon him. He was very sorry for it; and I dare say he will take care for the future. He was quite innocent as to the leaden pump. This is the first thing I ever heard or knew him to be guilty of. [ The cock produced.] This I know to be my master's property; for I marked it with a center punch; here is the mark upon it.

Thomas Jones . I am constable, the prisoner delivered this cock into my hands, and said it was not his property; and that it was the first thing that he had taken, and was very sorry for it.

Prisoner's defence.

I did not take it; I was going out of the yard, and a poor woman picked it up. I asked her what she would take for it, she said sixpence, and I gave it her for it.

To his character.

Mr. Lucas I worked with the prisoner three or four years; and he has worked for me.

Q. What is his general character?

Lucas. He is a very honest man, as far as I know. I have known him seven years, he lived with the duke of Bedford's steward three or four years.

John Fulwood . I have known the prisoner nine or ten years.

Q. What is his character?

Fulwood. That of an honest man, I never knew any ill of him, till this thing happened.

Q. What are you?

Fulwood. I am a bricklayer, I really think the thing has taken such an effect upon him, that I believe he will certainly be a good man hereafter. He has a wife and family.

Q. Did you hear what he has said in his defence.

Fulwood. I did.

Guilty 10 d.

[Whipping. See summary.]

58. (M.) George Bannister , was indicted for stealing one pair of leather shoes, value 18 d. the property of George Deacon , Dec. 12 . +

George Deacon . On the thirteenth or fourteenth of last December, I lost a pair of shoes.

Q. What are you?

Deacon. I am a shoe-mender .

Q. Were they new shoes, or old ones?

Deacon. They were old ones.

Q. What's the value of them?

Deacon. I believe eighteen-pence is the full value of them.

Q. Where were they taken from?

Deacon. They were taken from the cellar-head; the person that took them, I imagine, stood in the street.

Q. Did you see them taken?

Deacon. No; but I found them on the prisoner.

Q. When?

Deacon. between eight and nine o'clock: the night they were taken. As soon as I laid hold of him, he delivered them to me.

Q. Were there any body else with him?

Deacon. No; not as I saw.

Q. What did he say for himself?

Deacon. He said he was necessitated for a pair of shoes; and hoped I would not be angry; and he would never do the like again; and came back with me very readily. I took him before the justice. I wished I had not, for I have inquired since, and found he was never guilty of such a thing before.

Mary Frankston . I live just by the prosecutor. I saw the prisoner reach his hand into the cellar-head, and take the shoes out. Then I stepped to the cellar-head, and called the prosecutor out, and he ran after him.

Prisoner's defence.

I was coming along St. Giles's, and kicked the shoes before me, and took them up and put them under my arm.

Prosecutor. I cannot swear he took them from my shop.

Q Do you think they might not fall from the cellar-head into the street?

Prosecutor. They could not readily fall so.

For the prisoner.

Mary Baunister . The prisoner is my son-in-law. Mr. Deacon has charged 12 s. for the shoes, and has had it.

Q. To Deacon. Have you compounded this affair?

Deacon. I had not any money of them; they brought such a thing and laid it down, and there they might leave it for what I know. I did not take it, nor meddle with it.

M. Bannister. He had five shillings besides that; they had 17 s. in all, in order that my son should not be prosecuted. The 12 s. was left on his chest, in his own house; and I myself gave him the five shillings.

Q What did you give it him for?

M. Bannister. In order, as he said, to fling out the bill; he proposed to throw the bill out.

Q. Which had he first?

M. Bannister. He had the five shillings last.

Deacon. I will tell the whole truth as it is. In the first place, I lost, to the best of my knowledge, six pair of shoes. Since she has proceeded so cross, I will lay the thing open. I did not see the shoes taken, but my neighbour said he took them at three several times. When I went after him, I found but one pair upon him. When I took him before the justice, he owned to the taking of 5 pair. After he was committed, his friends came and said. I had been a very great sufferer by him; and they desired I would not be hard against him to hang him. They said they would make me recompence, for my loss. I said I will not take any recompence, I do not want to hang or transport him. Said they, you shall have satisfaction. I said, I did not desire any. This woman brought a man and woman, in order to bring me to comply. At that time, I would not take anything. She came again, and they brought me twelve shillings, and wanted to give it to me into my hand. Because my shoes were of more value, I would not take it; I nor my wife did not take it. They say they left it behind them; I cannot say they did leave any. When I came to Hicks's-Hall, to find the bill, they begged I would lay it easy, and they would make me amends, to help defray my expences. They sent a strange woman with five shillings, and that I did take of this strange woman. But as for any more, I did not; and that I did not insist upon; only as the woman said, I had lost so much, she would make me recompence, and I did not think any harm in it. If I had imagined any harm in it, I would not have done it.

Q. What became of the twelve shillings?

Deacon. I cannot tell whether they took it away or not, I cannot say.

Q. Did you see it?

Deacon. I saw it in their hands, and they tempted me with it several times.

Eleanor Gladman . Mrs. Bannister came to me, and desired me to go to this man's house, to see what he intended to do with her child. The man spoke very civilly, and said, he had lost so many pair of shoes, but could not tell who took them; and that he was a poor working man, and it was a great loss to him; that there were six pair of them, but he could lay no more than five pair to the prisoner: he told me 8 s. was the value of them. Then Mrs. Bannister came to me again. I said the man demanded 12 s. for them. Then she and I went to the prosecutor; she gave me 12 s. in my hand, and I offered it to him: he bid me lay it down upon the end of the chest: a man came in, and they were bargaining about some leather. I said to his wife, by his order, do you mind that money, don't let it be lost.

Q. Why did you lay it down there?

E. Gladman. Because he said he would not take it in his hand.

Q. Did he say he would not have any thing to do with it?

E. Gladman. No, he did not; he said he was willing to be paid for the things he had lost; and as he told us he had found one pair upon him, and he owned to the taking five more, I did give him five shillings in Hicks's-hall. He said he would throw the bill out for a small trifle. We asked him how much? He said five shillings. He said he had an acquaintance in Hicks's-hall, that he believed would do it, and he took the five shillings out of my hand.

Deacon. I never said no such thing.

Ann Hickman I have known the prisoner a great many years.

Q. What has been his behaviour?

A. Hickman. I never knew him do a bad thing in my life: he and I were bred children together.

Elizabeth Sparks . I have known him ever since he was five or six years of age, he is a very honest lad, and his father and mother very honest people.

Guilty .

The prosecutor paid the money back again, and by much humbling himself, narrowly escaped Newgate.

[Transportation. See summary.]

59. (M) Samuel Arnold , was indicted for stealing one hat, value 3 s. the property of Mary Wall , widow , January 10 . ++

Mary Wall. I keep a tobacconist's shop ; I lost a hat, my late husband's, from out of my shop. On Saturday night I had brought it down, in order to sell it, and laid it on the shop-window: I saw a man open the door, and put his hand in, and take it: I called out stop thief, and the prisoner was taken in a few minutes after, and brought to justice Cox.

Q. Where do you live?

M. Wall. I live in the Strand, within two doors of St. Martin's-lane ; I thought my hat lost, but soon was sent for to the justice; there I found the hat and the prisoner.

Q. What did the prisoner say for himself?

M. Wall. He said he was not the person that stole it: there I had my hat restored to me again.

Matthew Stubbs . I was going up the Strand, and I saw the prisoner come past me; there was a great cry after him, Stop thief, stop thief. I laid my hand on his shoulder, and said, Are you the man? He said, no, he was not. I went a little further, and saw something stand out behind his coat. I called, You, Sir, what have you behind your coat: he said nothing. He went on a little further, and threw the hat over some iron rails, at a person's door: I took it up.

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

Stubbs. I am sure it was he. [A hat produced.] This is the very hat.

Prosecutrix. This is my property, and what was taken from my shop-window that night.

Stubbs. The prisoner was taken, and secured by the constable and watchman, while I had the hat in my hand.

Q. What time of the night was this?

Stubbs. This was a little after nine at night: he was carried before the justice: he was asked about stealing the hat; and he said he knew nothing of it, he was not the man.

Q. How soon was he taken after you had took up the hat?

Stubbs. He was taken and brought back about a minute or two after; the woman was sent for, and she swore to her hat before the justice.

Prisoner's Defence.

I had been at Westminster, to see an acquaintance; coming back I saw a great crowd at justice Cox's door; I stood to see what the matter was; there was the cry, Stop thief. I saw something thrown over the rails. I ran along with the people: a person came and clapped hold on my shoulder, and said I had stole the hat. That person's a thieftaker I told him he was mistaken: they brought me to this man, Mr. Stubbs, and he said I was the person that threw the hat there; but I know nothing of the matter, neither did I know what was the matter, 'till I came to justice Cox.

Guilty .

[Transportation. See summary.]

60. (M) Thomas Pearce , was indicted for stealing one wooden-cask, value 2 d. and fifty pounds of butter, value 4 s. the property of Charles Bucchanan , Dec. 20 . ++

Charles Bucchanan . I am a cheesemonger , and live in Whitechapel . On the 12th of December. in the evening, I lost a cask of butter; but I never saw the prisoner till he was taken and brought back to my shop, with the butter upon him.

Q. Who brought him back?

Bucchanan. Henry Styles brought him back about two hours after it was missing.

Q. What time was it missing?

Bucchanan. There were 20 casks of them in all, at my shop-door, between five and six o'clock.

Henry Styles . I weighed this cask of butter, and put it with nineteen more, by the door, in order to be loaded: the cart was not ready. My master called me to do some business, and the cart came to the door: then we missed one of the firkins. I said to my fellow-servant, here are but nineteen! A little child was by; said she, I saw a man take one of the tubs up, and go over there (pointing towards Newcastle-street.) My master sent me and another fellow-servant as far as Aldgate; I went on one side of the way, and he on the other. We could see nothing of the cask. Then my master ordered me to go and look in all the alleys and places about: I went down Newcastle-street, Fashion-street, Winsford-street, and Wheeler-street; and left word at some little shops, if any person should offer a cask of butter to sell, to let my master know of it. After that a person came and said, such a person had offered some butter at a shop in Winsford-street. I went there; the woman met me at the door, and said, Here is a man can inform you of a person that has butter to sell. The man said, I'll shew you the man, he is at a barber's shop. We went into the barber's shop, and there I saw the cask standing, and the barber was shaving the prisoner. I said, What have you got here, rum, or brandy? Let us tap it. The prisoner got up, and d - d me, and said, It is my property. I knew it as soon as I saw it. I sent the man that called me there for a constable. I told the prisoner it was my master's property, and desired him to carry it along with me. First the prisoner told me he found it in George-yard, then in Castle-street, and at last said he was drunk.

