Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 16 September 2014), December 1762 (17621208).

Old Bailey Proceedings, 8th December 1762.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Goal-Delivery FOR THE CITY of LONDON; And also the Goal-Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 8th, Thursday the 9th, Friday the 10th, Saturday the 11th, and Monday the 13th of DECEMBER.

In the Third Year of His MAJESTY's Reign. Being the First SESSION in the MAYORALTY of The Right Honourable William Beckford , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER I. for the YEAR 1762.

LONDON:

Printed for and Sold by JOHN RYALL , in Fleet-Street.

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 Honourable WILLIAM BECKFORD , Esquire, Lord Mayor of the City of London; Sir Charles Pratt . *, Knt. Lord Chief Justice of the Court of Common Pleas; Sir Richard Adams +, Knt. Baron of the Exchequer; Sir William Moreton ++, Knt. Recorder; James Eyre ~, Esquire, 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 *, +, ++, and ~, refer to the Judges before whom the Prisoner was tried.

L. London, M. Middlesex.

London Jury.

John Crocker ,

Samuel Taylor ,

John Pont ,

George Constable ,

John Buxton * ,

* Thomas Eyres was sworn in the room of John Buxton.

Joseph Adamson ,

John Amson ,

George Westerman ,

Samuel Phene ,

Joseph Hurst ,

William West ,

Thomas Underwood .

Middlesex Jury.

Timothy Carter ,

John Turvin ,

Joseph Graunt ,

William Toone ,

John Minet ,

Thomas Wane ,

James Arrow ,

Andrew Bullock ,

John Timbrey ,

John Phips ,

John Humphrys +,

+ John Lumm was sworn in the room of John Humphrys, who was taken ill.

William Brook .

1. (M.) Ann Ward , otherwise Dampier, otherwise Lindsey, otherwise Levistone, otherwise Nelson , was indicted for stealing one pair of linnen sheets, value 20 s. one pillow-case, value 1 s. one table-cloth, value 4 s. five silver tea-spoons, value 5 s. one pair of silver tea-tongs, value 1 s. one large table-spoon, value 10 s. the property of William Skryms , the same being in a certain lodging room let by contract , &c. July 26 .~

William Skryms . I live in St. James's market , The prisoner took a lodging of me, she bargained with my wife in my presence; it was ready-furnished.

Q. What was she to pay a week?

Wm Skryms . I believe she was to pay 18 s. a week it was a first floor. The things mentioned in the Indictment were part of the furnitures; she pretended, she took them for a gentleman that she resided with, one capt. Dampier. She staid in the lodging six or seven weeks; I cannot exactly tell the time when she came. I remember she gave me a note on the 22d of July, and the Monday following she went out with a pretence to get money, and never returned again. My wife can give the best account of the things.

Susanna Skryms . I am wife to the prosecutor. The prisoner took the lodging of us on the 10th of June. The things mentioned in the indictment were in the room for her use. When she went away, she took the keys of the apartment with her. I remember, she went away on a Monday, and said she would return in the evening, but did not. She not returning, we waited some time; then we broke open the door, and missed all the things mentioned in the indictment, (mentioning them by name.)

Q. Did you ever find any of your things again?

S. Skryms. We found three tea spoons in Mr. Brooks's hands in Dean-street, marked, two of them S. W. and one S. B. Part of the five I lost.

William Skryms . When the prisoner was taken, she told me Eleanor Mahoney had pawned things for her.

Eleanor Mahoney . The prisoner delivered a gown, a petticoat, three sheets, a damask table cloath, and an apron, in her own apartment, to carry to pawn for her. I did, and brought her the money. I pawned them to Mr. Watson in Coventry-court by the Hay-market.

Prisoner. I sent all these things by that woman, but Mrs. Skryms knew of it, but her husband did not. I was to get them home unknown to him.

Q. to S. Skryms. If you imprudently have let the prisoner send these things to pawn, you must tell the truth. What say you to it?

S. Skryms. It is all false. I never pawned a thing, or gave a thing to be pawned to any one, in my life.

James Brooks . I am a pawnbroker, and live in James-street by the Hay-market. The prisoner at the bar brought 3 tea spoons to me on the 16th of June, and pledged them in the name of Levistone. Two were marked S. W. the other S. B. (produced and deposed to.)

Jer. Watson. I am a pawnbroker, and live in Coventry-court. (He produced 3 sheets, a table cloth, a pair of tea tongs and 2 tea spoons.) These were brought by Mahoney to my house. (Deposed to by the prosecutor's wife.)

Timothy Dwyre . A woman came from the prisoner and wanted one Timothy, a chairman. I said, there was none but me. I went to her lodging. The prisoner desired me to go of a message for her. She sent me with 2 large spoons one time, and a watch another time, which I did. I pawned them at Mr. Watson's, and delivered the money to her.

Watson. They were pawned at my house, (producing them.)

S. Skryms. Only one of these spoons was let to her with the lodgings. They are our property.

Prisoner's Defence.

She let me send them, and I was to get them again as soon as I could. But I know nothing of the watch: I never know they had a watch.

Guilty .

She was a second time indicted by the names for stealing one linnen gown, val. 1 one stuff gown, called a sack, val. 1 s one large silver spoon, val. 1 s. one Pinchbook val. 30 s. one steel chain, val. 3 s. one seal and one silver stock buckle, val. 1 s. the property of William Skryms , in the dwelling house of the said William , July 26.

William Skryms . I know no more than the things that were found at the pawnbroker's, my property, that is, the 2 large silver spoons and the metale watch.

Timothy Dwyre . The prisoner employed me to go on errands for her. I can only say, as before she sent me to pawn the 2 spoons and watch.

Q. Where did she deliver them to you?

Dwyre. In the prosecutor's passage within the house.

Q. Did she tell you where to pawn them?

Dwyre. No. I was to go and get as much as I could upon them. I carried them to Mr. Watson's, and pawned them, and gave her the money. When the other things were missing, I went and informed the prosecutor of them.

Q. What did you get on the spoons and watch?

Dwyre. I had 9 s. a piece on the spoons, and a guinea on the watch.

William Dwyre . Last summer the prisoner sent for my partner, the last witness; he was not in the way. (We are chairmen.) Then she sent again for me; I went; I went without my coat; she desired me to send for my coat, or it would not do; I did; then she desired me to go to Mr. Watson's to carry a gown to redeem a large table spoon that lay for 9 s. I went and brought the spoon, as she desired, and left the gown.

Eleanor Mahoney . I washed for the prisoner; she sent me with a stuff gown to pawn for her. I thought it had been her own. I pawned it at Mr. Watson's. (The gown produced by Mr. Watson, and deposed to by the prosecutor's wife.)

Q. Where did she deliver the gown to you?

E. Mahoney. In her own apartment.

Watson. This is the watch that was pawned by Dwyre; (holding it in his hand) this was brought the 22d of July.

Prosecutor. That watch is my property.

Watson. This sack and petticoat were brought by Mahoney. (Produced in court, and deposed to by the prosecutor's wife.)

W. Dwyre. I pawned a gown to Mr. Brooks for the prisoner.

James Brooks . This it. (producing in court.) William Dwyre brought it on the 24th of July. It was pawned in the name of Levistone; he brought a note with it he said from her.

S. Skryms. That is my property.

Q. Where were these two gowns taken from, and the watch?

S. Skryms. One of them was left in a drawer in the dining room, which room she had the use of. I was going to remove it. She said I need not, she had no occasion for that drawer at present. The watch was in a parlour behind the shop, and one of the large spoons was taken out of a cupboard in the same parlour, and the other gown was missing from off the horse, as it hung to dry in the kitchen. All these things were taken away unknown to me.

Prisoner's Defence.

How could I look for this watch when I did not know that she had one: As to the gown being sent to fetch home the spoon, it was on this account, she had been drinking, and said her husband would miss the spoon, so bid me take that gown and carry it to fetch home the spoon; I remember she had veal that day for dinner: It is very odd I should be called by all these names: I took the lodgings by the name I always went by.

Mrs. Skryms. She took the house by the name of Wade, and after she was there a person came and asked for Mrs. Lindsey; she came down stairs, and said that was her name. She went sometimes by the name of Levistone, and sometimes by the name of Nelson.

Guilty 39 s. T .

2. (L.) Elizabeth Bradford , widow , was indicted for stealing one quilted stuff petticoat, value 7 s. one linnen bed-gown, value 1 s. and one box-iron, value 12 d. the property of Mary Legerwood , widow , December 1 . +

Mary Legerwood . I live in Shoe-lane . I was taken very ill in February last, I took the prisoner in to take care of me for a month, and I have had her ever since with me out of charity, till taken up by a constable, having lost the things mentioned in the indictment, out of my room; we lived and lay together in one bed; I can't tell the very day they were missing, it was one afternoon when I was out, about five weeks ago; the first thing I missed was my petticoat, I would make her tell me where it was; all I could get out of her was, it is safe, and when the other things were missing, that was all the answer I could get of her, till she was taken up, upon the account of some things belonging to Mr. Hughes; this was about a fortnight after I missed mine; then I insisted again to know where my things were gone, and she wrote a paper for me to go to Mr. Bruin's on Snow-hill, and there I might find them pawn'd; I went, and found them. (Produced in court and deposed to.)

Q. Did you hear her say she pawned them there?

M. Legerwood. I did, and stood by her while she wrote this paper.

It is read to this purport.

"SIR,

"Be pleased to deliver to Mrs. Legerwood a

"petticoat, box-iron, and bed-gown, which lie

"in my name for 7 shillings.

Eliz. Bradford."

John Jones . I am an apprentice to Mr. Bruin. I know the prisoner by her coming to my master's shop as a customer; she brought these things here produced to our shop, and pawn'd them in the name of Elizabeth Bradford , for 7 shillings.

William Boddington . I am a constable; while the prisoner was in Bridewell, I went with a search-warrant to Mr. Bruin's, and the things were produced.

Prisoner's Defence.

She gave me liberty to pawn these things.

Prosecutrix. Indeed I never did.

Guilty .

[Transportation. See summary.]

3. (M.) William Lutwitch , was indicted, for stealing one silver watch, value 3 l. the property of Thomas Gregg , July 18 . +

Thomas Gregg , I live in Barnaby-street; I was at St. James's on the 18th of July; I was in the crowd seeing part of the royal family coming out of the coach; the prisoner stood close to me by my side, and another man, seeming to be of his company, stood behind him; the prisoner push'd against me, and catch'd hold of the string of my watch with his right-hand.

