Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 October 2014), February 1761 (17610225).

Old Bailey Proceedings, 25th February 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 Wednesday the 25th, Thursday the 26th, Friday the 27th, and Saturday the 28th of FEBRUARY.

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

NUMBER III. 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; the Hon. William Noel , Esq;* one of the Judges of the Court of Common-Pleas; Sir Richard Lloyd , Knt + one of the Barons of the Exchequer; Sir William Moreton , Knt. ++ Recorder; and James Eyre , Esq;~ Deputy-Recorder; and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

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

M. L. by which Jury.

London Jury.

Samuel Plummer ,

Thomas Bagshaw ,

Thomas Newton ,

Alexander Kennier ,

Stephen Goodson ,

Jonathan Crook ,

James Parry ,

William Pinder ,

George Brooks ,

John Blakesby ,

John Chandler ,

John Manning ,

Middlesex Jury.

John Spencer ,

Henry Russel ,

Jason Harris ,

John Gilbert ,

William Cobbett ,

William Farmborough ,

William Dickens ,

William Townsend ,

John Wharton ,

John Jackson ,

John Jaques ,

Thomas Smith .

77. (L) Charles Reynolds , was indicted for stealing one linnen handkerchief, value 10 d. the property of George Harris , Feb 17 . ++

George Harris . On Tuesday the 17th of this instant, I was coming from St. Paul's Church-yard; and just after I past where Ludgate did stand, I was overtook by Mr. Manwaring, who asked me if I had not lost my handkerchief. I put my hand in my pocket, and missed it; and said, I had. He said he saw a person take it out of my pocket, and we might apprehend him, if I thought it proper. Accordingly he went and brought the prisoner's companion to me. I kept him, while he brought the prisoner; and said, he picked my pocket; and as they were both standing together, near the wall, I saw the handkerchief lying between them.

Q. Can you tell from which of them it fell?

Harris. No, I cannot. I took it up. [Produced in court, and deposed to.] We secured the prisoner, and carried him before my lord-mayor, and he was committed. We inadvertently let the other go. The prisoner, before my lord, denied the fact.

Q. When had you your handkerchief last.

Harris. I had it, I know, not two minutes before.

William Manwaring . Last Tuesday was se'ennight as I was going down Ludgate-hill, I observed the prisoner at the bar, and another man, walking along; the other man was a little behind him; I had followed them a good while before. Just as they got beyond the place where Ludgate stood, the people were pretty thick; the last man was close to the prisoner; I was very near them; I saw the prisoner at the bar put his hand to the prosecutor's pocket, and in an instant turned about, and gave something to the other man. I cannot say I knew what it was. They immediately retreated to the wall, and went up a little alley. There I saw them consulting and laughing together. Then I went and overtook the prosecutor, and told him what I had seen; and said, if he would step back with me, I would shew him the fellows. He went with me to the alley. I laid hold of the other person, and delivered him to the prosecutor; and after that I got hold of the prisoner, as he was walking off towards the end of the Old Bailey. Just as we brought them close together, the handkerchief was down on the ground between them. I cannot say that I saw it fall, but I am very certain it was not there before; it must have been trampled about by the many people that were there, if it had. Mr. Harris took it up, and said it was his own. Then we took the prisoner before my lord-mayor, and through inattention let the other go off. Before my lord he denied knowing any thing of the matter, and said he was a bricklayer by trade.

Prisoner's Defence.

I was coming from my work, my master had given me a little bit of a holyday, to go to a club in Monkwell-street. I came through Cripplegate, and up Wood-street; and walking down Ludgate-street, I stopped to make water just by the end of the Old Bailey. They laid hold of me, and said I had got a handkerchief. I said I would go any where with them. There was another man that they stopped; they let him go, and stopped me. They took up a handkerchief that lay against the wall. I did not know what it was.

Acquitted .

78. 79. (M) Daniel King , and Eleanor King , were indicted, the first for stealing two ounces of green tea, value 11 d. five ounces of Spanish liquorice, value 3 d. three guineas, one half-guinea, one nine shilling piece, one quarter of a moidore, and seven shillings in money numbered , the property of Joseph Wilson ; and the second for receiving the same, well knowing them to have been stolen , Feb. 13 . +

Joseph Wilson . The two prisoners are mother and son . The boy was my errand-boy . We had some reason to suspect we were robbed, and upon that I put Thomas Brittain secretly in the shop to find the thief out, on the 13th of this instant; and about eleven in the morning the boy came for a pair of scales to carry backwards, and Thomas Brittain , after he was gone, told me he saw him put his hand into the gold till. I sent the boy up stairs, and searched him, and found a guinea upon him, which I had marked before with a file on the face side, overagainst the nose. The money was all marked in the drawer in the same manner; one guinea, and five half guineas.

Q. When had you put it into the till?

Wilson. I put it into the till about half an hour before he came in the morning. I asked the boy if he had not taken money at different times, and how much. He at first denied taking the guinea, but in a few minutes he confessed he did take it. He owned he had taken money at other times, eight half-guineas in the whole, and had given them to his mother. I took her up, and before the justice, in my hearing, she owned she received of him three half-guineas, the tea, and Spanish liquorice of him. We found the tea and liquorice in her apartment.

Q. Where did the boy say he took the money from?

Wilson. He said he took it out of my drawer. The woman said she would pay me again as soon as she could get it.

Thomas Brittain . The boy was our errand-boy. The mother is a fish-woman in St. Giles's.

Q. Is she reckoned a woman of good circumstances?

Brittain. No, she is not. I was concealed in the shop, and saw the boy come to the till, and put his hand in, but do not know what he took out. Then Mr. Wilson's son came into the shop, and I desired him to look into the till. He did, and said there was a guinea missing. He sent the boy up stairs to my master, and he was searched, but I was not by at the time. I was before justice Welch. The boy confessed he had stolen eight half-guineas from my master's till, and the woman owned she had received three of them.

Q. Did she say she knew which way he came by them?

Brittain. No, she did not. I heard her own she received the tea and Spanish liquorice of him.

Daniel's Defence.

I am not quite 12 years old.

Eleanor's Defence.

I am wrongfully accused, I never received any thing of my son.

Both Guilty .

[Transportation. See summary.]

80. (M.) Jonathan Simpson , was indicted for stealing four deal-boards, value 6 s. eight deal-standards, value 2 s. and ten deal-rails, value 2 s. the property of Samuel Vaughan , Feb. 12 . +

Samuel Vaughan . I employed the prisoner as a carpenter , to make frames for sedan chairs. I had a great while suspected I had been robbed, having missed a number of things, and discharged three or four men on suspicion. I employ upwards of twenty workmen. About the 10th of February I missed a piece of cloth, and made great inquiry after it, but could hear nothing of it. I desired my apprentices to be upon the watch, when the workmen came in the morning, to see if they could find out the person, that took things away. On the 12th of February I appointed William Griffin to be on the head of the stairs, to watch the street-door without being seen. At breakfast time, he informed me he had seen the prisoner about a quarter or half an hour after six o'clock, go out with as much timber as he could carry, about seven feet long. I applied to Mr. Welch for his advice; who said, it would be proper to take a warrant and search his lodgings. I took him up, and got a warrant, and searched as he advised; I found three five feet boards, what we call rough, and three more of a double width, and eight more of different sizes, five of them what we call seat boards, about two feet square, and three quarters thick, I know them all to be mine. The prisoner owned to taking some rails and standards for a horse to hang cloaths on, which were produced; we found abundance of things at his apartment, the prisoner never did business for any body but me.

William Griffin . On the morning of the 12th of February, about a quarter after six, I was on the top of my master's stairs, and saw one William Rather open the door, for the prisoner to go out; he looked up the stairs, to see if any body was coming down; then I put on my shoes and went out, but could not meet with the prisoner. I returned about seven, and William Rather opened the door to me. He asked me where I had been, I told him to Covent-garden; he asked me how long I had been out, I told him three hours. Soon after that, the prisoner and Mr. Rather both went out together, and came in again in about half an hour, and went out again to breakfast. When my master got up, I told him what I had seen; that the prisoner carried a large parcel of timber out with him the first time of his going out. The prisoner was taken up, he downed on his knees, and owned before the justice, to the taking these rails produced here; they are made for a wooden-horse to dry cloaths on.

Q. Did your master ever deal in such goods?

Griffin. No.

Prisoner's Defence.

I took nothing out but those six long rails, and 12 short ones, which were my own property. I had before carried the stuff in, in the rough, and made them in my own time.

Q. to Prosecutor. Whether the prisoner had liberty to bring goods and deposit them in your house.

Prosecutor. I never saw him bring in a single stick, but what was my property.

Q. Did he work by the day or piece?

Prosecutor. He worked piece work.

Q. Did he do any thing for you out of doors?

Prosecutor. No; he did not, no other than carrying a chair where he has been sent with it.

Prisoner. I thought I might make bold to plane this upon the fast-day in the morning; I could have bought one for 14 or 16 pence.

Q. to Prosecutor. What is this wood for a horse worth.

Prosecutor. There are 18 pieces of it, they are worth 4 s.

Prisoner. I had a brother-in-law pressed to sea, he was put on board a tender, he made picture frames; he wrote to me to take care of his effects and tools. I have had them in my custody ever since, and the things that were found in my apartment, are some of the same stuff.

For the prisoner.

John Welch . I have known the prisoner about twenty years or upwards.

Q. What are you?

Welch. I am a carpenter and joiner, I never heard any ill of him in my life to my knowledge.

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

Welch. I have been on board a man of war, and all round the world. I went to school with him, but am but lately come from sea, so have no seen him for a long time together.

Nicholas Laurikin . I have know him about 23 years, I have known him well this ten years, I never knew any thing ill of his character besides this.

James Chapman . I have known him 16 years and better, down to the present time; he has the general character of an honest and a very industrious man.

Thomas Clements . I live just by Mr. Vaughan's. I have known the prisoner this six years, I never heard any thing amiss of him in my Life.

Jane Welch . I have known him ten years, I never knew any thing of him, but what was extremely honest.

John Marsh . I have known him about three months, I believe him to be a very honest man.

Guilty 10 d.

[Transportation. See summary.]

81. (M.) Elizabeth, Wife of Henry Morris , was indicted for stealing one linnen sheet, value 2 s. one linnen apron, value 1 s. and two linnen caps , the property of Jos Hall , January 2 . +

Guilty 10 d.

[Whipping. See summary.]

82. (M.) Jane Bradley , widow , was indicted for stealing one linnen sheet, value 1 s. and one copper stew-pan, value 3 s. the property of James Barkley , in a certain lodging room, let by contract , &c. *

Acquitted .

She was a second time indicted, for stealing one pair of worsted stockings, value 1 s. the property of William Macpharson . The prosecutor did not appear.

Acquitted .

83. (M.) John Lewin , was indicted for stealing 16 pounds weight of coach nails, value 1 s. three coach-shackles, value 2 s. two brass hinges for coach doors, value 6 d. and two iron bolts, value 6 d. the property of William Johnson , January 31 . +

William Johnson . The prisoner is a neighbour's child of mine.

Q. How old is he?

Johnson. Not quite 15 years old. I keep several coaches to let out; there was a door left unlocked where my corn and things lie. I went up into that room on the 31st of January, and found the prisoner in the room, with some nails in his pocket; I looked about, and missed some bolts; I took him before justice Welch, and there he confessed he had taken things before, and sold them at a shop on Saffron-hill. I took out a search warrant, and went there, and found some goods, my property, which he had sold there. There were three shackles, two iron bolts, and some brass hinges to a coach door.

Q. What is the woman's name where he sold them?

Johnson. Her name is Darling. [The goods mentioned, produced in court and deposed to.]

Sarah Charlton . I am daughter to Mrs. Darling, the boy brought those things to sell, and my mistress was out of the way, and I bought them of him; she keeps a cloaths shop, and buys such things.

Prisoner. Her mistress was at home.

Q. What time of the day did you buy them?

Charlton. At about eleven o'clock in the day, three weeks ago; he said he came honestly by them.

Prisoner. She paid me, and asked me if I should bring any more; I said, I believed I should; she said, I should have a penny a pound for them, and her mother paid me for them.

Guilty 10 d.

[Transportation. See summary.]

84. (M.) Ann Warlington , spinster , was indicted for stealing one pair of stays, value 5 s. the property of Tomason Brown . *

Tomason Brown. The prisoner came to my mistress, and desired she would take her in; she did; and after she had lain there, the next morning after she was gone, I missed my stays. We went after her and took her, and charged her with taking them. She confessed she had taken and pawned them, and told us where they were pawn'd, the were found accordingly, and she owned they were mine. [Produced in court, and deposed to.]

Guilty 10 d.

[Transportation. See summary.]

85. (M) Robert Garnegey , was indicted for stealing one metal watch, value 7 l. the property of George Mackenzie , February 13 . +

George Mackenzie . On the thirteenth of this instant February, the prisoner asked me to be so kind to him, as to give him a piece of a bed, he being short of money.

Q. Did you know him before?

Mackenzie. He was a stranger to me.

Q. How long had he been with you?

Mackenzie. He was with me about three hours, and he told me his name was Mackenzie.

Q. Where did you meet with him?

Mackenzie. I met with him at a tavern in Covent-garden, about two or three in the morning. He was in company with one or two that I knew.

Q. At what tavern?

Mackenzie. The tavern goes by the name of Bob Derry 's, it is a night-house. He told me he was a midship-man on board a man of war , he asked me to lend him a guinea, I told him I had not one about me. I said, I did not chuse to lie with a man, and carried him to another night-house in Bow-street, and asked the woman of the house, if she would give him a bed, and I would pay for it. Then he said, he was surprized I should bring him into a house where so many Irish chair-men were. I told him, the best way was to go to bed, but he would not lie there. We staid there till betwixt fix and seven, and drank some hot slip.

Q. Was you in liquor?

Mackenzie. I might be the worse for liquor.

Q. Was your memory good at that time?

Mackenzie. My memory was in as good a condition as a person's could be, that sits up all night.

Q. Say, was you drunk or sober?

Mackenzie. I was more drunk than sober; we went to bed between six and seven in the morning. in my lodgings.

Q. Where was your watch?

Mackenzie. My watch was hanging on a hook in the room, where I commonly hang it when I go to bed; it had hung there the day before. I had another watch in my pocket, which I left with the woman that keeps the night house.

Q. Why did you leave it with her?

Mackenzie. Because I did not know what company I might get into.

Q. How came you by so many watches; one watch will serve one man.

Mackenzie. I bought them; I bought that he took, about five months ago, of one Bruce,

Q. What time did you rise that morning?

Mackenzie. I think I got up about twelve o'clock in the day.

Q. Was your door locked when you went to bed?

Mackenzie. I do not recollect whether it was or not.

Q. Did you wind up that watch when you went to bed?

Mackenzie. I did not; I did not handle it as I remember.

Q. Did you see it?

Mackenzie. I did; it was hanging before me.

Q. Does any body lodge in that house besides you?

Mackenzie. Yes; any body may; there were one or two more.

Q. Did the prisoner get up when you did?

Mackenzie. No; he got up and left me asleep, and took the watch away.

Q. Did you find it again, and where?

Mackenzie. The prisoner, before justice Fielding, confessed who he had disposed of it to.

Q. In what manner did he say he had disposed of it?

Mackenzie. I think he said he let Mr. Hill have it for three guineas and a half.

Q. From prisoner. Was not you excessive drunk when you went to bed?

Mackenzie. I do not know what you mean by excessive drunk; not quite so drunk, but that I knew what I did; and I know I was very foolish in being so good natured to give you part of a bed.

Q. From prisoner. Did you not fail against a door, and burst it open; and you could not stand?

Mackenzie. I do not remember that.

Q. Can you swear you did not?

Mackenzie. No; I cannot.

Q. What is your business?

Mackenzie. I am a lieutenant in the service, on half-pay.

Q. Did the prisoner say how he came by the watch?

Mackenzie. He said he took it out of my lodgings.

Hannibal Hill . I keep a jeweller's shop in Covent garden, the prisoner has been several times to my shop to buy things; he came to me on Friday morning the thirteenth of February, about ten or eleven o'clock, and told me, he had been in a frolick with some friends, and they were in trouble; and desired I would lend him two guineas and a half on this watch. [Producing a metal watch.]

Prosecutor. This is my watch, and what I lost that morning; here is my name on the dial-plate, and the Number is 156. Name Bruce.

Hill. I lent him the money upon it.

Q. Pray what is the prisoner?

Hill I look upon him to be a young gentleman, I have no reason to think otherwise; but I know nothing of him. After that, I bought the watch right out of him for a guinea more.

Prisoner's defence.

It was my misfortune to happen in company with some young fellows, that Thursday-night, the twelfth of February, We rather exceeded too much in staying out late from our lodgings. We went from where we had been drinking, to a house in Russel-street, where was an acquaintance of mine with Capt. Mackenzie; the Captain asked me to drink with them, I did; after that the company dispersed. He insisted on my staying with him. After that I was locked out of my lodging; he said, if I would go home with him, I should have part of his bed; I went with him; instead of carrying me to his lodgings, he brought me to the Brown-bear in Bow-street, amongst a parcel of Irish chairmen. I did not chuse to stay there; so he said, I should go home with him to his lodgings; I paid all the money in my pocket at Mr. Derry's. When he came to his lodgings, the chairman wanted to be paid for lighting him home. He bid me pay him; I said I had spent all my money. I told him when I was in his lodgings, I was necessitous, and desired he would lend me a little money. He said, I cannot lend you any, but you may take my watch, and put it in pledge, and when you can redeem it you may; and shewed me where it hung, and bid me take it; he was flushed with liquor; and going to shew me where it hung, he fell down against the door of the next room. There were a man and his wife in bed, the door burst open; the man said, [Cannot you keep yourself sober one night in the week.] We went to bed, I took the watch before I went to bed; and this Mr. Hill being an acquaintance, I pawned it to him for three guineas and a half; I expected money soon, and then I intended to fetch it again. After that, he met me in Lincoln's-inn fields, and charged me with it. I told him I knew the circumstances of it, and would go with him to Justice Fielding. There I told him I had the watch of him, by his consent. He committed me to New-prison, and from thence I came to Newgate. We drank together at the Half-moon in Holbourn, there I told him what I had borrowed on it; and he said, if I would get it again, he would never hurt me.

Q. to prosecutor. Did you drink with him at the Half moon in Holbourn?

Mackenzie. Yes, I did, but did not promise him any such thing. As soon as he discovered me he walked faster, and was going into Queen-street; I walked on, then he walked towards Holbourn: as soon as he got into the passage I ran and came up to him, and said, What ship brother? and catched him by the collar; he said, No ship; then I said, How do you do Mr. Mackenzie? Said he, My name is not Mackenzie. I said, You remember you said that was your name, when you robbed me. He cry'd and said, I am guilty of all the charge, but do not expose me in the street; so I clapt my arm under his arm, and we walked away together he desired me to go in at the Half-moon tavern; I did, and called for a pint of wine, and a pipe of tobacco: he wrote a letter to his friend, and sent it by a porter. No-body coming, I said I could not stay any longer. He desired I would indulge him with a coach; then I drove away to the Carlisle-arms, after having left word, if the porter returned, to send him to that house: the porter came, and said he could find no such person as the prisoner talked of: then I sent him to the Round-house, and afterwards had him before justice Fielding.

Prisoner. He began reaping up the circumstances of this watch; I said, let's go to a tavern, and I will satisfy you for it: we went to the Half-moon tavern, there he protected he would not hurt a hair of my head; I said I did not think that was in his power: I sent for a friend, in order to get the watch out, and pay the money; he was not at home; he would not stay till the porter came back, but hurried me away to a house in Queen-street, there I could not send for my friend. I was going abroad as a clerk with capt Scott, to the East-Indies, had not this happened.

For the Prisoner.

James Lard . The prisoner was educated at Westminster-school, and I know he was strongly recommended by admiral Pocock to the governor of Bengal: the admiral wrote a letter with his own hand, and he was to go with capt. Scott as a clerk.

Q. What is his general character?

Lard. I know he has not behaved so well of late as he should do, but has got into some disorderly houses, as he was when this unlucky affair happened. His father lives at Newcastle; he had his education from a gentleman with whom there has been some difference, and he went home to his father.

Prisoner. I served my time to one Mr. Burduss, an attorney at Newcastle.

Acquitted .

86. (L.) Mary, wife of John Sheers , was indicted for stealing eighteen pounds of worsted-yarn, value forty shillings , the property of Peter Bluck . ++

Peter Bluck . The prisoner was servant to me, I am a laceman , and live in Fleet-street ; the prisoner was charged with stealing the goods mentioned in the indictment; she confessed taking three bundles of worsted, value sorty shillings, my property, out of my shop.

Henry Soley . I live in Long-acre; I was informed by one of my servants that there had been some worsted offered to sale under the real value, and it was imagined it was stolen: as soon as I saw it, I thought it was of my own work (I manufacture in a different way from any in London) I did not then consider I has sold such to Mr. Bluck: it was not the prisoner that brought it, but another woman.

Q. Is she here?

Soley. I believe not. I took her to justice Welch, and she said she had it to dispose of for another woman she took me to the prisoner, who was then in Swallow-street. I asked the prisoner if that worsted was her property: she said it was. (Produced in Court.)

Prosecutor. I believe this worsted to be my property, I bought it of Mr. Soley: the prisoner said before justice Welch she did not steal it, but said she found it about the middle of Drury-lane: but afterwards she confessed she stole it.

Mr. Dison. The prisoner and another woman came to sell two bundles of worsted where I lately carried on business; I was then in the shop.

Q. Who was it offered to sell to?

Mr. Dison. To my successor; she said she took it for a debt.

Q. Was this bundle produced here one of them?

Mr. Dison. No, it was not; one of them was green, the other scarlet. Justice Welch sent to me, and desired I would attend her second examination; and in my hearing she confessed she stole it from her master Bluck's shop at different times.

Q. How many bundles was she charged with stealing?

Mr. Dison. She was charged with stealing three.

Prisoner's Defence.

I do not know what I said, but I did not take them out of my master's shop.

For the Prisoner.

Mary Grenville . I have known the prisoner thirteen or fourteen years.

Q. What is her general character?

M. Grenville. She is a very honest, industrious body, I never heard any thing amiss of her till now.

Sarah Gates . I have known her eight years, she is a very honest sober body, she has nursed me when sick: I never knew her to wrong me of a pin, or any body else.

Guilty 20 s.

[Transportation. See summary.]

87. (L.) John Williams , was indicted for cutting and breaking, with an intent to steal, two iron bars, value 8 d. and also for stealing one iron bar, the property of Edward Ashhurst , fix'd to his dwelling-house , February 17 . +

Richard Jones . Yesterday was se'ennight, about a quarter after nine at night, the maid and I were both up in the kitchen, we heard a thumping in the street; I went to the door, there was Mr Harris, who told me a person had been wrenching the bars of the window; we went to look, and found one bar quite off, and another loose; the window had three bars in length, and one a-cross.

Q. How many window are there to the cellar?

Jones. There are two.

Q. What is your master's name?

Jones. His name is Edward Ashhurst , he lives in Avemary-Lane; Mr. Harris said, if you look out, perhaps he will come again. I went out, and stood in a passage; the prisoner came from Ludgate-street, up the lane, and looked about him; then he fell to wrenching the bar again. I went over to him, and laid hold on his collar, and pulled him down in the kennel.

Q. What did he say for himself?

Jones. He said he was making water.

Q. Had he hold of the bar?

Jones. I cannot swear that he had, he was stooping at the window.

Q. How long was this after the time of thumping at the door?

Jones. It was about six or eight minutes after, it could not be more.

Q. Had Mr. Harris described the man that he saw to you?

Jones. He told me he was a dirty sort of man, with an apron before him; when I laid hold of him, the bar was quite loose.

Tho Harris . Last Tuesday was se'ennight I was coming down Avemary-lane, I saw a man at Mr. Ashhurst's cellar window, either on his knees, or with his hands on the ground. I went to him, he stood upright, and pretended to be drunk. ||

Q. Do you kn ow who that man was?

Harris. It was the prisoner at the bar, he turned about to the wall, as if making water, I went past him, and he went off. Then I went to the window to look at the place where he was standing, to see if he had made water, he had not made water; but I found one of the bars was taken up from the window, which I had seen in its place not two hours before. I knocked at Mr. Ashurst's door, Mr. Jones came to me, I told him there had been a fellow breaking in at the cellar window, and desired he would put out his candles, and watch, and said I was going down Ludgate-hill, and would be back in a few minutes. On my coming back, Mr. Jones had secured the prisoner at the bar, and told me had carried him to the watch-house. I went to the watch-house, and found it to be the same man I had seen at the window before.

Q. How came you to take notice of this window, before you saw the prisoner at it?

Harris. The window is within two yards of my door; I knew the three bars, and the cross bar, were all safe when we shut up shop about seven o'clock.