Q. How long had it been gone before you missed it.

Styles. It had not been gone seven minutes before we missed it. The prisoner said he was sorry for it: he was put in the watch-house that night.

Q. Did he say he took it from the door?

Styles. No, he did not: the next morning he desired I would be as favourable as I could. I carried him to justice Fielding. [The butter produced in court.] This is my master's cask and butter, which was taken from the door that night.

A Witness. I saw the prisoner offer to sell this very cask of butter, at a little chandler's shop.

Prisoner's Defence.

I had done work, and as I was going home, between five and six in the evening, through Newcastle-street, there lay a cask or butter; I kicked it with my foot, thinks I what is this: I took it up, it was pretty heavy; there was no soul there to look at me. I said to myself, God bless me, this is a cask of brandy. I took it on my shoulder, and took it away. Thinks I, I will take it home; but instead of that I took it with me to the barber's shop, that I might be shaved. Then I thought I would have some inquiration after this the next day, which was Sunday; and thought I would have it advertized on the Monday, that every body might have their own property. There were no witnesses by when I took it on my shoulder.

Guilty .

[Transportation. See summary.]

61. (M) Mary, wife of Thomas Macintear , otherwise Mary Macintear , widow , was indicted for stealing one linnen shift, value 3 s. the property of Frances Coffield . Dec. 3. ++

Mary Coffield . I had taken my shift from a line, and put it in a basket at my bed's-head: the prisoner came to see me; I asked her to eat some bread and cheese. While we were talking together by the fire-side, there was an odd shift-sleeve hung on the line; I took, and put that in the basket. Then I am sure my shift was there. I was telling her how I had been robbed. I was taken ill, and could talk no more; and said I must lie down on my bed. I lay down, and she put the things about me: she wanted to draw the curtain; but I said I did not chuse that. She pulled the curtain with one hand, and I observed, at the same time, the things in the basket to stir; I looked, and saw her hand in the basket. I was afraid she was not an honest woman. She went away, and said she would bring some warm beer. When she was going out she asked me how she should fasten the door: I bid her fasten it, and put the key through the hole, which she did. As soon as I got a little better, I got up, looked in the basket, and missed my shift: it was a new one. She came to me in two days after; but I concluded not to let her know of it, 'till such time as I had an opportunity of taking her up; and I did not know but she would give me my shift again. At last I took her up, and before the justice she owned she had taken it, and cut it up.

Q. What was your shift worth?

M. Coffield. It was worth three shillings.

Prisoner's Defence.

I never saw the prosecutrix 'till she came to me six weeks ago lask Monday; she was talking of her poverty, and I said I was as poor as she: she told me I should come and live along with her, if I would. I said I should be glad of it: she told me where she lived. I said she might enquire my character at Mr. Prentice's, a cheese-monger, near Smithfield-bars, and a breeches-maker's. She asked me when I would come to see her: I said next Thursday, and I would bring my child. I went, and when I came to the corner of the house, there was a puddle of water, I could not get my child over. I went into her room, and found her sitting by the fireside. She told me she was very bad with her head and eyes, and could not afford t o have any fire at all: she said she was so ill, she could not tell what to do. I perswaded her to lie down on the bed. She said she could not make any money, not having any thing in the room that would fetch her sixpence, except an old gown that she had fetched out of pawn the last week. I said I would give her part of a pint of warm beer. She bid me go to the Eight Bells, and fetch it. I did, and gave her about half of it, as she lay on the bed. Then I covered her up. She asked me to come again the next day. I could not go that day, but went the Saturday following: she seemed to make me very welcome, and gave me the best part of half a peck of flour, and desired to know when I would come and live with her. I said, I was afraid the place would not do for me, it was so dirty, I could not come in with my goods. I went away, and did not see her again 'till the Thursday fortnight after; then she took me up. The constable that had me in charge, paid for a bed for me in Bridewell, for a fortnight and three days, after he heard of my character.

Guilty 10 d.

[Whipping. See summary.]

62. (M) Sarah Pettit , spinster , was indicted for stealing one silk gown, value 10 s. the property of Jane Sharp , widow , Dec 26 . ||

Jane Sharp . The prisoner was a lodger to me.

Q. Where do you live?

J. Sharp. I live in Newen-yard, Shoreditch .

Q. How long was she a lodger in your house?

J. Sharp. She lay seven nights in my house, in the same bed with me; I took her in, thinking her an honest person; she took an opportunity to take my gown out of my trunk.

Q. When did you miss it?

J. Sharp. The day after Christmas-day. I was drinking tea, and I took my key out of my pocket, and left it upon the table.

Q. When had you seen it last?

J. Sharp. I had not opened my trunk for three weeks before, or better.

Q. Where was the prisoner when you missed the gown?

J. Sharp. She went from me on the Saturday night, and I missed it on the Sunday.

Q. Where did you meet with her again?

J. Sharp. I found her in Moorfields, and asked her what she had done with the key of my trunk: she denied knowing any thing of it. Then I said, What have you done with my gown which you took out of my trunk? She denied that too; but at last she owned she had pawned it for ten shillings in Houndsditch. I went to the place where she directed me, and there I found it. [ Produced in court, and deposed to. ]

Prisoner. She lent me this gown, and I was to pay her 18 d. per week.

Q. to J. Sharp. Did you ever lend her that gown?

J. Sharp. No, never, neither to her or any mortal in the world. I have had it about 35 years, I did not use to wear it much myself.

John Comber . I dwell in the house of the prosecutrix, she left the key on the table; and since the prisoner has been taken up, I heard her own that she took it, and went and took the gown the day after Christmas-day.

Q. When did she confess this?

Comber. She confessed this on a Sunday evening, in King-street, Moorfields, and said she had thrown the key down the vault.

John Smith . I am a pawnbroker, and live in Houndsditch; the prisoner brought this gown to me to pawn on the 26th of December last.

Q. What is it made of?

Smith. It is a sort of damask, or sattin gown.

Q. What did you lend her upon it?

Smith. I lent her 10 s. upon it. I asked her whose it was; she said it was her mother's, who lived in Swan-alley, near Goodman's-fields; and that she had had it near 40 years.

Q. Did you know the prisoner before?

Smith. No, I never saw her before.

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

Smith. It was in the afternoon, before dusk. Jane Sharp has been and claimed it since.

Prisoner's Defence.

That gown was lent me for 18 d. a week; I paid one 6 d. of the money; I have witness of it.

Q. to prosecutrix. What is your business.

Prosecutrix. I take in washing for my bread.

Q. to Comber. Whether you heard the prisoner say the prosecutrix lent her that gown?

Comber. No, she did not say any such thing.

For the Prisoner.

Alice Royston . The prisoner lived with me about three years ago.

Q. How long did she live with you?

A. Royston. Two years and a quarter.

Q. What is her general character?

A. Royston. I never heard any ill of her.

Guilty .

[Transportation. See summary.]

63. (M.) Loramy, wife of William Obrian , otherwise Loramy Obrian , spinster, was indicted for stealing one pair of bed curtains, value 2 s. one large bible, value 3 s. one flowered silk gown value 6 s. one damask table cloth, value 1 s. one linnen sheet, value 2 s. one calico sheet, value 2 s. one-brass saucepan, value 1 s. the property of James Lynn , in a certain lodging room, let by contract , &c. Dec. 28 . ||

James Lynn . The prisoner took a lodging room of me, at two shillings a week. I have known her six years.

Q. When did she come to live in her lodging?

Lynn. She came about four months ago. I lost out of a chest in my own dwelling room, a pair of sheets, a callico one, a silk gown, and a diaper table cloth.

Q. What did you lose out of the prisoner's lodging room?

Lynn. I lost a large bible, and the curtains from her bed, and a saucepan.

Q. Did you ever meet with them again?

Lynn. I found them again, by the prisoner's own confession.

Q. When did she confess it?

Lynn. I cannot say the time, it was some time ago; I believe about a fortnight ago, I am under a great deal of confusion, my wife lies bed-rid, and I have no-body but myself to attend her.

Q. What did the prisoner say she had done with them?

Lynn. She said, she had pawned my bible and the gown for six shillings. I do not remember what she said she pawned the other things for. [The curtains, bible, callica-sheet, gown and saucepan, produced in court, and deposed to.]

Mr. Ashberner. I have known the prisoner upwards of half a year.

Q. What are you?

Ashberner. I am a pawnbroker, and live in Bedford-street, Bedford-row. These things here produced, were brought by the prisoner at the bar, and pawned at my house.

Q. What did you lend upon them, and when were they brought?

Ashberner. The gown was brought on the twenty-second of November, and pawned for seven shillings, the sheet the twenty-fourth for four shillings, the curtains the nineteenth of December for three shillings, the bible the twenty-fourth for three shillings; the saucepan the twenty-third for two shillings.

Q. Did you ask her whose property they were?

Ashberner. I did. She assured me that they were her own. She had been at our shop to pawn things before, and frequently redeemed them.

James Hunt . I live in Parker's court, Knaves-acre, St. James's. I am a pawnbroker. I have known the prisoner four or five months. She has used to pawn things at our shop. I took in a sheet and table cloth of her. [ Produced in court.]

Prosecutor. I cannot be sure to these things.

Q. What can you be certain to?

Prosecutor. I can swear to the gown and bible.

Prisoner's defence.

The prosecutor agreed with me; I was to pay the money at so much a we, and I was to fetch them again, and was going for the things when I was taken up. She gave me so long a time to get them again.

Q. to prosecutor. Did you agree she should get them again, and so to forgive her?

Prosecutor. No; I did not.

Q. Did your wife make such an agreement?

Ashberner. I now nothing of that.

Guilty .

[Transportation. See summary.]

64. (M.) Constant, wife of Stephen Thody , was indicted for stealing one silk bonnet, value 1 s. one cloth coat, value 3 s. one linnen shift, value 1 s. one child's blanket, value 1 s. one linnen shirt, value, 1 s. one muslin handkerchief, value 1 s. one checked handkerchief, value 6 d. one dimity petticoat, value 1 s. and two flannel petticoats, value 1 s. the property of William Cheetham , January 6 . ||

William Cheetham . I live in Houndsditch .

Q. What are you?

Cheetham. I belong to his majesty's navy.