Q. How do you know that?

Gregg. I felt a pull at it, I look'd down and saw his hand at my fobb, he took out my watch and put his hands behind him, and took it with his left-hand from his right-hand, and put it into his left-hand waistcoat pocket, then he turn'd about and was geting out of the crowd, I follow'd him: in about a minute or two after he had got it, Mr. Henry Watkinson said to me, Have you lost any thing? I said, Yes, I had lost my watch. He said, I saw this man take it, and laid hold of the prisoner, and said, Where is the watch you took from the gentleman? The prisoner said, What watch, and took it out of his waistcoat pocket: Mr. Watkins took it from him and delivered it to me. Produced in court, and deposed to.

Q. Had he gone far from the place where you say you lost it?

Gregg. No, he had not got out of the court-yard, but was moved a little way from the spot.

Prisoner's Defence.

My father and I are braziers, there are none in England but us in the same branch; I had no need to go a pilfering for my living; that is all I have to say.

Guilty . T .

4. (M.) Paul Lewis was indicted, for that he, on the king's highway, on Mary Brook did make an assault, puting her in corporal fear and danger of her life, and violently taking from her per person to shillings, in money numbered, her property , August 3 . +.

Mary Brook . On the 3d of August I was in the Worcester stage-coach, going from London; just on this side Shepherd's-bush , between 11 and 12 at night, a man came on horse-back, he past the coach, and came towards London, then he turned back and came up to us with a pistol in his hand; and robbed us, and then rode off towards London.

Q. Was it moon-light or dark?

M. Brook. It was a moon-light night.

Q. How was he dress'd?

M. Brook. He had a blue great coat on; he put his pistol into the coach, and said, give me your money directly - make haste, and do not let me use worse means; he was a middle-size man, with his hair tied behind, and dark eyes; I cannot tell directly how much money I gave him, I know it was more than 10 shillings; it was loose, not in a purse.

Q. Did he come on that side you sat on, or the other?

M. Brook. He came on the opposite side to me; there were three passengers in the coach besides me.

Q. Can you describe the colour of his horse?

M. Brook. It was a dark colour'd horse.

Q. Look at the prisoner at the bar; do you know him?

M. Brook. I cannot positively sware that is the man; he had a very small white hand.

Q. Do you believe he is the man?

M. Brook. I don't know.

Q. from prisoner. How long have you known Denton the attorney for the prosecution?

M. Brook. I have known him about 2 months.

Q. Did you know him before this robbery?

M. Brook. No, I did not.

Q. from prisoner. Has he not persuaded you to sware to the identity of my person?

M. Brook. No, he has not; he bid me keep a clear conscience.

Q. from prisoner. Did he not bid you sware to me?

M. Brook. No, he did not.

Q. from prisoner. Whether he did not lay me out in a very bad light to you?

M. Brook. No, never.

Q. From prisoner. Whether you think now I am the person by my voice?

M. Brook. I cannot swear any thing to his voice, he spoke in a pretty manner enough when he robb'd us.

John Uncle . I drove the coach, I saw the man before he came up to the coach.

Q. Was it light or dark?

Uncle. It was moon-shine.

Q. Can you say any thing as to the person?

Uncle. I cannot swear that this is the man, it was very much such a sort of a person.

Q. Was his face covered?

Uncle. No; I know a man robb'd the coach between 11 and 12 o'clock, near Shepherd's-bush.

Q. Do you think the prisoner is the man?

Uncle. When they bid me look another way, we do not look much at them.

Q. What colour was the horse he rode on?

Uncle. It is a hard matter to tell the colour of a horse by moon-light; it was of a dark collour.

Samuel Clark . I am the constable that took the prisoner up, about the 6th or 7th of August; it was on a Friday night: Sir John Fielding had an information there was a horse left at an inn in Tyburn-road; he thought it might belong to the man that robb'd the Worcester coach: We were inform'd the man was to be found at the Blue Lion in Gray's-inn passage: When we came there, the prisoner came in: We laid hold of him; he said, What do you want with me? We told him, it was about a horse left in Tyburn-road. He made answer, No, I suppose it is for robbing the Worcester stage, or Worcester machine, I suppose. We searched him, and found a little key he had in his pocket. He had lodged there some little time. Then we went up and searched his box; there was nothing there. The next morning we went and searched the box again, and found a purse with three bullets in it.

Q. from prisoner. Whether you are not a hired constable, one that takes money for being constable?

Clark. I am.

Q. from prisoner. Whether or not you are not a Whitefieldite constable?

Clark. I do not know what you mean.

Q. from prisoner. Upon your oath, did I mention the Worcester stage coach?

Clark. Yes you did; and he said, If I had been guilty it should not be three such men as I that should take him.

Q. from prisoner. Whether Marspen and you did not say, if I would give you 20 guineas, you would let me go?

Clark. No, there was no such thing mentioned.

Q. from prisoner. Are you not a thief-catcher, Sir?

Clark. No, I never took a thief in my life.

Robert Cockerton . On Tuesday night, the 3d of August, a quarter after 12 at night, a gentleman came on horseback into the inn yard, at the George in Tyburn-road, as I was driving my coach into the yard.

Q. What are you?

Cockerton. I am a hackney coachman. The Gentleman desired I would take his horse in, he stood just behind my hind wheel; he said he would give me a shilling, if I would take him in. I said I could in no wise do it. He still desired I would. So I did take him in. He dismounted by the coach side, and turned his horse loose into the yard, and flung this great coat upon the door of my coach, and went away. I never saw his face. (The coat produced in court.)

Q. Was the horse warm, as if he had been rode hard, or not?

Cockerton. I did not feel of him.

Q. What sort of a horse was he?

Cockerton. He was a brown horse with a switch tail. He was there till the Monday following, when Mr. Pettifer took him away. He is master of the yard; I drive for him.

Q. Do you know who the horse belongs to?

Prisoner. The man is here that owns him. I acknowledge myself to be the man that put up the horse there. Pray. Friend, had I not a silver laced hat on, and a silver laced coat.

Cockerton. I can say nothing to that; I never looked at the man; he flung his coat on the coach door, and away he went.

Thomas Pettifer . The prisoner came and asked me if I had not a horse that was left there the other night? I said Yes. This was on the Friday about 6 in the evening. He said what sort of a horse? I said a dark horse with one eye; I asked him if he had left any thing else? he said Yes, a great coat he had left with my man who drove the coach; he said he would go and get his boots and cloaths on, and come again; but he never came back for his horse; I saw no more of him till before Justice Fielding.

Q. from the prisoner. Whether when I was there, I had not those cloaths on I have now?

Pettifer. I am pretty sure he had.

Q. from the prisoner. Did not you hear I was taken up that night?

Pettifer. Yes I did. I heard he was taken about 12 o'Clock.

Michael Weston . I live in Blackman-street, Southwark. The horse is my property; Mr. Fielding's people came to let me know where he was; I went, and found him to be the same horse that I had let to the prisoner at the bar on the 22d of July.

Q. How long did you let him for?

Weston. I let him for two days, and the prisoner paid me for the two days before he went out.

Q. Did he say he should return the next day?

Weston. He did.

Q. Where did he say he was going?

Weston. He said he was going to Dulwich; I never saw the horse till I found him at Mr. Pettifer's house.

Q. How was the prisoner dressed when he hired the horse?

Weston. I cannot particularly remember that; I think he had a laced hat on.

Q. from the prisoner. Do not you know one Captain Rowlt ?

Weston. I knew him no farther, than seeing him with the prisoner when they rode out together. Mr. Rowlt had hired a horse of me before he recommended the prisoner to me.

Q. from the prisoner. Did I not tell you I was not sure I should return the next Day; and if I staid longer I would pay you?

Weston. I do not remember that.

Q. to the prisoner. Look at this great coat here produced. Do you know it?

Prosecutrix. No I do not; the coat the man had on, was a dark looking coat.

Prisoner's Defence.

My case is something hard and singular. I have laid in prison 20 weeks. Last sessions I was admitted to bail, and my father being a clergyman and desiring I should not come to an ignominious death, thought proper to keep me here till he can send me to sea. [He was continued in gaol for a debt.] I lay some time in New Prison for all the coachmen that had been robbed to look at me, and was marched up to the Blakeney's head by Mr. Fielding, backwards and forwards, with thousands of people to look at me. My father is worth 500 l. a year. I have lately had above a 100 guineas of him. I was at Stanmore with a young woman that I courted at that time, I did not chuse to subpoena her, as my friends did not chuse I should have her. I met a Gentleman at Marybone that night; I asked him what time it was? he said about 4 minutes before 4 o'clock. I came through the turnpike, and missed my road, and came into Oxford-road again, and put my horse up. I made no resistance to my box being searched. My character has been very much scandalized on this unhappy affair. The attorney came with my prosecutrix to New Prison, and got out of me all he could, and then pointed me out to the woman, and Justice Fielding's people took 6 d. a piece for showing of me, as I walked up and down Bow-street. I had a Commission which was taken away, and I have nothing now to trust to, but my seamanship. Please to call Mr. Allen.

For the prisoner.

William Allen . I live in Princes-street, Red-lion-square.

Q. What are you?

Allen. I am a brushmaker. I have known the prisoner a great while; I never saw any thing by him, but that of an honest just young man; I have received money divers times from his father for him.

Q. from the prisoner. Whether Cavinhaugh has not gone by, and said, There lives a highwayman?

Allen. Yes, he has, and he has said, The brushmaker is as bad as he.

Prisoner. This man can prove, my father is worth above 500 l. a year, and I have had a great deal of money of him; I had no need to go upon the highway.

Anthony Thacker . I live at the Blue Lion, Gray's Inn passage. I have known the prisoner but a very little time. He has come with another customer of mine; he always behaved extremely well. He was at my house about two nights as a lodger; but I cannot recollect the nights; it was about 3 or 4 days before he was taken up.

Q. How long have you known him?

Thacker. It may be 6 weeks or 2 months.

Q. from the prisoner. Whether I spent my money extravagantly?

Thacker. I can't say he did.

Acquitted .

5. (M.) Joseph Derbin was indicted for stealing four cloth coats, value 6 l. three cloth waistcoats, value 20 s. one flannel waistcoat, value 7 s. one velvet waistcoat, value 10 s. one pair of velvet breeches, value 5 s. and one cloaths brush, value 1 s. the property of Robert Whike , in the dwelling house of Robert Bogie , Aug. 7 . +

Robert Whike . I did lodge in St. Martin's Lane , at the house of Robert Bogie when the robbery was committed; I went out about nine in the morning on the 7th of Aug. and when I returned about half an hour after ten in the evening, I missed the things mentioned in the indictment.

Q. Did you lock your door when you went out?

Whike. I did.