Q. How were the iron bars fastened to the window?

Harris. They were fastened to the frame of the window.

Prisoner's Defence.

When I went to make water, they laid hold of me, and pulled me into an alehouse, before I could make water.

Acquitted .

88. (L.) John Smithson , was indicted for stealing one silver table spoon, value 10 s . the property of John Jackson , Esq ; Feb 17 . +

John Lee . Mr. Jackson is secretary to the Navy-office , and lives in Fenchurch building's . The prisoner came to trim coals at our house. (I am servant to Mr. Jackson) and while I and my fellow servant were out of the kitchen, there was a silver table spoon taken away, that was lying with another in the kitchen. Upon missing it, I went and charged the prisoner, as he had been in the kitchen just before. I went for a constable, but before he came, the prisoner had confessed he took it, and shewed us where he had hid it amongst the coals, in my master's cellar. [Produced in court, and deposed to ]

Thomas Woodthorp . I happened to be in Mr. Jackson's house; Mr. Lee sent his fellow servant for assistance, I went to him. The prisoner, upon being taxed with taking the spoon, at first denied it; then they told him, if he would tell where he had put the spoon, they would stop the constable. Then he told them where he had taken it, and shewed them where he had hid it among the coals. I took it out; I could see about half an inch of the bowl bare, close to the wall in the help of coals.

Prisoner's defence.

I had no spoon.

Guilty 10 d.

[Transportation. See summary.]

89. (M.) William Newman . was indicted for stealing one bed-side carpet, value 9 s. the property of David Stautsbury , February 9. 1760 . ++

David Stautsbury . I am an auctioneer, and dealer in household goods ; I live in Whitechapel. On Saturday the 9th of February, 1760, about ten o'clock, I was coming to Will's Coffee-house, I met the prisoner? he said, You have got a little beautiful chest in your warehouse, what will you have for it? I said seven guineas; but, said I, let us go and take a dish of coffee. We went into Will's Coffee-house, and there bargained for the chest; upon which I took a note, and gave him an order to receive the chest. I wrote to my brother, to deliver to the bearer, Mr. Newman, that large mahogony chest. Mr. Newman afterwards shewed that order before my lord mayor. I did not come home till ten or eleven o'clock that night; but on the Monday morning, I went into the warehouse to look round; and said, George, have you sent that chest to Mr. Newman; he said, I have, but we miss the carpet. I said, when did you miss it? He said, just after the chest was gone. I asked him where the chest was carried to; he said, to Mr. Milner's. I went there two or three days after, and in about a month after, I was there, and went up into the dining room, and from the chamber door, on the left hand, I saw a bed side carpet; I said, that looks like mine. Mrs. Milner said, we bought that in the city. I said, it is hard that I should get no money at all, and lose my carpet into the bargain.

Q. Was the prisoner by at the time?

Stoutsbury. He was, said Mr. Milner, you had better hold your tongue, we shall do so and so. Then I came away, and afterwards went to Hicks's-Hall, and there preferred a bill of indictment against the prisoner, for stealing my carpet; I knew that carpet which I saw there to be mine.

Q. How did you know it; by what marks?

Stoutsbury. There was a large ink spot upon it, an ink-stand had fallen upon it.

Q. Are you sure it was your carpet?

Stoutsbury. I really think it was, by that mark and the pattern too; but by that mark in particular.

Cross Examination.

Q. How long have you known the prisoner at the bar?

Stoutsbury. I have known him better than 12 months, or a year and half; I had but very little acquaintance with him before.

Q. How long have you had any knowledge of him?

Stoutsbury. I have not known him above two years.

Q. Had you known him six months before this affair?

Stoutsbury. I cannot say indeed.

Q. Had you never dealt with him before, upon your oath?

Stoutsbury. I had never dealt with him in my life-time before, and I wish I had not dealt with him then.

Q. Did you never borrow money of him?

Stoutsbury. I never borrowed a shilling of him in my life time, as I have a soul to be saved.

Counsel. I must ask you how this chest was paid for?

Stoutsbury. By this note, which has never been paid. [Producing a note.]

Counsel. [takes it in his hand.] Here is a note signed by one Perry, promising to pay to John Christmas , or order.

Stoutsbury. This note was 12 l. 13 s. too much, so I gave him a note of hand for the remainder of the money. I said, why will you not give me your indorsement upon it; said he, I have a reason for that; but, said he, you will be paid, you know I will not wrong you.

Q. What did you give for the difference?

Stoutsbury. He had the chest, which was seven guineas, and he had my note, bearing date for the 12 l. 13 s. three months after date.

Q. Did you give him a note for 12 l. 13 s. as a note payable to him, or order; or in this manner; Received of such a one, such a note of 20 l. seven guineas of which is for a chest, and the remainder of which I promise to pay, &c.

Stoutsbury. I gave him a negotiable note, I was weak enough to do it.

Q. When did you see the carpet?

Stoutsbury. I cannot ascertain the time.

Counsel. As near as you can recollect?

Stoutsbury. It might be about a month after.

Q. Did you mention to the prisoner, that this carpet you saw, was supposed to be stolen?

Stoutsbury. I declared that was the carpet I had been robbed of. I was sure it was my carpet.

Q. Did you make any such declaration as this: I am a friend to Mr. Newman, and cannot afford to let him have the carpet with the chest. I must be paid separate for the carpet?

Stoutsbury. No, never.

Q. Did you not say the price of the carpet was seven shillings and sixpence?

Stoutsbury. No; I never said for in my life

Q. Did you never receive seven shillings and six-pence for it?

Stoutsbury. No, never.

Q. Where did it use, to?

Stoutsbury. For a week before, it generally lay on the chest that I sold the prisoner, to keep it from damage.

Q. Had you never seen Mr. Newman before the month of March following?

Stoutsbury. Yes; and when I came home, I declared I would prosecute him; and so I did before his face.

Q. Why did you not prosecute sooner?

Stoutsbury. I had a great many of my notes in their hands, and I was afraid to go on till I got some of the notes out of their hands.

Q. When did you indict him at Hicks's-Hall?

Stoutsbury. I did not indict him there till July.

Q. Have you seen him often since July.

Stoutsbury. I have a great many times since.

Q. When did you take him up?

Stoutsbury. I took him up the 10th of this instant February; I will give you a good reason for that; I had been arrested in the Court of Common-pleas.

Q. Was you arrested on the note for the 12 l. 13 s.?

Stoutsbury. I was.

Q. Did you ever apprehend Mr. Newman for this felony, till after you was arrested on this note for 12 l. 13 s.

Stoutsbury. No, they arrested me after I indicted him.

Q. When he treated with you about that chest, was there no mention made about any thing else?

Stoutsbury. No.

Q. Was the carpet damaged by the ink?

Stoutsbury. No, it was-a-bran new one.

George Stoutsbury . I am brother to the prosecutor. I remember the prisoner coming to me with an order for a cloaths-chest.

Q. What are you?

G Stoutsbury. I attend my brother's shop in his absence. I said to the prisoner when he brought the order, there it stands; there was a carpet upon it.

Q. Was any body else in your shop at that time?

G. Stoutsbury. No, nobody but the prisoner and myself. I said to him our porter has not been at work to-day. He bid me fetch one. Then he said, George, took a quarter of brandy. I went and fetch it at a public-house, and left him above in the shop.

Q. How long was you gone?

G. Stoutsbury. I was gone I believe about three minutes; when I came with the brandy, the chest who at the door, and a porter was come. We all three drank each a glass, and I helped the chest on the poiter's back, and away he and the prisoner went together.

Q. Where did they go to?

G. Stoutsbury. That I did not know till the portor came back again. I asked him where he had carried it to. He said to Mr. Milner's, in my life-street.

Q. When did you miss the carpet?

G. Stoutsbury. I missed that directly almost. We always regulate the Shop on a night I said, when I missed it, nobody could have it but Mr. Newman. I did not tell my brother of it that night, for four of uneasiness; but on the Monday morning I said to him, I believe Mr. Newman has got the carpet; and all my brother said was, he would endeavour to find it out, and if he did he would prosecute Newman.

Q. Did he not say he had bargained with him for a carpet?

G. Stoutsbury. No, he did not.

Q. Did Newman bargain with you for a carpet?

G. Stoutsbury. No, he did not.

Q. Was you in the shop all that day?

G. Stoutsbury. I was, I said in the shop till the evening, and then I shut up the shop myself. I do not imagine any body could take it, but the prisoner on the person.

Cross Examination.

Q. Was there no conversation between Mr. Newman and you as that time, that as it was a fine piece of mahogany, that carpet belonged to the chest, that it might not get damage?

G. Stoutsbury. No not to my knowledge.

Q. Whether you did not tell him at that time, you did not know whether he was to have the carpet along with it; and he told you he must have the carpet along with the chest?

G. Stoutsbury. I remember nothing of that.

Q. Whether Mr. Newman did not insist upon it, that the carpet that lay on the chest was part of what he purchased, and he was to have it along with the chest?

G. Stoutsbury. He never mentioned any such thing to my knowledge.

Q. Whether, or not, you yourself did not say to Mr. Newman: Sir, you may take it along with the chest if you please, and you may pay my brother for it when you meet?

G. Stoutsbury. I do not know that I said such a word.

Q. Do you know Mr. George Gardener ?

G. Stoutsbury. I do.

Q. Upon your oath, have you not declared to him, that at the time Mr. Newman came for the chest, it was to cover it: that Mr. Newman might take it along with him, and pay your brother if he had not bargained for it?

G. Stoutsbury. I never told him so to my knowledge.

Counsel for prisoner. Supposing such an accident had happened, that you had indulged a person with a carpet in order to carry goods home in it, is it not usual to have them sent home again?

G. Stoutsbury. There was no such thing proposed.

Q. What sort of a chest was it?

G. Stoutsbury. It was a long cloaths-chest, with two drawers at the bottom of it.

Q. How long was the carpet?

G. Stoutsbury. It might be about three feet long, and three quarters of a yard wide; it was just of a size to cover the chest.

Q. Was it possible for that carpet to be on the chest when it was carried away, and you not see it?

G. Stoutsbury. There was nothing at all upon the chest then.

Q. How long had it laid on the chest in the shop?

G. Stoutsbury. About two months.

Q. How long had the chest been in your warehouse?

G. Stoutsbury. That had been there about five months, to the best of my knowledge.

Q. Were there not things of more value in the warehouse, when you went for the brandy?

G. Stoutsbury. There were.

Counsel. What! little things easily to be concealed?

G. Stoutsbury. Yes.

Q. Did you miss any thing else?

G. Stoutsbury. No.

Q. Now, upon your oath, was this carpet taken away without your knowledge?

G. Stoutsbury. Upon my oath it was.

John Keeble . I am a porter. My Mr. Stoutsbury's sister came for me to carry this chest.

Q. What sort of a chest was it?

Keeble. It was a large mahogany chest: George Stoutsbury gave me orders to carry it, and the prisoner went all the way along with me, and stopped where I rested. I carried it to Mr. Milner's, overagainst the old playhouse, about three quarters of a mile from Mr. Stoutsbury's house.

Q. What was about it?

Keeble. I brought a cord of my own, and bound it about it.

Q. Was there any thing else upon it?

Keeble. No, nothing but my rope.

Q. Was there nothing about it to prevent the cord from gauling of it?

Keeble. No, there was not, I am sure of that.

Q. Was there any mention made about your carrying a carpet at the same time?

Keeble. No, there was not.

Q. Was you there when George went for the brandy?

Keeble. I was there about half a minute before he went for it.

Q. Who helped you up with the chest?

Keeble. They both did.

Cross Examination.

Q. Do you remember when you was going to tie up the chest, how Mr. Newman came by the keys of the chest?

Keeble. The keys I never saw, it was locked before I came.

William Gee . I have been a linnen-draper; Mr. Newman and Mr Milner were with me, and Mr. Milner said Mr. Newman had bought a chest, and had taken a carpet and put into the chest.

Q. How did he mention this, as a serious matter?

Gee. He spoke of it in a laughing way; he did not mention it as if Mr. Newman had purchased it, but laughed at it.

Q. When was this this conversation with you?

Gee. It was after the indictment was found at Hicks's-hall.

Cross Examination.

Q. Did he speak of it as a matter necessary to be concealed, that Mr. Newman might not be prosecuted.

Gee. Not at all; he smil'd, and told me there was a prosecution against Mr. Newman.

Q. Did he mention it as a trick, or that Mr. Newman intended to steal it.

Gee. No, there was not a word of that.

Prisoner's Defence.

I bought this chest at Will's coffee-house of Mr. Stoutsbury, and received an order fr om him to have it delivered to me. I went with the order, and delivered it to his brother George. Very well, he said, where shall I send it? I said to Mr. Milner's, where I lodge. There were two gentlemen present, whom I never saw before nor after. There lay a carpet upon it, about the size of the chest. I said, George, does this carpet belong to the chest as a covering, to preserve it from scratches? He answered, Sir, whether it does belong to the chest or not I can't determine, but you may take it; and if my brother can't afford to give it you into the chest, you and he will have no difference about such a trifle as that; I know you will pay him for it the first time you see him. Then I said, Let it lay on the chest, it will keep the rope from chasing it. He sent for a porter by a girl that he called sister; then he said, No, do not let it lay on the chest, but let us see if there be no Bank-notes at the bottom of the chest. He opened the drawers, and pulled out some loose papers; then he said, The best way will be to put the carpet into the drawer. I put it in, and he locked it up, and gave the key to me; this was before the porter came: then he said, It is unlucky to have a dry bargain: we both went out together to the publick-house, and had a quartern of brandy, and before it was drank the porter came, and had the remainder of it. The porter carried the chest to my lodging, and about two or three days afterwards David came to Mr. Milner's, and said, How do you like your chest? I said, Very well, but I think it is dear. He began with a great deal of his, As I hope to be saved, it is very cheap; I cannot afford the carpet my brother gave you into the bargain. I said, I'll pay you for it, but have not the money about me now. He said he wished it was as many hundred pounds, and went away. He came after that to Mr. Milner's; I said, As you cannot afford to give me the carpet into the chest, tell me what you must have for it. He said, Seven shillings and six-pence. I borrowed half a crown of Mrs. Milner, and gave him the seven shillings and six-pence for the carpet; I had at the same time a note on him for twelve pounds thirteen shillings; this note was become due, and was in the possession of Mr. Wright, a carpenter: he was asked for the money, and proposed to pay it in a day or two: after that he called upon him three or four times; then he said he would not pay it at all, for he would indict me for stealing a carpet. This transaction was in July, and in February he found this indictment: he paid no regard to it when called upon, so was arrested, and is now under bail; I have now the note in my pocket, and no consideration for it.

For the Prisoner.

Mrs. Milner. The prisoner has boarded at our house upwards of a year.

Q. Do you know David Stoasbury ?

Mrs. Milner. I do very well, and have about three years. I remember Mr. Newman having a chest sent home to our house, I believe it is above a year ago; there was a carpet in one of the drawers: a little boy that I have, about twelve years old, went up with the key, and took it out.

Q. Was there any attempt made to conceal it?

Mrs. Milner. No, there was not.

Q. Do you remember Mr. Stoatsbury coming to your house after that?

Mrs. Milner. I do, it was three or four days after: he asked Mr. Newman how he liked the chest, and he asked me how I liked it. I said, It is not for my liking, it is for the young gentleman's liking; then Mr. Stoatsbury said, Mr. Newman, I cannot afford to give that carpet in with the chest that my brother sent home. Mr. Newman said, If you can't, what will you have for it? He answered, seven shillings and sixpence, but he always sold them for nine shillings. Mr. Newman said, Give me change. The other said, Never mind it; if it was for an hundred pounds I should not mind it. He has come to my house to borrow money, four or five pounds at a time.

Q. Did you ever hear him say he had borrowed money of Newman?

Mrs. Milner. No, I never did.

Q. Do you know any thing of this carpet being paid for?

Mrs. Milner. I saw it paid for, it was about two months after it was brought to our house. I can't tell justly the time, but I know it was in warm weather, we had no fire in the parlour. I remember Mr. Newman said to him, Now I will pay you for the carpet, and put his hand in his pocket, and had not silver enough. He said to Mr. Milner, Lend me two shillings, or half a crown; he lent it him, and he paid for the carpet.

Q. Did Mr. Newman tell Mr. Milner he had stole or trick'd the prosecutor out of a carpet?

Mrs. Milner. No; the chest and carpet were put in a two-pair of stairs room, and Mr. Stoatsbury was never in that room in his life, he has been in the dining-room several times.

Q. Did you ever know of his challenging the carpet by a spot of ink?

Mrs. Milner. No, I never did, there is no spot of ink upon it: there came four fellows, George was one of them, and he saw that in my room. Here is the carpet, he said; he said he would swear to that which lay by my bed-side: then the constable went up stairs, and brought down that which lay upon the chest. Then George said, He could not swear to that. Said the constable, Have you any private mark upon it? No, said he, I have not. They looked upon it, and turned it about; there was no difference in the two for length and breadth.

Cross Examination.

Q. Are you wife to Mr. Milner in Ayliffe-street?

Mrs. Milner. I am.

Q. Did he lend Mr Newman the half-crown to pay for the carpet?

Mrs. Milner. He did, it came to 7 s. 6 d.

Q. Where is your husband, why is he not here?

Mrs. Milner. He is in an ill state of health, I can give a good reason why he is not here.

Q. What is your reason?

Mrs. Milner. One of my husband's bail is a bankrupt, and he thought the other might surrender him up.

Q. Has not your husband been here in the court within this hour?

Mrs. Milner. No, he has not.

Q. Has he not been attending here with you the whole day?

Mrs. Milner. No, he has not.

Q. When did he leave you?

Mrs. Milner. He left me about four or five in the afternoon. He was obliged to go away, because he was afraid he should be surrendered.

Q. Why did not you bring the carpet here with you?

Mrs. Milner. I had a good mind to bring them both, but I did not know whether it was proper.

Q. Is the constable here?

Mrs. Milner. I have not seen him here.

Q. Did you see the chest when it was brought into your house?

Mrs. Milner. I did.

Q. Was any thing upon it?

Mrs. Milner. No, there was only a rope and a wrapper tied about it.

Q. Where did you first see the carpet?

Mrs. Milner. I saw no carpet till it was spread on the chest by the little boy.

Q. Where is Mr. Newman's room?

Mrs. Milner. Up two pair of stairs.

Q. Does your bed-chamber join to your dining-room?

Mrs. Milner. It does.

Q. Has Mr. Stoatsbury been in that room?

Mrs. Milner. He has, but not when he came to Mr. Newman about the carpet, for the difference about that was in a little room below stairs.

Q. Is not there a great friendship between your husband, and the prisoner at the bar?

Mrs. Milner. Yes, there is; my husband will do any thing, consistent with reason; to serve him.

Q. How came it he did not stay to serve him now?

Mrs. Milner. I have told the reason.

Q. Was not the prisoner partner with your husband once?

Mrs. Milner. He was about three years ago, but that is dissolved now.

Q. Was not the carpet in question in your bed-chamber?

Mrs. Milner. No, never till it was brought down by the constable.

Geo Wright . I had a note drawn by David Stoutsbury paid to me by Mr. Newman.

Q. Look at this note. [He takes one in his hand.]

Wright. I believe this is the very same note.

Q. Was it ever paid?

Wright. No.

Q. Who had you it of?

Wright. I had it of the person to whom it was indors'd. It became due May the 12th. He promised me he would pay it in about a week's time. I believe I attended him near two months by different appointments, and, at last, he told me he would not pay me at all. In several times coming he never found any fault with the note at all.

Q. Did he say what he would do if the note was put in suit against him?

Wright. He said, they tell me Mr. Milner and Mr. Newman are two bad men, and he would transport one, or both, of them.

Q. Did he give any reason why he would not pay it?

Wright. Not till the last time of seeing him, then he said he had no value for it.

Miles Smith . I arrested Mr. Stoatsbury on a note of hand, on the 29th of July last, for Mr. Newman.

Council for the Crown. Our indictment was found July 7.

William Kemp . The warrant for taking Mr. Newman was backed Feb 10, 1761; that is six months distance, then he was taken.

Acquitted .

90. (M.) Claus Schlutingt , was indicted for stealing twelve stone dishes, value 12 s. six earthen dishes, value 6 s. seventeen stone plates value 5 s. and eight milk-pots, value 4 d. the property of John Weatherby and John Crouther , privately in their shop , Feb, 4 . *

[ The prisoner being a foreigner an interpreter was sworn.]

John Weatherby . Mr. John Crouther and I are partners. We have a glass and pot warehouse in St. Catharine's . About a month ago my servant informed me, that the shop had been broke open. I ordered the shop to be made as fast as they could; after which it was broke again. On the 3d of this instant, the prisoner was taken with a basket of goods, the same as mentioned in the indictment. The next witness, my servant, can give a better account than I can.

Thomas Blackbourn . I am servant to Mr. Weatherby. I have seen the prisoner about our neighbourhood for some time. On the 3d of this instant, about a quarter before six, he was taken about six yards from our shop with a basket on his back, with the goods mentioned, in it. [ Produced in Court.] They are my master's property.

Richard Hart . I stopped the prisoner with the basket and goods here produced, upon Mr. Wheeler's wharf, just by the prosecutor's warehouse or shop. When I took him by the collar, he gave me to understand, in broken English, that the goods were his own.

Q. What did he say?

Hart. I said, what have you got here? He said, Me, me, me, min on goods, min on goods, min on goods. I call'd William Welch , he came with a light, and we secured the prisoner. These are the goods he had upon him, that are here produced.

William Welch . Richard Hart held the prisoner, and I took this basket of goods from his shoulder. Then we called some of Mr. Weatherby's men, and secured him.

Samuel Hudson . I am servant to Mr. Weatherby, and Co. I know the goods, here produced, to be their property.

Prisoner's Defence.

I brought those goods along with me from Holland. The ship and crew are return'd, so I have no witnesses.

Guilty of stealing, but not privately in the shop .

[Transportation. See summary.]

91. (M) Mary Long , and Anne Kelly , spinsters , were indicted for stealing one leather purse, value one penny; one mourning-ring, value 7 s. and seven guineas, the property of James Crookshanks , privately from his person , Jan. 21 . *

James Crookshanks. On the 21st of January, I met with these two women in Rosemary-lane; I knew Mary Long , she had come up with me from Portsmouth in the machine. She asked me how I did; I told her I was very well. She said, Will you give us any thing to drink? I said I would give them a shilling's-worth of rum and water at any place where she chose it. She brought me to her own room first. I had no less money than a guinea to change, and Nan Kelly said, she would go and change it. I told Nan I would not trust her with a guinea; but if she would go and tell the landlord to bring a shilling in rum and water, and change for a guinea, I would treat them with the liquor. The landlord came with the liquor, and the change. Upon my taking a guinea out of my purse, these two girls saw that I had more in it. Then Nan Kelly grew very fond of me, and fell a hugging and kissing of me, and the other seemed to be very busy on the other side of me. I sat in the middle, and from my left-hand pocket of my breeches I soon lost my purse and seven guineas, and a mourning-ring in it.

Q. Which sat on the left hand of you?

Crookshanks. Mary Long did; and while the other was hugging and squeezing me, Long must take my money out. We all three went out of the room. I was not gone above three times the length of the court, before I missed my purse and money. I thought to myself, if I went back I should catch those girls with my money and ring. They, at coming out of the room, turned one way, and I the other. I went in search after them, and soon found they were both got into the room again. I went up stairs into the room, and catched Nan Kelly , she was busy in removing the things out of the room. I asked her where her neighbour Long was. She said she did not know. I said I had lost so much money, and till I can find her I will take care of you. At last, by looking about I found Mary Long in a back closet, covered over with a cloth. Then I took her out into the room, and told her what she had done, and asked her to confess. She would not, but said she had taken nothing from me. I carried her to Mr. Chapman's, a public-house house, and got a watchman to take charge of them. The watch kept them all night, and the next morning carried them before the justice, there they said they found the money upon the bed. The constable found the money upon them in the watch house.

Q. Had you been in bed?

Crookshanks. We were all three sitting on the bed

Q. Had you been tumbling on the bed?

Crookshanks. No, we were all three sitting flock still.

Q. Might they not find the money on the bed?

Crookshanks. No, I am very certain they did not, but Mary Long took it out of my pocket.

Q. What quantity of liquor had you drank?

Crookshanks. Only a shilling in rum and water.

Q. Was you fuddled?

Crookshanks. No, I was not concerned in liquor at all?

Q. Had you been drinking before in the day?

Crookshanks. I had been drinking beer with my victuals, but not all intoxicated.

Q. How can you swear they did not find your purse on the bed?

Crookshanks. I am very clear they did not.

Q. Are you certain you put your purse in your pocket after you took it out?

Crookshanks. I am certain of that; I put my purse with my gold in it in my left hand pocket, and my change in my right-side pocket, and I had not tumbled about. I had my silver in my pocket when I came out of the house, and I know Long took the purse; the other could not, for I had fight of her hands all the time, but I did not see Mary Long 's hands.