Q. In what office?

Cheetham. I am captain's clerk ; the prisoner was hired by my wife, she carries on the business of quilting. I have sent the prisoner with gold, and she has brought me my change; we have left drawers open, and never found any thing diminished till this time. On the 6th of this instant, my wife admitted her to lie in the house, as it was late to go home to her own lodgings; and in the morning my wife went to look for some things to put on, and they were missing.

Q. What was missing?

Cheetham. The things mentioned in the indinctment. The prisoner was gone.

Q. Where did you meet with her again?

Cheetham. I found her in Shoreditch, about six that evening, she was very much in liquor, I secured her. The next morning she told us where the things were in pawn, she had my wife's cloak, apron and bonnet on; and a linnen shirt, a shift, a muslin handkerchief, a child's dimity skirt, and two flannel petticoats, were found at the pawnbroker's, by her direction, in Crispin-street, Goodman's-fields, pawn'd for 3 s. [ The things produced in court.]

Q. What is the pawnbroker's name?

Cheetham. Her name is Sarah Ambrouge .

Elizabeth Jeffereys . I am servant to Sarah Ambrouge ; I have known the prisoner near two years, she used to bring things of value to pawn of her own. I never knew her to do an ill thing in my life. She pawned those things produced here to me, on Tuesday morning, for 3 s. had they been of bigger value, I should not have disputed the lending the money on them. I asked her no questions.

Prisoner's defence.

I went to see some relations, and they got me a little in liquor, and I made free with my mistress's cloaths.

Guilty .

[Branding. See summary.]

65. (M). Christian Fresenburg , was indicted for stealing six china cups, value 1 s. nine china saucers, value 1 s. one china tea pot, value 6 d. and two china basons, value 6 d. the property of Gustavus Dormer , Dec. 18 . ||

Gustavus Dormer. I lodge at a publick-house in Wapping .

Q. What are you?

Dormer. I am seafaring-man . I lost out of my chest six cups, nine saucers, a tea-pot, and two basons; all china.

Q. When did you miss them?

Dormer. I missed them before Christmas. I cannot exactly tell the time.

Q. Why did you charge the prisoner?

Dormer. He lodge in the same house I do.

Q. Did you know him before?

Dormer. I never saw him before the night I came here from India.

Q. Did you ever find them again?

Dormer. I found them again in the house of Mary Dixon , eight days after I missed them, [ produced in court, and deposed to.] I carried the prisoner before a justice in Shadwell, and charged him with taking them, and he did not deny it.

Q. Do you know of his taking them?

Dormer. The prisoner said he had taken them, and carried them to Mary Dixon 's house.

Mr. Matthews. The prosecutor is a Sweed. The prisoner was supposed to frequent the house of Mary Dixon ; I was present at the search; the officer took Mary Dixon before justice Berry. There she said, Christian Fresenburg brought the china to her house; he was taken in about an hour after; but I was not present on his examination.

Q. To prosecutor. Did the prisoner say he took them out of your chest?

Prosecutor. No.

Q. Where did your chest stand; in a publick or a private room?

Dormer. In a publick room, where a great many people went.

Prisoner's Defence.

I never said any such thing as that; I carried them to Mary Dixon 's. I was not asked such questions at the justice's; neither did I take them.

For the prisoner.

Osmond Osmondson . I have known the prisoner five years; I always took him to be an honest man; he has been at my house several times. I live just by where the prosecutor lodges.

James Robertson . I have known him about four years; I have been in his company many and many a time; he always behaved as an honest man, I never heard any thing amiss of him, he is a very modest behaved young man.

Henry Hall. I have known him from a child, we were both bred and born, and brought up together in Norway, he is a seafaring-man.

Q. Did you ever fail with him?

Hall. No.

Q. What is his character?

Hall. He always behaved honestly, I never heard to the contrary.

John Michael . I belonged to the same place, and have known him many years.

Q. What is his general character?

Michael. He has a very good character.

Hans Saunders . I have known him seven years.

Q. What has been his behaviour?

Saunders. He has behaved very well. I failed along with him one summer; I was a schoolboy with him, I never heard any thing amiss of him in my life.

Frederick Christian . I have known him some years; he bears a good character, that of a sober industrious young man.

Acquitted .

66. (M.) Nicholas Campbell , was indicted for feloniously, falsely making, forging and counterfeiting, and causing and procuring, and willingly acting and assisting, in making a certain promissory note, for the payment of 1350 l. with the name Joseph Pearson thereunto subscribed; purporting to be signed by the said Joseph, January 19, 1758 ; and for publishing the same, well knowing it to have been forged, with intent to defraud the said Joseph , &c.*

Benjamin Leicester. I went with Mr. Pearson, the prosecutor, to Wilderness walk in Chelsea, to see a little house that was to be sold by auction. I gave him my opinion of it.

Q. When was this?

Leicester. I think it was sometime in June last; we viewed the house, and talked about Campbell all the way we went, and he seemed to be utterly unacquainted with him.

Q. When was the house put up by auction?

Leicester. I believe it was the 28th of June, I cannot be certain.

Q. Who was auctioneer?

Leicester. Mr. Gibson was. I went there along with Mr. Pearson and Mr. Den, we were in the room some time before Mr. Campbell came.

Q. Did Mr. Pearson bid at this auction?

Leicester. No; he did not; I did by his direction.

Q. Did Mr. Den bid?

Leicester. I believe he did not.

Q. Was Mr. Campbell, near Mr. Pearson, in the room?

Leicester. No; they were at some distance, Mr. Campbell came into the room almost by him, I did not see him take notice of him, as if he knew him, not the least in the world; and indeed I believe they were strangers to each other.

Cross Examination.

Q. Do you believe they did not know one another?

Leicester. I do not believe they knew one another.

Ann Gascayne . I am a relation to Mr. Pearson, I have lived with him as house-keeper, this five or six years.

Q. Have you been conversant in his transactions in money affairs?

Gascayne. I always was privy to his either borrowing or lending.

Q. Do you know Mr. Campbell?

Gascayne. The first time. I ever saw him, he came to the George, about the fourth or fifth of September last, to borrow 20 l. of Mr. Pearson.

Q. Can you take upon to say you never saw him before the fourth or fifth of September last.

Gascayne. I can.

Q. Is Mr. Pearson a man of worth?

Gascayne. He is; Mr. Campbell had borrowed 40 l. of him before.

Q. How do you know that?

Gascayne. Mr. Pearson told me so.

Q. Did you ever see Campbell write?

Gascayne. No; but I saw the note for the other money.

Cross Examination.

Q. Is Mr. Pearson a man of credit and circumstance, able to answer such a sum as 1350 l.

Gascayne. He is.

Q. Do you know any thing of Mr. Campbell's circumstances.

Gascayne. I know nothing of that.

John Norman . I am waiter at Bridge-street-coffee-house, in Bridge-street.

Q. Do you know the prisoner at the bar;

Norman. I do.

Q. Do you know Mr. Pearson?

Norman. I have seen him two or three times, I know him very well.

Q. Do you remember at any time, and when, Mr. Pearson and the prisoner at the bar being at Bridge-street-coffee-house?

Norman. As near as I can recollect, it was on the 12th or 13th of last December.

Q. Why do you remember the time?

Norman. The reason I remember it is, I had a letter from out of the country, and Mr. Campbell sent me out for some paper, and I brought some paper to answer his purpose and mine too; the first I brought, he did not like, it was not fine enough; then he sent me out for some thin paper.

*** The Last Part of these Proceedings will be published 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 Friday the 16th, Saturday the 17th, and Monday the 19th of January.

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

NUMBER II. PART III. for the YEAR 1761.

LONDON:

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

M. DCC. LXI.

[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. WAS Mr. Pearson with him then?

Norman. He was.

Q. Were any body else there?

Norman. There was another gentleman in the room, but I don't know who he was.

Q. When you brought the paper, what did you do with it?

Norman. I laid it on the table, Mr. Pearson was on one side of the table, and Mr. Campbell on the other; there might be twelve or fourteen guineas laying on the table: after that I went to the bar, and when I came back again there was a note wrote.

Q. Who wrote it?

Norman. I think the prisoner wrote it.

Q. Did you see t he pen in Mr. Pearson's hand?

Norman. No, I did not: when I came there that time I heard Mr. Campbell reading, I heard him mention the sum of seventy-four pounds odd, I cannot say the sum.

Q. Who was the note delivered to?

Norman. Mr. Campbell read it, and laid it down to Mr. Pearson; Mr. Pearson was telling money on the table, as if it was for Mr. Campbell.

Q. Why do you think so?

Norman. I think it was by the reading of the note.

Q. Did you see Mr. Pearson take the note up?

Norman. No.

Cross Examination.

Q. Was Mr. Pearson telling the money as receiving it or paying it?

Norman. I thought by his laying it down he was paying it.

Q. Who was that other gentleman that was present?

Norman. I cannot say, I do not remember who he was; I think he was a stranger.

Q. Was he there before they came in, or after?

Norman. He was there before they came in.

Q. Was he at the same table with them?

Norman. No, he was not; he was no part of their company.

Q. Whereabouts in the room were they?

Nelson. They were sitting just by the fire.

Sir Thomas Reynolds . I know Mr. Campbell, I went to meet him at the Mitre and Dove, he sent to me to come there.

Q. When was that?

Sir. T. Reynolds. It was on the 13th of December last; there was a person with him that I did not know then.

Q. Do you know him now?

Sir T. Reynolds. Yes, it was Mr. Pearson: I staid there about a quarter of an hour, we went out all three together, I went to the right-hand, and they at a distance to the left; they had some discourse which I thought I had nothing to do with. As soon as they had ended their discourse Mr. Campbell came up to me, and said he owed that gentleman a sum of money.

Q. Do you recollect the sum?

Sir. T. Reynolds. To the best of my remembrance it was about 70 l.

Cross Examination.

Q. Do you know Mr. Campbell's circumstances?

Sir T. Reynolds. No, I do not.

Q. How long have you known him?

Sir. T. Reynolds. I have known him about two years.

Q. What is his character?

Sir T. Reynolds. I never knew any thing to his discredit, I thought him a man of a fair character.

William Ray . I know Mr. Campbell by sight.

Q. Do you know Mr. Pearson?

Ray. I do by sight.

Q. Do you remember seeing them together any where?

Ray. I saw them together at the Mitre and and Dove in King-street, Westminster.