Q. Did the prisoner live in the house?

Whike. No, I never saw him before he was taken up. This being on the Saturday, I advertised them on the Monday. I heard nothing of them till the 11th of Nov. then I saw an advertisement in the paper of a gentleman that had been robbed in Cannon Street, and for people that had been robbed, to apply to the house of the prisoner, there being a great many goods found in his possession: I went there, it was in Denmark Street, Radcliffe-highway, he was then in custody, there I found one of my suits of cloaths, two waistcoats, and a cloaths brush, (produced in Court and deposed to.) I charged the prisoner with taking them, but he denied it.

John Graiden . I am constable, I had a search warrant to go to search the prisoner's house on the 11th of Nov.

Q. Where do you live?

Graiden. I live in Radcliff-highway; I had several warrants came before that; I knew the prisoner resided there; he was at this time in custody; I was at the finding these things there, which the prosecutor has sworn to.

Elizabeth Bogie . I made Mr. Whike's bed at five o'clock the afternoon the things were missing.

Q. Did you see the cloaths and brush there?

E. Bogie. I did not take notice of them then, after I had done I lock'd the door, and went down.

Q. How did you find the door when you went up?

E. Bogie. I found it lock'd, and I left it so.

Q. Do you know the prisoner?

E. Bogie. I never saw him to my knowledge before to day.

Prisoner's Defence.

I am innocent of the affair; I know nothing of the charge exhibited against me. I am a person who deals in household goods; I bought these things; I never saw no more of them that what are here now.

Acquitted .

(M.) He was a second time indicted for stealing one linnen gown, value 10 s. one muslin apron, value 3 s. one linnen apron, value 6 d. one pair of linnen sleeves, value 2 s. one linnen napkin, value 6 d. three silver tea spoons, value 5 s. one pair of silver buckles, value 7 s. one lawn ruffle, two linnen caps, one muslin handkerchief, and four muslin caps , the property of Elizabeth Jennings , widow . Oct. 17 . +

Elizabeth Jennings . I live in Bedford-court, Covent-garden ; I lost these things mentioned in the indictment, (mentioning them all by name,) about the 17th or 18th of Oct. It was on a Sunday afternoon from out of my lodgings. I went out that day, just as Covent-garden church began that afternoon, and I returned just as it was over. All the things were in the room when I went out; I lock'd the door, and took the key with me.

Q. What room is yours?

E. Jennings. It is a two pair of stairs room.

Q. Are there any other lodgers in the house?

E. Jennings. There are two other people in the house; I went upon the advertisement to look over the goods in the prisoner's house. There I found a handkerchief, the odd ruffle, a muslin cap, and other caps, my property.

Q. Did you know the prisoner before?

E. Jennings. I never saw him in my life till after I lost the things.

Prisoner. I imagine from her discourse them stairs were free for any body to go up.

James Cockburn . I was put into the prisoner's house by order of Sir John Fielding . I know these things were found in that house, (producing the goods mentioned by the prosecutrix to be found there,) depos'd to by the prosecutrix.

Prisoner's Defence.

I am innocent of the affair. I am a dealer, and have been for three or four years. Rosemary-lane is next a-kin to a market. I thought it was as f ree a place for me to lay out my money, as it was for other persons. I have been represented in the news papers, as such a bad man, that my friends thought me entirely lost; thinking that must be true which every body said. So I have no body to give me a character.

Acquitted .

(M.) He was a third time indicted for stealing one camblet gown, value 10 s. two pair of muslin ruffles, value 5 s. one muslin handkerchief, value 2 s. one pair of linnen sleeves, value 1 s. three linnen sheets, value 6 s. and one china mug, value 2 s. the property of Jane Stopforth , spinster , Sept. 7 . ~

Jane Stopforth . I live in Round-court, St. Martin's-lane . Those things were all taken from a one pair of stairs backwards, my property. I had left the key in the door, and gone down into a shop, and in the mean time they were taken away; this was on the 7th of Sept. About six weeks after, a particular acquaintance told me there was a china mug at the house of the prisoner; I went and found my mug there which I had lost, (producing one) this is it.

Mary Selby . I saw the prisoner at the bar go up to the prosecutrix's door, up two pair of stairs, about twelve o'clock that very day the things were missing. I live in the same house; I was coming out of my own room at the same time; I went down, and did not stay above a quarter of an hour, but I was going up again, and met him coming down the stairs again.

Q. Had he any thing with him?

M. Selby. No, he had not then.

Q. Are you sure it was the Prisoner?

M. Selby. I am, after that I went out of an errand, and met him again, coming down a court called Thackham's-court, with a white bag folded or roll'd up under his arm. I might stay at the chandler's shop about five minutes; by that time St. Martin's clock struck two; I was about going up stairs, and saw him again up about seven stairs; he came down with a long white bag, in his hand, full of things; I call'd to the people in the shop below to know if they knew any thing of that man; they said, what man? I said, that man with a bag in his hand. He then turn'd and look'd at me; then he went towards Round-court, and I never saw him after till before Justice Fielding.

Q. How far was he off when you shew'd him to the people?

Selby. By the time they were got out of the shop he was got ten yards or more; he threw the bag over his shoulder and walked on.

Q. Who were the people in the shop you call'd to?

Selby. They were only women.

Q. Did you pursue him?

Selby. No, we did not; I had no notion of his being a thief, he was so well dressed; I ran up to see if any thing was lost, and when I came down he was quite gone. I went to Sir John Fielding's, when the prisoner was there, and told him the same I have now. I am certain the prisoner is the man, I saw him four times that day.

Prisoner. I have got another mug here, the fellow to that mug: I buy and sell china, but I have not that here.

Q. to prosecutrix. Are you certain this china mug is yours?

Prosecutrix. I am. I know it by a spot near the edge: it is a new mug.

Prisoner's Defence.

I have used that mug above a hundred times; it is possible a chip or mark may be upon another as well as on her mug; that mug I bought and paid for honestly, and have a quantity by me, I dealt in china these two years last past.

Guilty . T .

(L.) He was a fourth time indicted, for that he, on the 17th of October, about the hour of three in the afternoon, the dwelling-house of William Lewis did break and enter, no person being therein, and stealing one flowered cotton gown, value 16 s. two dimity bed-gowns, value 3 s. one cotton bed-gown, two linnen aprons, two pieces purple and white cotton, one striped linnen apron, one cheque apron, two table-cloaths, one sheet, one shirt, two shifts, two handkerchiefs, one pillowbier, two diaper clouts, twelve small pieces of linnen cloath, one stripe linnen waistcoat, one black sattin capuchine, one pair of woman's shoes, one pair of worsted stockings, one pair of cotton stockings, one pair of scissars, one deal box with mettle pocket-pieces, buckles and buttons in it, and 7 s. and 10 d. numbered, the property of the said William, in his dwelling-house . ~. At the request of the prisoner the witnesses were examined apart.

William Lewis . I live in Bell-court, Cannon-street, near Abb-church-lane; I have three rooms, part of a house there; the doors come all out into one entry.

Q. How many tenements is the house divided into?

Lewis. Into three or four; it is a large house. On Sunday the 17th of October, I was invited to dine with a mistress that I have done business for a great many years; we lock'd up our doors very safe about half an hour after 12, and I and my wife went out.

Q. Were any body left in the house?

Lewis. There were other people in the house below stairs; my rooms are all upon the second floor; we return'd in the evening about 6 o'clock; I opened the door of the kitchen, and went in and struck a light; my wife went to go into the best room to undress herself; she call'd to and said the door was open; our three room doors come separate into the passage; we found our drawers, which had been lock'd were empty, very possible the room door might be open'd with a false key; but the drawers were broke open, the wood-work of them were cut away with a chissel or knife: I set the things down that we missed, and had them advertised the next day, there were a flower'd cotton gown, an apron of the same, two white dimity bed-gowns, a purple and white bed-gown, three white aprons, one cheque apron, two table cloaths, one sheet, one shirt cut out for making, one shift cut out; one Irish linnen apron, two handkerchiefs, one pillowbier, two diaper clouts, twelve small pieces of linnen cloath, six small pieces of purple and white cotton, one striped linnen waistcoat, one black sattin capuchine, a pair of woman's shoes, a pair of worsted stockings, a pair of white cotton stockings, a pair of scissars, a deal box with mettle pocket-pieces, buckles and buttons in it, a king William and queen Mary's half-crown, and 5 s. and 4 d. in other money. Mr. Francis happened to see the advertisement at the coffee-house, he came to me and said, I understand you have been robbed: I said I had; he said, as he past the end of our court last Sunday, he saw a man that he knew to be a rogue lurking about; he knowing the prisoner had been in custody in the new-goal, Southwark, went with me to Mr. Strange the turnkey, and described the prisoner, and said it was a man tried at Croydon, for stealing a watch in the parish of Christ-church, Surry. Mr. Strange took the book, and said that was Jos. Derbin, and that he often came to a little house near St. George's church. I then went and got a warrant from Sir Charles Asgill , and had it back'd by justice Dawson in the Borough, and left it with Mr. Strange, and that day three weeks the prisoner was taken; the next morning I went to his house with a search-warrant, and found some small pieces of silver money, part of the 5 s. and 4 d. and a of mettle chain silver'd over, and a small silver stopper to a smelling-bottle: these we found in a chest that was lock'd, we found some other things that my wife can give the best account of. (Produced in Court) I know this piece of chain and silver stopper are my property. I had had them some years.

Prisoner. I have got the smelling bottle that that stopper belongs to producing one.

Q. Was there any bottle to the stopper, when it was taken away?

Prosecutor. No; there was not.

His Lordship tried the bottle and stopper together: the hole appeared a great deal too big for the stopper. The bottle return'd to the Prisoner again.

John Francis . I remember seeing the prisoner at the bar near the prosecutor's house on the 17th of Oct, near three in the afternoon; he stood idling about as if he did not care which way to go; I said to my friend with me, I know that man to be a very bad man; upon reading the advertisement two days after, I call'd upon the prosecutor, and told him my suspicion, and that he might be found out by inquiring at the New-Goal, by which means he was taken up.

Q. Was you present before Justice Fielding when the prisoner was examined?

Francis. I was there, the prosecutor swore to these things he has here; the prisoner denied the fact.

Q. from prisoner. How near Bell-court did you see me, or which way did I direct my course?

Francis. He came down to the corner of Abchurch-lane, and directed his course across Cannon-street. When I first saw him, he was within three-doors of Bell-court, he was loitering about.

Q. from prisoner. I should be glad to know what you mean by loitering about?

Francis. He came down at an easy pace, and when he came to the corner, he turn'd about and look'd round him, divers times, in such a careless manner, which I call loitering.

John Graiden produced some ribbons, a pair of buckles, a piece of cotton, and a chip box.

Prosecutor. This chip box is a very remarkable one, with writing on the lid. This is the box my buckles, buttons, and other small things, were in; when we came to the prisoner's house his child was playing with this box.