Q. Did you pick them up, or they you?

Crookshanks. They picked me up.

Stephen Pett . I am beadle of the parish. On the 21st of January, about ten at night, I was told a person had been robbed by two women. I asked him where he had been robbed, he told me in East-Smithfield; and gave the same account there as he has now, to the best of my memory. I asked if they had been searched. I was told they had by my partner, the other beadle, but no money found. Then I told them I would make Adams and Eves of them, if they would not give an account of the money.

Q. Which of them did you intend to make Adam of?

Pett. My meaning was, I would strip them naked, but that I would find the money if they had it about them. As Long was going to untie her petticoat, I asked her for her pocket, in which I found a guinea, a half-guinea, some silver and halfpence. Then I clapped my hand under her right arm. She said, I'll be d - ed if you search there; but I forced open her arm, and there I found this purse, with six guineas and a mourning-ring in it. [Produced in court.]

Prosecutor. This is my purse, I made it myself; and this mourning-ring is my property, which I lost that night.

Pett. He told me before he saw the ring the date in it was 1743, and so it was. We took the prisoners to the justice, and the money found over and above the quantity which the prosecutor swore he had lost, I, by the justice's direction, returned to Long again.

Long's Defence.

My brother belongs to the Magnanime. I had been down to him, and I came up from Ports-mouth with that gentleman. My brother had given me eight guineas to put myself in a way of living. The gentleman and I parted at the corner of Thames-street, Tower-hill. Afterwards, as I was going along Rosemary- lane to buy a few things, as I get my living by buying and selling old cloaths, I met him again; he asked me how I did. I said I did not know him. He said I came up with you from Ports-mouth. He asked me to drink. I said I was going about other business. He said, Do drink. Then I said go in here. Then he said, Have you no place of your own? Then I took him home, and happened to meet this other young woman. I did not know what he wanted with me; and then he sent for some rum and water.

Kelly's Defence.

This man and Mary Long were coming along; she owed me 5 d. for some oysters; she asked me to go along with her, and she would pay me. We went together, he was very sweet upon me, and said he would have to do with me. There was nobody in the room but Mr. Chapman that brought up the liquor and change, so I have no witnesses. Both guilty of stealing, but not privately from his person .

[Transportation. See summary.]

92. (M.) Matthew Kelly , was indicted for stealing one gold watch, value 7 l. one silver watch, value 3 l. one silver table-spoon, value 10 s. and one gold laced hat, value 6 s. the property of Francis Lugar , Dec. 27 . ++

Francis Lugar . I am an attorney , and live by the new church in the Strand . The prisoner was my clerk , and to do any thing that I had to do.

Q. How long had he been with you?

Lugar. About three months. On the 27th of December, it being holyday time, he went out and came home about two o'clock; then staid a little time, and went out again. Then he came in again. I was ill and confined to my bed room. He was soon gone again, and then I missed my gold watch, which was just before hanging up in my room. I did not see him for three weeks; but, in that time, he was frequently sending me letters by porters. When I met with him, I charged him with taking the gold watch: he owned he had taken it from the place where it did hang, and had pawned it. I also charged him with taking a silver one, which I had lost about 10 days before I lost the gold one; and also a silver table-spoon, and a gold laced hat. He owned to the taking them all, and told me where he had pawned them.

Q. Where did you miss your silver watch from?

Lugar. From the place where it hung in my dining-room. I sent for a constable, and he would not come because there was no warrant, so the prisoner got away. He was at last taken up by some pawnbroker, where he had pawned other things, and Mr. Fielding sent for me; there I went and charged him.

Q. from prisoner. Did not you let me put that silver watch in my pocket to walk out with you into the Park one Sunday evening?

Lugar. No, I did not.

Q. from prisoner. Did you never lend it me?

Lugar. No.

Prisoner. I came and told him I had a misfortune happen'd to me, and I had pawn'd the watch for two guineas, and I would get it again in a short time; and I would give him my note for the two guineas, if he would lend it me to fetch it out again; and the hat I mentioned likewise.

Lugar. Upon this man's coming to me, he was arrested by a person in Holbourn. Here is the paper, which the prisoner calls a note. It is no note, it is an account of things of his that I took out of pawn for him. Here is paid for him 2 l. 3 s. 6 d. This indeed is my silver watch, but the others are all his own things. A suit of cloaths, a hat, not my gold laced hat, a hat-buckle, a ring, and other things of his own; and at the bottom he has wrote.

Rec'd. the above by me Matthew Kelly .

Prisoner. After this I told him I was going to an assembly at Westminster, and desired he would lend me his gold watch. I took it, and came home the next night. I desire he may be asked if he did not lend it me.

Prosecutor to the question. No, I never lent it him, nor never gave him authority to take it, nor the silver one neither.

Robert Bowers . I am a pawnbroker, and live in Russel-street. On the 20th of last December the prisoner pawned a gold laced hat with me. [Produced in court, and deposed to by the prosecutor.] On the 27th of December he pawned a gold watch with m me for 7 l. and on the 12th of January he pawned a silver table-spoon for half a guinea. [Produced in court, and deposed to by the prosecutor.]

Prisoner's Defence.

After I wrote to him of what I had done, and that I was sorry for it, he desired me to come to him; and I was to pay the money at a guinea, or half a guinea at a time. His maid was in the room at the time. I made over a note to him for this silver watch, value received, and for other things that were pawned. He went to his desk, and took the purse in his hands several times; and was on and off, thinking what to do for the best, till it grew too late to go to the pawnbroker. Then he desired me to be with him by ten o'clock the next morning, to go and take the things out of pawn. When I came, he said, Go into Holbourn, there is a gentleman there to whom I pawned this watch for ten guineas; desire him to take this watch (that was the gold one) and bring me his note for the money. I begged he would excuse me in that, and said, if he would give me 7 l. it would be better to go for the watch, than to go to the gentleman. I have several times drank tea with him at his house since, till one evening he wanted me to stay right or wrong, and I would not. Then he said he would call a constable, and have me taken. He kept me till ten at night, which deprived me of another master; so I lost my place by that. Then I got away, and a man said. He does not want to hurt you, he only wants to frighten you. I hope you'll take pity of me, as I am a stranger in this country, and have no friend here. I served my time to Mr. Muroe, in Lombard-street.

George Cook . I heard the prosecutor warn the prisoner from coming to his lodgings any more, saying, he was a thief.

Q. When was this?

Cook. I cannot exactly tell the time.

Guilty .

[Transportation. See summary.]

93 (M.) Joseph Derbin , was indicted for stealing one cloth coat, value 11 s. and one pair of cloth breeches, value 3 s. the property of William England , Jan. 13 . +

William England . I lost a coat, waistcoat, a pair of breeches, and a bible, on the 13th of January. I know nothing how they were taken away.

Q. Did you ever find them again?

England. I found them again at Mr. Cook's, in Rosemary-lane. He is a salesman, [The coat and breeches produced in court, and deposed to.]

Q. What time did you lose them?

England. Between six and seven o'clock. I bought them for my apprentice.

Q. Are you bound by article to find your apprentice with cloaths?

England. I am.

Q. How long has he had them?

England. He has had them ever since a week before Whitsuntide last.

Q. What is his name?

England. His name is Daniel Hunson .

Daniel Hunson . Those cloaths my master bought for me.

Q. Did he deliver them to you?

Hunson. He did, and I wore them.

Q. Do you consider these cloaths as your own?

Hunson. I take them to be my master's property while I am with him.

Q. Suppose you leave him, do you take the cloaths with you?

Hunson. No, I think I should leave the cloaths behind me.

Q. Where is your indenture?

Hunson. That was in my coat pocket when taken away, and that is lost.

Q. When did you miss them?

Hunson. I missed them on the 13th of Jan. last, from out of my box.

Cross Examination.

Q. Where did you keep these cloaths?

Hunson. I kept those cloaths in a two-pair of stairs room.

Q. Where they under lock and key?

Hunson. No, they were in my master's box, which he lends me.

Henry Cook . I have known the prisoner to come to deal in Rosemary-lane with goods, and I bought these goods of him.

Q. What time of the day did you buy them of him?

Cook. I bought them of him between 10 and 11 in the forenoon, on the 30th of January.

Q. What did you give him for the coat and waistcoat?

Cook. He asked 15 s. and I gave him 14 s.

Q. from prisoner. Have I not dealt with you before?

Cook. Yes, and he has dealt with several others in the Lane.

Cross Examination.

Q. How long have you known him?

Cook. I have known him 12 months.

Q. When you charged him with this, did he deny selling them to you?

Cook. No, he did not; these cloaths had been offered by two women on that same day before, and the prosecutor's wife came and gave an account of what sort of cloaths she had lost; but, as she could not describe them, her husband came, and he described them. I knowing him, I told him, if he would have a little patience, I knew the person that I bought them of, (then I did not know his name, or where he lived). I thought I should soon see him again. The prisoner came the Saturday following to sell an article to me. I took him into my master's house, and told him I bought a blue coat and breeches of him on the last Tuesday, that had been stolen, and to secure myself I must secure him.

Q. Did he make any resistance?

Cook. No, he did not, neither did he offer to make his escape.

Q. to prosecutor. Did you buy these cloaths for your apprentice's use, and as his property?

Prosecutor. I did.

The Indictment being wrong-laid, he was acquitted .

94. (M.) Sarah, wife of Benj Lane , was indicted for stealing one screw-box, value one farthing, two guineas, and one half guinea, the property of Eliz . Chalkley , privately from her person , Feb. 20 .*

Eliz. Chalkley. I am a milk-woman . The prisoner carried milk about for me. I was sick in bed, and desired her to bring me my pocket. I had a wooden screw box in it, but I having two pockets, [ Producing them both ] she brought the wrong one to me, which had not the box in it. My money, two guineas, and a half, were in the box, and that pocket I had laid on the foot of the bed; afterwards that pocket was found lying on the table, and the box and money were gone. I did not accuse her, but afterwards it was reported about, that she had found a great gold ring, and she was got drunk and on the bed. The next witness can say more than I can.

Thomas Martin . I live just by the prosecutrix. She told me her servant was drunk, and neglected her business. I went and found her in Kingsland-road drunk on a bed. I awak'd her, and said, you have us'd your mistress ill. I am afraid you have pick'd her pocket of the box which she says she has lost. She said she knew nothing of it. In about two minutes time, a woman that was there said, the prisoner had got a great gold ring that cost 28 s. She delivered it to the woman of the house, and she delivered it to me. [ A very large gold ring produced in court.] Said I, what have you done with the remainder of the money? She said, I have no money. How came you by this ring? She said she bought it for 20 s. at the corner of the London work-house-gate; the person's name Gibson. I went there; he said he had not seen such a ring for above a year. Then the prisoner was secured, and sent to New-prison, on suspicion of robbing her mistress. I went to see her in prison. There she confessed to me she had taken the two guineas and half out of her mistress's window, from out of a paper. I said, you certainly made a mistake, and when you carried your mistress's plaid pocket to her, you took this money out of her leather pocket. The next day she was taken before justice Fielding. He ask'd her, what she had done with her mistress's money? She said, she had laid it out. Then I produced this gold ring. He said, it was more fit for a horse than a woman. He ask'd her what it cost? she said, 28 s. and that she bought it of one of her mistress's customers in Spital-square, newly set up. I went there, and the man said he sold it to her for 28 s. Then I said to the prisoner, had not you better tell what you have done with the box; she said, she had flung it down the necessary, at an alehouse I use. I went there, and the box was found accordingly. [ Produced in court.]

Guilty of stealing, but not privately from her person .

[Transportation. See summary.]

97. (M.) Willy Sutton , late of London , merchant , was indicted, for that he, at the parish of St. Martin's in the Fields, in the county of Middlesex , with force and arms, and malice aforethought, on Ann Bell , otherwise Ann Sharp , Spinster , with a certain penknife, value 2 d. which he had, and held in his right hand, did strike, and stab the said Ann, on the left buttock, near the fundament; giving to the said Ann one mortal wound, of the width of three inches, and depth of one inch. And one other mortal wound, of the depth of three inches, and width of one inch; whereof she did languish from the 30th of August , till the fourth of October, and then died. And that he, the said Willy, the said Ann did wilfully, and of malice aforethought, kill and murder .

He was a second time indicted, on the statute of stabbing, for feloniously killing and slaying her, the said Ann, against an act of parliament in that case made and provided.

Elizabeth Honyball sworn.

Q. Did you know the deceased person, Ann Bell ?

E. Honyball. I did.

Q. Do you know the prisoner at the bar?

E. Honyball. I do; I lived with the deceased Ann Bell , at Turnham-green.

Q. At what time of the year, and what year?

E. Honyball. That I cannot recollect; it was last year, about the latter end of the year.

Q. At what house on Turnham-green?

E. Honyball. At the Bohemia-head, I was a servant there.

Q. When.

E. Honyball. The latter end of last summer.

Q. Was Ann Bell there at that time?

E. Honyball. She was.

Q. Had you seen the prisoner at the bar there, visiting your mistress?

E. Honyball. I have.

Q. Who introduced him, or came with him?

E. Honyball. Sir William Fowler .

Q. Did the prisoner come often?

E. Honyball. He was there two or three times; they were acquainted together there.

Q. Where did you go when you went from thence.

E. Honyball. I went to Spring garden, as her servant, along with her, to one Mrs. Parker's.

Q. How did the prisoner and she agree at Turnham green?

E. Honyball. They agreed very well.

Q. How long was you at Spring-garden, before you saw the prisoner there?

E. Honyball. About three weeks.

Q. What time did he come there?

E. Honyball, I cannot recollect that.

Q. What past there?

E. Honyball. I cannot tell.

Q. Did your mistress go out with the prisoner?

E. Honyball. She did not.

Q. Was she not asked and importuned to go with him?

E. Honyball. She was not.

Q. Who was she asked by?

E. Honyball. By Sir William Fowler .

Q. Was the prisoner in company with Sir William Fowler ?

E. Honyball. I cannot tell whether he was or no.

Q. Did the deceased go out?

E. Honyball. She did.

Q. How long before she died, did she come to Spring-garden.

E. Honyball. About a month.

Q. Was it more or less?

E. Honyball. It was no more I think.

Q. Did you go to Haddock's-bagnio?

E. Honyball. Yes, on a Saturday morning; the porter came for me between nine and ten o'clock.

Q. Can you tell what day of the month that was?

E. Honyball. No; I cannot.

Q. What was the message?

E. Honyball. To carry a shift and a pair of stockings, which I did. I carried a shift, and other things, to Haddock's-bagnio.

Counsel. Tell in what manner, what happened to you in going there, how was you received?

E. Honyball. I carried them to the bagnio, and left them at the bar.

Q. What was done afterwards?

E. Honyball. I went to the Rummer-tavern, after I had carried the things there, for a quartern of rum.

Q. Did you see your mistress at Haddock's?

E. Honyball. I asked to see her, and they refused me.

Q. Who did you ask?

E. Honyball. One of the waiters said, I could not see her.

Q. Did he say, could not or should not?

E. Honyball. Could not.

Q. After this, what did you do then?

E. Honyball. I went to the Rummer, for a quartern of rum. The maid belonging to the Rummer told me they heard a great noise.

Counsel for prisoner. I object to that; what she told this witness is no evidence. They may call that servant if they please.

Court. Certainly this is no evidence.

Q. Where did you go from thence?

E. Honyball. Then I went home.

Q. How long had you been at home before your mistress came home?

E. Hon yball. Not long; my mistress came home about eleven o'clock in the morning.

Q. How did she appear to you?

E. Honyball. She came home very saint and very ill.

Q. How long was this before she went to Marybone?

E. Honyball. Just a fortnight before she went there. She came home on the Saturday, and was taken away on the Monday fortnight afterwards.

Counsel. You say your mistress came home seemingly, very faint and very low.

E. Honyball. Yes.

Counsel. This Saturday she mentions, must be the 30th of August.

E. Honyball. As soon as ever I opened the door, she said, she had received her death's wound, from that villain Sutton.

Q. Mention the words as well as you can recollect.

E. Honyball. These were the words she said as soon as I opened the door.

Q. Where was this?

E. Honyball. At Mrs. Parker's.

Q. Repeat the words again, that my Lord may hear you.

E. Honyball. She said she received her death-wound from that villain Sutton.

Q. In what condition did she appear when she came home?

E. Honyball. She appeared very low, and very faint.

Q. Was any thing done to her, or for her, to case her?

E. Honyball. She pull'd off her gown and stays, and lay down on the bed: nothing was done to her directly, there was soon after. The same night I went to a doctor in Pall-mall; he could not come himself but his man came, and sent a bottle of stuff to do her side and her arm, which were very much bruised.

Q. How long did she lie on the bed before she got up?

E. Honyball. She lay on the bed the value of an hour, then she got up, and drank a dish of tea, and went into the kitchen. In the evening I went to this doctor, he gave me this bottle of stuff.

Q. Who administered it to her?

E. Honyball. I did; all her fingers and arms were very much bruised, they looked very black; her arms and side, and head, and all appeared very black.

Q. Did you observe any other wounds that she had?

E. Honyball. No, I did not; she continued ill from that time, till the time that she died; that was just five weeks to a day, she died on the Saturday five weeks.

Q. In what manner was she treated while she staid at those lodgings here, before she went to Marybone?

E. Honyball. One Mr. Bliss attended her a fortnight before she went to Marybone.

Q. What course was taken with her, or what was done?

E. Honyball. I know no particular applications besides that bottle of stuff; she was under his care.

Q. Did any body come to see her?

E. Honyball. Sir. William Fowler did.

Q. Did any body else?

E. Honyball. Miss Young did.

Counsel. Any body else?

E. Honyball. And one Mr. West.

Q. Did the prisoner at the bar come to see her in her illness?

E. Honyball. No, he did not; before she went from Mrs. Parker's, she wrote a bit of a note, and sent it by a chairman to Mr. Sutton, and said Mr. Sutton owed her a guinea. He sent a note back by the chairman, with these words:

"If you are well, I am well, pay the porter

"and all is well."

*** 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 CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 25th, Thursday the 26th, Friday the 27th, and Saturday the 28th of FEBRUARY.

In the first Year of His MAJESTY's Reign. Being the Third SESSION in the MAYORALTY of The Right Honble Sir Matthew Blakiston , Knt. LORD-MAYOR of the CITY of LONDON. NUMBER III. 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 WAS you present at any conversation when Sir William Fowler or Miss Young visited her.

E. Honyball. Yes, Sir William Fowler came there, and gave me three guineas, and said, don't let her want for nothing. Saying, Here is three guineas, and I'll come and give her more soon. He went away, and I did not see him any more. He said he would not have her die for five thousand pounds.

Q. Did you hear her mention to him any cause of her illness?

E. Honyball. No, I did not.

Q. Do you know of any conversation that past betwixt her and Miss Young?

E. Honyball. No, I did not.

Q. When she was removed to Marybone, what was the occasion of her being removed there?

E. Honyball. On the account of her illness, it was for her health.

Q. Did you accompany her to Marybone?

E. Honyball. No, I did not; I was with her there.

Q. At whose house was she?

E. Honyball. She was at the house of Mr. Knight.

Q. Did you yourself attend her all the time?

E. Honyball. I did.

Q. Do you remember any ointment, or pomatum, made use of, or upon what occasion?

E. Honyball. Yes, she used often to ask me for the box of pomatum, and used to take it into the bed. She said she had something which she did not care to tell of, and it would be her death.

Q. After your mistress came home from the bagnio, on the 30th of August, do you know any thing with respect to her linnen?

E. Honyball. It was very bad.

Q. What do you mean by very bad?

E. Honyball. Very bloody.

Q. What linnen was it that was so?

E. Honyball. That that I carried, and that that she had on were the same.

Q. We desire you to be a little plain on this matter: can you tell whether that proceeded from any natural cause?

E. Honyball. It was not, for but a week before that there was such natural cause. It did not proceed from that.

Q. Was she perfectly well when she went out?

E. Honyball. Yes, she was.

Q. Was it only the shift, or coat also?

E. Honyball. Her coat and all.

Q. Do you mean all her coats?

E. Honyball. I mean through her shift, and all her coats, all but one.

Q. Now we are got to Marybone, what assistance had she at Marybone?

E. Honyball. I attended her three weeks, and three nights; I could not hold it no longer, then I had a nurse.

Q. What part of the time, upon her first going there?

E. Honyball. Before I went there.

Q. Who provided the nurse?

E. Honyball. Mr. Bliss sent the nurse.

Q. What is her name?

E. Honyball. I don't know; she attended her a fortnight.

Q. Who visited her there?

E. Honyball. One Captain Holland came to visit her there.

Counsel. Any body else?

E. Honyball. One Mr. Moody, and Mr. Dibble, and Mr. Moon, and one Mr. Drake, Doctor Smith, and Mr. Chapman, were there; he is a surgeon, and Mr. Bliss the apothecary. I cannot recollect any others.

Q. Whether you can recollect the day of the month, or day of the week, when Captain Holland first came to visit her?

E. Honyball. He came on the Thursday before she died.

Q. Was that the first time?

E. Honyball. He had been there once before.

Q. What plan long you speak of?

E. Honyball. He speaking of the lodgings at Marybone.

Q. Can you tell the time he first came there?

E. Honyball. I cannot tell.

Q. How long before the time of her death?

E. Honyball. I believe about a fortnight before.

Q. How often was he there?

E. Honyball. He was there three or four times.

Q. Can you tell us how long after you yourself came there it was, before Captain Holland first came there?

E. Honyball. About a fortnight, or near a fortnight.

Q. Can you recollect the day of the month?

E. Honyball. I cannot.

Q. Do you remember a particular application made to the deceased, a clyster to be administered to her?

E. Honyball. Yes, I fetched it myself.

Q. Had Capt. Holland been there before that?

E. Honyball. He was there on a Sunday, on the former part of the day.

Q. Do you remember any-body coming there with him?

E. Honyball. He came there by himself in the morning, and he came in the afternoon, and brought Mr. Moon with him.

Q. Do you remember any conversation that passed at that time?

E. Honeyball. She told me she had something to say to Captain Holland ; but she did not care to tell him, because Mr. Moon was there; and she desired Captain Holland to come the next morning, and she had something to tell him.

Q. Was you present?

E. Honyball. I was, and heard her; she wished he would come again the next morning: Mr. Moon was then present.

Q. Can you be certain whether this was Saturday, or Sunday?

E. Honyball. It was on a Sunday.

Q. Was it the day the clyster was administered, or not?

E. Honyball. I cannot justly say that.

Q. Are you sure it was on a Sunday?

E. Honyball. I am sure it was.

Q. Whether you remember any thing was done that day?

E. Honyball. Nothing particular that day, that I can remember.

Q. Can you recollect whether it was on that day the clyster was administered, or not?

E. Honyball. That I cannot be certain.

Q. Was there such an operation, or not, at that time?

E. Honyball. No.

Q. Was there at any time?

E. Honyball. It was a day or two afterwards that the clyster was administered: I think it was a day or two after that Sunday.

Q. Was you present when it was administered?

E. Honyball. I was.

Q. Do you remember, before the clyster was actually administered, any attempt to administer it?

E. Honyball. About the Thursday before the Sunday, I went for it myself. They could not administer it.

Q. When did they attempt it?

E. Honyball. It was attempted to be administered before the Sunday.

Q. By whom?

E. Honyball. By the nurse.

Q. Was you present?

E. Honyball. I was.

Q. How came it not to be administered?

E. Honyball. The nurse ran the clyster-pipe into a wound, instead of the other part; she screamed out, and said she could not bear it.

Q. What did you observe upon that occasion?

E. Honyball. I bid her let it alone till Mr. Bliss came.

Q. Did you see this wound, or do any thing to it?

E. Honyball. I saw both the wounds at that time.

Q. What sort of wounds were they?

E. Honyball. One was cut long, and the other was cut in deep.

Q. What did they appear like?

E. Honyball. They appeared to me to be wounds that were cut.

Q. In what part of the body?

E. Honyball. Just above the fundament, one in the thick part.

Q. First describe where the long wound was?

E. Honyball. Just above the fundament, in the thick fleshy part.

Q. Where was the other?

E. Honyball. The other was in the thick part of her backside.

Q. How far from the long wound you have been describing?

E. Honyball. Not half an inch.

Q. Nearer or further from the fundament, than the long wound?

E. Honyball. On the side of it, on her backside.

Q. How far distance from the clift?

E. Honyball. Just by the fundament or clift, just by it.

Q. What wound do you call this?

E. Honyball. This I call the deep wound.

Q. Do you know what depth it was?

E. Honyball. No; I do not.

Q. Who was present besides yourself, when you first discovered these wounds?

E. Honyball. Miss Knight and the nurse; and me, and no body else.

Q. Did you at that time, or any other, see the nurse do any thing to this wound, or either of them?

E. Honyball. Nothing at all till Mr. Chapman came on the Thursday, the same day as the clyster was attempted to be administered, after that attempt.