Q. When was that?

Ray. As near as I can remember it was the 16th of December; they were there before I went in. I went to dine there, they were talking about some money-affairs.

Q. Do you remember what sum?

Ray. As to any sum I cannot tell. I apprehended Mr. Campbell, by his talk, might be indebted to Mr. Pearson. Mr. Pearson desired he would give him some writings, some title deeds of some estate that he had near Chelsea; which Mr. Campbell refused: but he proposed to sell him the house. They could not agree about that: then Mr. Campbell proposed one to take one man, and the other another, and set a moderate price upon it. Mr. Pearson said, If we cannot agree about that affair, will you appoint any day when you will pay me the money? and I will not insist upon taking any interest. The sum I never heard mentioned.

Jane Doe . I live at the Red Lion in Bow street, by Westminster-market.

Q. Do you know Mr. Pearson?

J. Doe. I do.

Q. Do you know Mr. Campbell?

J. Doe. I do.

Q. Did you ever see them together, and when?

J. Doe. I remember I see them both together, and that was the first time, but I cannot tell exactly when. I believe it was about the sixteenth of December.

Q. What day of the week?

J. Doe. I think it was on a Monday. They came in together, and called for some rum and water: they desired me to get a sheet of paper.

Q. Which of them desired that?

J. Doe. One of them, I don't know which: I got the rum and water, and came with it.

Q. What room were they in?

J. Doe. They were in a little back room on the ground floor.

Q. Was any body else in the room?

J. Doe. No-body but themselves. I got them paper, and pen, and ink: they desired a bit of bread and cheese, I got it them, and by this time Mr. Campbell had wrote several notes, and Mr. Pearson did not like them.

Q. How do you know that?

J. Doe. Because I saw them on the table, and I saw Mr. Campbell writing them before I left the room, and I came into the room afterwards, I attended on them several times; he had wrote one sheet out, and Mr. Pearson did not like any of them, and desired I would get another sheet of paper.

Q. What reason did Mr. Pearson give that he did not like the notes?

J. Doe. He said Mr. Campbell did not spell it right.

Q. Did you get another sheet?

J. Doe. I did, and brought it into the room.

Q. How long did you stay?

J. Doe. I did not stay many minutes. Then Mr. Campbell said to Mr. Pearson, Do you write the note. He wrote something I know for Mr. Campbell to sign. I think Mr. Pearson went into the yard, and when he came in again, Mr. Campbell gave him the note, and Mr. Pearson did not like it. I was called to, to get a pot of beer, and as I was coming up stairs, I heard a great noise. Mr. Pearson called out for a constable, I went into the room, and took the bowl off the table, fearing it should be broke. There were some papers then burning in the fire, that had been flung in, what the contents were I cannot tell.

Q. At this time did you hear Mr. Pearson accuse Mr. Campbell?

J. Doe. I heard Mr. Pearson say he had lent him so much money, but how much I cannot tell; and Mr. Campbell called Mr. Pearson several names, he called him usuring dog, and said he did not owe it him.

Q. Did you hear Mr. Pearson say how much he owed him?

J. Doe. No; the last words I heard Mr. Pearson say was 7 l. Mr. Campbell called him usuring dog, and said he had had two pounds for the use of it. Mr. Pearson said he had lent Campbell seven pounds last, to make the money up seventy-two or seventy-four pounds, I cannot tell which.

Q. Can you recollect whether there was any complaint made about burning a note?

J. Doe. Yes, by Mr. Pearson; he said the rogue had burnt his note, and called for a constable. Mr. Campbell said Mr. Pearson had used him ill, and if he had his sword he would run him thro' for his detaining him.

Q. Did Mr. Pearson mention those words, to make up seventy-two or seventy-four pounds.

J. Doe. I heard the words to make up, and I heard him speak of seventy-two or seventy-four pounds; but Mr. Low can remember better than I, he came to my assistance when the gentleman called out for a constable.

Q. At that time did Mr Campbell pretend that Pearson owed him any money?

J. Doe. Yes, Campbell said the rogue had borrowed money of me, and Mr. Pearson said he never borrowed a farthing of him in his life.

Cross Examination.

Q. What sum did Mr. Campbell tell Mr. Pearson he had borrowed of him?

J. Doe. I cannot tell.

Q. Did you not hear a great sum mentioned?

J. Doe. No, I did not.

Counsel. No sum above seventy-four pounds?

J. Doe. No.

Q. Can you recollect what it was that was said about seventy-four pounds?

J. Doe. There was such a noise between them that I cannot tell.

Counsel. You say Mr. Pearson said seventy-two or seventy-four pounds.

J. Doe. Yes.

Q. Did you hear the words mentioned, to make up seventy-two or seventy-four pounds, or did you conclude that within yourself?

J. Doe. I concluded that within myself.

Q. Whether there was any mention made of a sum of money to make up seventy-two pounds, or whether the sum seventy-two pounds was mentioned?

J. Doe. Seventy-two, or seventy-four, or seventy something, was mentioned by Mr. Pearson, but I cannot tell in what manner.

Q. Can you tell what the seven pounds were mentioned about?

J. Doe. No. I heard both Mr. Campbell and Mr. Pearson mention seven pounds.

Q. Are you able to recollect what was mentioned by Mr. Pearson about seventy-two or seventy-four pounds.

J. Doe. No; all I can recollect was the um.

Counsel. You say there were several notes wrote by Mr. Campbell.

J. Doe. Yes, I saw several laying on the table.

Q. Was any other objection made, except that of their not being spelt right?

J. Doe. I know nothing at all of any thing else; I heard no other objection.

Q. Were the words, Mr. Campbell had borrowed, or had money of him?

J. Doe. It was borrowed.

Thomas Low . In December last I was in the tap room at the Red-lion in Bow-street, when Mr. Campbell and Mr. Pearson were there; I did not know that any-body was in the back-room, till I heard a disturbance, and somebody call out for help.

Q. What did you do upon that?

Low. Upon that I ran into the room; there were Mr. Campbell and Mr. Pearson. Mr. Campbell wanted to go out of the room: they had hold of each other: Mr. Pearson said Mr. Campbell had borrowed seventy-four pounds of him, and (to the best of my knowledge) Mr. Campbell said he did not owe him the money.

Q. Did you see any note?

Low. There was a note of seven pounds ten shillings given from Campbell to Mr. Pearson; Campbell lifted up his stump arm, [Note, His left-hand was cut off at the wrist] and was going to strike Mr. Pearson. I got between them; Mr. Pearson said Campbell had borrowed of him seventy-four pounds, and he had burnt the note, and given him that note instead of it, for seven pounds ten shillings: then Mr. Herd came into the room; Campbell said the seven pounds ten shillings was more than he owed Mr. Pearson. Mr. Pearson said, You villain, how can you say such a thing when you know you had the money of me?

Q. Did you hear any demand made by Campbell at that time upon Mr. Pearson, that Mr. Pearson owned him a large sum of money, a thousand pounds, or the like?

Low. No. I did not hear any such thing.

Q. Did Campbell say any thing about Mr. Pearson owing him money?

Low. No, not a word.

Thomas Skerratt . I remember being at the Red Lion in Bow-street, when Mr. Pearson and Mr. Campbell were both there.

Q. When was it?

Skerratt. It was in the evening I believe, on the 16th of December last.

Q. Do you remember any dispute between them concerning a sum of money and a note?

Skerratt. I heard a noise in the back room, I went in, there were Mr. Pearson and Mr. Campbell a quarrelling very much. Mr. Pearson said Campbell had burnt a note of his for seventy or seventy odd pounds; there was a note there of seven pounds ten shillings.

Q. Did you see it?

Skerratt. No, but I heard of it, and that Campbell had given him that note for a note of seventy odd pounds.

Q. Who did you hear it from?

Skerratt. From them both. Campbell owned he had given him a note for seven pounds ten shillings, and that it was more than he owed him, for he did not owe him above five pounds.

Q. Did any-body ask Campbell how he came to give so large a note for so small a sum?

Skerratt. I asked him, and told him it was good for nothing. He answered he was distress'd for want of money.

Cross Examination.

Q. Do you know Mr. Campbell's circumstances?

Skerratt. No, I do not.

Eleanor Stevens . I live at the Three Tuns in Tuston-street. On the 16th of December Mr. Pearson came to my house, about eight o'clock in the evening.

Q. Do you know him?

E. Stevens. That is Mr. Pearson. (pointing to him in Court.)

Q. Did he come alone?

E. Stevens. No, Mr. Campbell came with him. Mr. Campbell called for a private room; Mr. Pearson said, I do not choose to come in, you have abused me so much to-day. Upon that Mr. Campbell pushed him in before him, and called for a shilling's-worth of punch: while I went to make the punch Mr. Campbell locked the door.

Q. Did you see him lock it?

E. Stevens. No, I did not, but the key was found in his pocket three days after, and he brought it home himself, and his son came along with him.

Q. Did you hear the key turned?

E. Stevens. No, I did not.

Q. How do you know it was locked?

E. Stevens. I went with the punch to the door, and found it locked, and then I heard Mr. Campbell say to Mr. Pearson, You rascal, go immediately on your knees, and ask my pardon for what you have done, or else I'll stab you. I heard Mr. Pearson ask him if he had brought him in to give him his money; and Mr. Campbell d - mn'd him for a rascal, and said he ow'd him nothing.

Q. Did you hear any other expression?

E. Stevens. I stood at the door, and said, Gentlemen, open the door, hearing Mr. Campbell threaten the gentleman's life. Mr. Pearson said. I am not afraid of you, Sir, for I wear as good a sword as you. I called to Mr. Campbell to open the door, and said, What do you mean by locking my door? Mr. Campbell d - mn'd me for a bitch, and said he would not open the door. I called to Mr. Pearson to take a candle, and look upon the ground, and see if the key was there; Mr. Campbell said, D - n you, you bitch, I'll kick your a - e if you say I have locked the door.

Q. How do you know it was Campbell said that?

E. Stevens. I knew his voice. I went and broke a quarry in the window, to have the key given me out, but I could not get it. Then I called my husband, and Campbell struck the light out of his hand. Then I said, Give me the candle, and I'll go and light it, and see if he'll strike it out of my hands. Campbell stamp'd upon my husband's toes, and bid him search his pockets for the key. My husband said, No, I will not touch your pockets, perhaps you may have a charge of money about you, and you may swear a robbery against me. He struck my husband up against the glass.