Eliz. Lewis. I am wife to the prosecutor; all these things produced are my property (She takes a piece of flower'd cotton in her hand.) This is part of the same piece of my gown I have on. I know these buckles to be mine. I mentioned the tongue of one coming through before I saw them; they are mourning buckles. Here are two topknots, a breast knot, and an odd piece of ribbon. I know them to be mine, these small pieces of silver money, I have no doubt but they are mine; the piece of chain and bottle stopper are mine; here is a handkerchief that we found in the prisoner's drawer is mine; here is our eyelet hole for a mark on it. (The jury inspects the box.)

John Graiden . I am beadle of the parish of St. George, Middlesex: I assisted in the searching the prisoner's house on the 8th of Nov. I open'd the chest in the back chamber, where I found the things produced.

Mary Cooper . I live in the same house where the prosecutor does. I was standing at the door, when such a sized man as the prisoner came. Just before sermon was done, a little after three o'clock that Sunday; he came by me with a large bundle from above stairs; it was in a strip'd cotton handkerchief: I said nothing to him; I saw only one side of his check, he turn'd his back to me and went by me,

Q. Had you heard any noise above before that?

M. Cooper. No, I had not; I live below stairs.

Q. How was that man drest?

M. Cooper. He was in a blue surtout coat.

Q. to Francis. How was the prisoner drest when you saw him?

Francis. He was in a blue surtout coat.

Prisoner's Defence.

This is a malicious prosecution: they propos'd to me to make up the affair, and said it would be chargeable, and attended with bad consequences: I said I was a stranger to it, and could give them no answer; I am as innocent as any person in court. My child has a coat of the same as she swears to, it has been in wear some time; I dare say there is more printed of that pattern than she ever saw; I bought the bottle and stopper, and bit of chain with other goods; they go by the character of trinkets. I have dealt with most of the principal auctioneers in town for such goods. Some of that small money I have had 14 or 16 years; there is one piece was given to my child at the birth, about four years ago. My friends said I was got into the hands of such bad people, they were foath to come into court, but their wills was good. This is done for nothing but the reward in case they can get it.

(The Jury desired to see the bottle to try the stopper in it, but the Prisoner refused letting them see it.

Guilty.

Guilty of Felony only . T .

( See him tried before, No. 93. in Sir Mathew Blackiston 's mayoralty, and No. 159. in Sir Samuel Fludyer 's. He was also convicted at Croydon assizes, and branded, Aug. 3, 1761, for stealing a silver watch, the property of Thomas Hooper , of Christ-Church, Surrey.)

(L.) 6. Stephen Blamyer , was indicted for stealing three wicker baskets, value 3 s. and 170 pounds weight of butter, value 3 l. the property of Joseph Brook , Nov, 11 . +

Joseph Brook . I live at the Three Nunns Inn, Aldgate High-street , I am book-keeper there; the Chipping Ongar waggon was robb'd in our yard of some butter on the 11th of Nov. at night. I have got 14 dozen and two pounds of it again. I have not yet got the particulars from the country of what was lost yet. I believe there more lost.

Q. How was the butter packed?

Brook. It was in batts or baskets. Every master of a stage that keeps a book-keeper, sends with it a bill of lading; when such comes into the inn yard, it is in my custody, and I am answerable for it.

Q. What time was it first missing?

Brook. I believe it was about 3 quarters after 6 in the morning of the 12th, when I first got up. Part of the waggon was unloaded.

Q. How do you know there was butter came up in the waggon?

Brook. I know that by the bill of lading. There were butter from 10 dairys came up, which goes to different places and markets. There is also a bill of the contents put into each basket to the person to whom the butter is sent. On the 13th the hostler seing the prisoner with his cart in the street, came and told me, he thought that man must have the butter, he having been in our yard the evening the butter was lost. I went and took him up; he said he lived in the Flying horse yard, Hackney. I went to inquire his character, and found he had got a quantity of butter. The mark on the end I could not see, for it had been what is called broke down. Soon after a man came to me, and said, the prisoner had confessed the robbery.

Q. Did you hear him confess it?

Brook. No, I did not.

Thomas Box . I live at the Three Nuns in White chapel. I heard on the 12th in the morning of this butter being stolen; on the 13th the prisoner was apprehended, and on the 14th I went to Hackney with the prosecutor, where we found some butter.

John Sutliffe . I am ostler at the Three Nuns. On the 11th of Nov. about half an hour after 6 the prisoner came into our yard with a little cart, and desired to feed his horse with half a peck of oats; I put him up and fed him; he turned his cart about; I then did not perceive any thing in it. About half an hour after 8 he went out; then I perceived there were baskets in it.

Q. Can you be sure there were no baskets in it at coming in?

Sutliffe. To the best of my knowledge, I did not see any.

Q. Can you take upon you to say, there was nothing in the cart?

Sutliffe. No, I cannot.

Q. What sort of baskets were they you saw in the cart at going out?

Sutliffe. I cannot say.

Q. At the time he was in the yard, where was the Chippingongar waggon?

Sutliffe. That came into the yard in the time he was feeding his horse.

Q. What was that waggon loaded with?

Sutliffe. That was loaded with live calves; but the hind part of the waggon had butter baskets and other luggage, some of which we were obliged to take out to get the calves out. On the 12th in the morning these baskets of bu tter was missing; on the 13th I met the prisoner coming along Leadenhall-street with the same horse and cart; when he came near our gate, we took him into custody; he was charged with robbing the Chippingongar waggon; he denied it.

Q. Did you ever hear him confess it?

Sutliffe. No, I never did.

William Griffin . On the 13th, about 9 or 10 o'clock, the hostler at the Three Nuns came to my house, and delivered a paper to me; there was wrote on it, Stephen Blamyer in trouble. The hostler said, he was detained on suspicion of stealing some butter, and desired I would go to him; I went, and found him in a room with about 8 or 10 people. I asked him, what he sent for me for? Some of the gentlemen told me, he was suspected of robbing a waggon of butter; they urged him pretty much to confess; he said, Gentlemen, if I am innocent, you would not have me confess? they said, by no means. One of the gentlemen said to me, if I was to go into a private room with the prisoner, perhaps he would speak to me. He and I went into a private room; I urged it pretty much to him, and said, it might go much the better with him; thinking by that meant it might be made up. Upon that he said, he had got it, that was all he said.

Q. What did he mean by got it? What was you talking about?

Griffin. We were then talking about butter taken out of the Chippingongar waggon?

Q. Did he say where it was?

Griffin. No, he did not.

Q. Can you take upon you, upon your oath, to say, he meant the butter?

Griffin. I understood he meant the butter; I had heard the particulars mentioned before, so that I thought it needless to mention it again.

Q. Was there any quantity mentioned?

Griffin. No, there was not.

Prisoner's Defence.

I was charged with stealing some butter. I desired they would take me to the place where it was taken from. I went in, and said, I knew nothing of stealing of it. They asked me, if I was in the inn that night? I said I was, and staid there I believe till 8 o'clock. I went in to get me a pint of beer; when I had drank it, I went about my business to Houndsditch, to meet my friend that wanted to go home along with me. He did not meet me. I came back, and had another pint of beer, and ordered my horse to be got ready to go home. I carry goods home for a great many people. When I came home I perceived baskets in my cart, which I suspected somebody had put in it, to be left in town. I took them out; there were no marks upon them. I did not know from whom they came, or whose they were. I said to my wife, I would leave them till somebody pleased to call for them.

For the prisoner.

Thomas Owen . I have known him almost 5 years, I never heard a miss word of him in all that time. He was a weaver, but now he follows that of a higgler.

Elizabeth Smith . I have known him from an infant; I never heard any thing of him but that of a sober honest man; I always looked upon him as such.

Joseph Reed . I have known him about 7 years; I never knew any thing but honesty by him.

Sarah Archer . I have known him about 3 years; he is a very honest man, as far as I know.

Acquitted .

7. (M.) Henry Renshaw was indicted for stealing 3 copper pots, val. 3 s. 2 copper stew pans with 2 covers, val. 2 s. the property of our sovereign Lord the king , Nov. 13 . +

Jos Reed . I live in Tylers-street Carnaby-market, am an ironmonger and brazier. The prisoner brought to me these 3 copper pots and 2 stew pans and covers on the 13th of Nov. (produced in court) He said, he wanted to dispose of them. I asked him what he asked a pound? he said 3 d. a pound; (to be sure they are worth 9 d. a pound) I bid him call again on the Monday, and I would talk further about it. He said, he kept a house in George-street, Hanover-square; I took that and his name down, upon observing them, after he was gone, the king's mark upon them. Then I went to the King's brazier, and let him know of them; He went and acquainted the King's cook of the affair, who came to my house and saw them, and said, they were the property of his Majesty. The prisoner after this came, expecting the money for them. I sent for a constable, and took him before Justice Fielding.

George Harris . I am master scowerer, (he looks at the things) these are the property of his Majesty. They were in his Majesty's store-room I know, in the month of July last.

Daniel Filpot . I am master cook to his Majesty. These are his Majesty's property, I ordered them to be put by in the store-room. I had not seen them from the time I ordered them to be put by; we never missed them till the 15th of Nov.

Q. How long ago is it since they were put in to the store-room?

Filpot. It is about six months ago.

John Kempshire . The prisoner was at work at the palace at St: James's on the Saturday that these things were carried to Mr. Reed in Nov. He is a carpenter. On the Monday the men were call'd over; he was there in the morning, but not at the time they were call'd over.

Q. Where was he at work on the Saturday?

Kempshire. He was laying some floors in the larder.

Q. to Filpot. How far is the larder from the store-room?

Filpot. There is only the kitchen parts them.

Q. Were these things new?

Filpot. They had been in use; they were brought from Kensington.

Q. Do you not change or sell the old stores?

Filpot. The old stores are chang'd away; but there had been none chang'd away between the time these were put by, and the time of missing them.

Prisoners defence.

I was coming along the passage, having been doing a little bit of a jobb in the old scullery, and in the dusk of the evening I saw some body come out of the old kitchen with something on his head, he turn'd into the Park, I followed him, and saw he did not come back, I thought he did not come well by them; I seeing there two parcels where he had them, I went and took one parcel and left the other behind, the door was wide open.

Guilty . T .

8. (M.) John Morris was indicted for stealing nine gold laced hats, value 20 s. each, the property of diverse persons to the Jury unknown, being in a certain ship called the Cecily , on the navigable river Thames , Nov. 21 . +

Samul Williamson. I am second mate of the Cecily, which is going to the Havannah. On the 21st of Nov. I was taking in some goods on the forecastle, there were four hands down below to take them away as they were struck down.