Q. What is Mr. Chapman?

E. Honyball. He is a surgeon.

Q. Was he told or apprized of this?

E. Honyball. He ordered the nurse to foment it, or do something to it.

Q. How came he to be there?

E. Honyball. Mr. Bliss fetched him, and told him of it; and the nurse told Mr. Bliss of it, and I too. We told him of it, the same day that we told Mr. Bliss of it; Mr. Chapman brought some stuff with him to put into the wounds.

Q. Where was you when he came?

E. Honyball. I was then in the room.

Q. What did you see pass then?

E. Honyball. He said it would do very well.

Q. Did you see him put the stuff in the wound?

E. Honyball. I did; and put a plaister to it; it was some cotton, and some green or yellow millelot.

Q. How deep did it appear by the instrument?

E. Honyball. I cannot tell; it seemed to me to be very deep and very large.

Q. Before that time had you seen any particular wound?

E. Honyball. No, I did not.

Q. What was said about this wound, and to whom, by your mistress, in your hearing?

E. Honyball. She always said Mr. Sutton had cut her.

Q. Before or after they were found?

E. Honyball. After they were found. She told Mr. Bliss that Mr. Sutton had cut her.

Q. Did you hear her tell him so?

E. Honyball. I did.

Q. Did you ever hear her be this in the presence of Mr. Holland?

E. Honyball. No.

Q When you heard her say this, how did she appear to be with respect to her senses and understanding?

E. Honyball. Perfectly in her senses. This was in the day; she was not so well of nights.

Q. Did she talk sensible of it, and rational about the matter?

E. Honyball. Very sensible.

Q. When was this?

E. Honyball. This was on the Thursday before she died.

Q. From this time to the time of her death, who dressed her wounds?

E. Honyball. Mr. Chapman and the nurse. Sometimes the nurse, and sometimes Mr. Chapman.

Q. Did you hear her say, in respect to these wounds, after this, how she came by them?

E. Honyball. She said, Mr. Sutton gave me these wounds.

Q. Did you ever see them dressed by the nurse after this Thursday that you have been talking of?

E. Honyball. Yes. She has fomented them an hour together by Mr. Chapman's order.

Q. Did you assist in it?

E. Honyball. I did.

Q. Was there any thing applied besides the fomentation?

E. Honyball. No, there was not.

Q. How did these wounds continue? Were they open or heal'd, and cured or not?

E. Honyball. They continued open wounds to the time of her death. At the time the nurse went to give her the clyster they were full of corruption.

Q. Did you see them in that condition?

E. Honyball. I did.

Q. Was you present at the time Mr. Holland was with her?

E. Honyball. He was with her two days before she died. That I particularly remember.

Q. What conversation past between them?

E. Honyball. She told Mr. Holland, I was in the room at the same time, that Mr. Sutton had given her two stabs. She said he stabbed her in one place, and then stuck the knife in the other.

Q. What were the words she made use of?

E. Honyball. She said she received two stabs from Mr. Sutton, and she desired Mr. Holland to see justice done her if she should die, for she should not be long in this world.

Q. Did she describe the manner in which they were given?

E. Honyball. She shew'd Mr. Holland the manner, with the length and bigness by her fingers.

Q. Did she say any thing about the manner how given, or why?

E. Honyball. She told Mr. Holland, she hoped he would see justice done her, and see her righted, for she should not be long in this world. I went out of the room and left them talking. She desired I would go out of the room.

Q. Did you hear her express the manner of giving the wounds?

E. Honyball. I did not.

Q. How long did she live after this?

E. Honyball. She died within two days after.

Cross Examination.

Counsel. You say you was servant at the Bohemia-head, at Turnham green?

E. Honyball. I was Mr. Johnson's servant.

Q. I should be glad to know when you first became acquainted with the deceased, whether Mr. Fowler was not her acquaintance?

E. Honyball. She was his acquaintance be fore she came there.

Q. Did she continue so while she was there?

E. Honyball. She did.

Q. Did he use to come frequently to your house?

E. Honyball. He did:

Counsel. Then Mr. Sutton was no other than an occasional visitor, being an acquaintance?

E. Honyball. No otherwise.

Q. Do you know who provided those lodgings for her at Mrs. Parker's.

E. Honyball. I am sure it was herself, because she said Sir William Fowler was to keep her. That Miss Bell told me.

Counsel. You say she went to this bagnio?

E. Honyball. She did.

Q. How long did she stay there?

E. Honyball. She staid there three days, she was away three days and three nights, and I never set eyes on her.

Q. Whether she did not as her return tell you she had been drinking ratifea as if it had been small-beer? Whether she did not give you to understand that was the death wound she had got?

E. Honyball. As soon as ever she came in at the door, said she I have receiv'd my death's wound from that villain Sutton; and, I have been drinking ratifea as if it had been small-beer.

Q. Was not she at that time a good deal in liquor?

E. Honyball. She did not seem so.

Counsel. You have been telling the gentleman here, and I wish you would recollect, for your own sake as well as others, did she continue faint and ill at her lodgings till she went to Marybone? Recollect, whether after this time she did not go to Bartholomew-fair?

E. Honyball. No, she did not. I went there; she was ill all the time. She was very ill in bed. She was not there, nor out of doors. She said she had something she did not care to tell of, that would be her death.

Q. Who did she say this to?

E. Honyball. She told it me a great many times.

Q. Did she mention this to any body else?

E. Honyball. Before she went to Marybone she did not only say it to me, and Mrs. Parker, and the maid, but to several.

Q. Whether you have not yourself declared, upon more occasions than one, that you thought this blood upon her linnen was natural?

E. Honyball. It was not natural.

Q. Have not you declared it was?

E. Honyball. No, I have not.

Counsel for the crown. What part of the linnen did you observe to be bloody?

E. Honyball. On the back-part, and on the back-parts of her petticoats.

Court. Was the word, And, or Fo I have been drinking ratifea?

E. Honyball. As soon as I open'd the door, she said she had received her death wound from that villain Sutton, and, that she had been drinking ratifea as if it had been small-beer.

Thomas Holland sworn.

Counsel for the prisoner. We desire the other witness may go out of court, that if she gives her evidence again, she may not recollect from Mr. Holland's evidence.

Holland. I desire Mr. Bliss may be out of court, and the other evidences on Mr. Sutton's side; all our witnesses are lock'd up in a room.

The court ordered all the witnesses that were to the fact, out of court.

Q. How long have you been acquainted with the deceased Miss Bell?

Holland. I have been acquainted with her almost four years. She lived with her father at the time I was acquainted with the family. I was not particularly acquainted till about two years ago. I have seen the girl, but not particularly.

Q. Where was your acquaintance with the family?

Holland. It was at Aylsham; she was introduced by her brother, now an officer in Germany, I have been at Aylsham a week at a time, but more so acquainted at the end of the year 58.

Q. How long after that time did you see her again? Can you with any sort of particularity say when you left visiting the family?

Holland. We came out of the country of Norfolk last June was twelve months, she was at Aylsham when I was there, we had a company of militin where I used to go to exercise the men: we left the country last June was twelve months, then the regiment marched to Portsmouth.

Q. When after that time did you first see Miss Bell?

Holland. I did not see Miss Bell till the 27th or 28th of September, after I left Norfolk. ( Looking in a pocket-book.)

Counsel for prisoner. What book is that in your hand?

Holland. It is a memorandum-book.

Counsel for prisoner. Who wrote it?

Holland. I did.

Counsel for prisoner. When?

Holland. Since the lady has been buried; I put down the memorandums the day after she died.

Counsel for prisoner. Can you be certain when you put it down?

Holland. I will not be positive when; it might be two or three days after her death.

Counsel for prisoner. Can you be positive you put down every thing there within a month of the thing happening?

Holland. I cannot tell to a month or two; I do not know but I made memorandums within seven days of every thing. I have made a memorandum of every thing within seven or fourteen days at most.

Counsel for prisoner. How came it you let it be seven or fourteen days after?

Holland. That I can give no account of, but it may be forgetfulness.

Counsel for Crown. Are there other memorandums in that book, that are not relative to her.

Holland. It is a common memorandum-book?

Q. When was the first time after you left Norfolk that you saw miss Bell?

Holland. I think it was the 27th of September; it was Saturday the 27th I saw her in bed at Marybone, where she died.

Q. Can you recollect the day you set it down?

Holland. I really cannot recollect; it may be two or three days after, or it may be a week, I put it down: I was determined from my first promising her on her death-bed to do it: if her father would not see her have justice done her, I was determined I would.

Q. Why did you not put down every one of those occurrences sooner than seven or fourteen days, if you did it with a view of preserving it in your memory?

Holland. I have had a great deal of trouble about this affair. I have recollected them on my pillow, and thought of things, and have wrote them down, that I might not be mistaken if it came to a trial, so I put them down on my recollection?

Q. How came you to know that Miss Bell was ill in bed?

Holland. On Friday the 26th, I was walking in the city, I called on one Mr. Drake. a merchant in Bread-street, he is of an Aylsham family, his father lived within a door or two of Miss Bell's father. He was in partnership with Linwood and Dwight, linnen-drapers, in the country, but now he is in a wholesale way, in the Norwich-stuff way. He ask'd me when I had seen Miss Bell? I told him. I had not seen her for fifteen or sixteen months.

Q. Had you seen Mr. Drake before in London?

Holland. I think that was the first time. [He puts the book in his pocket.]

Q. How long had you been in London?

Holland. I had been in London about two months, I don't recollect I had seen Mr. Drake before, since I came to London. I recollect now that I saw him once before, and the reason was this; her father came up to town in order to get the girl into the country, he put her apprentice to -

Counsel. That is not material.

Holland. I am only telling you that I saw Mr. Drake once before: when I said I had not seen her for 15 or 16 months, he said, Sir, I am informed Miss Bell is very ill at Marybone, that she lately lodged in Spring-gardens, and has been carried away in a chair to Marybone, and I am informed is like to die. I told Mr. Drake I was sorry for it, and I would make it my business to go to Marybone the next morning, which was on a Saturday, to enquire her out, which I did; I got to Marybone about nine or ten in the morning the 27th.

Q. Whose house was it she lodged at?

Holland. She lodged at the house of one Mr. Knight: when I came to Marybone I came to the Rose of Normandy, and went into the house, and asked if they did not know any thing of a lady lately brought in a chair there very ill: the landlord told me he believed there was such a one lodged at such a house. I asked him if he had heard her name; he said he did not recollect it, but said he would send to know. Said I, I'll go myself, you shall not send. I went and knock'd at the door, the servant-maid, the nurse's daughter, let me in; I do not recollect her name, she is here. I asked her if one Miss Bell lodged there; the girl looked at me: said I, pray is there a young lady that is ill here? Said she, yes, there is, I'll call her servant. She ran to the stair-foot, and called her servant down, (which was Elizabeth Honyball .) I asked her if her mistress's name was not Bell: She said, Yes, Sir. - Pray how does she do? Is she well enough to see any-body? - Sir, she is very bad, but if you'll be so kind as to let me know your name, I'll tell her. I sent my name up, she came down, and desired I would walk up; the servant maid went up along with me, there was the nurse in the room.

Q. What became of the maid after this?

Holland. I believe she went into another room, but I called presently for her, and she came again; but the nurse remained with us the whole time.

Q. Did any thing pass while the maid was out of the room?

Holland. I believe there did; but there was a great deal past while she was in the room, the nurse pulled back the curtain, and I saw it was the lady I expected. I said, Nancy, how do you do my dear? She looked at me, and shook her head, and did not speak, for I believe half a minute.

Q. Was any body in the room when you first spoke to Miss Bell?

Holland. Upon my word I cannot positively say whether there was or not. I said, Nanny, do you know me? After pausing half a minute, she shook her head, and said, know you, Yes, very well; how do you do Captain Holland ? I cannot say the particular words; but she asked me how I did. She asked me to take a chair and set down by the bed-side. I did, I took her by the hand, and she cried; she begged I would help her up, which I did, and propped her up behind with the pillow, but it was with a great deal of pain. But when she was up, and set for a minute, she began to be easy; but in lifting her up, she complained, and said, O! my side.

Q. What had she on?

Holland. She had a linnen bed-gown on. I then asked her in half a minute, my dear Nanny, are you in a fine way of doing well now; do not make yourself uneasy, you will do well, and I have shall the pleasure in a week's time to take a walk with you. She shook her head, and said, no, that is impossible; had I seen you a month ago, this would not have happened.

Q. What do you mean by that - a month ago?

Holland. O! says she, I am lost. I am murdered. With that I said, Nanny, do not make yourself uneasy; recollect yourself, recollect yourself, what can be the meaning of your expressing yourself in this kind? I then thought she had not been sensible; I then turned from that discourse in order to find out, whether she was in her senses or not. I said, Nanny, - the nurse and maid were by.

Q. When did the maid come into the room?

Holland. She came into the room at the time this discourse happened; but where abouts in the discourse, I really cannot tell, and she staid in the room till I went away. Then I asked her, if she wanted for any thing; yes, says she, I want for a great many things; I want for something to eat, Mr. Bliss has directions to take care of me from Sir William Fowler , and he will not let me eat; I have asked for a chicken to make chicken-broth; but Mr. Bliss will not let me have one. The nurse said no, Mr. Bliss used my mistress very ill, for Mr. Bliss will not let her have common necessaries. After the nurse had told me the ill usage of Mr. Bliss, I said, nurse, take care of your mistress, and there is a shilling for yourself, and I will go to Mr. Bliss myself; and if he does not take proper care of your mistress, I will send some body that shall. I said to Miss Bell, Nanny. my dear, you seem now to be fatigued. - She shut her eyes as she set up in the bed. I said, Nanny, I shall dine this day at my Lord Orford's, and as soon as dinner is over, I will call and see you again; I will certainly call in the afternoon, and she begged I would, and that I would help lay her down again, which I did, with equal the same pain in laying her down, as helping her up. She then complained of her side, then I left her, promising to call in the afternoon, and she begged I would. In the afternoon I went, I believe betwixt five and six o'clock, I cannot recollect the minute, but it was after dinner, I dined with Mr. Moon, and a lady in the house, and was telling Mr. Moon the story, he came along with me. I told him the distress, to me, the lady seem to be in; I said to him at dinner, here is a couple of little birds, may be she will like, and I carried them to her, and Mr. Moon along with me. I put them in my pocket, by the leave of Mr. Moon, Mr. Moon carried her a piece of pine apple, and he gave it her, and she sucked it with a great deal of pleasure.

Q. Which of the servants let you in?

Holland. I cannot recollect which of them let us in, but it was one of the servants, we were both carried up in the chamber, there were nobody there but the nurse, me and Mr. Moon, the maid I believe was in the other room.

Q. What past in conversation?

Holland. Mr. Moon sat down in a chair by the window, I went and took a chair and sat down by the bed side. She took part of the bird upon the plate, and eat part of it, and afterwards sucked the pine apple. She looked at Mr. Moon and shook her head, and said, I wish you would call to-morrow morning. and I will tell you something that shall surprize you.

Q. Had any thing been said about her ill usage?

Holland. No otherwise than what I said in the morning; none that I know of.

Q. What past after that?

Holland. Then I took my leave, and promised her I would call the next morning, which was the Sunday, which I did.

Q What time did you get there?

Holland. I got there about nine or ten on the Sunday morning alone.

Q. Who let you in?

Holland. The servant let me in, I do not know which, and I was desired to go up stairs. I met the nurse in the first room. (I went thro' one room to go into the other.) The nurse catched me by the arm or coat; and said, I want to speak with you Sir.

Q. Were any body else within hearing?

Holland. There were no-body, but the nurse and I, as I recollect.

Q. Was door open?

Holland. It was; I went to the window, she said, La Sir, my mistress has got two frightful wounds, frightful wounds indeed, as they seemed to her to be. Sure, said she, they must be cut with some sharp instrument, by some rogue through villany, or something to that purpose.

Q. How many windows are there in that room?

Holland. There are two, it is a very genteel dining-room.

Q. Can you guess how many feet square?

Holland. About ten feet square.

Q. Did this happen before you went to miss Bell?

Holland. It did.

Q. Do you recollect, whether the door that opens into Miss Bell's room, was open or not?

Holland. I really do not recollect that.

Q. Was the door to the stairs open?

Holland. I really cannot say.

Q. Will you charge your memory, as well as you can, whether any body was in the room at the time the nurse said that?

Holland. I do not recollect, if any body was there, it must be the maid; but whether she was then in the room or not I cannot recollect. I then told the nurse, this must be the story that Miss Bell wants to relate to me. Nurse, said I, how came you to find those wounds out. Says she, after you went away last night, Mr. Bliss was here, and ordered her a clyster. I have no spight in the world against this gentleman, [ pointing to Mr. Sutton;] I only desire to tell the truth of the story Then she said, Sir, I put the pipe, (I cannot tell whether she mentioned the word pipe or thing) but she said, she put it into the wound, and by that means, she found the wounds out. I asked her then, Pray how long may these wounds be? Lord, says she, I ran the thing in, I do not know how far, - thus far [ shewing by his finger to his knuckle ] After this I sat down by the bed-side.

Q. Where was the nurse then?

Holland. She was by in the room, and Elizabeth Honyball came into the room presently afterwards; and she was in the room a good while, while Miss Bell was relating this thing to me. I asked Miss Bell how she did, she said, she hoped she was better; then she desired me, that I would help her up again; I did, and with a great deal of pain. She always complained of her side - it hurt her side.

Q. How was she dressed?

Holland. She was dressed in the same manner as she was before; we fell into some little discourse about her family in Norfolk. She told me she had had a letter from her father, and called for the letter, and desired I would read it, which I did. She then said, I expect my father up every day, I am surprized he is not come; but now I do not care whether he come or not, for I am sure you'll see me have justice done me. I said, Nanny, Pray what do you mean by justice done you, have you been used ill? Yes, says she. I have been used very ill. I said, Miss Bell, You may depend upon it, I'll see you have justice done you, if any body has used you ill, certainly see you have justice done you, if it is to be had; I will not say the particular words; but it was to that purpose With that I asked her, Whether she thought she was capable of relating the story? She said yes, she would tell me the whole story. Said I, Nanny, Do not be in a hurry, but tell the whole affair, they are coming to town?

Q. Was she in her senses then?

Holland. She was then in her senses, and the fever seemed to be quite abated, and she did not seem to be in a fever at all. I attended her twice a day, and she was as much in her senses, as I am now; there did not seem to be the least fever upon her in the world. Indeed the nurse told me, and so did the maid, that she was worse in the nights; and talked of some things in the night, that they thought her delirious. But upon my oath, she was as much in her senses the whole time I was along with her, as ever I saw any person in my life. She then began to tell me her story, from the time of her first coming to town. She said, her father came to town with her, and she was bound apprentice to a milliner, near Leicester-fields; she did not tell me the particular place; but as near as I can recollect, these were the words. She said, You know I did not like confinement, and I went along with my father a little way, to take my leave of him, and I staid all night. Now she did not relate to me how long she had been at this place, where she was apprentice; but I suppose, that could not be a great while, because her father went soon after he had settled her in her place. She told me her story down to that time, with great particularity.

Q. When did she tell you, she first became acquainted with Sir William Fowler , and Mr. Sutton?

Holland. She was introduced to Sir William Fowler , by Mr. Dibble he kept a Coffee house, near Covent garden, at that time; he is a player; she told me the whole of her being at Turnham-green.

Counsel. Then take her Story from the Bohemia-head.

Holland. She told me she came away from the King of Bohemia's-head, at Turnham green, to take lodgings in Spring gardens, and was there some time. What time, I will not pretend to say; I think she said, three weeks before Sir William Fowler , or Mr. Sutton, found out her retsea. This was at Mrs. Parker's in Spring-gardens, I am telling her story as near as I can recollect the words, as she related to me. She then said, Sir William Fowler and Mr. Sutton came one morning to her lodging, and desired her to take a walk, which she consented to; and went from her lodgings with them. That at night, they went to Haddock's-bagnio, and one Miss Young came to her there. She said, they remained at the Bagnio three nights and three days; and they obliged her to drink the value of three pints of ratisea a day.

Q Did she say, obliged her?

Holland. She did; that was the word upon my oath, and that Mr. Sutton at this time used her very ill, and that they quarreled; that Mr. Sutton told her then, that he would cut her backside, so that she should not be able to fit.

Q. Repeat those words?

Holland. She said, Mr. Sutton said to her; I have a good mind to cut your backside, so that you shall not be able to fit; and if ever I meet you again, I'll cut you so, that you shall not be able to live. As rear as I can guess, these were the words she mentioned.

Q. How did she proceed with her story, after she had mentioned these words?

Holland. Then she said, she had got a fall down stairs, and hurt her side; but she could not say, whether she was thrown down or not. I then asked her, whether or no she might not get these wounds by this fall. She immediately replied no; they were given me with a penknife, by that villain Sutton. She then said, this was the truth of her usage; and she hoped I would see her have justice done her. She received those wounds from Mr. Sutton; and she was sure the wounds would kill her, the wounds would be the cause of her death, and said this was the truth.

Q. When you went into the room, did you take notice of what the nurse had told you?

Holland. No, I did not, of one syllable.

Q. Did she describe the manner in which the wounds were given her, and the circumstances?

Holland. She made a motion on the back of her hand, when I asked her how the wounds were given: she said. With a penknife he ripped me so, and so, making a motion with her hand, as if he had been killing a hog.

Q. Where did she point with her hand?

Holland. On the back of her hand, pointing with one hand to the other, and made a motion in the manner that he gave her the wounds.

Q. Did she, or did she not, describe the manner of her being overpowered by him?

Holland. She mentioned a circumstance, and said he bent her fingers back till her arm was black, but did not mention any particular manner how: but absolutely said, he gave her the wounds with a penknife.

Q. Did she mention in what part of the room, or whether on a bed, or chair?

Holland. No, she did not; I did not think to ask her that.

Q. Did she describe the place?

Holland. No, nor I don't remember that I asked her. When she concluded this discourse, her last words were desiring me to see her have justice done her. I said, Miss Bell, you may depend upon it I will see you have justice, if it is possible. I asked her who Mr. Sutton was. She said, He was a young merchant that kept company with Mr. Fowler.

Q. During the time this whole story was told you, who was present?

Holland. The nurse and Honyball; the nurse was backwards and forwards. Miss Knight, the young lady that lives in the house, did come up sometimes when I was there; but I don't recollect that she was present, when she related this part of the story to me. I told her I would go to Mr. Bliss, and wait on her again in the afternoon. She begged I would. I took my leave then, she began to be fatigued, and desired to be laid down. Mr. Bliss was not at home, I saw his man, I said to Mr. Bliss's man (he was in the shop) I said to him, Pray do you attend a young lady at Marybone? After he said, Mr. Bliss was not at home.

Counsel for prisoner. That is not evidence.

Counsel for the crown. I don't desire it.

Q. When did you go next to Miss Bell?

Holland. I went in the afternoon to her, on this Sunday, the maid or the nurse let me in to her.

Q. Who was present in the room?

Holland. The nurse was there, and the maid I believe was there, but I will not be positive; but the nurse was always there.

Q. Did any conversation pass between you and her on the same circumstances?

Holland. I asked her if she recollected what she had told me in the morning. She said, Yes, very well, and what I told you is a truth; my ill usage is truth, that I related to you; and Mr. Sutton, gave me those wounds with a penknife, that villain, and I hope you'll see me have justice done me.

Q. How did she appear as to her fever in the afternoon?

Holland. She appeared as well as to that, as in the morning.

Q. How was she for understanding?

Holland. She was as well in her senses as I am now.

Q. Did you see her on the Monday?

Holland. I saw her twice on the Monday, morning and afternoon.

Q. Did you see her on the Tuesday?

Holland. Twice on the Tuesday, twice on the Thursday, and the Thursday night was the last time of my seeing her?

Q. Was this affair mentioned at each time of your seeing her.

Holland. Every time I was there, I related one part or the other of this story to her; she always was of the same opinion, and declared over and over to me, that what she had declared was the truth, and hoped justice would overtake Mr. Sutton; or to that purpose. The last time I saw her, on the Thursday in the afternoon. I was told by the nurse, or the maid, or Miss Knight, they all seemed to be in confusion, that the surgeon had been there, and that Miss Bell's wounds were mortified.

Q. How was she as to her senses them days?

Holland. Monday, Tuesday, Wednesday, and Thursday, she was always perfect in her senses; the same as I am now, always when I was with her; and I discoursed with her about different things, and always found her so. I asked her on the Thursday night, and said: Nanny, my dear, I will not flatter you. I am afraid you will not live; have you any thing to say to your father, or mother; I shall write, pray tell me now? She paused a little, and said: Yes ( sitting up in the bed as before; for always she desired I would lift her up) she said, yes, Captain Holland , pray write to night, and give my duty to my dear mother, and tell her I am sensible I shall not be a great while in this world; and I hope to meet her in another, where we shall be more happy than in this; and she gave a sort of a scream, and fell backwards, and I went away, and never saw her more.