Q. Do you remember John Bright and William Hudson being there?

E. Stevens. Yes. Mr. Hudson followed my husband in, and Mr. Campbell got out at the door, and would not pay for the liquor. Mr. Pearson said, Madam, I have no money in my pocket, but I'll leave my gold watch, and come to-morrow and pay you. I said, I will not have your watch, I'll trust you I remember Campbell going three times out of the room, and the last time he brought a woman in with him: the woman asked me what damage he had done; I said he had broke some china.

Q. Was this before or after Mr. Pearson was gone?

E. Stevens. This was before Mr. Pearson was gone, Mr. Pearson staid about two hours after. I remember Mr. Campbell said, if he could not have the advantage of him then, he would when he came from duty at St. James's. [Note, Mr. Pearson is one of the gentlemen-pensioners.]

Q. What did this woman call herself?

E. Stevens. She called herself his sister; she pulled out some gold, and said, What damage has my brother done? I'll make you satisfaction.

Cross Examination.

Q. Whether either of them drew?

E. Stevens. No, I heard nothing of drawing in the case.

Q. Were they both in a great passion?

E. Stevens. No, Mr. Pearson was very mild.

Q. When did Mr. Campbell bring you the key of your room?

E. Stevens. He brought it three days after, and called for a shilling's-worth of punch, and asked me to drink with him.

Q. Did you know him before?

E. Stevens. No.

Q. Then how could you tell it was his voice?

E. Stevens. I knew it, because he stood at the door, and I could distinguish it.

William Stevens . I keep this house. I remember Mr. Pearson and Mr. Campbell coming into our tap-room. Mr. Campbell called for a private room. I laid a fire for them. Mr. Campbell called for a shilling's-worth of rum and water. After I had lighted the fire, I went about other business. My wife went to their room door, and it was locked. She called me.

Q. How long had she been at the door?

Stevens. I cannot say that; she said she could not get in; I said, Give me hold of the rum and water. I called to Mr. Campbell, and said, Please to open the door? He said, I will not you rascal. what do you want here? Said I, Please to open the door? I heard him abuse Mr. Pearson very much, bidding him down on his knees, and threat'ning to stab him. I said, Mr. Campbell, if you will not open the door, I'll break it open. Mr. Campbell said, now I cannot have my will here, the first time I see Mr. Pearson coming from St. Jame's, I'll do for him. He jumped on my toes, and abused me. I asked him for the key of the door; he said he would not give it me. After that he went out and fetched in a woman; he called her sister, and she him brother, and they went away together.

Q. Did you break the door open?

Stevens. I did.

Q. Who was in your house at this time?

Stevens. John Bright was, he followed them.

John Bright . On the 16th of December last I was at Mr. Stevens's house, Mr. Campbell and Mr. Pearson were there, and a woman was in company with Mr. Campbell; after the quarrel was over, Mr. Campbell and the woman went away together, and I went after them.

Q. Did you follow them close?

Bright. I did.

Q. Did you hear Mr. Campbell tell the woman any thing, and what?

Bright. This was in the Horse-ferry road, where I followed them; I heard nothing, and I went back again to Stevens's house, and the woman came back, and offered Mr. Steven's money for the injury Mr. Campbell had done. When she went out, I followed her out again.

Q. Did Mr. Campbell come back with her?

Bright. No, I went to the corner of Rumleyrow, there they were standing.

Q. How far is that from Mr. Steven's house?

Bright. It may be about 20 yards distance. I went past them, and heard nothing. I turned and went into the passage, that they might think I was some other man. I heard the woman say, What do you owe Mr. Pearson? he made answer 7 l. 10 s. or 70 l. I cannot tell which.

Q. What did he say to the woman, whether the debt was paid?

Bright. He told her he owed Mr. Pearson 7 l. 10 s. or 70 l. I do not know which.

Cross Examination.

Q. What are you?

Bright. I am a gardener.

Q. Did you know them both before?

Bright. I never saw Mr. Pearson nor Mr. Campbell before that night.

Q. How was the woman dressed?

Bright. She was dressed clean and decent.

Q. What led you to follow a gentleman and his sister?

Bright. Seeing Mr. Pearson in such a condition, I thought I would follow them; if they had went into an alehouse, I should have followed them.

Q. Had Mr. Pearson and you any talk together before this?

Bright. No, we had not changed a word together.

Q. How came it you followed them no farther?

Bright. I thought when I was past the alehouses, it was not worth my while to follow them any farther, thinking I should not hear a ny thing.

Q. How came you to think a gentleman of his appearance should go into an alehouse?

Bright. He was then dressed very mean, not as he is now.

Q. What did you do after this?

Bright. Then I went and told Mr. Pearson of it, and he said Mr. Campbell owed him 70 odd pounds.

Q. Have you been better acquainted with Mr. Pearson since?

Bright. I never saw Mr. Pearson from that time, till Wednesday last.

Samuel Jefferys . I know Mr. Pearson and Mr. Campbell; I have known the latter 20 years.

Q. Do you remember seeing this note at any time? [The note laid in the indictment put into his band.]

Jefferys. Yes, I saw this note in my house?

Q. When?

Jefferys. This was the day after they were in my house, and had a dispute there. Mr. Campbell came and said, Mr. Jeffery's. have I done you any damage? I said, no. He said, This rascal, now look at this note, he owes me so much money. I looked slightly at it, I believe this is the thing, it was for 13 hundred and odd pounds.

Q. When was this?

Jefferys. I believe it was on the 17th of December; it was the day after burning the note at my house. He said, This man has used me ill, he owes me so much money.

Q. Did the note appear as it does now?

Jefferys. It did.

Q. Did you see sand on the writing?

Jefferys. Yes, there was some sand on it: I said, Gentlemen, how long will sand lie on a note after it has been wrote. Mr. Hord was there, he knows more of it than I do.

William Marshall . I am clerk at the bill of Middlesex-office. [He produced a file of affidavits.]

Q. Have you ever an affidavit there sworn before you by the prisoner at the bar, Mr. Campbell?

Marshall. Here is an affidavit. [separating it from the rest ] sworn by a gentleman that had but one hand, that is all I know of the gentleman; it was dark some time before the affidavit was sworn [he looks at the prisoner] I believe it was the prisoner at the bar: I always ask them whether their name is of their own hand-writing: he said it was.

Q. When was the affidavit made?

Marshall. It was made the 18th of December last.

Mr. Ironson. I am acquainted with the handwriting of Mr. Campbell.

Q. Look at this note for 1,350 l. the name Joseph Pearson ?

Ironson. The Jo in Joseph is drawn over with a black ink, the same that the body of the note is wrote with. The seph Pearson, are with a faint yellowish coloured ink; it seems to me that the name was wrote with that faint ink, and the Jo has been blacked, or drawn over since by the same ink that the body of the note was wrote with.

Q. Whether the Jo are not sanded with the same sand as the body of the note is?

Ironson. They are with the same sand, and the sand is fresh upon them two letters, and the body of the note.

Q. Whether there is any of that shining-sand on any other letters in the name besides the Jo?

Ironson. No, the other letters have no sand on them.

Cross Examination.

Q. Whether some parts of the body of this note is rather of a thinner ink, than other parts; that is, whether some parts of the body of the note does not appear thicker, and some thinner?

Ironson. Yes, but the body of the note seems to be wrote all with the same ink.

Q. Whether the sand is upon that part of the body of the note where the ink is thin, as it is where the ink is thick;

Ironson. To be sure there is much more of the sand upon the thicker part, than upon the thin; but there is some sand on different parts of the body of the note. [The Jury look at the note.]

Mr. Hulls. I went with Mr. Campbell to swear the affidavit.

Q. Look upon the affidavit?

Hulls. This is Mr. Campbell's hand-writing: [ Pointing to the name.]

Q. Did you see him swear it?

Hulls. I did.

Q. Was there a writ taken out in consequence of this?

Hulls. There was, I made out the writ against Mr. Pearson.

Q. Was he arrested upon it?

Hulls. I believe he was.

Q. Did you see the note?

Hulls. I did.

Q. Is this the note upon which that affidavit was made? [He takes the note for 1,350 l. in his hand.]

Hulls. This is the note Mr. Campbell shewed me, in order to draw the affidavit.

The affidavit read to this purport.

That Jos. Pearson is indebted to Nicholas Campbell , in the sum of 1,350 l. sworn 18 Dec. 1760, before Wm Marshall .

Josbua Brogden. I am clerk to justice Fielding, I remember the prisoner at the bar being before Mr. Fielding.

Q. Look upon this note. [The note for 1,350 l.

Brogden. [Takes it in his hand.] Mr. Campbell produced this note before Mr. Fielding, as a note of Mr. Pearson's: He said he wrote the body of the note, and Mr. Pearson signed it.

Q. Was Mr. Pearson present at the time?

Brogden. He was.

Mr. Sparrow. I am very well acquainted with Mr. Campbell's hand-writing, as to his signing of his name.

Q. Look on this note? [The note for 7 l. 10 s. he takes it in his hand.] Whose hand-writing do you believe the name to the note to be?

Sparrow. I believe the name to be the handwriting of Mr. Campbell.

Q. Whose hand-writing do you believe the body of the note to be?

Sparrow. I believe that to be his hand-writing also.

Q. Look on this note? [The note for 1,350 l. he takes it in his hand.] Whose hand-writing do you take the body of this note to be?

Sparrow. That I believe to be the hand writing of Mr. Campbell.

Sir William Beauchamp Proctor. I know Mr. Pearson.

Q. Do you look upon him to be a man of substance?

Sir William. I do.

Mr. Ring. I am acquainted with Mr. Pearson, I have transacted business for him as an attorney.

Q. What is your opinion of him as to his circumstances?

Ring. I take him to be a man of very good circumstances, and a very honest man.

Cross Examination.

Q. Whether he is not a gentleman that transacts affairs, that makes it necessary to borrow money sometimes?

Ring. I have made mortgages for him; he lends money sometimes.

Q. Does he not change money from hand to hand often?

Ring. I never knew him to shift money.

The note read.

Six months after date I promise to pay to Nicholas Campbell , or his order, One thousand three hundred and fifty pounds, with interest after the rate of five per cent, this 19th of January, 1758, for value received,

By me Joseph Pearson .

The council for the crown gave the jury to understand, that if the name Joseph Pearson was a forgery, it was an exceeding close imitation, and he should not contest it whether it was not wrote on a loose piece of paper by the prosecutor, and had fallen in the way of the prisoner, who might add the body above. And as the verdict depends much on the face of the note, we shall not be intelligible to our readers, if we do not describe it in the best manner we are capable.