Q. Where did the ship lie?

Williamson. She lay at Shadwell on this side the water. About five o'clock the people having done work, I called them up out of the hold, I lock'd the main hatches down, and went to secure the fore-hatches. I went down to see if all things were secure; I saw, by the light of the candle, some pieces of paper lying about; I looked farther, and saw a box broke open, which had some gold laced hats in it, and many were taken away. I came up and informed the chief mate of it; we desired all hands might be called to muster, to see if any of the people were gone on shore; we missed three of the men that had been down in the hold at that time; the prisoner and Michael Burch were two of them, the other was the evidence Lawson. I had seen the prisoner come up, but did not take notice whether he had any thing with him. We went to the house of John Carson , and told him what had happened, and that we were informed the people were in his house; one of them made his escape. I went and got a warrant, and took the prisoner at the bar. The chief mate and Mr. Carson came down stairs and brought two hats, which they said they found put up the chimney; we found two more stuffed down into a vessel of corn up stairs, (four gold laced hats produced in Court) these are they, they were taken from on board our ship. The prisoner said, if we would let him alone, there should be nothing lost, but every thing returned; but he never would tell where the rest of the goods were. He also confessed, there were four of them concerned; and that each of them had two hats; he mentioned himself, Bunch, Lawson, and another man, I do not know his name, he got away.

John Carson . Morris and Michael Burch were lodgers with me at that time; there were four gold laced hats found in my house, how they came there I do not know. They were both at my house the time they were found.

Nicholas Lawson . I was at work on board the Cecily; I knew nothing at all about it. I don't know whether there were any hats on board or no; I know the prisoner and Burch were below, but I did not see them do any thing to the boxes where the hats were.

Williamson. This evidence said, before the Justice, he had sworn allegiance to them, and they did not care to tell tales of one another.

Court to Lawson. You are sworn to speak the truth.

Lawson. There was something put into my bosom I do not know what it was, nor who put it there.

Q. Did not they charge you with stealing some hats?

Lawson. No, please your Honour.

Thomas Raising . I am an officer. I saw two hats found in the house of Mr Carson. Morris said, Burch shewed him two hats, and asked him, what the value of them was; and Morris said, he did not know their value.

Prisoner's defence.

On Saturday the 20th of Nov. I was at work on board the Cecily, all hands were ordered to dinner between one and two, Michael Burch came and asked me to go on shore and drink part of a pot of beer; he carried me into a private house. He went up stairs, and I staid below; he desired I would come up to him; he opened a large chest and took out two gold laced hats, and asked me, what they were worth; I asked him whose they were; he said, they were a friend's of his, which he had to dispose of. He put them in the chest again, and we came down together.

He called Mr. Harris, who had known him from an infant, William Williamson for twenty years, and John Paste fourteen years, all which gave him the character of an honest man.

Acquitted .

9. (M.) Eleanor Giddens , spinster , was indicted for stealing one linnen sheet, value 1 s. the property of Mary Jones , widow , Dec. 2 . +

Elizabeth Tilson . Mrs. Jones keeps a lodging-house in James's-street, Covent-Garden . I live with her. The prisoner lay there on the 2d of Dec. after she came down at eleven in the morning, she was desired to walk into a room, while my fellow-servant went up as usual to see if any thing was missing; there was a sheet missing on the same floor where she lay, and it was found under her gown wrapt about her.

Margaret Carey , another servant in the house, deposed to the same purpose.

Prisoner's defence.

I was nursing a woman in Clerkenwell. A gentleman insisted upon my going to drink with him; after which I was ashamed to go home; he decoyed me into this house, and insisted upon my lying there all night along with him; the people detained me there the next day, and wanted me to live there; what they lay to my charge I am innocent of.

For the prisoner.

James Edey . I have known the prisoner about a year; she lives in the back-part of my house, in Clerkenwell; I never heard but she always behaved well.

Q. to Tilson. Did you know the prisoner before this?

Tilson. I never saw her in my life before she came down stairs that morning.

Carey answered the same.

Q. to Tilson. Was there a man with her at your house?

Tilson. The man was gone when we found the sheet upon her.

Q. to Carey. Was there a man lay with her in your house?

Carey. I do not know whether there was or not.

Acquitted .

10. (M.) John Kennick , was indicted for stealing one silver table-spoon, value 5 s. the property of Thomas Baker , November 24 . ++.

Thomas Baker . I am a victualler ; I live at the corner of Fetherstone-street, Bunhill-row ; the prisoner came to my house and called for a private room; he ordered a mug of home-brew'd ale, then he called for a sheet of paper and a pen and ink; there were three table-spoons in a closet in the room, which had no lock to it, it fastened with a button; he was quite a stranger to me; I observ'd him, as he could not see me, I saw him go twice to the closet and open it, and the third time he took out one of the spoons and put it in his right-hand coat pocket, and fastened the door with the button; then he came to the door, and said, Landlord give me change, and gave me a shilling; I went to the closet and found one of the spoons was gone; the prisoner went to make his escape without his change; I stept to him and said, Sir, you have not got your change; said he, it does not signify, I'll call again: I took him by the coat, and said, You have got one of my silver spoons in your pocket; he took it out of his pocket and put it down, and went down on his knees and begg'd I would not prosecute him, and said he would leave his coat and waistcoat behind him, if I would let him go about his business: I sent for a constable and secured him.

[The Constable deposed to the Prisoner's acknowledging he had taken the spoon.]

Prisoner's defence.

I had been in Spittle-fields, and wanted to write a letter; I went to Mr. Baker's house, he desired me to walk into the parlour; I did, and called for a tankard of beer; there were some crumbs of bread in the beer, the closet happen'd to be a-jar, I open'd it, there were four silver spoons, I took one of them in order to take the crumbs out of the beer, I laid it down on the table, I had it in my hand when I called Mr. Baker to give me change.

Q. to prosecutor. Are you sure he had not the spoon open in his hand?

Prosecutor. He had concealed it in his pocket, and had the door in his hand; and when I mentioned it, I saw him take it out of his pocket.

Guilty . T .

11. (M.) Sarah, wife of Gregory Meers , otherwise Sarah, wife of Gerrat Meers , was indicted for stealing 5 silver tea-spoons, value 12 s. and one pair of silver tea-tongs, value 9 s. the property of Robert Hanks , Nov. 30 . ~.

Robert Hanks , I live in Virginia-street, Numb. 24, Ratcliff-high-way ; on Tuesday night, the last of November, my wife came on board to me, and went on shore again; after that she return'd to me again, and said our room door was broke open; I went home, we missed 5 silver tea spoons, a pair of tea tongs, a pair of silver paste buckles, and a blue silk gown; I got a search-warrant to search the prisoner's house; I lodge in her house; we began at the bottom and searched to the top, we found these 5 spoons and tongs in her garret, lock'd up in a deal box, the prisoner had the key of it; first she took a wrong key that would not open it, then she took out another key, then it opened easy; then she clap'd her hands together, and said, You'll swear my life away.

Cross Examination.

Q. Was the garret door lock'd?

Hanks. No, it was not, it was a lumber room.

Q. What did she say about the spoons before the justice?

Hanks. She said somebody put them there.

Q. How long had you lived in this house?

Hanks. Three months the 15th of last month.

Q. Is not the prisoner a house-keeper that lives in credit and reputation?

Hanks. She is a house-keeper, I don't know but she does in reputation.

Q. Had there been any disputes between your wife and she?

Hanks. There were some disputes several times.

Q. Did she not put your wife into Doctor's Commons for calling her whore?

Hanks. I don't know. I know there was a letter come?

Q. Upon your oath, did she not threaten your wife to put her in the Commons?

Hanks. She did threaten my wife for abusing her. We never lived in peace and quietness since we have been in the house.

Q. Did you never threaten to have the prisoner in goal before it was long?

Hanks. No.

Q. What are you?

Hanks. I am mate of a ship.

Q. In what part of the box did you find the spoons?

Hanks. As high as I can remember, about the middle part of it.

Q. Did you observe a mark set on the box, as if made with a chissel, or some instrument?

Hanks. I do not know of any such thing.

Q. Were those words you mention the prisoner said, said to your wife.

Hanks. No; I suppose that was said to the young woman who lives with the prisoner.

Q. Had that young woman made any charge against her?

Hanks. No; but as soon as she said it, the girl fell a crying, and she turn'd from the girl when she spoke.

Q. Whether you did not say to Mary Isley your chairwoman, that you would have the prisoner in a strong hold before the Monday.

Hanks. No; I did not say any such thing.

Jane Hanks . I lay on board with my husband, and returned home on the 31st of Dec. about seven in the morning. I went to put the key into my door, and the door came open. I had left it lock'd over night; I believe the lock had been pick'd with a nail, as one was found on the floor by the door; I examined, and found I had lost things, among them were five silver tea spoons, and a pair of tea tongs, I had seen them about a quarter of an hour before I went out; then I went on board the ship and told my husband; the prisoner was at home at the time I missed them, my husband came on shore, and went to the justice, and got a search warrant; there was no reason to suspect any body but she. We began the search first in the parlour. We went on and search'd all the rooms regularly. When we came to the garret, the constable found the spoons and tongs. At first she took a wrong key, and scrupled opening the box. The constable insisted on having the box open'd; upon these words she put her hand into her pocket and took out a single key, and open'd it directly. There lay the spoons and tongs.

Cross Examination.

Q. Do you know in what part of the box they lay.

J. Hanks. I did not look into the box, but before the lid of the box was open, she turn'd about to the other side of the room, and said, you bitch, you'l swear my life away; the constable desired us to take notice of these words.

Q. Had there been disputes between you and the prisoner?

J. Hanks. No disputes, only words.

Q. Do you know she was to put you in the Commons.

J. Hanks. I never heard she was, I never heard her say such a thing.

Q. Did you never hear your husband say, he had heard her say, she would put you in the Commons for words you had said?

J. Hanks. No, I never did; I never heard any thing of that till since she was taken up.

Q. What rooms had you in that house?

J. Hanks. We had one room, up one pair of stairs, and a garret over head.

Q. Where did capt. Burton lodge?

J. Hanks. He lodg'd in a room equal to mine.

Q. Was there a lock on the garret door, where the spoons were found?

J. Hanks. I do not know whether there was or not; it always appear'd to be shut.

Q. When you came home from on board where did you go?

J. Hanks. I went into my own room where I lie.

Q. Was that the only room you went into?

J. Hanks. When I missed the spoons, I went into the garret.

Q. Did you go there to see for the spoons?

J. Hanks. No; I was sure they were in the one pair of stairs room when I went out.

Q. What was your business in the garret.

J. Hanks. To know what else I had lost.

Q. How long was you in the garret?

J. Hanks. Not above 10 or 13 minutes.

Q. Had you ever been in the garret in which the spoons were found?

J. Hanks. Never but once, then I had liberty to hang my cloaths there.

Q. What did you lose there?

J. Hanks. A pair of buckles set in silver, a blue silk gown, and a piece of cheque.

Q. Were those words the prisoner spoke, spoke to you?

J. Hanks. I do not know who it was spoke to.

Q. Were you not then upon ill terms?

J. Hanks. No; We had had a quarrel; she would not allow people that come to our room the privilege of coming up and down.