Q. Have you got the copy of your letters you wrote to her father?

Holland. Upon my word I have not, when I told her I would write, I did not write.

Q. What method did you take in order to pursue her desire, and bring this gentleman to justice?

Holland. After this lady was dead (she died on the Saturday morning) I was informed that Mr. Bliss had applied to Mr. Umfreville, the coroner, for leave to bury this lady.

Counsel for prisoner. This is not evidence.

Counsel for crown. When was she buried?

Holland. She was buried on the Tuesday following. I went to Mr. Fielding, and complained to him.

Q. What day did you go there?

Holland. I really don't recollect the day, but it was about the same time of her being buried. She died on the Saturday, and was buried on the Tuesday following. After I had told Mr. Fielding this story as near as I could recollect, he desired me to send for Elizabeth Honyball . I went and fetched her myself to him, and she upon her oath gave in her testimony to him. I expected he would have pursued this, and endeavoured to bring this to justice. I believe justice Fielding never took any more notice of it.

Q. Did you tell him the same story as you have now?

Holland. I did, as near as I could recollect. I told him she desired me to see her have justice; and I thought him the properest person I could apply to.

Q. Did you apply to him for a warrant?

Holland. No, I did not; then I wrote to her father - I wrote first of all to Mr. Sutton.

Q. Did you go to any other magistrate?

Holland. No, I never did, till I went to justice Wright to take a warrant out.

Q. Was there a coroner's inquisition sat upon this?

Holland. There was.

Q. How was that obtained?

Holland. I do not know.

Q. Had you a summons to be there?

Holland. I had a summons from the beadle.

Q. Did you attend?

Holland. I attended on the Friday - but I was not admitted. -

Counsel for prisoner. That is not evidence, and no way affects the present enquiry.

Court. Whether they did their duty, or whether not, that does not seem to be matter of evidence affecting the prisoner.

Counsel for crown. I do agree, the objection is certainly well grounded, what past there does not affect the prisoner; but what I observe is this, to shew that Mr. Holland takes the earliest instances to go before Mr. Fielding. The next occurrence that offers, he presents himself to give his evidence to the coroner, and he is not admitted, that is what we want it to be mentioned for.

Court. If that affected the character of Mr. Holland, in thus pursuing the matter for the sake of public justice, then the question would be whether you may not enquire into it, but now it is no evidence against the prisoner.

Counsel for prisoner. Would they insinuate to the jury, that Mr. Sutton had any hand in that at all?

Counsel for crown. I proposed my questions with a view, that if there is a doubt, it may be in favour of the prisoner; and whether the coroner did, or did not, behave properly, I gave my opinion it does not affect Mr. Sutton.

Cross Examination.

Counsel for prisoner. The stile that the lady addressed herself to you in, renders it needless to ask what you are: you are a captain?

Holland. Yes. I bear the king's commission; I am an officer in the Norfolk militia.

Q. Are you a captain?

Holland. I am not a captain, but an adjutant in the Norfolk militia.

Q. How long have you been in the army?

Holland. I have been in the army 19 years.

Q. Was you in the king's service before this?

Holland. I was.

Q. Was you ever a captain?

Holland. No, I never was.

Q. I would ask you as to this memorandum-book. Did you take memorandums of the conversation, as well as times?

Holland. No, Sir, you may see my book, they are memorandums of times and places.

Counsel. You say you took some at some distance of time, the fruit of recollection upon your pillow. Do you recollect when you took them?

Holland. I do not?

Q. Did you make any at the time?

Holland. Possibly I might some. As for the memorandums, they are so small upon that subject, I'll shew them to any gentleman; frequently when I go to bed, I recollect what has passed, and if worthy a memorandum, I do it.

Q. I would be very glad to know whether you have always; for you have been examined more than once, was you then as correct to the circumstances as you are now?

Holland. As near as I can recollect upon my oath.

Counsel. Then you told Mr. Fielding the same story as now, did you? And he sent for Elizabeth Honyball ?

Holland. He did.

Q. Did you hear her examined?

Holland. I did.

Q. How came it, that after this story, there was no warrant granted? Did you desire a warrant?

Holland. No, I did not, I did not know it was my business to desire a warrant: I wrote to the father, and thought he would have come and undertook it.

Counsel. You say you promised this lady to see her have justice done her.

Holland. I did, I was determined to do it myself, if the father did not; but I wanted the prosecution to come from the right quarter.

Counsel. The first step to be taken is to go to the justice, and get a warrant; did you ask the reason why he did not grant you one?

Holland. I never asked him for a warrant.

Q. Did you give him your account in writing?

Holland. No, but the clerk took it down; he wrote a good deal in a book. I gave him, as near as I can recollect, the story the same as I told now.

Q. Was you examined upon oath?

Holland. I was.

Q. Did you sign your examination?

Holland. I did.

Q. Then did that contain the whole narrative?

Holland. It did, as near as I could recollect then; I don't say it is the whole, but as near as I could recollect then.

Q. Had any thing been said to you, or had you made any observation to lead you to suspect she had been delirious?

Holland. No, none at all, only her making use of these expressions, of saying: She was murdered!

Q. Are you certain this was on the Saturday morning that she said, I am lost, I am murdered! Had I seen you a month ago, this had not happened!

Holland. Yes.

Counsel. When you called again on Saturday in the afternoon, you called with Mr. Moon.

Holland. Yes, I did. He is steward to my Lord Orford.

Q. Why did you carry him, is he not a stranger?

Holland. Only I had related that of seeing a young lady in distress, and he said he would go along with me.

Q. What was the motive of taking him with you?

Holland. My motive was, to hear whether the lady had any thing to say that Mr. Moon might be a witness to it. After I told Mr. Moon where I had been, it came into my thoughts to take him along with me, that I might not be by myself.

Q. Since you did, how came you not to ask the lady in the presence of him, or any one, touching what she said in the morning?

Holland. Because she looked upon him, and said, call on the morrow morning, I'll tell you something that shall surprize you; I thought the lady might find herself saint and weak. and seeing him along with me, did not chuse to relate the story to me in his presence

Q. Then there was nothing said farther than that in the afternoon, was there?

Holland. No, nothing more, only desired me to call on the morrow morning?

Q. Was Mr. Sutton's name mentioned in any part of the Saturday?

Holland. No, it was not.

Counsel. Nor any thing said relative to his ill-using Miss Bell?

Holland. No.

Q. How long was you with her on the Saturday afternoon?

Holland. About ten minutes.

Q. How long was you with her in the morning?

Holland. Pretty near half an hour.

Q. Was not she fit to hold a long conversation?

Holland. She seemed not to be desirous to enter into discourse, seeing a gentleman along with me, and I suspected she might be fatigued.

Q. On the Sunday morning you met with the nurse in the outward room, I would ask you whether you made your first observation to the nurse, or the nurse to you?

Holland. The nurse to me.

Q. Will you swear that?

Holland. That I swear to; and it was on the account of the clyster.

Q. Was that the first information you had concerning the wounds being cut on the lady?

Holland. That was the first.

Counsel. You say she had not the least appearance of a fever upon her in all the times you was with her?

Holland. No, not to me.

Counsel. She began with the account of her coming to town?

Holland. She did, and related as much as she thought proper.

Q. What time was you there on the Sunday morning?

Holland. About nine or ten o'clock.

Q. How long might you stay that time?

Holland. I believe I might stay about three quarters of an hour. But I cannot exactly say as to the time.

Counsel. No fever?

Holland. To my appearance I thought she had no fever.

Counsel. And quite sensible?

Holland. As sensible as I am now; and was so the different times I was there. The nurse and maid told me she was worse on nights.

Q. Was you told on the Sunday she was deliricus on nights?

Holland. I don't know that, it may be the Monday or the Tuesday.

Q. Did the nurse tell you she was delirious on nights?

Holland. No, she never told me so; she said she was worse on nights, and her head ran on things, one thing and another. I do not know that she mentioned the word delirious. I don't know that she understood the word.

Q. Did she talk to you so, that you understood it in that light?

Holland. I did.

Q. When did she tell you this?

Holland. I cannot recollect when. It was in the time of my going there, may be the 1st, 2d, or 3d day. I only recollect she told me she was worse on nights.

Q. What did she say was her reason for coming from Turnham-green?

Holland. She told me it was on purpose to get rid of Sir William Fowler and Mr. Sutton, as Mr. Baker she said paid a guinea a week for the lodgings.

Counsel. She complain'd, you say, they oblig'd her to drink this vast quantity of ratifea?

Holland. Yes, she did.

Q. Are you sure of the words?

Holland. I am.

Q. What did you understand by that?

Holland. I understood by that, if they did, they did not behave like gentlemen, if they did force her to drink it.

Q. What do you mean by forcing her?

Holland. By obliging a lady to drink against her will: I took it in that light, she was obliged to drink it against her will.

Q. What time did you go to Mr. Bliss's?

Holland. I went there on the Sunday morning, in the forenoon, immediately after I went from her.

Counsel. You saw the lady once or twice every day till Thursday?

Holland. I did, I was there twice on Thursday.

Q. Did you never see her delirious at all when you was there?

Holland. No, I never did; she was not the times I was along with her, that I am clear in: all the times that ever I saw her, I found her perfectly sensible, and able to give me an answer; I had different discourse with her about past occurences.

Q. I desire to know, upon your oath, whether any person was present at the time of the lady's telling you she had been ill used by Mr. Sutton?

Holland. Yes, the maid, and the nurse too were present part of the time; they were backwards and forwards.

Q. Were they present in the hearing it?

Holland. They were, the maid was present in hearing her say Sutton had cut her, I am sure of that.

Q. Whether you have always been consistent in that part of your story, or whether you have said there was nobody present?

Holland. I never declared so, I said the maid was present.

Counsel for crown. Did you, or did you nor, tell the nurse what Miss Bell had said to you?

Holland. I did not, the nurse nor nobody.

Counsel for crown. After the nurse had told you of these wounds, at any time, had you then any conversation with her of what Miss Bell had told you?

Holland. No, never in my life nor the maid neither.

Ann Knight sworn.

Ann Knight . I live at Marybone.

Q. Does your father live there?

A. Knight. He does.

Q. Did you know Ann Bell ?

Ann Knight . I did, she lodged at my father's house.

Q. Do you remember the time she came there?

Ann Knight . I do, I think that was the 15th of September; it was on a Monday.

Q. Who came with her?

Ann Knight . Only a maid, Elizabeth Honyball , came with her. The first nurse that came was only with her one night.

Q. When did the second nurse come?

A. Knight. I can't positively say when; she came I believe in about twelve days.

Q. What is her name?

A. Knight. Her name is Frances Waldgrave .

Q. Do you know a person called Captain Holland ?

A. Knight. I do.

Q. When did he come first to your house?

A. Knight. I think he first came the Saturday se'ennight before Miss Bell died: she died on a Saturday.

Q. What Saturday do you mean that Capt. Hland came there?

A. Knight. He was at our house the Saturday before she died.

Q. Did he come more than once that day?

A. Knight. I remember he came twice that day.

Q. What time did he come the first time?

A. Knight. As near as I can recollect about ten in the forenoon.

Q. Was you in the room with him and Miss Bell the first time?

A. Knight. I was not.

Q. What time of the day did he come the second time?

A. Knight. It may be about five or six o'clock, with another gentleman with him.

Q. Do you know that gentleman's name?

A. Knight. I do not recollect it.

Q. Was you in the room with them? Do you know what past?

A. Knight. I was not, so that I don't know what past.

Q. Do you remember any thing of a clyster ordered for Miss Bell?

A. Knight. I do.

Q. What day was that?

A. Knight. It was the first Saturday of Capt. Holland's coming.

Q. Was you present when the attempt was made to administer it?

A. Knight. I was not.

Q. Do you know what happened upon that?

A. Knight. I don't know but by the maid and the nurse, they could not do it.

Q. When did Capt. Holland come the next time?

A. Knight. He came on the Sunday twice.

Q. Was you in the room the Sunday morning with Mr. Holland, when he was with Miss Bell?

A. Knight. No, Sir, I was not, nor in the afternoon.

Q. Did you hear in the house any discourse?

Anne Knight . I did hear say on the Saturday they could not give the clyster.

Q. Will you tell me whether you had any discourse with Miss Bell, or did she say any thing to you concerning wounds she had received?

A. Knight. No, not till the Wednesday or Thursday before she died.

Q. Be so good as recollect, and tell us what on the Wednesday or Thursday she told you?

A. Knight. I went in, in order to give Miss Bell a draught which was sent in, and which she refused taking any more either of the maid or of the nurse, and she told me she would tell us a secret; the maid and I were present, only us, one held the candle, and the other gave it her: she said, while drinking it, Now I'll tell you a secret. Betty Honeyball said, Well, let's hear it: then she said, Mr. Sutton and I had a falling out, and Mr. Sutton pull'd out a knife, and said he had a good mind to cut my backside so that I should not sit. Sir William Fowler said, Sure you will not offer to do such a thing; and that Mr. Sutton made answer, Yes, Sir; and if Madam says another word, I will cut her face in the same manner; and he bent her fingers back as tho' he would have broke them, and they immediately turned black. She was asked if Sir William ever used her so: she said No, Sir William was a gentleman, and always behav'd as such; and she believed if it had not been for Sir William, Mr. Sutton would have kill'd her; but before she said these words, she said he cut her, and shew'd it by the back of her hand, how he struck the first blow aslant, and then pull'd the knife out, and stuck it in another place up higher, shewing with her finger on the back of her hand. She said Mr. Sutton should say, he had put it out of the doctor's power to cure her, but that he could cure her with such another job, and he would do it the next time he should see her. After all, the last words were, that she had not seen Mr. Sutton since, till that night, and now he was but at next door; and seemed a little disturbed, a little more fatigued I thought she seemed to be;

Q. Had you at any other time after this any farther discourse with this gentlewoman?

A. Knight. No, nor she was never ask'd in my hearing, only she all along said, she should not live.

Q. Which was the first time you saw her disturbed?

A. Knight. In the night time, I observ'd her, but I was not with her.

Q. What construction did you make upon the whle conversation?

A. Knight. I desired her to lie still and compose herself, for Mr. Sutton, nor no body, should come up to use her ill; and she lay quiet a full hour, upon it in dread of seeing Mr. Sutton.

Q. Had you used to be with her often?

A. Knight. I have fat by her many a time. As my hand was apt to be cold, and she was in a burning sever, she would take hold of my hand in order to cool her own.

Q. Did you judge her to be in the use of her reason, or not?

A. Knight. She knew every thing, and would talk very sensible now and then. A trifle between whiles she would seem to be a little disturbed, but knew any of us, and would call any of us by our names.

Q. Did you ever see the wounds dressed?

A. Knight. I never did till the night she was dying, I held the candle to the nurse. There was an ointment melted in a spoon, and I believe oil of turpentine dropp'd in the lint and afterwards laid on, after the somentation.

Q. What fort of wounds were they?

A. Knight. One was strait as you could lay a thread, about an inch and half long, the other was round like an issue.

Cross Examination.

Q Had Mr. Sutton been at your house at all?

A. Knight. No, I never saw him or heard of him to my knowledge.

Q. Do you apprehend he was at the next door?

A. Knight. I don't apprehend he was.

Q. What did you imagine from those words?

A. Knight. I did imagine she was out of her mind.

Q. What were her words, now I will tell you the secret?

A. Knight. Her words were, now I will tell you a secret, to Honyball and me.

Counsel. Honeyball said let's hear it?

A. Knight. Yes.

Q. Did she desire to hear it, as a matter quite new to her?

A. Knight. Yes.

Q. When was this?

A. Knight. This was the Wednesday or Thursday before she died.

Q. Repeat what Honeyball said.

A. Knight. Now then let's hear it.

Q. Had Honyball ever before told you this?

A. Knight. I heard before that, she was either cut or torn, that they could not give her the clyster.

Q. Had Honyball ever before told you this of Miss Bell, that she knew of any wounds?

A. Knight. No, she did not say she knew of any wounds before the clyster came to be given, if it had not been for that it would not have been discovered. To the best of my remembrance she used to say, she had her death wound, she should die.

Q. Did Honyball, before this Wednesday, tell you that her mistress had told her that Sutton had given her those wounds?

A. Knight. I don't know that she did.

Q. When Honyball said, well, let's hear it, Did it seem to be new to her?

A. Knight. It did.

Q. When this young woman had been at your house some time, was not her complaint a fever?

A. Knight. A very high fever.

Q. Was it a continued fever?

A. Knight. It continued all the time she was at our house; sometimes it appeared a little better, but sometimes it would be worse.

Q. At the several times when you took hold of her hand, did she appear to you to be in a violent fever?

A. Knight. Scorching hot.

Q. During the time when she was at your house, did she appear to have a fever?

A. Knight. At one time she was a good deal better.

Q. How long was she at your house?

A. Knight. She was at our house three weeks, the fever seem'd to be much abated once; but it got on very high again.

Q. Do you remember the time that captain Holland came there?

A. Knight. I do, it was the Saturday se'ennight before she died.

Q. How was her fever that day?

A. Knight. It was very high, and very bad that day; that was the day the clyster was to be administered. I went into the room to the bedside to speak to her; she lay with her eyes shut, and took any notice of no body at all; after that she was rais'd up in her bed and spoke to me, and asked me how I did; and said she was extreamly bad.

Q. Did she from Saturday after grow better or worse?

A. Knight. From that Saturday, which was just a week before she died, her fever continued very bad upon her to the best of my knowledge?

Q. Did you see her frequently?

A. Knight. I did.

Q. Did you at any time see her when you yourself could think her free from a fever.

A. Knight. No, she was better before that than after, but from that time to the time of her death, I never saw her that I could say she was free from a sever, or c old.

Counsel for crown. Do you think her sever did never leave her?

A. Knight. I don't think it ever did.

Counsel for crown. You say in the night time she would ramble and be worse?

A. Knight. They did tell me so.

Counsel for crown. Did she know you when she was raised up in the bed, and addressed herself to you, as you have mentioned? Do you apprehend she was in or out of her senses?

A Knight. In her senses, I dare say, when she spoke to me, and called me by my name.

Counsel for crown. Did you hold any conversation with her after she asked you how you did?

A. Knight. No, sir, none at all, only I said, I hoped not, when she said she was very bad, I said I hoped not, and I heartily wished her better.

Counsel for crown. Had you any other discourse with her that day?

A. Knight. No.

Counsel for crown. Had you any reason to judge that if you had pursued any conversation with her after she was raised up in the bed, she was not able to give you any reasonable answer?

A. Knight. I believe she could talk, if her spirits and strength would let her, but I did not endeavour to talk to her.

Counsel for crown. Had you any other conversation with her any other days?

A. Knight. No other ways than asking how she did.

Counsel for crown. What is your opinion, as to her understanding, upon other days?

A. Knight. My opinion is, on other days, she understood any thing, as she called me by my name, she would have answered if I had asked her any thing.

Counsel for prisoner. Did you try her to hold a conversation?

A. Knight. No.

Counsel for prisoner. Do you believe her strength would let her give a history of three quarters of an hour long?

A. Knight. I can't from any judgment of that. I should not have attempted to introduce any such conversation.

Thomas Drake sworn.

Tho Drake . I am from Aylsham in Norfolk.

Q. What are you?

Drake. I am a merchant in this city.

Q. Did you know Miss Bell?

Drake. I did in her life time, extremely well.

Q. Did you visit her in her illness at Marybone?

Drake. I did.

Q. When?

Drake. On Thursday the second of October, at the request of her mother.

Q. In what condition did you find her?

Drake. In a very low condition.

Q. Did she appear to you to be in her senses?

Drake. She appeared to me to be perfectly in her senses.

Q. Did she converse with you?

Drake. She did.

Q. Tell my Lord and the jury, what she said to you on that occasion?

Drake. When I entered the room, I asked her how she did

Q. Was any body in the room at the time?

Drake. There was no body admitted in the room but me. I had a gentleman waiting for me, but not in the room.

Q. What was the conversation?

Drake. I asked her how she did; she replied, O Sir, I am a dead woman. I then asked her if she knew me; she said yes, Mr. Drake, extremely well, and begged I would come to the bed-side. She then asked me, whether her father was come to town; I told her no; that I had received a letter from her mother; she begged I would be so good as to read that letter, which I did. She then called to the nurse, and desired to be helped up; upon my finding her very low, I said, make yourself easy, I hope you'll get the better of this. She replied, no, Sir, that is impossible, for I have received two wounds, which will be the death of me; for I am sure they will mortify. I then asked her if she knew how she came by those wounds; she replied yes, they were given her with a penknife. I then asked her, if she knew who gave her the wounds; she answered, O, yes, very well. Finding her weak, then I said, I would take my leave of her.

Q. Did she tell you who gave her those wounds?

Drake. No, she did not, and I did not ask her.

Q. From the time you went there, to the time you went away, did she appear to be in, or out of her senses?

Drake. Perfectly sensible all the while I was with her, during all the time, to the best of my knowledge.

Q. Did you see her after that?

Drake. I was going on the Saturday morning, and was informed she was dead.

Cross Examination.

Q. Do you know Capt. Holland?

Drake. I do.

Q. Had he and you any conversation about Miss Bell?

Drake. We had; I told him I had heard she was very ill; then he said, he would go and see her.

Q. Had you wrote to her mother?

Drake. I had.

Q. What was your reason for it?

Drake. Her mother wrote to me, and I gave an answer to that letter.

Q. When was the time you saw Miss Bell?

Drake. This was on Thursday, about four in the afternoon.

Q. Was Mr. Holland there at the time?

Drake. He was not.

Q. Did she appear to be in a fever?

Drake. I believe she seemed rather feverish; she complained of being very thirsty, and was extremely ill; she took something to drink.

Counsel. Then you did not think proper to ask her the material question?

Drake I did not apprehend her death was so near.

Q. When she told you she had had two wounds which would be her death how came you not to ask her if she knew how she came by them.

Drake. I had heard just before, there were two wounds.

Q. Who told you?

Drake. Mr. Bliss's servant told me there was a very odd affair.

Mr. Moon sworn.

Q. What are you?

Moon. I have the honour to be steward to my Lord Orford.

Q. Do you remember Capt. Holland being with you on the 27th of September?

Moon. I do; I believe it was on that Saturday he dined with me in Green street, and I went with him to Marybone in the evening, to see Miss Bell.

Q. Was you with him there above once?

Moon. No; I was not. I never was with him there above once when she was alive; I went once with him there after she was dead.

Q. Were any body in the room when you was there?

Moon. There was a maid, and an old nurse.

Q. Was any body else there?

Moon. I do not recollect any body else.

Q. Do you recollect what was talked of?

Moon. After talking sometime, she desired he would call the next day, she had something particular to say to him. This was after she had eat something.

Q. Did she at that time discover any reason why she chose he should call the next day?

Moon. She intimated something, that she had been used ill, but particularized no-body; she talked but very little. I imagined she was in distress, and I might be of some support to her; I took a piece of a pine in my pocket, and she eat part of it.

Q. Whether she held a great deal of discourse or little?

Moon. He did not discourse much with her, fearing it should hurt her.

Q. Could you recollect at all from her discourse, whether she was in her perfect senses, or otherwise?

Moon. Being but a short time with her, the latter part of it appeared to me so, she was her senses. But when when I came in at first, it appeared from some circumstances, that she was rather out of her senses, but I am not convinc'd she was so, because she talked very reasonble afterwards.

Q. Recollect the particular discourse that led you to think she was out of her senses?

Moon. When I was first in the room, she talked to her maid about caps and handkerchiefs in a bureau or box; I thought she was out of her senses at that time; but afterwards, from her talking, I thought I was mistaken I was served with a subpoena but a quarter after 12; so that I have but a short time to recollect what passed. She talked of some caps and handkerchiefs in a bureau or box; but it appeared to me there was no such box; afterwards I thought myself mistaken, she talked so reasonable.

Cross Examination.

Q. Did you go away with Capt. Holland?

Moon. I did.

Q. Did you confer with him about her being out of her senses?

Moon. I do not know that I did?

Q. Was he with you all the time?

Moon. He was.

Q. Do you think it was possible for any person to have been with the lady, the time you was, and not think she was out of her senses? Do you think she was perfectly cool, calm, and serene, and perfect in her senses all the while?

Moon. She was excessive calm at the latter part.

Q. Had she a sever upon her?

Moon. I cannot say she had.

Q. What were your motives for going to see her?

Moon. I had no other reason, but excited by compassion?

Q. Did Mr. Holland intimate to you, to take you, that you might be a witness of what pass'd, to be an evidence?

Moon. No never, not at that time I went there.

Mary Young Sworn .