Note, The paper, and the name Joseph Pearson, seemed to be some years old; the name in pale ink; the body of the note very lately wrote with black ink, and fresh sand on it; and also on the two first letters in the name Joseph. which appeared to have been drawn over with the same black ink, with which the body of the note was wrote; and the name Joseph Pearson stood close to the bottom corner on the left-hand.

Prisoner's Defence.

All I can say is, I am very sorry that ever I lent my money to such a worthless man, that now wants to swear away my life to get rid of the payment of this sum. He has trifled with me time after time, and never paid me any. I believe about the year 1756, was the first time I had an opportunity of knowing him. He came to my house, I was not at home the first time. The next time I was; he told me be let out money in different ways, and he could tell me how to lend my money in a different way, and get money in a more honourable way; and if I would lend him seven or 800 l. upon his note, he would give me a premium, and five per cent for my money. I said if he would call again in a fortnight or three weeks, I would consider of it. In that time he called again: then I told him I believed I could get him the money, if he would give me proper security for it; and I told him I had enquired after him, and believed he was capable, being a gentleman pensioner. He said he had a good deal of money in stock at that time. At the same time I told him if he would call in a week or 10 days, I believed I could raise the money. I sold off some Bankstock, and Lottery-tickets, and agreed to lend him the money. He made an appointment to meet at the Golden-cross, Charing cross. There I lent him the money, and took his note for it. This was about the 20th of December 1756, it was 800 l in Bank-notes, and money. I had not seen him for some time. Then I met him in St. James's park; he said he had disposed of the money to good advantage, and said you need not be afraid of your money, it is in very good hands. We parted then, and in about 10 days time he came to my house, and said, if I could raise him 400 l. more, he would give me security for it. I told him I had some annuities and lottery-tickets; and if he would call again, I would consider of it. Then he came again, about the 16th of August: he met me at the Admiralty-coffee-house: I lent him 400 l. and he paid me the interest due on the former note. Then he gave me a note for 1200 l. After that he called again, and said he had disposed of my money, and had lent 1000 l. upon one of the new built houses in Cavendish-square; and he had made an advantage of the builder, that wanted money to go on with a building near that square. About the 1st of December 1757. he asked me if I would lend him another 100 l. or 150 l. I made him for reply, I had 250 guineas in the hands of a banker in Lombard-street, in order to buy a commission for one of my sons; and if the commission was not got, if he would call on me, I would let him have it. About the 20th, or 24th of December, he called again, and I agreed to lend him 150 l. He came to my own house; I happened to be at the lower end of Jew's row, at the Royal-hospital, at Chelsea; to the best of my knowledge this was about the 6th of January. He sent to the hospital for me. I provided the money for him. I brought the second note out of my iron-chest. We destroyed that note, and made that agreement that is produced here now. That was the 19th, or 17th of January 1758, compleating the sum 1,350 l. I wrote that note at home, at my own house, and brought it to the Royal hospital, and sanded it, and took and put it into my iron-chest, and never took it out till I went to get a writ to arrest him, after I could get no money of him, but 7 l. 10 s. Then afterwards, I think it was last February, I had a son bound apprentice to an apothecary and surgeon; he has served two years and a half of his time; he not liking his business, chose I should buy him a commission. I went to Joseph Pearson , and told him I wanted so much money: he said to me, My dear Mr. Campbell, my money is locked up in people's hands at this time, and if you want it now. I cannot get it out of their hands; but if you'll be kind enough to go to a broker and get it, I'll pay what expences may attend it. After that I met him and his parties going through Temple bar: he told me he would lend me 160 l. on a little place I have; whereupon I granted a mortgage upon it. After this I met him, and told him the expences was 9 l. 3 s. He said he had not money about him then, but he would pay me the next time we met, which he accordingly did. Then he pretended to say, he lent me 74 l. I can prove that I had two or 3000 l. of my own private property, without going to any body at all. I applied to him from time to time, but never could get any money of him. Then I begged he would give me a bond. He told me he would lodge a 1000 l. mortgage in my hands, but never did That mortgage was not till the 22nd of March 1761; but I was a little uneasy concerning this money, as I could get nothing of him, and having nothing against him, but a simple note of hand, he would make it appear I borrowed money of him; where's I never did, I can prove to the contrary. I am cruelly used and cheated by that vile villian Pearson. If what I say be not right, and if he did not sign that note, I never desire to get clear of prison, or appear before God Almighty. He came to my house afterwards, and cry'd and begged pardon; there were two other gentlemen in my house at the same time: he trembled at the door, and said he knew he had used me ill; and said to the gentlemen, For God's sake, if you have any interest with Mr. Campbell, intercede for me, for I know I have used him ill. And at the Two Fighting-cocks he took me up stairs, and treated me; and the next day he charged me with destroying a note of 7 l. 10 s. He proposed me to come and dine with me. I staid at home on purpose for him, and he never came. Then he came and told Mrs. Campbell, and my son, that he had promised to get me some money as soon as he could, but he could not get the money, but he would bring it the Saturday following. I said it was only trisling with me: I am very cruelly used, I assure you, If truth can be depended upon. My life I would not mind of a farthing. If you will indulge me so far as to call my witnesses, I will clear up the whole.

For the Prisoner.

William Barlow . I am clerk to Mess. Green and Davis, attornies, I have been acquainted with Mr. Campbell ever since the years 1742, and 1743, when I was in my clerkship at Southampton. I also knew him since I have been in London.

Q. How long have you been in London?

Barlow. I have been in London about 12 or 13 years; I came to London when Sir Samuel Pennant was lord-mayor.

Q. Do you know Mr. Pearson?

Barlow. I can't say that I do, very probably I might have seen him: I have borrowed money occasionally of Mr. Campbell, and paid 20 l. to him in the year 1756, a few days before Christmas. I was originally brought up a merchant, but have been under misfortunes. I returned large sums of money at that time, and borrowed money frequently of him, and honestly paid him again. In the payment of that 20 l. I had been under some inconveniences, which I am not ashamed to acknowledge in court. I think it was about the 20th of September 1756, he sent several messages to me, that he owed a large sum of money, about 800 l. to a certain gentleman.

Q. Was his name mentioned?

Barlow. No, it was not particularly mentioned, it was to be paid at Mr. Shaw's, the Goldencross, Charing cross; he said he had 800 l. to make up at that time I was there.

Q. Did you see him pay the money?

Barlow. I can't charge my memory with that.

Q. Do you recollect seeing him with any body?

Barlow. There were several other people in the house.

Q. Did you see the 800 l.

Barlow. No, I did not.

Q. Did you afterwards see a note of hand signed by Mr. Pearson?

Barlow. Mr. Campbell shewed me a note of hand, I think it was signed Pearson.

Q. What was the sum?

Barlow. I think it was for 800 l.

Q. When was this?

Barlow. This was the same night that I paid the 20 l. in the year 1756, in December.

Q. Do you know the christian name to the note?

Barlow. I do not.

Q. How soon after that time was it that he wed you the note of Mr. Pearson's for 800 l.

Barlow. It was at the same time, the same

Q. Where did he shew you the note?

Barlow. At the house of Mr. Shaw, the Goldencross, Charing-cross: he pressed me hard for the money, and said, if I did not pay him, he must be obliged to arrest me, and shewed me a note signed Pearson.

Cross Examination.

Q. Have you had frequent conversation with the prisoner about that 800 l.

Barlow. No, Sir, he found me out, and sent to me to know whether I remembered paying that money at such a time.

Q. When did he send to you?

Barlow. About a fortnight ago.

Q. Do you know Mr. Pearson?

Barlow. No, I do not.

Q. What had the shewing you this note to do with that of your paying your 20 l.

Barlow. He did it to shew me he did not press e for nothing: he said, You see I have a necessity for this 20 l. in order to make up 800 l.

Q. When was the note of 800 l. dated?

Barlow. That I cannot charge my memory with.

Q. Did he ever shew you any other notes?

Barlow. No, he never shewed me any other.

Q. How came you to recollect this of his shewing you a note four years ago, that the name was Pearson.

Barlow. I was to pay him 20 l. he said, You will not take it ill that I have threat'ned to arrest you for this 20 l. you see I have not extorted the money from you before the time; you see I have a large return, and here is the note so and so: this 20 l. was to help him to make up the 800 l.

Q. Whether your 20 l. was not to help make up the 800 l.

Barlow. I apprehend it did.

Q. To what purpose could this be, if he had the note then to shew you?

Barlow. You mistake me, he shewed me this note some time after I had paid him, it was the same evening.

Q. How soon after?

Barlow. It was about two hours after.

Q. You say you had occasionally borrowed several sums of money of him, did he lend them on bond, or a note?

Barlow. On a note.

Q. On what part of the paper did you sign these notes?

Barlow. [He takes a note in his hand, and pointed to the usual place at the bottom on the right-hand side.] Always in this place.

Q. Did you observe any thing in particular on that note that he shewed you?

Barlow. No, I am here in order to speak truth, and I will speak truth.

Q. Was it always the usual method he used with you, for you to subscribe the note in the usual place?

Barlow. Yes.

Thomas Perkins . I have known Mr. Campbell, 17 or 18 years.

Q. Do you know Mr. Pearson?

Perkins I do; I have known him 12 or 13 years.

Q. Have you been intimate with them both?

Perkins. No, not very intimate; I have seen them both, but not to converse much with Mr. Pearson.

Q. Did you ever see them together?

Perkins. I met them both in the Park, about last summer was 12 months.

Q. What months?

Perkins. The month of June or July was 12 months; they were in conversation together. I past by them, and put off my hat; I walked on, and Mr. Campbell followed me, and over-took me; and said, Do you know that gentleman I have been talking to; I said, very well, his name is Pearson, a very worthy man. Mr. Campbell said to me, he owes me upwards of a thousand pounds.

Q. Was Mr. Pearson then present, when he told you this?

Perkins. No; he was not.

Q. Did you ever see them together at any other time?

Perkins. I cannot recollect I ever saw them together, either before or after. I likewise might see them together last summer.

Cross Examination.

Q. Was you any way intimate with Mr. Pearson?

Perkins. No; no more than speaking to him in passing.

Q. What are you?

Perkins. I am a surgeon.

Q. Did Mr. Pearson, ever employ you in your business?

Perkins. No.