Q. When the spoons were found did you immediately go away?

J. Hanks. Yes; that was the last box we opened.

Q. Was any thing taken out in order to look for the spoons?

J. Hanks. I did not see the inside of the box.

Q. to R. Hanks. Was the box emptied before you finished the search?

R. Hanks. No.

Q. Why did you not search to the bottom in order to find the other things?

R. Hanks. Because the box was not big enough in appearance to contain the gown.

Q. You might have look'd farther for the buckles?

R. Hanks. The things were not all taken out.

Q. Where was your gown taken from?

R. Hanks. That was in a trunk in the garret, and the buckles in a drawer in the same room.

Joseph Constable . I am constable, I was applied to by Mr. Hanks to search the prisoner's house last Wednesday evening, they said they had lost 20 yards of linnen curtain cloth, a pair of paste buckles set in silver, five tea spoons, and a pair of tongs. We began the search in the fore room on the first floor; then the back room; then we went to the garret; the prisoner was with us; when she open'd the last chest we found five tea spoons, and a pair of tea tongs, (produced in court tied up together in a piece of cloth, with both ends to be seen.) There was something lay upon the corner of them.

Q. Was the box full of linnen?

Constable. I don't think it was a quarter full, the prisoner unlock'd the box, and took them out herself, there was nothing in it but rags and chings, it was captain Burton's box.

Cross Examination.

Q. Could you see the spoons as soon as the box was open?

Constable. We might see part of the spoons at opening it.

Q. to Mrs. Hanks. Look at that piece of linnen, wrapt about the spoons.

Mrs. Hanks. That belongs to me.

Mary Barnaby . I was with them at the search; first the ground floor, then the one pair of stairs, and then the garret. When the prisoner opened the box, she took the key, and turn'd round, and said to her servant, you'l swear my life away. To the best of my knowledge this was before the box was opened.

Prisoner's Defence.

I don't know any thing how the spoons came there; when Mrs. Hanks came home that morning, she went up into the garret; my girl said she was going to make a fire; she heard something snap in the garret. She believed she was breaking of sticks. He came down and said nothing to me, and went out and return'd between twelve and one with the constable. They went up stairs, and said nothing to me. Presently they came all down together, and said, they had lost some things, and must have a search. I opened every place. When we came to the chest, Mr. Hanks said, this is the chest, if there is any thing. I opened the chest; there lay the spoons at one end of it. He said, O Lord, these are my spoons. I turned to Mrs. Hanks, and said, you jade, that did this, will not scruple swearing any body's life away. Then they took me before Justice Scott.

For the prisoner.

Mary Isley . I have known Mrs. Meers a great while; she bears a very good character; I was chairwoman there; I remember a dispute between Mrs. Hanks and she; it was a fortnight ago last Saturday. I was by, Mrs. Hanks sent for me up into her room, and wanted some stuff which I have for a cough; (this was at night) she began to mention some words Mrs. Meers and she had had before. She called Mrs. Meers worse than that of a common woman; said, she had had a bastard child, and used her very ill. Mr. Hanks and his wife too threatened Mrs. Meers; they said, they would do for her by Monday; this was on the Saturday, before the tea spoons were lost. There were many words past; they said, they would confine her before she was much older; this was when they were scolding. Mrs. Meers was below and Mrs. Hanks above, she in bed, and he walking up and down the room. They said, they would bring 5 people to prove Mrs. Meers had had a bastard child; and Mrs. Hanks said, she knew more law, than any body about the other, and she would give Mrs. Meers a guinea to swear falsely, and me another if I would swear false for her.

Q. What was this upon?

Mary Isley . Mrs. Meers intended to take out a citation for Mrs. Hanks upon the account of the quarrel.

Eleanor Hutchinson . I am between 14 and 15 years of age. I live with Mrs. Meers. Mrs. Hanks came into the house that morning from on board a ship between 7 and 8; she went up stairs into her own room, and then into the garret. We heard her go up; but I don't know which garret she went into. When in the garret, I heard some sticks crack. I thought she was going to light a fire. I went in and told my mistress, that Mrs. Hanks was going to light her fire. (A large deal box produced in court.) I saw the tea spoons lying within about 4 inches off the end of the box upon the other things, when the lid was open. This is Captain Burton's box.

Q. Was there any lock upon the garret door where this box was?

E. Hutchinson. No, there was not. When the box was opened, my mistress turned about to Mrs. Hanks, and said, you jade, if you can do these things, you will swear my life away. Mr. Hart went to try if he could get the spoons into the box when it was looked on the Wednesday night; and either Mr. Hanks or one of the headboroughs took it out of his hand, and said, you shall not have them, that is not the right way. I heard Mr. Hanks threaten my mistress on the Saturday night before, ( when they had some words about a fishwoman) that he would bind her in a faster place before a month was at an end.

Captain Burton. On the 25th of Nov. I was at change. I came home to dinner. (I lodge at Mrs. Meers's) Mrs. Meers said, there had been a little difference about a fishwoman going up stairs. There was a girl crying chesnuts in the streets, as I was at dinner. Mrs. Hanks called her to come up into her room. I stept out and said, ours is a clean house; I don't like people should make the stairs so dirty. Mrs. Hanks came and abused Mrs. Meers, and had I not been there, I believe she would have struck her; her husband came down and abused her too. This box is my property; it has been in my custody ever since Mrs. Meers has been in custody. I observed these marks on it when I first looked at it, after the spoons were found; they seem to be done by some instrument in forcing the lid up, by which means it was easy to put them in without unlocking the box. (The Jury inspect it, and found it easy for a man to get the palm of his hand in.)

Q. What is Mrs. Meer's character?

Captain Burton. I have known her a good while. She bears a good character. I look upon her to be a very honest, decent, orderly good woman; She is a person well to pass in the world.

Mrs. Langley. I was present when Mr. Hart desired to try if he could not get the spoons in by lifting up the box lid. Mr. Hanks, the constable, and Eleanor Hutchinson were present. Mr. Hanks, or the constable, said, nobody should try any more. I desired to try, and he would not let me.

Mr. Hart. I was at Mrs. Meers's house when the constables were there; I had the spoons in my hand, I desired to try if I could not get them into the box. I began to try, and said I believ'd I could get them in, was I to strain the place. They said it must not be strained. One of them took them from me. I then observed a mark upon the box, and told it to the constable, and said there was a vacancy enough to put the spoons in. The box appeared in the very same manner as now.

Q. How long have you known Mrs. Meers?

Hart. I have known her between 12 and 13 years; she once lived servant with me; she behaved extraordinary well. I always looked upon her to be a faithful, honest, sober person; there cannot be an honester person in the world.

Mr. and Miss Winter, who had known her between 10 and 11 years; Mr. Smith and Mr. French about 4; Mr. Merryman 12 or 14; Dorothy Kelly almost 2; Mr. Seabrook 7; all gave her the character of an honest sober person. There were many others ready to appear to her character, but the Jury declared they were satisfied.

Acquitted . A copy of the indictment was granted to the prisoner.

12. (M.) Honour Smith , widow , was indicted for stealing one linnen shirt, value 3 s. the property of Thomas Lloyd , Oct. 15 . ~

Catherine Lloyd deposed, she was wife to the prosecutor; that the prisoner nursed her when she lay in; she missed a shirt, charged the prisoner with taking it; she confessed she had, and pawn'd it to Robert Hull in Belton-street, where it was found.

Robert Hull confirmed the accout she had given.

Guilty . T .

13. (M.) Ann Lyon , spinster , was indicted for stealing one green silk purse, value 1 d. one linnen handkerchief, value 1 s. one cotton gown, value 2 s. and 5 guineas, the property of William Williamson , in the dwelling-house of the said William , Nov. 23 . *

William Williamson . I keep a public house in Grub-street , the prisoner was my servant about a fortnight. On Monday, the 14th of last month, I put 3 guineas, 2 half guineas, and 4 quarter-guineas in a silk purse, into a little loose drawer, in my bed-chamber; I went up for half a guinea to change a guinea on the Wednesday following, and missed the purse and money. Before I came down, the prisoner had put on her hat, and was gone out of the back-door; we inquired about, but could hear nothing of her, till the Friday morning, when a man came and told me, his daughter had been with the prisoner at Gravesend, and she was come home again, and had left the prisoner there. I went to Sir John Fielding , and got a warrant, and took horse, and got the warrant backed by the Mayor of Gravesend. I went to the Three Jackdaws as directed, there they informed me she was at a public house hard by, where we found her in bed fast asleep; I desired the Constable to secure her pocket, there was this handkerchief, (producing one) my property; we found also 18 d. in her pocket, and here is a gold ring, which she owned before the Justice she bought with part of my money; (producing a gold ring.) these are all we found, (She owned to the taking every thing.)

Latina Turner. The prisoner came to me on the Wednesday, and asked me, if I would go out with her, and said, she would not keep me out above a couple of hours. She took a coach, and we went to the Golden Lion in Kent-street; then she said, there was a young man at Gravesend which she wanted to see, she persuaded me to go there with her. I went with her, and staid there till Thursday. I was very uneasy, because my father did not know I was gone there. I set out on Friday morning for London; when I came to Billingsgate, I was informed, she had robbed her master, then I went and told where she was.

Q. Who paid your reckonings?

L. Turner. She did; I saw some little pieces of gold which she had, (a silk purse produced in court) I saw this in her possession at Gravesend.

Prosecutor. This is my purse which the money was in.

L. Turner. She told me, a young fellow that she went down to see, sent her up a guinea to buy this gold ring, I was with her when she bought it, it cost 12 s. 6 d.

Prisoner's Defence.

She knows I had the money two or three days before I left my master's house. I spent some of the money in her father's house, I sent for two quarterns of rum there, and changed a 1 s. and 9 d. piece, when I paid for it. I was the only servant, except a boy, in my master's house. I was up first; there was a club on the Saturday night, and on the Sunday morning I was going to open the door, I trod upon something; I took it up, and heard it chink; I kept it till Tuesday before I used any of it, then I changed one of the 6 s. and 9 d. pieces.

( She called Mary Fraizer who had known her some years, Sarah Bland with whom she had lived servant about three weeks, John Thomson with whom she had lived about three months, and Ignatius Hubard who had known her twelve years, who gave her a good character.)

Guilty . Death .