Q. Did you know Miss Bell?

M. Young. I did.

Q. Where was your first acquaintance with her?

M. Young. I was at Haddock's bagnio; my first acquaintance with her was there at that time.

Q. Who were in company?

M. Young. Sir William Fowler , and Mr. Sutton.

Q. When?

M. Young. I do not recollect the day, I believe it was on Wednesday?

Q. What month?

M. Young. I do not remember the month.

Q. What time of the year?

M. Young. The latter part of the summer.

Q. What time of the day did you go there?

M. Young. I went in the evening, and we supped there, and staid there that night, and the next day morning, till dinner-time, and went from there to the Cardigan, and dined.

Q. Who do you speak of?

M. Young. Sir William Fowler , Mr. Sutton, Miss Bell, and myself. We supped there, and then went back again to the bagnio that night.

Counsel. This made a day and a night?

M. Young. Yes: the next day we got up and breakfasted together; and a little after that Sir William Fowler was sent for to the Cardigan, by his brother, I believe, Mr. Jones. He had been gone but a little time, and then he sent for Mr. Sutton. He got up, and was going, and Miss Bell got up, and asked for something; I believe it was money; I heard him say he would send her some after he got to Sir William. She desired I would wait a little time. I did, and after that took a chair and went home. I heard nothing of her after that for three or four days. Then I went to her lodging.

Q. How long were you there at the bagnio together, three nights, or only two?

M. Young. Only two, I believe. We dined at the Cardigan-head, I think, two days. The first day Mr. Bliss came and dined with us.

Q. Did you lie no more at the bagnio than two nights?

M. Young. No more than two nights I think,

Q. Where did you return to after the second dinner at the Cardigan-head?

M. Young. To the bagnio.

Q. Was the first nights you lay at the bagnio on a Wednesday night?

M. Young. I came in the evening to the bagnio, I believe on a Wednesday, lay there all night, and on Thursday dined at the Cardigan, and went from thence to the bagnio at night.

Counsel. That makes two nights?

M. Young. Yes.

Counsel. Now we are come to the Friday, how did you dispose of yourself on the Friday?

M. Young. I don't know; I don't know whether I dined one day, or two, at the Cardigan-head.

Q. Did you lie more than two nights, or only two nights at the bagnio?

M. Young. I think only two nights.

Q. During the time you was at the bagnio, do you know of any ill usage that Miss Bell received from any body?

M. Young. In my opinion I don't think Mr. Sutton behaved well to her, but not in beating or wounding her.

Q. Tell in what respect?

M. Young. In his behaviour to her, always speaking cross to her. I don't know of any thing else.

Q. Can you recollect any language made use of?

M. Young. I cannot.

Q. What appeared to convey that idea to you of his not behaving well to her?

M. Young. Nothing but his cool behaviour.

Q. Whose companion was Miss Bell?

M. Young. Mr. Sutton's.

Q. Who was Sir William Fowler 's companion?

M. Young. I was.

Q. Do you remember paying Miss Bell a visit at her lodgings?

M. Young. I do, it was, I believe, three or four days after I left her at the bagnio.

Q. Was the first time of your seeing her again after that when you called at her lodgings?

M. Young. Yes, that was the first time?

Q. Be so good to tell the court and the jury how you found her?

M. Young. I found her extreamly ill; she told me Mr. Sutton had used her extreamly ill, and had been the ruin of her.

Q. Did you ask her in what manner?

M. Young. No, I did not.

Q. Did you descend into any particular inquiry more than that?

M. Young. No, she told me she had wrote to Mr. Sutton, and he had sent her an answer which she took very unkind. I went and told Sir William Fowler how bad she was, and that she wanted money. He said he would either send her money, or something.

Q. At the bagnio, whether you observed any incivility between Sir William Fowler , and her?

M. Young. No, I did not; Sir William Fowler behaved in a very different manner than Mr. Sutton did.

Q. How was she for understanding when you left her at her lodgings?

M. Young. Then she was quite in her senses.

Cross Examination.

Q. Did you see any weapons or blows given, or any thing of that sort?

M. Young. I never saw him beat her, nor never saw any weapon.

Q. During the time she was there, did she drink pretty freely?

M. Young. Yes, I think she drank more than did her good; she was rather in liquor.

Q. In one particular time, or did she continue in it?

M. Young. No, it was in the evening.

Q. What was the liquor she drank?

M. Young. I believe she drank ratisea.

Q. Was she more than once overtaken with liquor, that she had drank in the evening?

M. Young. The next day, at the conclusion of the evening; she was the same each night.

Q. Was she drunk both nights?

M. Young. She was.

Q. Was she inclinable to be passionate and violent in her temper in liquor?

M. Young. No, Sir, she was frolicksome, as most drunken people are.

Q. What so far as mischief may happen - throwing knives about, and the like?

M. Young. I never saw nothing of that.

Q. Do you know any thing of her falling down stairs?

M. Young. I don't remember any thing of that.

Q. Did she make any complaint to you at the bagnio of any injury done her?

M. Young. No, she never did.

Counsel for crown. You have said during the time you was in company with this young woman at the bagnio or Cardigan-head, you did not see any personal injury done her, or heard her complain?

M. Young. No.

Counsel for crown. But did not you leave her behind you?

M. Young. I did.

Counsel for crown. Where was Mr. Sutton when you left her?

M. Young. He was gone to Sir William Fowler , at the Cardigan-head.

Court. You have said already (though you did not like Mr. Sutton's behaviour to the you ng woman) that he was cool, or negligent, or something of that kind; but you never saw him hurt her, by beating or wounding her?

M. Young. No.

Court. Did you ever hear him menace her?

M. Young. No.

Court. I think you said you heard him promise to send her money, or return to her?

M. Young. Yes.

Counsel for crown. Do you recollect the time you left the bagnio?

M. Young. I do not; I believe it was between one and two o'clock, but I do not recollect that particularly.

Counsel for prisoner. Did you ever hear Miss Bell say she saw Mr. Sutton after that?

M. Young. I never did; I never heard her talk about it after.

The Rev. Francis Boot sworn.

Counsel. You are a clergyman?

Rev. F. Boot. I am; I attended this unhappy young woman in her last illness.

Q. How long did you attend her before her death?

Rev. F. Boot. About a fortnight.

Q. How often in that fortnight?

Rev. F. Boot. Perhaps about nine or ten times.

Q. How did she appear to be in respect to her senses and understanding?

Rev. F. Boot. Sometimes she appeared quite sensible, but at other times not quite so. I observed her alternately, some days better, some worse; one day better, and the next day a great deal worse.

Q. Do you mean in point of health, or understanding?

Rev. F. Boot. Both; on the better day she appeared in her senses, I took her to be so, at other times she seemed extreamly bad, and in a tremor and confused.

Q. Was she capable, in her better days, of telling a story of herself, or recollecting and knowing what she said?

Rev. F. Boot. She appeared to me to be sensible some days.

Q. Do you think she was on some days capable of telling a story relating to herself, or not?

Rev. F. Boot. I did not perceive to the contrary of her being sensible; her answers to me seemed sensible and reasonable; her behaviour discreet and devout, very much so.

Cross Examination.

Q. Was she very weak of body?

Rev. F. Boot. She was.

Q. When might be the last time you attended her?

Rev. F. Boot. I believe the day before her death, the Friday.

Q. Whether she did not grow weaker in her body, and likewise in her mind?

Rev. F. Boot. Alternately she did; some days better, and some days worse.

Q. As you are a clergyman, and visit the sick, have not you met with people that talk reasonable, and sometimes otherwise?

Rev. F. Boot. What upon the same thing?

Counsel. Yes.

Rev. F. Boot. I cannot say as to that; sometimes she appeared to be fluttered and disordered; then I never pressed her, but left her.

Q. How long have you talk'd to her at any one time?

Rev. F. Boot. I have talked to her may be a quarter of an hour when she was well.

Q. Did she ever mention a syllable of this affair to you?

Rev. F. Boot. No, never hinted it, I never asked her about it, I talked to her about the affair I came upon, after her soul's health, I had nothing to do with any thing relative to this; she seemed to have a good and a bad day; in her good day she could talk reasonably, I don't know that she was out of her senses, she was disordered.

Counsel. I understood you that alternately she appeared to be disordered both in body and mind.

Rev. F. Boot. Yes.

Q. How were her senses the day before she died?

Rev. F. Boot. She seemed very ill, very weak and sick.

Counsel. We are asking after her understanding.

Rev. F. Boot. I observe that goes along with the body a good deal.

*** The Third 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 Wednesday the 25th, Thursday the 26th, Friday the 27th, and Saturday the 28th of FEBRUARY.

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

NUMBER III. 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.

Frances Waldgrave sworn.

Q DO you know Mr. Bliss?

Francis Waldgrave . I do, since I have been in this affair, but I never knew him before.

Q. Where did you see him?

F. Waldgrave. I saw him in the gentlewoman's chamber, Miss Bell; my daughter was the servant in the house where she lodg'd, at Mr. Knight's; they complained they wanted somebody to assist.

Q. Who complained?

F. Waldgrave Elizabeth Honyball said she could not be maid and nurse too; she grambled to the apothecary; my daughter told them her mother goes a nurse-keeping; then he said, Fetch her; and she came and fetched me.

Q. Was you brought as a nurse to attend Miss Bell at her lodgings?

F. Waldgrave. I was: when I had been there about an hour or two the apothecary came: this was on the Tuesday, she died the Saturday se'ennight following; I was twelve days with her in her life-time, and three after her death.

Q. How did you find her on the Tuesday when you came to her?

F. Waldgrave. Very bad indeed: she said, Who are you? I said, My dear, I am sent for to nurse you: do you like me?

Q. What was her illness?

F. Waldgrave. She was ill of a fever, and I attended upon her as one sick of a fever from that time. The apothecary asked me how she was in her body; the maid said she was very well; I said you tell a story, for she is very costive; sometimes she was very chearful, and said she would eat; I was forced to lyringe her throat, and got out a vast quantity of stuff not fit to be mentioned; she was worse and worse till the time of her death; she was jaw-set, and could not talk much.

Q. How did that affect her speech?

F. Waldgrave. She could not drink as other people, we were forced to hold her jaw down with a table-spoon to make it give way; then I would put victuals in her mouth, and she could swallow it.

Q. Did the apothecary order her any thing?

F. Waldgrave. He order'd a clyster to be fetch'd, but don't know whether Betty or the porter fetched it.

Q. Did you administer it?

F. Waldgrave. I and Betty went to administer it, I turn'd up the cloaths, and said, Betty, you must assist me; when I came to turn up the cloaths, I saw, close to the very rump, it is almost a shame to speak it, but we are all women and men, (I know none of them all, I never eat not drank at none of their cost, nor never will) I saw a corrupted place between the thick of the buttock. I said Betty, Lord! What is this? Lord! said she, I don't know. I said, Did you ever see that? Lord! said she, here is another: that appeared corrupted like an issue, and it being a ready-furnished lodging, they would not let her have any thing.

Q. Describe those sores.

F. Waldgrave. I wiped the corruption off with my handkerchief, then when that was wiped away it look'd like a clean cut to me, about this length. (Describing it by her finger about an inch and a half long.)

Q. Where was this wound that you now speak of?

F. Waldgrave. This was between the clifts of the buttock.

Q. In what article did that look like a cut?

F. Waldgrave. But they could not cut deep because of the bone, it was just upon the bone, or below the bone: Said Betty, Nurse, here is another on the flesh-part of it. Says I, That looks red. Bless me! says I, what is it? It look'd like a blind bile. I turned to mistress, and said, What is all this? How did you come by this? She said, I don't know nothing at all of the matter. It look'd red and angry; there was no opening of the skin at all then, but there was afterwards, and when the stuff was in there was a hole, and sore, very sore; I could not give the clyster.

Q. Describe how the second appeared.

F. Waldgrave. The skin of the blind bile appeared red, quite red, and look'd angry.

Q. Whether there was any rags of skin, or any thing that looked like an impression, upon the outward skin?

F. Waldgrave. I did not observe any at that time, but therewas a great deal afterwards, and it turned to a hole; and when there was a hole, there was nothing ragged round it; there was a round hole.

Q. Did Miss Bell cry out first, or did you first observe the wound to be so?

F. Waldgrave. No, Sir, I was going to give her it, and laid a cloth over her, to keep her warm, and she said, You hurt me.

Q. What did you hurt her with?

F. Waldgrave. I believe it was with the edge of my hand.

Q. Had Capt. Holland been there that day?

F. Waldgrave. He came almost every day.

Q. What day was it you went to give her the clyster?

F. Waldgrave. This was Saturday at noon.

Q. Do you remember the first time of his coming?

F. Waldgrave. I do; Betty brought him up stairs, he had boots on, but what day I don't know.

Q. Do you remember his coming on the Sunday morning?

F. Waldgrave. I do.

Q. How did he learn Miss Bell had any wounds?

F. Waldgrave. That I cannot tell, I never told him any thing of it.

Q. Where was you when the maid brought him up stairs?

F. Waldgrave. I was in the bed-chamber.

Q. Do you remember clearly the passages that past that Saturday and Sunday?

F. Waldgrave. I really think I can remember all.

Q. Do you remember who came into the room with Capt. Holland?

F. Waldgrave. I don't know; the maid that let him in might, but I think no-body but Capt. Holland came in; he came into the bed-chamber.

Q. Are you clear in your memory that you did not see Capt. Holland before he came into the bedchamber?

F. Waldgrave. I saw him no where but in the bed-chamber.

Q. Are you sure you held no discourse with him in the dining-room, before he came into the bed-chamber?

F. Waldgrave. No, never in my life.

Q. What reason have you for being so clear in your recollection that Capt. Holland did not hold a discourse with you in the dining-room?

F. Waldgrave. He used to come in in a civil manner, and go and fit down by the bed, and talk to her a great while: indeed on the Sunday morning he held no discourse with me, he came into the bed-chamber directly.

Q. Do you remember Mr. Moon coming?

F. Waldgrave. I do not.

Q. Was you in the room when a gentleman came with Capt. Holland on Saturday in the afternoon, when the curtains were drawn back?

F. Waldgrave. He brought two birds and another gentleman along with him; I do not know who he was: he called me out of the dining-room, and said, Take care of these birds for your mistress: I said she can hardly swallow them. He said, I tell you give it her; and the next day he made her chew some, and it fell into his hand again.

Q. Was you present at the time of the discourse between Capt. Holland and Miss Bell, when he brought those birds?

F. Waldgrave. I went into the dining-room, he bid me go, and out of good manners I did, when he said, Pray nurse withdraw.

Q. Do you or do you not remember whether you heard any of the conversation that passed?

F. Waldgrave. No indeed, I did not.

Counsel. You say she was some times chearful, and at other times was not.

F. Waldgrave. Towards night she was restless.

Q. How was she when chearful?

F. Waldgrave. When I have said I hope you'll get the better of it, she has said, Don't talk nothing melancholy: she would not let me read to her in her prayer-book: I did think sometimes she would get better, at other times she was worse, and then her eyes would stare as if she was in a convulsion.

Q. How long at a time would she sit up with you?

F. Waldgrave. Not a long time, because her speech was so bad.

Q. When she was at her best, how long would she?

F. Waldgrave. May be two or three minutes, or a quarter of an hour, or may be more.

Q. Do you know any particular time when she has talked with you in this chearful manner for a quarter of an hour?

F. Waldgrave. Yes.

Q. Whether you have overheard her give any account of these wounds at any time?

F. Waldgrave. No, Sir, only what I heard from other people. I asked her several times, and she said she knew nothing of the matter.

Q. Did you overhear her say it to any body else?

F. Waldgrave. No, indeed, Sir, I never did.

Cross Examination.

Q. When did that bile break?

F. Waldgrave. I don't know, it broke in the plaister I believe; the doctor came on the Sunday morning, and I shewed him it.

Court. You say there was corruption on the first wound you mention?

F. Waldgrave. There was.

Court. When that was wiped off, did it appear like a cut?

F. Waldgrave. It did; the other did not, that looked red and angry.

Q. Did you tell Captain Holland that you thrust the clyster-pipe up into the wound a matter of two inches?

F. Waldgrave. O! bless me! I never told him so! he never asked me!

Thomas Bliss sworn.

Thomas Bliss . I am an apothecary; I attended Miss Bell at Marybone, and at Spring gardens.

Q. Did you advise a clyster?

Bliss. I did.

Q. What was the reason it was not administered?

Bliss. On the 27th of September I visited her in the morning early, and intended to call in a physician the same day. I ordered the clyster to be ready, and when Dr. Smith visited her, it was directed to be given as soon as we were gone.

Q. Did you know the reason why it was not administered?

Bliss. I think my servant told me the nurse had said to him she had pockey-sores, and she was not able to give the clyster.

Q. When was it you heard this?

Bliss. This was at night: I suppose he returned late at night.

Q. When did you see Miss Bell after that?

Bliss. The next day I met the doctor there about noon.

Q. What was done upon this?

Bliss. I first interrogated the nurse as to the reasons of not giving the clyster; she said she could not for sores at the part. I told Dr. Smith I thought it proper she should be inspected, as the nurse thought them venereal, because she at times had complained of venereal disorders; but being in a fever, we could do nothing for it; and I told the doctor he might look at it. The doctor desired the nurse to put her in a proper position for inspection. Then the doctor and I went from the next room, and he pointed with his finger to desire I would observe them. I did observe them. I opened the sore, or chasm, or wound; call it what you will, it does not make it otherwise; and, upon opening the buttocks, there was an aperture about an inch long. I observed to the doctor, immediately as it occurred to me, it looked extreamly clean, as clean as though cut with a knife. I said it looks as clean as though cut with a knife, The doctor remarked also, that it looked very clean. About an inch from that there was a little blind bile, it might be called a little tumour, not broke, with matter in it.

Q. Describe the wound?

Bliss. It was an inch long, and deepest in the middle; and at each extream it went to a point, and nothing. It is necessary to observe, if cut with a knife, it must be cut at twice. I have considered the thing since; it is a matter of conjecture in what manner it happened, the jury must determine that. It was deepest in the middle, not through the integument, it was very shallow.

Counsel. If you'll look upon the top of this letter, you'll find it to be your own hand-writing. [He takes a letter in his hand.]

Bliss. This is a letter I wrote to Mr. Bell, her father.

Counsel. Read it.

Bliss.

"Accordingly she was inspected, so

"that she was examined; and instead of sores at

"the fundament (as the nurse pretended) we

"have found the sore at the bottom of the back,

"just in the clift, between the fundament and the

"bone, called the Os Sacrum. The fore, or

"wound, seemed about an inch and half long,

"and near half an inch deep; and near to it, but

"in the fleshy part of the buttock, was another

"fore; it was a hole not big enough to introduce

"a little finger. Upon observing the

"wounds clean, and so much like a cut made

"with a knife, the doctor and myself said, they

"looked rather cleaner than wounds, & c." - Now, Sir, you will please to observe, I tell it now as I did then, with this difference, that Mr. Chapman's deposition, before Mr. Fielding, was its being two inches long, and deeper than we described it; but those that have seen it since, will describe it as I have, for we did not properly inspect it before.

Q. When was this taken?

Bliss. This was taken the 10th of October.

Q. Whether there was, or was not, in the second place, a little hole of the dimension you have described, that you might introduce your little finger?

Bliss. It was not so big as you could introduce a large goose-quill. I think the least finger that any woman has could not be introduced into it.

Counsel.

"And made it so much like a cut with

"a knife, you did did not think it proceeded like

"a tumor." Can you inform the court whether those two places had the appearance of a cut with a knife? Had you any meaning in writing that?

Bliss. The first had the appearance of a cut with a knife, the last had not, nor did I ever think of it in that manner; neither could any man alive; and if 500 people saw it, it did not look like a cut.

Counsel. I apprehend if a knife was darted into the five weeks before, or thereabouts, that it might, by putrifying and closing at the ends, form itself into such a little hole?

Bliss. As to the first wound, I admit it looked like a cut when I first saw it; it certainly looked so, and all the world would have said so at first fight. It was deeper in the middle than at the ends; it went gradually down, and then up again. As it was in the clift, I never thought it any other, ways than I now do; that one looked like being cut with a knife, and the other not; and I don't think any one evidence can say otherwise than what I say.

Q. Did you see her on the Thursday before she died?

Bliss. I did; to the best of my recollection I attended her every day, at least once, and sometimes twice.

Q. I should be glad to know what your opinion was as to the state of her sense and understanding?

Bliss. She was I believe even ten days before she died delirious and wavering towards night, and at noon some days tolerably sensible, and some days not sensible; so that to determine what day really sensible, is not in my power; but every night she was delirious, so as not to maintain any constant story, and I think every other day she was rather worses

Counsel. Look at this letter. [He takes it in his hand.]

Bliss. This is what I wrote to her father.

Counsel. Read a part of it.

Bliss. [ He reads where directed]

"Your daughter

"is somewhat worse, and I am sorry to let

"you know she is now in the weakest stars imaginable.

"She is sensible, and much wishes to

"see some of her friends. A physician attends

"her twice a day." -

Q. What could be your meaning in this, if she was not as you mention?

Bliss. I urged the father to come up, and have his letter here. I remember this was the very day that Mr. Sutton was charged; and I the more wished Mr. Bell, or some of the family would come up to town.

Q. When was this letter dated?

Bliss. This is dated the 2d of October.

Q. Did you mean to write that she was sensible as your real opinion, or only that her father might come to town?

Bliss. There were intervals that I might take the advantage of writing in that manner, in order to induce him to come to town. Her jaws were closed, and we were obliged to syringe her mouth, I believe ten days before she died.

Q. Did not you yourself ask her by what means she received these wounds?

Bliss. I did more than once.

Q. At the time you asked her these questions, did you think her sensible?

Bliss. I did think her sensible; and when I asked her the questions, sometimes she said, she believed Mr. Sutton hurt her, or ill used her, but was not sure; that was generally her own expression and observation.

Q. Did you ever hear her say, or suggest, that any one else had hurt her?

Bliss. I never did.

Q. Upon the whole of your attendance on this young woman, let those be sores, or cut with knives; whether in the condition that they were, they did not, or might not contribute to the hastening of her death, or be the occasion of her death?

Bliss. Why Sir, from the appearance of the wounds, I could not think they had been given so long as they pretended them to have been given.

Q. Upon your oath, from the condition of those wounds or sores (you call them wounds) whether or no they might not, and did not, in your judgment, contribute to the woman's death?

Bliss. No more than an issue in the arm would, that I verily believe; had they been seen ten days before any surgeon would have cured them, they were so insignificant; if they had been applied to ten days before.

Counsel. Yet being neglected, and in the state they were when you observed them, whether in that state and condition, they did not contribute to this young woman's death.

Bliss. No ways, in no manner, did they contribute to her death; he thrush was in a dangerous condition, and that, together with the high fever and the putrefaction, without having any reference to the wounds, were the cause of her death?

Q. Did they gangrene?

Bliss. They did.

Q. If wounds gangrene, whether that circulating in the blood does not occasion a putrid fever?

Bliss. No Sir, had it been a much worse putre faction, it might have been cured by surgeons at this day. I have seen mortifications ten times worse, that have been cured. With her habit of body, a mortification would have happened there, whether she had wounds or not; that I aver; she would have mortified just where she did, and when she did, and would have died at the precise time.

Counsel. You think if the woman had not had these wounds, with the ill habit of body she was under, she would have died the very same time.

Bliss. I speak from observation and opinion; for when the thrush comes through the body, it produces such sort of symptoms there.

Cross Examination.

Q. From what time did you attend her?

Bliss. I attended her from the 11th of September.

Q. Pray who employ'd you?

Bliss. I was employ'd by Sir William Fowler , at Mrs. Parker's.

Counsel for the crown. One question more. When do you mean that Mr. Sutton was charg'd?

Bliss. I do not know whether it was not talk'd of the day the clyster was to be applied; I do not know but the doctor and I might ask her, if she knew any thing of the sores the first time we saw them on the Sunday, on the first surmises of a cut; we the more inquired into it, because we had smelt a scent in the room, and wished to account for it, but it was out of my power. I cannot tell when I heard Mr. Sutton was charg'd, but I am positive on the Thursday it was fixed upon him.

Counsel for prisoner. What were your directions from Sir William Fowler ?

Bliss. To do every thing proper and fit for a person in her condition.

Q. Did you pursue these directions?

Bliss. I did to the utmost of my capacity.

Q. How often did you visit her at Mrs. Parker's?

Bliss. I visited her daily there.

Q. Did you hear her complain at that time of having any stab from Mr. Sutton, or any body else?

Bliss. Not the least ill treatment.

Q. Is it your business to inquire the most minute circumstance, to distinguish the cause of the disorder?

Bliss. It is, and from the first I looked upon it to be inflammatory, and not in the least any cut or ill usage. I never heard her complain of any body having used her ill.

Q. What was your reason for removing her from Mrs. Parker's?

Bliss. She often begged she might be removed from thence; she said, it was a place, if she remained in one week she must die. I mentioned this to Sir William Fowler , and he gave me five guineas, with directions to pay Mrs. Parker for two weeks lodging; and I wrote to Mr. Bell her father, the situation of his daughter, and the condition she was in. Sir William expressed a kindness for her, I understood she had been an acquaintance of his.