Q. Was you ever with him in company?

Perkins. I do not recollect I ever was.

Q. How came you to recollect this was that time?

Perkins. I recollect it by Mr. Campbell's telling me, he owed him a great deal of money: and I told him I was glad of it.

Q. Did you ever mention this to any body?

Perkins. I do not recollect I ever did.

Q. Did you ever see them two in company, where there was a third person?

Perkins. No.

Q. What part of the Park was this?

Perkins. It was on the back of St. James's-house, on the north side of St. James's-house.

Q. Were they walking or standing?

Perkins. They were standing, and I was going towards Westminster. I saw them before I came at them.

Counsel. If there were such money affairs, I should suppose there was a good deal of intimacy. I should imagine Mr. Campbell was often at his house; did you ever see him there?

Perkins. No; but very likely he might be there.

Q. What was Mr. Campbell?

Perkins. He was what was called a usurer at Chelsea-hospital, I have heard so.

Edward Parr . I am a stock-broker.

Q. Do you remember selling any stock for the prisoner at the bar, at any time about 56, 57, or 58?

Parr. I have known him many years, and have at times, bought and sold for him Bank-Annuities.

Q. Have you done business for him, from the the year 56, to January 58?

Parr. I believe I have, I could have told to a shilling, had I my pocket-book here. He always acted as a gentleman in performing his business.

John Stracy . I know Mr. Campbell by sight; but have no great acquaintance with him.

Q. Do you know Mr. Pearson?

Stracy. I cannot say I do, no more than seeing him to-day.

Q. Did you see Mr. Campbell in December last?

Stracy. No; I never did.

Q. Do you know any thing about the affair?

Stracy. No; I do not.

Thomas Moss . I saw Mr. Campbell and Mr. Pearson together, on the 16th of December last, at the Fighting-cocks, in Dartmouth-street, Westminster.

Q. At what time of the day?

Moss. About candle-light.

Counsel. Inform my Lord and the Jury when they first came in.

Moss. I sat in the bar; they asked for a room, I said, there is a room backwards with a good fire; to the best of my knowledge, it was Mr. Pearson said, they did not require a fire, for we shall not stay. They said, Is there a room up stairs? They called for a shillings-worth of punch, and a Welch rabbit. Said Mr. Campbell, I am in liquor; he appeared to be very much in liquor.

Q. How was Mr. Pearson?

Moss. He was very sober; they called for pen, ink and paper. I carried up a sheet of paper, and pen and ink; they seemed not to agree very well, they wanted to draw some notes; and asked me if I could do it for them; I said I could do such a thing to oblige them.

Q. What made you think they did not agree?

Moss. They had been attempting to write something, and seemed to have words. I heard them speak very loud to each other.

Q. Did you observe what the dispute was about?

Moss. It was about money; they had both been writing, they asked for fresh paper. I asked what it was to write; they did not seem very well to agree what it was to write.

Q. From whom was you to write the note?

Moss. Mr. Campbell said, it was to write a note from him to Mr. Pearson.

Q. Did you write?

Moss. I wrote so far as to ask them what sum I was to put down. Mr. Pearson said, upwards of 70 l. Mr. Campbell said, you are only to put 7 l. 10 s. and said, he wants to take the advantage of me, now I am in liquor. He owes me a large sum of money.

Q. Who did he say that to?

Moss. He said that to Mr. Pearson, you are taking the advantage of my being in Liquor, when you owe me a very large sum of money.

Q. Was any sum mentioned?

Moss. No; there was not.

Q. What did Mr. Pearson say to that?

Moss. He said, Landlord, you know nothing at all of our affairs; you must not take notice of what he says, for he is very much in liquor.

Q. Did he appear to be in liquor?

Moss. He almost reeled about, I think I made this reply. You had better settle your affairs when he is not liquor.

Q. Did Mr. Campbell say more than once, that Mr. Pearson owed him a large sum of money?

Moss. He did; he said it more than once.

Q. Mention his words as near as you can?

Moss. When Mr. Pearson wanted it to be drawn for 70 odd pounds, Mr. Campbell said, You know you owe me a much larger sum of money, and then repeated it again, you owe me a large sum of money.

Q. Did Mr. Campbell constantly insist upon it, during the conversation between them about this note that was to be given, that Mr. Pearson. was debtor to him a large sum of money?

Moss. Yes; he very often repeated it over.

Cross Examination.

Q. Was Mr. Campbell very much liquor?

Moss. He was much in liquor; but able to reason, and would not give a note for 70 l.

Q. Can you give a reason why he should agree to givea note for 7 l. 10 s. when Mr. Pearson owed him a large sum of money?

Moss. They shewed me the note for 7 l. 10 s. that Mr. Campbell had drawn that same day.

Q. Should you know that note again?

Moss. I should if I see it.

Q. Look at this note, [The note from Mr. Campbell to Mr. Pearson for 7 l. 10 s. put into his hand.]

Moss. This is the same note, to the best of my knowledge.

Counsel. You see this bears the same date, the same day.

Moss. It does; Mr. Campbell desired Mr. Pearson to pull it out of his pocket.

Q. If this note was wrote for 7 l. 10 s. to what purpose could he desire another to be wrote for 7 l. 10 s. at your house?

Moss. I do not know.

Q. Did you hear any thing about the spelling?

Moss. I know nothing of that.

Q. Whether Mr. Campbell did not appear to you, to be in a passion?

Moss. Yes, he did.

Q. Was Mr. Pearson in a passion?

Moss. Mr. Pearson, appeared to be very cool.

Q. Did not Mr. Pearson, charge Mr. Campbell with having burnt a note of 74 l. odd.

Moss. No; he did not; said Mr. Campbell, He scruples this note, that I have drawn. No, said Mr. Pearson, I must have a note drawn for 70 odd pounds.

Q. Now, upon your oath, did Mr. Pearson at any one time admit he owed Campbell one single farthing?

Moss. No.

Q. to Part. From December 56, to January 58, what sums of money were transacted by you for Mr. Campbell.

Parr. [He looks over some papers.] only 50 l. February 9, 1758.

Mr. Jennings. I have known Mr. Campbell between eight and nine years, he has dealt with me in my way.

Q. What are you?

Jennings. I am a sadler.

Q. What is his general character?

Jennings. He paid me very honestly. As to his character, I know nothing of it.

Mr. Shipley. I have known Mr. Campbell eight or nine years. I deal in coals, he paid me very honestly.

Q. What is his character?

Shipley. I know nothing of his character, I live a mile out of the town.

Mr. Sutherland. I have known Mr. Campbell 17 years, I have dealt with him in my way. I am a taylor.

Q. What is your opinion of him?

Sutherland. My opinion of him is, he is an honest man, I always found him such.

Q. What is his general character?

Sutherland. His general character is, that he is a man worth money. I look upon him a fair dealing man.

Mr. White. I have known him about nine or ten years. I have had a little transaction with him, he paid me very honestly; mine was not above 7 l. in the whole.

Q. What is his general character?

No answer.

Mr. Rebank. I have known him three years, ever since I have been in business, he paid me very honestly.

Richard Davis . I have known him 15 or 16 years. I look upon him to be a very honest man, I have worked for him.

Q. What are you?

Davis. I am a shoemaker.

Q. What is his character?

Davis. I know nothing, nor saw nothing dishonest by him. I would trust him as soon as I would another neighbour.

Mr. Wilson. I have known him I believe 12 years.

Q. What is his character?

Mr. Wilson. I know nothing but that he is a very honest man, I have paid him very large sums of money, as clerk to the pay-office at Chelsea.

Mr. Renardson. I have known him ten or twelve years, he behaved very well to me, and I know nothing to the contrary, but that he is an honest man.

Mr. Milward. I have known him 12 years, he always behaved very honest to me, and paid me very well; I never knew to the contrary, but that he is an honest man.

Mr. Anderson. I have known him 15 or 16 years, I have done a little business for him, he always paid me.

Mr. Hill. I have known him about ten years, I look upon him to be a very honest man.

Q. What are you?

Hill. I am a school-master, I have two of his sons with me now at school, he paid me very honestly.

Thomas Fowler . I have known him 14 years, I know nothing but what he is a very honest man.

Mr. North. I have known him ten or twelve years; my opinion of him was, that he was a very honest man, very generous and genteel.

Mr. Norris. I have known him sixteen or seventeen years, I always took him to be a very honest man, and a monied man; I have dealt with him for large sums of money, I always took him to be capable to lend a thousand pounds at any time.

Mr. Knight. I have known him about fifteen years or upwards; I have had dealings with him, he always paid me very honestly.

Q. What is your opinion of him?

Knight. He bought a house of me, and he came and gave me the money.

Mr. Gibbens. Mr. Campbell imployed me to sell some houses for him by auction. I believe him to be a very honest man, he paid me very honestly, I never heard a bad character of him. I remember Mr. Pearson was by at the time, he never bid any thing, though he swears he did.

Court. He has not been examined.

A Witness. I have known him three years.

Q. What is your opinion of him?

Witness. My opinion is, that he is a very honest man, I never heard to the contrary.

Counsel for the crown. As the prisoner has made his character part of his defence, we have a right to call witness to his character likewise.

For the prosecution.

Mr. Benjamin Barwick . I am steward of the manor of Chelsea: I knew the prisoner when he kept a little Chandler's-shop, about fourteen years ago.

Q. Do you know his general character?

Barwick. I do, as well as any gentleman that has given him a character.

Q. What is his general character?

Barwick. It is really very bad, and some that have been sworn now know it.

Q. Is it that of an honest man, or not?

Barwick. I never heard any honesty of him, I have heard a great deal otherwise.

Q. Did you never hear that he paid his debts?

Barwick. I never heard that he did punctually till now; I have heard that he has not paid his debts, and I have heard some that have been sworn now (I mean tradesmen) say, that if they were called to give him a character, they could not give him a good one.

Guilty Death .

67. Samuel South , was indicted for stealing one gold watch, value 80 l. and three gold seals, value 3 l. the property of Edmund Nugent , Esq : from his person , Nov. 10, 1758 .

The prosecutor did not appear.

Acquitted .

68. (L) Ann Berry , widow , was indicted for stealing one copper coal-skuttle, value 4 s. and one brass cover, value 3 s. the property of Robert Harding , Dec 13 . +

Samuel Goldsworth . I live with Mr. Robert Harding .

Q. What is he?

Goldsworth. He is an ironmonger, and swornappraiser : On the 13th of December last he lost a copper coal-skuttle, and a copper lid to a fish-kettle.