14. (M.) Daniel Moore was indicted for stealing one silver watch, value 21 s. one gold necklace and locket, value 30 s. one linnen cap, value 6 d. one linnen handkerchief, value 6 d. one black silk hood and one linnen apron, the property of Martha Sweetenham , widow , in the dwelling-house of the said Martha , Sept 7 . *

Martha Sweetenham . The prisoner is an aprentice to a son-in-law of mine, a weaver, who lives near me in Hair-street, Bethnal-green. On the 7th of Sept. I lost the things mentioned in the indictment; they were taken out of two drawers, as I was going to bed. I saw three sleeves lying on the floor, I then opened my drawers and missed the things. I advertised them on the 10th; a poor girl happened to see the prisoner shewing the watch and necklace, she mentioned it to a person that had read the advertisement, by which means I came to the knowledge of it. I went as directed into Daniel's-alley, Whitaker-street, there I found one Ann Smith , she had got a handkerchief, a ribbon, and black silk hood, my property; we were going to have her committed, but she proposed to appear against the prisoner if we took him, but now she cannot be found; we took him in Nov. at a shuffle-board-table.

Elizabeth Cook . The prisoner gave me an apron and handkerchief, I never opened them, neither did I know how he came by them. (Produced in court and deposed to by prosecutor.)

E. Cook. I was out-asked to the prisoner.

Oswell Hill. I am headborough of the parish of Bethnal-green. This last witness is a girl of good character. Mr. Yardly and I apprehended the prisoner, he owned to me, he had had all the things, and where he had disposed of them; that he sold the watch to a soldier at Chatham barracks for 25 s.

Anthony Murrey I bought a locket of the prisoner at the bar; but I had sold it again before I knew it was stolen. I sold it for 13 s. and bought it for 12 s. There were three beads with it.

John Yardly . I heard the prisoner confess, he had stole all the things mentioned in the indictment. I am the prisoner's master.

Prisoner's Defence.

I was fuddled when he took me up. I am as innocent as the child unborn. The things that I had I found going along the street, at the corner of Slaughter-street, Brick-lane; I opened them, and did not know what to make of them; I was in want of money, so I sold them.

He called Henry Clark who had known him three years, Joseph Mitten above twenty, and Daniel Pennot seven, who all gave him a good character.

Guilty of stealing, but not in the dwelling-house . T .

15. (M.) John Cannon was indicted for stealing one Pinchbeck metal watch with a shagreen case, value 1 l. 5 s. the property of Edward Medley , July 1 . +

Edward Medley . I am one of the king's scholar s at Westminster-school. I lost a watch last June; I cannot tell the particular time; I had lent it to Mr. Norris, a fellow-scholar, to seal a letter with the seal in the dormitory. The prisoner at the bar was taken up on suspicion of stealing a coat, about the beginning of this month; the Justice before whom he was carried, was Mr. Pearson, a pawnbroker; his servant-maid hearing the name Cannon, said, she remembered a watch was pawned there in that name; I hearing of this, I went and described my watch, it appeared to be mine that was lost in the dormitory. The prisoner was there at the time I heard him own he pawned it. (Produced in the court, and deposed to.)

Thomas Lane. I had this watch of Mr. Pearson. I was by when the prisoner was examined about it, he said it was his own.

Ann Plunket . I am servant to Mr. Pearson, he is a justice of peace; the prisoner pledg'd this watch at our house, I took it in, he had 1 l. 5 s. upon it, he said it was his own, this was on the 17th of Nov. he said at the same time his name was John Cannon , and that he lived in Petty-France.

Prisoner's Defence.

I was going through the Mews, I passed by a Jew with a green bag on his arm, with a pair of leather breeches. I asked him the price of them, he said 12 s. I wanted to go to some house to try them on; going a little farther there was a coach house door open, I went in and tryed them on there. I bought them for 10 s. Then he asked me if I would buy a watch; he shewed me this, and asked 50 l. for it, I bid him 7 guineas. I bought it for 45 s. I being a little sort of a judge of these things. I believe this is about 6 months ago.

For the Prisoner.

William King . I have known the prisoner 10 or a dozen years, he is a very honest man as far as I know; he is a smith by trade.

Sarah Griffin . I have known him between 7 and 8 years; I never heard any thing against him before now.

John Pepper . I have known him about 2 years. I never heard to the contrary but that he was a very honest man.

Peter Skellet . I have known him near 8 years, he has behaved with a great deal of sobriety and honesty.

Mary Rogers . I have known him 10 years, he is a very honest man.

James Baget . I have known him 7 months, he worked for me about that time; I have trusted him with a great many pounds worth of things, he has served me as an industrious servant.

Q. Where do you live?

Baget. I live in College-street, Westminster.

Q. Are you employed in Westminster college?

Baget. I am a smith, and am employed there.

Q. Had the prisoner occasion to be at work there in June or July last?

Baget. He came to work with me in March; I used to send him with work there, he has done business in the dormitory to locks and the like; I suppose he was at work there in June or July.

Mr. Hitchcock. I have known him some time, he is a very honest man as far as I ever heard.

Acquitted .

16. 17. (M.) George Watson , otherwise William Clark , and Ann Clark , otherwise Lenorchon , spinster , were indicted for that they, on the 4th of Nov . about the hour of 2 in the night, the dwelling-house of William Harris did burglariously break and enter, and one silver watch, val. 36 s. one silver tea-spoon, val. 1 s. one blue surtout coat; val. 5 s. and 2 cloaths brushes. val. 1 s. the goods of the said William, in his dwelling-house did steal , &c. ++

William Harris . I live near the Hermitage bridge . On the 4th of Nov. at night, my house was broke open, the bar of the cellar window was taken away, when they got in there they opened the cellar door, and came up into the house, all were fast over night. I missed the things mentioned in the indictment. I advertised them, and on Saturday at noon Mr. Bopard came to me, he said, he believed he had seen my watch. I described mine, then he said he had it, that he bought it for 34 s. he said his apprentice could swear to the identity of the man he bought it of. Then I desired him to go down to the rendezvous with his apprentice, to see if it was not one of the seamen; (we had found a bludgoon by my counter the morning after the robbery, which I thought I had seen before in a sailor's hand) but during the time we were there, the woman at the bar carried some silk handkerchiefs to pledge at Mr. Bopard's, and she was secured, she being with the man when the watch was sold; then we went with her before justice Willoughby, there she said the man at the bar told her he bought the watch. She was put into the Tower goal, and in the morning she was carried before justice Pell; the man was taken and brought there also; they denied knowing each other. He owned he sold the watch, and said he bought it of one William Clark , who belonged to the Centurion man of war. They both denied the burglary. I never saw any of my other things.

Andrew Bopard . On the 5th of Nov. about 9 o'clock, I was upstairs. My apprentice Charles Cisheir came up to me, and asked me what I would lend upon this watch? I looked at it, and said, a guinea, and no more. I asked, who brought it? he said, a woman and a sailer boy; that the woman had the watch. He went down, and presently came up again, and said, they would sell it. My apprentice bought it for 34 s. After this, upon reading the advertisement, I found out the prosecutor. The man said in my hearing, he bought this watch in the Minories, and at another time he said, he bought it of a shipmate, name Wilson.

Charles Cisheir . I am apprentice to Mr. Bopard. The two prisoners came together to our shop with this watch. The man said, he bought it of a man in the Minories for 4 l. and before the Justice he said, he bought it of a young man, a sailor. I bought it of him, as he said it was his own.

Watson's Defence.

I am a young lad lately come from sea. I hope your Lordship will take it into consideration. I can't explain myself as I could wish. I come home from the West-Indies; I brought a letter from this woman's husband; I found her out, and told her, he was well; she asked me to drink; I got in liquor; from that I became acquainted with her. I received 15 guineas for my voyage; there was a young man wanted to sell this watch; I said, how much do you ask for it, Cock? he said 2 guineas; she persuaded me to buy it; I gave him 2 guineas for it. After that I wanting money, went with her to Mr. Bopard's, and sold it.

Ann Clark 's Defence.

My mistress in Swan-alley desired me to go along with this young man, when he went to pawn the watch.

Both Guilty of Felony only . T .

18. (L.) Mary, wife of James Jenkins , was indicted for stealing 9 shirts, val. 30 s. 2 yards of linnen cloath, val. 6 s. one pair of silk stockings and one pair of worsted stockings , the property of James Wyndham , Nov. 4 . ++

James Wyndham . The prisoner was a sort of a chairwoman in the house where I live. I missed some things, but thought not proper to take her up without some proof against her. I went, and by enquiring at the pawnbrokers I found at Mr. Davis's on Ludgate-hill 2 of my shirts pawned there in the prisoner's name. Then I took her up; she confessed she had pawned 7 others at Mr. Wybourn's in Fleet-street; we went and got them according to her directions; we found also 2 yards of linnen cloth, a pair of silk, and a pair of worsted stockings at Mr. Wybourn's. I took her before Mr. Alderman Blunt, where she confessed the same.

William Boddington . I am constable. I was sent for by the prosecutor, I took the prisoner in custody; she was charged with robbing him. She very strongly denied it at first. Said he, how can you deny it, when we found 2 of the shirts upon Ludgate hill? then she begged for mercy, and confessed to the taking 7 more, and said they were at Mr. Wybourn's; I took her there, and found them, and also a remnant of cloth, a pair of silk, and a pair of worsted stockings, which she owned she had pawned.

[ The goods produced in court and deposed to by the prosecutor.]

Q. from prisoner. Whether he did not promise to let me go if I would confess?

Prosecutor. I do not remember any thing at all of that.

John Swinton . I am servant to Mr. Wybourn, I took in these seven shirts to pawn of the prisoner at the bar.

Mr. Davis. I had the other two shirts of the prisoner; the prosecutor promised me, before he took the prisoner into custody, that he would not do any thing in regard to the woman's prejudice; because the good woman at the bar I have known for four or five years. I never heard any thing to the good woman's disparagement in my life.

Prisoner's defence.

My husband works for the people where the prosecutor lodges: a gentleman that is gone to sea left me these five shirts; when I was taken up I told him I was obliged to pawn them; he says they are his shirts: ask Mr. Davis, he'll give me a good character, I always go there.

Q. to prosecutor. Are these nine shirts your property or not?

Prosecutor. They are; they were new when I bought them; some were ready made.

Q. Did you never, in order to induce the prisoner to a confession, promise you would not prosecute her?

Prosecutor. She never made any confession before she was taken into custody; I do not remember a word of promising not to prosecute her.

Boddington. He never promised any such thing while I had her in custody.

For the prisoner.

Sarah Maul . I am the prisoner's sister; she is well spoken of by every body; her husband is a journeyman baker; she gets her bread by cloak and bonnet making, she has a very good character.

James Findlether . I have known her 14 or 15 years, I never heard any thing bad of her before this.