Q. Do you know how Mr. Sutton became acquainted with her?

Bliss. I have heard Sir William Fowler first introduced Mr. Sutton to her.

Q. Did you ever hear Miss Bell speak of that?

Bliss. She spoke of Sir William as her particular friend.

Q. When did you first hear her speak of Mr. Sutton?

Bliss. Never till this charge was fixed upon him.

Q. How was she removed to Marybone?

Bliss. She was removed to Marybone in a chair, and set up in it, on Monday the fifteenth of September; the maid went in a coach and carried all her things, and I sent a letter to Mr. Knight, desiring she might be put in that apartment, and that I would see him paid.

Q. Was she removed without any injury?

Bliss. She was; I attended her there every day; the wound had never been discovered, if a clyster had not been ordered by myself; and upon the attempt of that, the discovery was made.

Q. Did you ever hear Miss Bell, or any-body about her, say, that in attempting to give the clyster, they had put the pipe up into the wound?

Bliss. I asked the nurse how she discovered it.

Q. When did you ask her?

Bliss. The next day.

Q. When you heard the clyster had been attempted to be given, and the nurse had not given it, did you call in the assistance of a doctor?

Bliss. I did, Dr. Smith, and he went with me.

Q. You say the wound, when the matter was wiped off, looked clean like a cut: do you mean it was a cut, or seemed like a cut?

Bliss. It did not carry the appearance of an old wound, as a tumor would; it seemed more like a cut with a knife.

Q. Do you mean to have it understood, it was a cut, or like a cut.

Bliss. I do not believe a cut, I rather think it might be a little bruise, which by degrees might increase every day, by lying in the posture she did?

Q. If it was a cut given so long before, as the 30th of August, whether it would not have appeared in a different manner than what you found it on the 2d of October?

Bliss. Certainly it would have been a foul sore, at least in that time.

Q. Could it not be a cut of so long standing as the 30th of August?

Bliss. I am clear it could not.

Q. Whether the doctor and you agreed in your opinion?

Bliss. The doctor said, it does look very clean, and we thought it of so little consequence, that we did not think of sending a surgeon to it till two or three days after. We did not think it necessary to have a surgeon to attend it.

Q. How was the blind bile?

Bliss. That was full of matter, the skin I think might be off then.

Q. Had not that the appearance of a bile that always begins to corrupt in the middle?

Bliss. Yes a little bile, circular, as biles commonly are, and it turned out into a hole, as biles always do, when it came to be dressed after the discharge of the matter.

Q. Did it ever enter into your head that it was a stab?

Bliss. I have thought of it a thousand times. It is impossible it should be given with a knife, by the appearance of it at that time.

Q. Did any body see it besides you?

Bliss. The surgeons and physicians saw it as well as me. We all concurred in that opinion, Those surgeons that were brought by Mr. Holland were of that opinion.

Q. Who were they?

Bliss. Mr. Wyatt and Mr. Farmer, and there is a gentleman here, nam'd Riddle, he told me it did not appear like a cut.

Q. Whether the bad state of the body did not occasion that gangrene?

Bliss. Most certainly her bad habit of body brought on the gangrene, and not the gangrence brought on the bad habit of the body; and, as I have given offence to some here *, I hope there are hospital surgeons here that will answer.

* When he aver'd she would have mortified just where she did, and when she did, and would have died at the very precise time, there was a very great hissing in court.

Counsel. Pray give it again.

Bliss. I give it as my opinion as long as I live, if I die the moment after, that she would have died of a mortification if she had not had these wounds.

Counsel for crown. You said, if there had been a bruise on that part, in time it might have form'd itself into such an appearance of a wound, as you have been giving an account of; now, sir, which of those two wounds do you mean?

Bliss. I mean the large one at the bottom of the Os Sacrum. It is a mere conjecture, if she had had either a bruise or bile there, and no bigger in size, by degrees it might have been stretch'd, by lying so long upon the part, it might have opened and stretched to the dimension we saw it. It came at each end to a point and nothing.

Counsel for crown. Would it have appeared so clean?

Bliss. It would, from my manner of mentioning it, because every day might add to the extension of it.

Counsel for crown. The nurse says she clean'd it from the corruption.

Bliss. No wound can be dry; and, I suppose, that is what the nurse refers to. I did not see it in that state.

Henry Giffard sworn.

Giffard. I never saw the deceased till I went there the night with Mr. Moody and Mr. Dibble.

Q. Where was she then?

Giffard. She was at Marybone,

Q. When was this?

Giffard. I believe it was the 2d or 3d of October, the night before she died.

Q. What did you hear her say of her illness?

Giffard. After we had been in the room some little time, she was asked by one there, to whom she ow'd the cause of her present distress. She answer'd, Sutton, Sutton. She was asked, did he wound you? - He did. I think this was the night before her death.

Q. Do you think she was sensible of what she said?

Giffard. I think she was. I can give a reason why I think she was. When we went into the room first, I believed, by her looks, and some odd words, that she might not. She was asked by Mr. Moody and Mr. Dibble, if she knew them; she said, no: the maid advised we should ask no more questions. When she recover'd, she looked at Mr. Moody, and said, I know you, your name is Moody. She look'd on Mr. Dibble, and said, I know you, your name is Dibble. She seemed concerned at seeing me; I told her the reason of my being there; she ask'd them to drink a glass of wine, and they refused it; she ask'd me also. She seemed to be wandering, but afterwards recovered herself. I think her discourse seem'd quite clear and connected; she had the questions ask'd, some twice over, and she always answered in the same words.

Cross examination.

Q. What did she talk of at your first going into the room?

Giffard. She said she was going out of town, and said, my things are getting ready, and the coach was waiting for her.

Q. How many minutes betwixt that, and saying, Sutton, Sutton?

Giffard. I believe there might be 20 minutes difference.

Q. If she was clear and concise in her discourse, w hat need to ask the question twice? Were they ask'd in the same words?

Giffard. They were not ask'd in the same words, I suppose.

Q. Did you think she understood them?

Giffard. By her answers I conceive she did.

Q. Then I would be glad to know why the question was repeated?

Giffard. That I can't say, I know I asked her but very few questions.

Q. Which was most sensible, the person that ask'd the question, in different words, twice, or she that answered in the same words twice?

Giffard. I don't know.

Q. Were the questions relative to Mr. Sutton ask'd twice over?

Giffard. That I can't say, I mean questions relative to what we went about; that is, a report had been brought that Mr. Moody and Mr. Davis * had been engaged with the gentleman that was supposed to have injured her; and he was desired that he should clear himself, and I was desired to go along with him.

* Otherwise Dibble.

Q. What sort of injury did you understand by that, before you went?

Giffard. We had heard she was injured by being cut, that was the reason we went, and we had heard Mr. Dibble was charg'd with being by at the time.

Counsel for crown. We shall rest it here.

Counsel for prisoner. Whether or no the prisoner need go into his defence?

Court. There was part of the evidence Miss Young gave, who was with them at the bagnio the whole time they were there, and when they dined; and, when they returned she left her at the bagnio in the morning; Mr. Sutton was absent and gone to Sir William Fowler, at the Cardigan's-head, can you prove where he was afterwards?

Counsel for prisoner. After the time she left the bagnio, he never saw her from that hour. I have likewise to prove, that she was after this time in perfect health and spirits.

Court. Declarations of the party are admitted to be evidence with regard to facts, how far that consists throughout with the whole evidence they have given, is another consideration; how far the jury shall think she was sensible at the time is another part of consideration; and also that of Miss Young, that was with them and saw nothing of that kind.

Counsel for prisoner. I would not have it thought I decline going into his defence, which is a very full and a very clear one; we will prove after this time Mr. Sutton did not see her, that she came to this same place on the 5th or 6th of September, called for rum, we refused to supply her with it; she went to Bartholomew-fair; we will prove that in the bed where they lay at the bagnio there were no marks of blood, or any thing at all; we will then call the physician who attended the deceased, who will satisfy the court that these fores could not at all move or contribute to her death; then we shall call other able surgeons, who will give their opinion from what the doctor and apothecary say, that they were no wounds at all.

Prisoner's defence.

I stand here accused, my lord, for a murder I am not only innocent of, but for a murder that in reality never happened.

Notwithstanding which, my lord, the most iniquitous intrigues have been artfully formed, and the most poisonous libels industriously spread, by Mr. Holland, to create an universal belief, that the unhappy Miss Bell had been murdered, and that I was her murderer.

The ears of mankind are ever open to novelty, the very suggestion of a murder forces a persuasion of its truth.

I appeal to all that are present; is there an ear that has not heard those reports? or a mind that has not been infected by their poison?

Thus, my lord, I have been most undeservedly censured without doors, tried and condemned unheard.

But, conscious of my innocence, I have, under these circumstances, chearfully flown to this court, a court ever distinguish'd for its candour, and its justice for the protection of innocence.

My acquaintance, my lord, with the unfortunate deceased was of a late date, and of a short continuance; and as to my having given her any wound, there is not in truth the least foundation for the pretence! I never received from her any provocation; the thoughts of such an horrid action never entered into my heart.

Amidst the follies of my youth, my lord, cruelty or inhumanity were never any part of my character.

On the 5th day of last September, the last day I ever saw her, the deceas'd went to Mrs. Parker's, in Spring-gardens, where she was taken ill, and from thence she was remov'd to Mrs. Knight's, at Marybone, where she continued till the time of her death.

On the 27th it seems that Mr. Holland went to see her, and to that visit I owe all my misfortunes.

Had I really been guilty of the barbarity suggested, and given her the wounds now laid to my charge, can your lordship, or the jury, conceive it possible, that the poor girl, suffering under those wounds, should never have made the least complaint till such time as she had seen Mr. Holland?

But, it may be ask'd to what motive but justice can the conduct of Mr. Holland be ascribed?

Had she really made these complaints to Mr. Holland, and Mr. Holland, from his credit of them, had immediately caused me to be apprehended for a murderer, and brought me to a public trial, innocent as I am, I should have applauded his conduct. Such a disinterested conduct could have arisen from no other motive but a real for public justice.

But how different to such a conduct was the conduct of Mr. Holland!

He has publish'd his libels; was the publication of those libels intended for public justice? After I had mov'd the court of King's-bench for an information, he obtained a warrant against me, and went to my uncle and shew'd it to him.

Does a murderer deserve such compliments? Will his waiting on my uncle be ascrib'd to his zeal to bring me to justice?

To what other motive such the conduct of Mr. Holland may be ascribed, I shall leave to the opinion of mankind to determine. I shall now call my witnesses to prove my innocence, and rely upon that, and that only, for my acquittal.

Counsel for prisoner. We will now prove Mr. Sutton never saw her after he left her at Haddock's-bagnio.

Alexander Sexton sworn.

Q. Did you know Miss Bell?

Sexton. I did.

Q. Do you remember Miss Bell, Miss Young, Sir William Fowler , and Mr. Sutton, being at Haddock's-bagnio, Charing-cross?

Sexton. I did live there, but do not now. I remember them being there, and going away on a Friday morning.

Q. Do you recollect whether the gentlemen or ladies went away first?

Sexton. That I cannot be positive of.

Q. Do you remember Mr. Sutton's returning to your bagnio after Miss Young was gone?

Sexton. No, I do not remember that he did; I seldom was out of the house the time they were there.

Q. Was there any bad behaviour in Mr. Sutton, towards Miss Bell; I find they lay there night after night?

Sexton. I never saw any bad behaviour in Mr. Sutton in my life time.

Q. What was your business?

Sexton. I was a waiter in the house.

Q. Was you there on the Thursday night, when they pretend she received the stabs?

Sexton. I was, and on the Friday morning too; they all had their suppers at our house; and on Friday they breakfasted together, I carried them brandy and milk (what they call doctors) to drink together.

Q. Explain what you mean by doctors?

Sexton. They generally, at five or six in the morning, would ring the bell for doctors.

Q. Did you hear any crying out at the time they were there of these women?

Sexton. No, I did not the least in the world.

Q. After Miss Young went away that morning, did ever Mr. Sutton come to your house to lie afterwards?

Sexton. He never lay in our house after, but came in once to ask for Sir William Fowler , he never was in Miss Bell's company after, She sent for me afterwards and said, Mr. Sutton had used her ill, I said, how; she said, you know Mr. Sutton, I have kept him company so long, and he never gave me a half-penny. She said thank God I can do without him, for I had a gentleman just row, that did not keep me company above two or three hours, and he gave me a couple of guineas.

Q. When was this?

Sexton. This was that very Friday; Mrs. Parker heard this, and said, she has my lodging to pay for.

Q. Are you certain to the day?

Sexton. This was the very day she took leave of our house.

Q. What day of the month was this?

Sexton. This was the fifth of September, the book will testify it, we keep a ledger; we enter the time going in, and coming out. They came in at ten at night, and if they have a bottle of wine, we set down wine to the fifth.

Q. Are you sure Mr. Sutton was never at your house after this parting?

Sexton. No, he never was to lie?

Q. How did Miss Bell live?

Sexton. She lived a very bad indifferent life, every moment calling for a dram; I said, my dear, you'll kill yourself; she said poison, give me poison, death I want, and death I'll have.

Q. Who did she belong to, or keep company with?

Sexton. This was a lady never belonging to Mr. Sutton, she was Sir William Fowler 's lady at first; she came to Mr. Sutton, by a quarrel with Sir William Fowler , and Mr. Sutton, between them at the bagnio; all things were agreed at the tavern before they came there; it was the gentlemen between themselves quarrelling.

Q. Did you see Miss Bell at your house afterwards?

Sexton. I did.

Q. Have you it in your book?

Sexton. No, I have not; if she had had what she asked for, I had had her in my book, but I denied her a dram.

Q. When was this?

Sexton. This was on Friday or Saturday either the fifth or sixth, I am positive, and Mrs. Parker was with her.

Q. Did she make any complaint of her being used ill?

Sexton. No, she made none in the world; she asked for a dram, and said, she should certainly die with a dram, for drams would certainly be the death of her. Mrs. Parker and she said they were going to Bartholomew-fair, and after they were gone, it was some hours before I saw them again. And after the fair was over, I saw them again, they came back again. Miss Bell told me they went into Mrs. Owen's, and Mrs. Parker said, Miss Bell had cost me, I do not know how much money. I said more bitch you to let her get in your debt.

Cross Examination.

Q. Where are you waiter?

Sexton I wait at no tavern nor bagnio whatever.

Q. What is your employment?

Sexton. I have no employment but my own.

Q. What is that?

Sexton. I keep a publick house in the Strand, the White-horse and Crown, on this side Exeter-change.

Q. Is it a tavern?

Sexton. It is not a tavern; it is an alehouse; you may call it a tavern; we sell wine, brandy, rum, and all those things.

Q. If you have your book here tell me the day of the week that those four people, Sir William Fowler , Mr. Sutton, and those two women, came to your house?

Sexton. That I cannot tell you; Sir William Fowler had company at our house, before ever he was in Miss Bell's company.

Q. How many nights did they lie there?

Sexton. I cannot tell, three or four nights, I cannot be positive which. I dare say my book will make it appear by the drams, that they lay there three nights.

Q. What quantity of drams?

Sexton. Not a great quantity, the gentlemen drank but a very few, the most of their drink was milk and water.

Q. Do you remember Elizabeth Honyball bringing any linnen for her mistress?

Sexton. No, very possible I might be up stairs at the time, there are two a-bed, and two up.

Q. Do you recollect whether Miss Young went away single, leaving Miss Bell behind her?

Sexton. I do not remember that; how they went away I cannot tell.

Q. How comes it that you are so very precise and positive in your recollection, that Mr. Sutton did not come again there?

Sexton. I am positive he came again, and asked for Sir William Fowler , but Miss Bell was not there.

Q. Did you hear of no sort of injury that she received?

Sexton. No, I heard of none at all I was so confident in her, if she had received any, she would have told me.

Q. Why so.

Sexton. For she asked me ten thousand questions about business.

Counsel for prisoner. The first day of Bartholomew-fair was on Thursday the fourth day of September.

Daniel Haviland sworn.

Haviland. I am a waiter at Haddock's bagnio, and was there when Miss Bell and Mr. Sutton came there.

Q. When did they come first?

Haviland. I cannot say when they came first, but I remember on the third of September, I cannot tell the day of the week, but I have got the book in my pocket; it was in the evening, we put them down on the third coming in, but we enter them down on the fourth in the bill to be paid; Sir William Fowler came first, and he desired me to shew him a room, I did so. He told me Mr. Sutton, Miss Young, and Miss Bell, were coming to him; soon after the other three came over to our house; he had bespoke a room; they supped, and lay there that night. Mr. Bliss came that night, he came just as supper was on table, and Sir William desired him to walk in, he came to speak with Sir William about business, and Sir William went out and talked with him, and then he desired him to come in, there were fish and fowl for supper; and during supper, Sir William Fowler got up, and said, Miss Young says, that Miss Bell looks like a whore. Miss Bell got up in some little anger, and said, Miss Young, Why do you call me names? Mr. Sutton stood behind, and Sir William was aggravating Miss Bell. That came to nothing. They lay there that night, and breakfasted there the next morning, I believe about ten or eleven o'clock.

Q. Did they dine there?

Haviland. No, they never dined there.

Q. What time might they go away?

Haviland. I believe they might go away just in the afternoon?

Q. Did they come again that night?

Haviland. I believe they did, it appears so by the book [ holding it in his hand.] They paid two shillings for glasses and chairs, that Miss Bell and Mr. Sutton came home in, they broke the glasses, - they lay there that night.

Q. Did they breakfast there on the morning on the fifth?

Haviland. They did not.

Q. Do you remember Mr. Sutton's going away?

Haviland. I do not, nor Sir William's, nor Miss Young's neither.

Q. Did you hear any noise or disturbance in the middle of the night?

Haviland. I did not, Miss Bell and Mrs. Parker came over to our house, Miss Bell lodged at Mrs. Parker's house; they said they were going to Bartholomew- fair, they came and asked for a dram, which was refused them.

Q. When did you see her afterwards?

Haviland. I never see her afterwards?

Q. Did she appear to be ill?

Haviland. She appeared to be very well I thought.

Q. Did she make no complaint at all?

Haviland. None at all.

Cross Examination.

Q. Which of them went out first?

Haviland. I cannot say who went first, or who was left behind.

Q. Do you remember any thing of any linnen being brought by Elizabeth Honyball ?

Haviland. I do not, that might have been brought, there are several servants in the house.

Q. Do you remember Mr. Sutton's being at your house after that day?

Haviland. I do not remember he ever was; but I will not be positive.

Q. Do you know of any quarrelling that there was?

Haviland. There were some words between Miss Bell and Miss Young at supper, but Mr. Sutton got up, and stopped it.

Q. to Mary Young . Is this true, that you had words at supper?

M. Young. Sir, I believe it is.

Q. Did Sir William Fowler say, you called Miss Bell whore?

M. Young. Yes he did.

Elizabeth Jones sworn.

Q. Was you at Haddock's Bagnio in the month of September last?

E. Jones. I was.

Q. Do you remember Sir William Fowler, Miss Young, Miss Bell, and Mr. Sutton being there?

E. Jones. I do.

Q. What is your employ there?

E. Jones. It is my business to make the beds.

Q. Did you make the beds every night Miss Bell lay there?

E. Jones. I did.

Q. Did you perceive any marks of blood on the ground, on the bed, or any where in the room?

E. Jones. No, I did not, nor on nothing belonging to her.

Q. Was Mr. Sutton ever there after the last time they supped together there?

E. Jones. I don't know that he was. I believe they parted on the Friday morning.

Q. Did you make that bed after the time they were there last?

E. Jones. I did; there was no appearance of blood on the bed, or ground, or any thing at all.

Cross Examination.

Q. Did Miss Bell lie there that Friday night?

E. Jones. I believe she did.

Q. Do you mean she lay there till Saturday morning?

E. Jones. The book will tell you when she lay there, I am no scholar.

Q. Did she stay at the bagnio the night after Mr. Sutton went away?

E. Jones. I cannot say that she did.

Q. What day did they go away?

E. Jones. I cannot tell.

Q. Do you remember Honyball coming there?

E. Jones. I never saw her.

Q. Did you hear of any linnen being brought there for Miss Bell?

E. Jones. I heard there was some brought, but I don't know of it.

Mary Ashmead sworn.

Q. Where do you live?

M. Ashmead. I live at Haddock's bagnio.

Q. Did you in the month of September last?

M. Ashmead. I did.

Q. Do you remember Sir William Fowler, and Mr. Sutton being there, with Miss. Young and Miss Bell?

M. Ashmead. I do.

Q. Did you ever hear any disturbance there while they were there?

M. Ashmead. No, never did.

Q. Is your business about the beds?

M. Ashmead. No, I never go among them.

Q. Do you remember seeing Miss Bell and Mrs. Parker together?

M. Ashmead. I do.

Q. Was that before, or after the time that Sir William Fowler , Mr. Sutton, and they went away?

M. Ashmead. That was after they went away; it was either on the Friday in the afternoon, or Saturday. Miss Bell came in, and asked how I did, and said she was going to Bartholomew-fair, and desired to have a dram to drink. I told her I had not the keys in my pocket, and could not let her have it, and she went away without it.

Q. Did you see her afterwards?

M. Ashmead. No, not to my knowledge.

Q. Did she appear to be in good health?

M. Ashmead. She appeared quite in perfect health, as well as ever I saw her.

Q. Did she make any complaint to you?

M. Ashmead. She never did.

Q. When she went away, after Sir William and Mr. Sutton were gone before, did she then make any complaint to you?

M. Ashmead. No, none at all.

Cross Examination.

Q. Can you tell whether it was Friday or Saturday that she went to Bartholomew-fair?

M. Ashmead. I cannot.

Q. Whether she ever lay at the bagnio after she went to Bartholomew-fair?

M. Ashmead. She never did; for if she did, most certainly I should have seen her.

Q. Do you know Elizabeth Honyball ?

M. Ashmead. I do.

Q. Do you remember her coming with clean linnen to her mistress?

M. Ashmead. I do.

Q. Do you remember her taking any away?

M. Ashmead. No, I do not; I sent the porter over for the clean linnen, and she brought it to the bar She was not admitted, we never let women in. I took the linnen, and it was carried up to Miss Bell. I am not certain whether I, or one of the other waiters, carried it up.

Q. Did Honyball take away the foul linnen at the time she brought the fresh linnen?

M. Ashmead. I am not certain of that.

Q. Did you see the foul linnen before it was carried away?

M. Ashmead. I never saw none of her foul linnen.

Q. Whether her going to Bartholomew-fair was after the time Honyball brought this linnen?

M. Ashmead. Yes, Sir.

Court. When Honyball brought the linnen, was that in the morning, or had Miss Bell gone to-bed in her foul linnen?

M. Ashmead. No, it was in the morning, she wanted it to put on.

Dr. Smith sworn.

Dr. Smith. I was the physician that attended this unfortunate lady, the deceased.

Q. When was you first called in?

Dr. Smith. On the 27th of September, about 11 or 12 o'clock, I went over with Mr. Bliss.

Counsel. You have been a physician I think many years?

Dr. Smith. I have been a physician 30 years.

Q. In what condition did you find Miss Bell?

Dr. Smith. I found her under a very dreadful fever.

Q. Was it a fever that affected her health?

Dr. Smith. The first time that I saw her, she was under the influence of a delirium; I could not obtain an answer from her, when I spoke to her. I don't mean to say that it lasted all the time.

Q. What day was this?

Dr. Smith. It was the Saturday.

Q. What other symptoms had she about her besides that?

Dr. Smith. She complained at first of pain on the left side of her face. I asked what was the reason of that. She said, She did not know; but I supposed there might be some cold, or some swelling. I desired to look at it. Her head was turned aside, and I examined the part carefully. I found a little swelling, and a very little, just near the ear. Then I ordered her to be fomented, that is, the jaw, which was done; and the next day she recovered a little the use of her jaw, and could speak more freely than before.

Q. Was she in such a condition as to be able to hold a conversation of her life?

Dr. Smith. I should esteem it impossible, she had in her mouth a very terrible thrush, a thick coat like leather, of a pale ash-colour; she could speak hardly at all. That sort of thrush is a dry sort, not at all aiding towards a recovery. It was with great difficulty she spoke at all.

Q. What did you look upon that in your judgment as a symptom of?

Dr. Smith. I was my opinion, that unless that could be carried off, she must die mortified

Q. Did you use such means as you thought would carry it off?

Dr. Smith. I did, as much as if she was my own sister.

Q. Did you make enquiry of her as physicians always do on first visiting their patients?

Dr. Smith. I did, I enquired of every thing proper for a physician to enquire into. She was in such a condition, she could not give me an account. I was obliged to take it from the bye-standers.