Q. Where were they lost from?

Goldsworth. They were taken out of the house of Mr. Jervise.

Q. Have you found them since?

Goldsworth. They were afterwards brought to our house to be sold, by one Ashur Levi , a Jew, on Tuesday the 15th, and I knew them as soon as I saw them. My master was not at home. I told Levi they were my master's property, and which were delivered to Mr. Jervise the Friday before. He told me he bought them of the prisoner at the bar. She was taken up, and before the alderman, at Guildhall, she said she bought them.

Q. Where did she say she bought them?

Goldsworth. Somewhere at the corner of Old Bedlam, Moorfields.

Q. When did you see them last?

Goldsworth. I saw the coal-skuttle on the counter at Mr. Jervise's on the 13th.

Thomas Maysey . I am porter to Mr. Harding, I know the coal skuttle was the property of Mr. Harding, he bought it in the Poultry, with other goods: I cannot swear to the cover of the fish-kettle [The coal-skuttle produced in court, and deposed to.] This I bought from Mr. Williams's. a grocer in the Poultry, on the 12th of December at night. The prisoner said she bought it twelve years ago in Moorfields.

Q. What is the value of it?

Maysey. It is good for nothing but old stuff; there is five pounds of it, it is worth elevenpence a pound.

Ashur Levi . I carried that copper coal-skuttle to sell to Mr. Harding, on the 16th of December.

Q. How did you come by it?

Levi. I brought it of the prisoner at the bar the very same day.

Q. What did you give her for it?

Levi. I gave her a crown for it, there is eight pounds of copper of it. I met her with it in the public street. I go about buying old cloaths. I said, Goodey, do you sell this old copper? What do you ask for it? She said, A crown. I gave her a crown for it.

Q. Did you know her before?

Levi. I never saw her before in my life.

Q. How came you to find her out again?

Levi. Because Mr. Harding's man went with me to where she had first offered it to a brazier. The brazier's man went with us to her lodgings. We went two or three times, and she was not at home; and the prosecutor said he would prosecute me, if I did not find her. Then I went and found her out, and brought her to Mr. Harding's house; there she owned she sold it to me for a crown; and the same she owned before the alderman, and there she said she had had it eleven years.

Prisoner's Defence.

I bought the coal-skuttle at a corner shop in Old Bedlam, eleven years ago, and the fish-kettle at the same time.

She called John Pebble , and William Purser , to her character, who gave her a good one.

Guilty 10 d.

[Transportation. See summary.]

69. (L) Alice Clark , spinster , was indicted for stealing one cloth cardinal, value 7 s. the property of William Meeson , Dec, 16 . +

Sarah Meeson . My husband's name is William: on the 16th of December the prisoner came to light a candle; after she was gone, my little boy said, Mamma, what did she take from the chair?

I looked, and missed a red cloth cardinal. No soul had been there but she. A young woman that knew where she used to pledge things, went along with one of my lodgers; there they found the prisoner was stopped.

William Masters . I am a pawnbroker; the prisoner at the bar brought this cardinal to my house on the 16th of December; my people stopped her, and kept her there two hours. Then a person came to know if such a thing was pledged with me, by which means I came at the knowledge of the prosecutor.

Q. What did the prisoner say for herself?

Masters. She said the prosecutrix had lent it her to pledge for five shillings. [ Produced in court.]

S. Meeson. This is my cardinal, and which I lost on the 16th of December.

Q. Did you lend it to the prisoner to pledge?

S. Meeson. Upon my oath I know no more of that, than of going to France to-night.

Prisoner's Defence.

I lodged at Mrs. Meeson's house, and after we had been drinking. she asked me to go and pledge it for five shillings; and having other things there in my own name, I went with this to pledge.

Guilty .

[Transportation. See summary.]

70. (L) Mary Wilson , widow , was indicted for stealing one silver table spoon, value five shillings , the property of Jos Plaistow , Dec, 19 . +

Jos. Plaistow. I am an innholder ; I lost a silver table-spoon some time about the beginning of December, I cannot tell within a day or two; it was found at the house of Mr. Rochsort, a pawnbroker, who said the prisoner brought it there. We had her taken up; she said she found it in a dust-hole in the Temple, which is near a mile from my house. I live on Snow-hill.

Q. How came you to find it there?

Plaistow. The pawnbroker advertized it, for the person to tell the marks to have it again.

Mr. Rochfort. On the 16th of December the prisoner offered me a silver table-spoon to pledge: [Producing one, deposed to by the prosecutor.] I suspected it to have been stolen, stopped and advertized it; and the prosecutor brought a fellow spoon with him, marked the same. I delivered it to him. The prisoner said it was her aunt's spoon.

Prisoner's Defence.

I never mentioned my aunt, I told him I found it in the Temple.

Acquitted .

71. (L) Peter Seager , and John Marsh , were indicted for stealing four wine glasses, value one shilling , the property of Michael Graysbrook , Dec. 7 . +

John Cossey . On the 30th of November Peter Seager and John Marsh came to unload the waggon from Stourbridge in Worcestershire, in the Saracen's Head Yard, Snow hill , they took out two wine-glasses, each of them one; and on the 7th of December they did the same again.

Q. How came you to let them do so a second time?

Cossey. I thought to get better evidence against them, so let them go away that time too. On the 21st of December came Marsh only, he took out two tumbler glasses.

Q. Whose glasses were they?

Cossey. I cannot say whose they were, for they took them down and pitched them in the yard; they were in crates. they put them in their pockets, and carried them away.

Q. Did all the crates belong to one person?

Cossey. No, they belong to two different gentlemen: there is one waggon brings for Elisha Barrow and Michael Graysbrook .

Q. Are they partners?

Cossey. No, they are not.

Jos. Plaislow. On the 22nd of December Cossey told me he had the two prisoners at the bar, and desired I would get a constable. I ordered them to go into the tap room till a constable came. They said, What do you detain us for? I said, as a couple of thieves, and you must stay till the constable comes. They said they would not. Then I ordered three or four of my servants to convey them to the lord mayor; there Seager acknowledged his taking one glass.

Q. Did he say what particular glass?

Plaistow. He did not. On the twenty-third John Marsh acknowledged he took one. We have usually had crates robbed, and things pilfered. The prisoners were employed to conduct the crates to the glass sellers.

Elisha Barrow . I live at Stourbridge, and deal in glass, Mr. Graybrook and I load this waggon up to London every week, and those crates are robbed every week; the glass-sellers will swear they miss several out of the crates, and in settling accounts here in town with them, I am forced to allow for many pounds worth in the year that are wanting.

Q. Whose were those glasses that are missing?

Barrow. I apprehend they were the property of Mr. Graysbrook.

Thomas Cruff . I heard Marsh acknowledge the taking of one glass before the lord mayor, but I did not hear Seager acknowledge the taking of any.

Cossey. I heard Seager own before the lord mayor that he took one, but I did not hear Marsh acknowledge the taking any.

John Williams . The goods that came by the waggon, several of them came short of what is mentioned in the invoice of the goods.

William Coping . I am servant to Mr. Jackson, a glass-seller; out of 150 glasses there were four wanting.

Q. Who did they come from?

Coping. They came from Elisha Barrow .

Seager's Defence.

I never took any thing in my life. Mr. Plaistow asked me if I had been guilty of the thing: and I said, No, I had one which the waggoner gave me.

Marsh's Defence.

I never touched one in my life.

Seager called Thomas Lockwood, who had known him nine or ten years; William Holyland, who had known him six or seven; Elizabeth Hubbard , who had known him between three and four; William Stevens, vens, who had known him ten years: who all gave him a good character.

Marsh called several, who gave him a good character.

Both Acquitted .

(L) Marsh was a second time indicted for stealing two glass tumblers , the property of Michael Grasbrook , Dec. 21 . ++

[The only evidence on this trial was John Cossey, who deposed as on the former trial.]

Acquitted .

72. (M. Elizabeth, wife of Robert Mansfield , was indicted for stealing one silk capuchin, value 3 s. one silk gown, value 4 s. and one black sattin petticoat, value 10 s. the property of Thomas Banks , Nov. 28 . ||

Guilty .

[Transportation. See summary.]

73. (M) John Jones , was indicted for stealing one cloth coat, value 5 s. and one cloth waistcoat, value 2 s. the property of Henry Partridge , Dec. 10 . ||

Henry Partridge . I keep a publick-house on Turnham green , on the tenth of December I missed a coat and waistcoat, I was informed a man had been in my house, that it was probable had taken it away in a sack, but I did not see him: the other evidence will give a farther account.

George Edwards . My master's cloaths were hanging by the fire when the prisoner went into the house, and when he came out I observed he had a larger parcel with him than when he went in. When they were missing I pursued the prisoner, and found him in a return'd post-chaise, with the cloaths on, I took him and made him pull them off.

Q. Where did you take him?

Edwards. By Hyde-park Corner. [The cloaths produced and deposed to.]

Prisoner's Defence. I was very much in liquor, Guilty .

[Transportation. See summary.]

74. (L) William Lawrance , was indicted for stealing 7 l. in money numbered, and 2400 half-pence, the money of Thomas Brebin , in the dwelling-house of the said Thomas , Jan. 2 . ++

Acquitted .

75. (L) Richard Norris , was indicted for burglariously breaking and entering the dwelling-house of Jonathan Scott , and stealing one pair of silver shoe-buckles, value 12 s. and four shillings in money , the property of the said Jonathan, Sept. 1 . ++

Acquitted .

76. (M) Elnor Manby , was indicted for stealing fifty-six pounds of hemp, value 16 s. the property of John Leapold Gosler , Jan. 7 . +

Guilty .

[Transportation. See summary.]

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

Received sentence of death 3. John Urwin, Nicholas Campbell , and Gearge Barber.

Transportation for fourteen years I. Samuel Mantox .

Transportation for seven years, 21. Susanna Yeoman , James Matthews , Alice Halloway , James Skelton , Abraham Burton , Richard Glyn , Elizabeth Williams , Alice Thompson , Anne Berry , Alice Clark , Thomas Hore , John Beverstock , Anne Bush , George Bannister , Samuel Arnold , Thomas Pierce , Sarah Petitt , Laromy Obrian, Thomas Manton , Elizabeth Mansfield , and John Jones .

To be branded 2. Elnor Manby, and Constant Thody.

To be whipp'd 3. Mary Adams, Thomas Kele, and Mary Macintear .