Q. Did you attend her on the Sunday?

Dr. Smith. I did; I had on the Saturday observed the necessity of giving her a clyster. I spoke to Mr. Bliss, as that was necessary. He made answer, he had before directed one to be brought in the evening, if the physician might think it necessary. Then on the Sunday I came between 12 and one at noon.

Q. How did you find her then?

Dr. Smith. I found her in a very ill state, but relieved in her temple by the fomentation that was used the day before.

Q. Was any thing at that time said touching that clyster that you ordered the day before? What was become of that, or what was done?

Dr. Smith. I enquired whether the clyster had been administered. They told me no, that the nurse had tried so to do, but was hindered by some sores that were found there. I then asked what the sores were. The nurse said she did not understand what they were, but she had heard the patient was venereal. Then I desired there might be a view of the body, fearing there might be some irruptions about the part of that kind, and that should render it impracticable. The lady was put in such a position that I could have an inspection of them. I was called in out of the dining-room, into the bed chamber. Mr. Bliss and I went in together. I inspected the body. I found the part that the clyster was to be applied to, in very good order: but looking with care to see what could be the occasion, I discerned an opening, which appeared to me about an inch long; it was clean, and had fresh digested matter in it. The lips of the wound (if I must call it a wound) were even; the skin seemed as even, home to the edge; so that it did not appear to me like a wound given any length of time; for if that had been the case, the lips must have been swelled a good deal, and have had an inequality, and perhaps had scabs.

Q. By a length of time do you think that wound could have been given from the 5th of September?

Dr. Smith. I could not think so.

Q. Do you think it could have been a wound of a fortnight standing?

Dr. Smith. I don't apprehend it to have been more than five or six days.

Q. What are the circumstances that lead you to think that?

Dr. Smith. They told me they had been attended with a very bad smell three or four days, the beginning of that week, and it had ceased about a day or two before I came. The sight of this opening made me conclude that it was an abscess, or an effort of nature, to relieve itself by a discharge of that kind. It appears to me to be so, and not of any violence used upon her.

Q. Is it contrary to your judgment that that should be a wound given so long a time?

Dr. Smith. It is wholly contrary to my judgment.

Q. You will now permit me to ask you as to the other sore?

Dr. Smith. When I first saw that, which was the same time I saw the other, it appeared to me like a bile. I looked at it with care, there was matter in it, but the skin was not broken to let the matter out.

Q. Whether that could be a wound; but you must excuse me, because the jury and I are not of the faculty?

Dr. Smith. Taking Mr. Bliss, at that time, to be a surgeon as well as an apothecary, I ordered it to be dressed with Linimentum Artzi. Perhaps I should have done the same thing for a wound inflicted; but I had no idea in myself that this was a wound so long ago, for the reason I have already told you.

Q. Give me leave to ask you whether it is not very usual in these sort of fevers of the inflammatory putrid kind, for nature to throw out some thing of this sort that you have been describing in this case?

Dr. Smith. In the inflammatory fever, which as the consequence is putrid after, does throw out symptoms of this kind; the thrush, and eruptions.

Q. Do you believe in your judgment that the fever was the occasion of the eruptions, or the eruptions the occasion of the fever?

Dr. Smith. The fever was certainly the occasion of the eruptions.

Counsel. Then the eruptions were not the occasion of the fever?

Dr. Smith. No.

Q. Do you believe that those eruptions moved at all towards the death of this unfortunate young lady, the deceased?

Dr. Smith. I cannot think so.

Q. Would they not rather be of service to her?

Dr. Smith. I verily think they did produce some service to her; for it was very remarkable she could the next day speak better, answer better, and in short appeared a good deal easier, and had a tolerably easy good night, and spoke better in her voice.

Q. I have no more to ask you, only whether you are of opinion that these wounds killed the woman?

Dr. Smith. I can't think that they had any influence upon her death at all.

Cross Examination.

Q. How was her speech on the Sunday?

Dr. Smith. She could hardly speak on the Sunday. She could not open her mouth to take any thing in, without the help of a spoon to hold down her jaw.

Q. How much better was she than on the Saturday?

Dr. Smith. She was better.

Q. Is not this thrush the common consequence of a gangrene?

Dr. Smith. No, that was long before the gangrene.

Q. Suppose a wound had been given on the 5th of September, do you say it could not have had that countenance on the 27th of September?

Dr. Smith. In my judgment it could not.

Q. Do you find all patients in the condition she was in, as to the state of her body, the same as she in them parts?

Dr. Smith. No, no.

Mr. Stafford Crane sworn.

Mr. Crane. I never saw the body of the deceased.

Q. Have you heard the description given of those sores? I should be glad to know your opinion, whether, according to the description given, they could in any sort contribute to this woman's death; or whether they are such things that may may be supposed possible to have been occasioned by a wound given, or whether arising from a natural cause, and what may be the consequence of them?

Mr. Crane. What the doctor has advanced is exactly my opinion, that they were rather salutary, than destructive to her: I agree entirely with the doctor.

Mr. Percival Pott sworn.

Mr. Pott. I being so very near Dr. Smith (altho' he spoke low) I heard every word distinctly he said. I think his account of the deceased is agreeable to what I have seen numberless times; and I am very confident the account he has given is strictly true.

Counsel for prisoner. I have got not less than 20 gentlemen of the first figure and fashion to give Mr. Sutton the character of a gentleman of humanity and compassion, incapable of doing the crime laid to his charge; if the jury think it material, I will call them.

Jury. We think it not material, neither need his lordship take the trouble of summing up the evidence.

Acquitted .

After which Mr. Sutton addressed the court as follows:

My Lord, I am very much obliged to you for your great candour, and justice.

His Lordship told him, The jury were his judges, and not he.

After which Mr. Sutton addressed the jury in the same words.

*** The preceding Trial is printed at large, and verbatim, as delivered by the witnesses for the crown and the prisoner, without the least alteration or abridgment in any part of it. This was thought necessary to be mentioned, for the information of the public.

98. (L) Edward Foster , was indicted for stealing one Hebrew-Bible, value 3 s. and one Bible and Common-Prayer Book, in the Spanish language, value 2 s. the property of Sarah Galindo , February 24 . ++

Sarah Galindo . I am a Jew; Mr. Andrade brought a child to school. (I teach school .) He told me he had a suspicion of a person he had seen in my yard. I went down stairs, and missed the two books mentioned in the indictment, from out of a cupboard. We stopped the prisoner, and found them both upon him.

David Andrado confirmed the prosecutrix's account.

Guilty 10 d.

[Transportation. See summary.]

99. (L) John Newport , was indicted for stealing 15 pounds weight of sugar, value 4 s. the property of John Bannister , and James Hammond , Feb. 16 . ++

Guilty .

[Transportation. See summary.]

100. (M) Abraham Buckley , was indicted for stealing one earthen-pot, value one penny; and 12 pounds weight of paint, value 2 s. the property of William Gates , Feb. 23 .~

Acq.

101. (L) Thomas Price , was indicted for stealing one half-guinea , the money of Henry Baker , Aug. 6, 1759 .~

Henry Baker . I am serjeant in the Western batalion, of the Middlesex militia . I did formerly belong to the third regiment of guards. I went down on the Windsor party, and there put a letter into the post on the 5th of August, 1759, wrote on a sheet of paper, and directed it to myself in London, intending it for my wife. I enclosed a queen Ann's half-guinea in it, and desired answer by the return of the post. Not having one, I wrote another on the 9th, on half a sheet. I had no answer to that. I got a furloe and came to London. I found she had not received either of my letters. I went to the Post-office, and could hear nothing of them. At the end of the month I returned again, and went to the Post-office a second time, but could hear nothing of them. After that I got a friend to go and see the money-book searched, but still the same. Then I gave the money up for lost. [Two letters delivered to him.]

Q. Look at these letters?

Baker. These are the two letters I wrote, and sent; one dated Sunday, August 5. the other the 9th, both my hand-writing. My wife is since dead, she died in child-bed. These miscarrying created a deal of confusion between my wife and I; she would not believe I sent any half-guinea, till the day of her death.

Mr. Potts. I belong to the Post-office. The prisoner has been a letter carrier a number of years. In the year 1759, he carried letters in that part of the town, about Knaves-acre, where these are directed.

Kendal Markant. I am inspector over the letters. The prisoner was employed under my inspection in the year 1759, and up to January 1760 Letters from the country directed to Knaves-acre, naturally fell into his hands to deliver, according to the directions of our office.

William Marsden . I am a clerk belonging to Mr. Fielding. On the day the prisoner was under examination before the justice (I don't know the day) it is about three weeks ago, I was sent to search his apartment. There was a gentleman there that had been injured by him. We found as many letters as a pillow-case would hold. In opening them before Mr. Fielding, we found one that had had a miniature picture in it. We asked the prisoner where the picture was. He said, He believed in his bureau. We went and searched, but did not find it. In searching about, by turning up the bed, we found those two letters in his chamber-pot.

The prisoner said nothing in his defence, but called Daniel Levi , Peter Mattam, John Smith , Mr. Pierce, Robert Wilson , David Wishart, John Davis , Mr. Horncastle, John Marfield , Thomas Greatbanks , William Hunter , James Warrest, William Sudbury , Samuel Richards , and David Rice , who gave him a good character.

Guilty .

102. (L) William Stevens , was indicted for stealing eight pounds and three quarters of beef, value 2 s. the property of Mary Philby , widow , February 14 . ++

Guilty .

[Transportation. See summary.]

103. (L) William Lewin , was indicted for stealing one linnen handkerchief, value 1 s. the property of William Clark , Jan. 18 . ++

William Clark . On the 18th of January, about five o'clock in the afternoon. I was walking pretty fast in Cheapside, near Foster-lane , I felt a hand at my pocket, and my handkerchief gone out, which I had in my pocket two minutes before. I turned round, and took the prisoner by the collar, and charged him with it. He said, He knew nothing of it. I searched him, but did not find it upon him, nor have I seen it since. There was no other person near me at the time, but the prisoner, at the time it went from my pocket.

Prisoner's Defence.

I am just come from sea. I was walking along, and he took hold of me, and charged me with taking his handkerchief, but I know nothing of it.

Acquitted .

104. (L) Thomas Swannock , was indicted for uttering , knowing it to be false, a counterfeit six-pence, with intention to defraud Mary Nelme , widow , February 16 . ++

Mary Nelme . I keep the Cardmakers-arms on Garlick-hill , a publick house , the prisoner came often to my house, I took two very bad six-pences, which I strongly suspected I had of him. He came again on the fast day, and offered me one very bad one, I looked at it and would not take it, then he gave me a good one. One of the other two I paid to Mr. Chapple, a tallow-chandler, who returned it to me when the prisoner was in the house. I told him I took it of him, he did not deny it, he went to change it and pulled out another bad one. There was Mr. Price in the house, he is a constable, he said, keep him till I go home for my staff, and I'll search him, we did, and when he was searched, there were three more bad pieces of money about him, two bad six-pences, the other a bad shilling, then he was delivered to the constable of the night. I know not what became of the other bad one I took.

William Chapple . I am a tallow-chandler, I deal with the prosecutrix. I received a bad fix-pence of her and returned it again on the 19th of February, the prisoner was in the house, she said, this is the man that I received it of; he did not deny it, he went to change it, and pulled out two-pence and another bad six pence. I saw him searched afterwards, and there were three bad pieces found upon him; they were two of them resembling six-pences, and one a shilling.

David Price . I am a constable. [He confirmed the other evidences, as to the bad money being found on the prisoner. Produced in court, and also the six-pence which Mr. Chapple returned. The jury look at it.]

Prisoner's defence.

They raised a riot, and kept hussling me about, one collar'd me and another collar'd me; I can't say whether they put that money in my pocket; I can't say, upon my fool, how I came by it.

Guilty .

[Imprisonment. See summary.] [Provide sureties for good behaviour. See summary.]

105. (M.) Margaret Timola , widow , was indicted for stealing one ruffled shirt, value 5 s. the property of John Matthews , Feb. 25 . ~

Ann Matthews . My husband's name is John, I was cutting out some new linnen on Wednesday evening last; the prisoner came in; I missed a new ruffled-shirt; we charg'd the prisoner with it; she was stopped, and Rose Williams took it out of her pocket

Rose Williams confirmed the above account.

Guilty, 10 d.

[Transportation. See summary.]

106. (M.) Joseph Hunter , was indicted for stealing two pieces of bar-iron, value 2 s. 6 d. the property of Benj Taylor , Feb. 18 .~

Benj Taylor . I am acoach-tire-maker , last Wednesday I saw the prisoner coming out of my shop, I went and took hold of him, and he had these two pieces of bar-iron upon him, [ produced in court ] my property.

Samuel Broadbent . I saw the prosecutor take these two pieces of iron from the prisoner at the bar, in the street near his shop. The prisoner owned the fact in my hearing.

The prisoner said nothing in his defence.

Guilty .

[Transportation. See summary.]

107. Eleanor, wife of John Boon , was indicted for stealing two towels, value 4 d. four linnen pillowbiers, value 1 s. 2 d. one dimity mantle, one muslin neckcloth, and one linnen cap , the property of James Bradock , Feb. 21 .

The prosecutor did not appear.

Acquitted .

108. (L.) Ann Munroe , widow , was indicted for stealing one iron fireshovel, value 18 d. the property of George Jenkins . ++ .

George Jenkins . I am abrass-founder , and live in Shoe lane , a neighbour call'd to me, and told me a woman had taken a fire-shovel from my door; I went after and took the prisoner with it. [Produced and deposed to.] It was hanging upon a nail at my door just before.

Hannah Allen . I saw the prisoner take the shovel from the prosecutor's window, I gave him intelligence, and he went and stopp'd her, and took the shovel from her.

Prisoner's defence.

The shovel was standing by the side of a place, and no body near it, so I took it.

Guilty, 10 d.

[Transportation. See summary.]

109. (L.) Gabriel Daniel , was indicted for stealing 24 copper halfpence , the property of Stephen Preacher and Tho Stainsbury , Feb. 18 .

Acquitted .

110. (M.) Mary May , otherwise Lee , spinster , was indicted for stealing 27 linnen caps, value 2 s. 1 gauze cap, value 1 d. 3 muslin ruffles, value 3 d. 1 gauze handkerchief, value 4 d. 2 linnen handkerchiefs, value 8 d. 2 pair of sattin gloves, value 4 d. 4 pair of thread gloves, 1 silk bonnet, one fan, and 7 pieces of ribbon , the property of Thomas Leeke , Feb. 23 .~

Acquitted .

111. (L.) Isaac Hall , otherwise Howse , was indicted for stealing one cambrick handkerchief, value 2 s. 6 d. the property of Thomas Hurnall , Esq ; Feb. 9 .~

Thomas Hurnall . Coming down Fleet-street on the 9th of February, between eight and nine o'clock in the evening, I felt something at my pocket, I turned about, the prisoner was closest of all to me on my right hand; I took him by the collar, and said, you dog, you have picked my pocket of my handkerchief. I felt and found it was gone. I said I would take him into a shop just by. Another man came up and said, what are you doing with that man? he is as honest a man as any in England; then said I I'll have you in; he soon disappeared: I took the prisoner in, then the man in the shop, William Hore , said, he saw the prisoner take my handkerchief out of my pocket. I saw it lying on the ground, it was taken up and given to me; the prisoner was dressed then like a gentleman, not as he is now; he said he was just come from sea.

William Hore . I was shutting up our shop in Fleet-street, I saw the prisoner take a white handkerchief out of the prosecutor's pocket, and I called to the prosecutor; then the prisoner drop'd it close to a post, I took it up, and delivered it either to the prosecutor or a person talking to him. [Produced and deposed to.] There was no body so near the prosecutor as the prisoner was, and I was about two yards from them.

Thomas Peirshaw . I am the constable that took the prisoner to Bridewell; he refused going along, and was within a little of making his escape from me.

Prisoner's Defence.

There were several people as near the prosecutor as I was; he searched me, and found nothing upon me. I was just come home from sea.

Guilty .

[Transportation. See summary.]

112. (M.) Isaac Robbins , was indicted for stealing four patterns for Stucco work made of plaister, value 40 s. the property of Thomas Roberts , February 18 . +

Acquitted .

113. (M.) Mary Fogarty , widow , was indicted for stealing six pounds weight of soap, value 2 s. 6 d. the property of John Cowling , February 19 . *

John Cowling. On the 19th instant I was in the city about business.

Q. What are you?

Cowling. I am a tallow-chandler and soap-maker . I came home in the evening, there were many people about my door, I found the prisoner in my shop.

Q. Did you know her before?

Cowling. She used to bring kitchen-stuff to my shop. I was informed she had taken some soap, and she had been searched, and two cakes were found upon her. The constable searched her in my presence, and found one cake of soap more upon her.

Sarah Alcock , I live with Mr. Cowling, the prisoner came to sell some kitchen-stuff, which came to 2 s. wanting a half-penny, my mistress paid her. I saw her take one piece of soap, and told my mistress of it after she was gone. My mistress called her back, and charged her with it, she delivered one piece which she had upon her. The constable was sent for, and another piece was found upon her. Then my master came home, and she was searched again, and the third piece was found upon her. [Three cakes of soap produced in court, and deposed to by the prosecutor.]

Prisoner's Defence.

I came into the shop, and sold some kitchen-stuff; my mistress reckoned it came to 2 s. 8 d. halfpenny; she gave me bad half-pence. I wanted her to change them, she said, I might make them away as well as she, and bid me go about my business. The maid said, go you strumpet you, and pushed me against the door. I took up one of the wedges of soap, and gave her a stroke cross her shoulder with it, and threw it at her; my money was in the shop, she called me back again, then they stopped me.

For the prisoner.

Morgan Farrel. I have known the prisoner about twelve months, she used to buy kitchen-stuff, she used to come to my house and have a pint of beer, I never found she wronged me.

Guilty 10 d.

[Transportation. See summary.]

114 (L.) Thomas Housewas , was indicted for stealing six bushels of coals, value 6 s. the property of Bowman Brown , February 19 . ++

Acquitted .

115. (M.) David Battie , was indicted for stealing 30 pounds weight of copper nails, value 20 s. the property of Isaac Olear and Co. February 5 .~

Robert Phipps . Mr. Olear, and Mr. Bray's. distill-house is broke up to be sold; there was a large copper, which was taken to pieces, it weighed 40 hundred weight, I had the management of the distillery. This copper was sold to Mr. Ford, a copper-smith, and he sent his men to take it to pieces, the prisoner at the bar was of one them. There was a servant, Mr. Hammond, attended in my absence, and the next day he told me of some nails being stolen; the other witness can give a farther account.

Daniel Hammond . On the 5th of February Mr. Phipps left the key of the warehouse with me.

Q. Where was this?

Hammond. At Bromley, I was to see the copper taken to pieces, it was to be taken into the warehouse, till such time as they could weigh it. I gave their foreman the key of the warehouse, and I went about half an hour after four to ask if they had done; I went into the yard and saw the prisoner coming with a bag of nails on his shoulder out of the distill-house, he was going into a place called the mill-house, he turned about, and laid the bag down, and put a stone over it, I suppose he saw me. I asked if they had carried the copper into the warehouse, they said they had; then I went to the bag and took it up, the prisoner was present. I carried it into the warehouse, there were thirty pounds of copper nails in it, some call them rivets, they appeared to be part of the copper taken to pieces.

Q. What did the prisoner say about it?

Hammond. I never heard him say any thing about it, I was not at his examination.

George Lee . On the 10th of this instant, four of us went to take this copper to pieces at Bromley; after we had done work, we were in the yard by the still-house, the prisoner came to me and said, I am afraid he'll find it out, he has kick'd the stone that lay upon it.

Q. Find what out?

Lee. That I did not know; presently he came and said, He has found it out? Still I did not ask him what he meant.

William Walker . I was one of the workmen employed to take the copper to pieces. I saw the prisoner bring the bag out of the warehouse on his shoulder, after I had just carried it in. I asked him what he was going to do with it; he muttered, and with an oath said, What was that to me? After we had left off work, and put up our tools, Daniel Hammond found it.

Q. to Hammond. Did not you see the prisoner bring the bag out of the still-house?

Hammond. To bring things from the warehouse he must come throught part of the still-house.

Several persons appeared in his behalf, who gave him a good character.

Acquitted .

116 (L) Elizabeth Deacon , spinster , was indicted for stealing one silk purse, value one penny, and nine shillings in money , the property of William Bowling , Feb. 2 .~

Elizabeth Bowling . My husband's name is William: the prisoner worked for me, I went up stairs about business, the prisoner took my purse, and nine shillings in money in it, out of a box, and went away, and I never saw her again till the Wednesday after, when I found her at the Frying-pan in Brick-lane. I asked her for my money: she said, D - n you, you can't hang me, for I did not break a lock, (I had left the box open before and after that) I took it out; I carried her before justice Fielding, there she owned she took my money, but said she had none of it left; she had seen me put it there the Saturday before.

William Gervice . I am constable, and had the prisoner in charge; I asked her how she could use her mistress so; she said she did not know, but was very sorry for it; at the justice's she said the same. The justice asked her if she had any of the money left; she said no, she had none left.

Prisoner's Defence.

She robb'd me of an apron that I was sent with to pawn.

Guilty .

[Transportation. See summary.]

117 (M) Samuel Harris , was indicted for stealing one brown gelding, value 15 l. the property of his majesty , Feb. 11 . ++

Walter Watkins . I belong to Col. Burgoyne 's regiment of dragoons, called light-horse, the 16th regiment; the prisoner entered into our regiment on the Thursday, and the Sunday following, being the eighth of February instant, he deserted. I came up to town in order to take him, and found my horse at the Windmill in St. John's street. The horse was missing when he was: he acknowledged he took the horse, with intent to make the best of his way, fearing he should be pursued, and that he brought him there in order to send him back again.

John Arnot . I belong to the same regiment; I took the prisoner as he was going up the yard at the Windmill in St. John's-street; there we found the horse that Watkins rides.

Richard Fosset . I am ostler at the Windmill-inn in St. John's-street; one Clark, a butcher at Coney, brought the horse into our yard, and desir'd me to take care of him.

Q. to Watkins. Where did your troop lay when the horse was missing?

Watkins. At Daventry in Northamptonshire.

Fosset. The butcher told me the man that belonged to him would come and give me an account what was to be done with him, and I was to give him a quartern of corn, night and morning while he said. The prisoner came, and said he should return him to Daventry. I told him if he would give me orders and money so to do, I would return him for him.

Q. Did he offer to sell the horse?

Fosset. No, he did not, nor never gave me orders to sell him,

Q. Did he tell you the horse belonged to the troop there?

Fosset. No, he did not; then the young man came, and took him.

The prisoner said nothing in his defence, but called four witnesses to his character, who all gave him a good one.

Acquitted .

118 (M) John Warner , was indicted for stealing one silver tankard, value 4 l. the property of Richard Head Watson , Jan. 29 .~

Guilty .

[Transportation. See summary.]

119 (M) John Manning , was indicted for stealing one pair of tea-tongs, value one shilling, and five gold rings, value 30 s. the property of William Davis , Jan. 28 .~

Guilty .

[Transportation. See summary.]

120 (M) Richard Norris , was indicted for stealing one silver tankard, value 7 l. and one silver pint mug, value 40 s. the property of William Robinson , in the dwelling-house of the said William , Sept. 19 . ++

Mr. Robinson and Mary Hall gave the same evidence as before, on the trial of James Hicks ; to, which trial, for want of room here, we refer our readers.

Guilty 39 s.

See the trial, No. 17, in this Mayoralty: also see No. 75 in last Sessions-paper.

Note, As Norris had not mentioned this robbery in his information and confession before the Justice, althe admitted an evidence on other trials, he was obliged to take his trial for this.

[Transportation. See summary.]

John Smith , capitally convicted in December Sessions, and John Urwin , Nicholas Campbell , and George Barber , capitally convicted in January Sessions, were executed according to their sentences on Monday the second of February.

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

Transportation for fourteen years, 1. Eleanor King .

Transportation for seven years, 24. Richard Norris , Mary Sheers , John Smithson , Elizabeth Deacon , Thomas Peirce , William Stevens , Edward Foster , John Newport , Isaac Hall. otherwise Howse, Ann Munroe , Daniel King , Jonathan Simpson , John Lewin , Ann Wallington , Clans Schlutingt, Mary Long , Ann Kelly , Matthew Kelly , Sarah Lane, Mary Fogarty , John Warner , John Manning , Margaret Timola , and Joseph Hunter .

To be whipp'd 1. Elizabeth Morris .

Thomas Swannock , to be imprisoned six months in Newgate, and at the expiration thereof to give such security as shall be approved of by the Lord Mayor, or any other Magistrate, for his good behaviour for six months more.

John Smith , capitally convicted in December Sessions, and John Urwin , Nicholas Campbell , and George Barber , capitally convicted in January Sessions, were executed according to their sentences on Monday the second of February.

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