John Wilson . I have known her 7 or 8 years, I never heard but that she bore a good character.

Acquitted .

19. 20. (L.) William Steers and Abraham Stevens , were indicted for stealing three East-India bonds, value 105 l. each, the property of Joachim Gerrard Bass , privately from his person , September 29th . +

Joachim Gerrard Bass . I had three East-India bonds, Numb. 30623, 30587, 21077, for the payment of an hundred pounds each, but they were worth more; I don't know their dates; I bought them the 24th of June last; I had the broker's note with them, but that was with the bonds in the book; I was going by St. Mildred's church in the Poultery , between 11 and 12 in the day, the 27th of September; there was a great company of people, my lord mayor's coach was going along, I push'd on to get through, and I lost my book with them in it in the crowd our of my waistcoat pocket, I felt it reach'd out, it was my banker's book, with my name upon it, cover'd with parchment; I look'd about me but could not see who took them; the next day I advertised them, with 20 guineas reward, in three several papers; afterwards I offered 30 guineas; and then 40; after that I was sent for to Sir Charles Asgill 's on the 22d of last month, between 6 and 7 at night; there were two of the bonds there, but the other we have had no account of, the two highest numbers: Sir Charles had examined the two prisoners before I came, and Sir Charles examined me and found the bonds belonged to me, and gave them to my broker, and desired him to take care of them. [The two bonds produced by the broker, deposed to by the prosecutor, as two of the same be lost from his waistcoat pocket. I never heard of my pocket-book since.

Q. Look at the two prisoners, did you ever see them before?

Prosecutor. I cant say I have.

Thomas Sivers . I had these bonds from Sir Charles Asgill when the prisoners were examined before him; these bonds I bought for Mr. Bass, on the 24th of June; a person that will be examined here sent for me, he told me what he had found out of the bonds; we appointed to meet at the Four Swans in Bishopsgate-street; he said the prisoners were there; I got a constable; there Stevens pulled these two bonds out of his pocket and threw them on the bench that he sat upon, I took them into my possession; the prisoners were taken before Sir Charles Asgill , there they were examined how they came by them; they owned nothing about the taking them; I think Stevens said he had them of a person that was gone to sea, but being pressed farther, he said he had them of Steers; and when Steers was questioned who he had them of, he said he had them of Stevens.

Arthur George Carr . One bond was offered to me at Grigsby's coffee-house on the 22th of Sept. John Buckey came to me and said, an acquaintance of his had got an India bond to dispose of for less than the value; for it had been advertised and a reward offered, but it was not carried for the reward. I said, I would buy it of him, if he came by 3 o'clock. Accordingly he came with Steers to the Amsterdam coffee-house, I took them into a room and asked Buckey, if this was the man that had the India bond? they both answered no, that the man was at the Fleece alehouse in Threadneedle-street. They had before offered to sell them for 5 l. under value, I offered them 90 l. a piece for them. There were then 2 mentioned. Steers said he would go and ask Stevens whether he would take that money; he went, and returned, and said, Stevens humm'd and haw'd about it, but believed he would take it. I told them, I could not then stay, but if they would go to the Fleece, I would come to them. I did accordingly, then there were the two prisoners and Buckey; I made an excuse and went to the officer in Change-alley, Mr. Sivers, he was not at home; I left word, that two of the bonds that had been advertised had been offered to me. I went to the Fleece. Steers was gone, there were Stevens and Buckey; then they went to the Four Swans in Bishopsgate-street, there they were all three together. I told them, I had brought the money and desired them to give me change out of a 200 l. note; Stevens then produced the bonds to me from out of his pocket-book; I compared them, and found they agreed with two of the three lost. I made an excuse out, and Buckey followed me. I said, had they not the other? he said, he believed they had not, but he would ask them. We went in again. I wanted to go out, but knowing they would not trust me alone. I desired to speak to Buckey. I talked to him about the danger of purchasing them; he said, I had better let them alone. I had not been there three minutes, but the officer and the constable went down the yard; I gave the constable charge of the prisoners. Stevens took out the bonds and laid them down on a bench; I took them up and delivered them to Mr. Sivers. Stevens, before Sir Charles Asgill , said, he had them from a stranger; at last he said, he had them from Steers; and Steers said, he had them from Stevens.

John Buckey . I have known Steers seven or eight years; I have known Stevens but a trifle of time. Mr. Steers asked me, if I knew any body that would buy an India bond. (The rest as the former witness.)

[Stevens in his defence said, he had the bonds from Mr. Steers; and Steers in his defence said, he could prove where he bought them.]

For the Prisoners.

Thomas Russell . I live in little Hermitage-street. I am a slop-seller. Mr. Steers and I went together to Gravesend on Sunday Morning, the 26th of Sept. We were there together 5 or 6 days; then he said, he had business in London, to pay his workmen.

Joseph Watson . I live in Shadwell-market. I was in company with Steers about the middle of Nov. at his own house. He brought two India bonds; I saw him pay for them, but cannot tell how much; I heard him bargaining about 200 l. this was about 3 or 4 o'clock in the afternoon; I cannot be certain to the day; I looked at the bonds; but I am no judge of them.

Nathan Lee . I live at the King's-head in Leaden-hall-street. I remember, he told me, there was a man had some India bonds to sell, and he was going to buy them. I saw him pay the money; it was in the kitchen at the King's-head; Mr. Watson was there; he bought them of one Solomon, a Jew; they told me since, he is absconded.

James England . I live in Shoreditch. I have known Steers about 5 years; he is a man of substance; he employs 40 or 50 men in the summer time. I look upon him to be a very honest man; I would trust him with a thousand pounds worth of goods, was he at liberty now.

The prisoners called several persons, who testified their characters to be very good.

Both acquitted .

21. (M.) Robert Newington was indicted for that he on the 4th of Dec . about the hour of 3 in the night burglariously the dwelling house of Thomas Francis did break and enter, and one silver milk pot, val. 2 s. one silver punch ladle, val. 2 s. and 7 s. 6 d. in money numbered, the property of the said Thomas, in his dwelling house did steal, carry and take away . +

Thomas Francis . I live at the Salmon and Ball in Bunhill-row . I was called up by the watchman about 3 o'clock on the 5th of this instant; he asked me, whether I had left my window open? I got up, and let him in. We found a little window open, and 4 panes out of it.

Q. Was that window fast, when you went to bed?

Francis. I do not know. There had used to be a shutter to it; but then it had only a hasp to the casement. I cannot say, whether it was hasped or not.

Q. Was any glass out of it, before you went to bed?

Francis. I do not know there was any out. I missed some money out of my desk in the parlour; that I know was shut when I went to bed; I cannot say whether it was locked or not. I missed a silver milk pot and a silver punch ladle. There was a mark made with a knife in opening the desk.

Q. How large is this window?

Francis. It is about a foot wide and two feet high. I don't think a man could get into the window; but they might put their arm in and reach the desk. The watchman said, he had turned a young man out of the vault about an hour before; he described the person, so that I suspected the prisoner. He was an apprentice to a neighbour of mine; I went and found him about 8 o'clock in the afternoon. He confessed the taking the things. (Produced and deposed to.)

Josiah Kemp . When we found the prisoner, I desired him to tell the truth. He was charged with this fact; he delivered the milk pot and ladle here produced to me. Since the bill was found against him at Hicks's-hall, he has confest, that a woman, who is now in Newgate, asked him if he had any money? he said, he had not. She then shewed him where to get some; that she went with him and shewed him the window; that he took 4 panes of glass out, and she received them of him, and was concerned in the robbery with him; her name is Martha Chivers .

(The constable that took him to Bridewell, confirmed his confession.)

Prisoner's Defence.

It was this woman that brought me into the scrape. I met her when I was turned out of the vault; she asked me, if I had any money? I told her, no; she said, if I would go with her, she would shew me where I might get some; I went with her to that gentleman's house; she bid me take out the glass; I did, and she had the money.

Guilty . Death .

22. (M.) John Brown was indicted for stealing 2 ounces of gold lace, val. 30 s. the property of William Whitby , Nov. 23 . ~

Guilty . T .

23. (M.) Samuel Turner was indicted for stealing two harrateen bed curtains, val. 2 s. two linnen-sheets, val. 5 s. and one shirt, val. 3 s. the property of Benj Cox , Esq. Nov. 29 . ++

Guilty . T .

24. (L.) John Brooker was indicted for stealing one linnen handkerchief, val. 4 d. the property of William Arnold , Oct. 30 . ~.

Guilty . T .

25. (L.) John Robins was indicted for stealing one cotton handkerchief, val. 6 d. the property of Jos Grinsell , Oct. 31 . ~

Acquitted .

26. (L.) Elizabeth, wife of John Ryder was indicted for stealing one silver table spoon, val. 12 s. the property of John Bottomley , Dec. 24 ++.

Guilty . B .

27. (L.) Mary, otherwise Ann wife of - Cohen, otherwise Ann Cohen, widow , was indicted, for that she, on the king's highway, on John Stirling , did make an assault, putting him in corporal fear and danger of his life, and taking from his person twenty-five yards of linnen cloth, val. 3 l. 15 s. six yards of muslin, val. 42 s. thirty-four pair of worsted hose; val. 4 l. eight silk handkerchiefs, four linnen handkerchiefs, and 3 black silk neckcloths, the property of the said John , Nov. 4 . ++.

John Stirling . On the 4th of last month, between 12 and 1 in the morning, I was coming through St. Paul's Church-yard , I met the prisoner at the bar, with another woman, very near the grocers, as we go towards Ludgate-hill, they asked me if I would go along with them.

Q. Which of them spoke to you?

Stirling. That I cannot tell. I said to them, no. I was not past them above 20 paces, but they both followed me; they came and tripped me down, and by the fall my bundle flew from under my arm. I was held down by this woman, while the other woman took and made off with my bundle. I cannot tell who tripped up my heels, because it was done behind my back; as soon as I could recover myself, I laid hold of the prisoner, and said, What do you mean? do you want to rob me? where is my bundle? O, said she, come along with me into the Old Bailey, or Fleet-lane, or some where thereabouts; I did not go, but I held her at the very spot where the thing was done; I carried her to the end of the Old Bailey, and told the watchman that I had got a prisoner, the watchman would not take her in charge; then I said to him, I would take her to the watch-house myself. I did, and never let my hold go, from the time it was done. She was secured in Wood-street-compter that night, and the next morning carried before the sitting Aldermen. I charged her there in the same manner I have given evidence here. I never got my goods again. I lost in that bundle twenty-five yards of linnen cloth, six yards of fine muslin, eighteen pair of worsted stockings, six pair of black figured ditto, nine of white ribb'd, and one of plain; that is thirty-four in the whole, eight silk handkerchiefs, four linnen ditto, and three black neckcloths.

Q. What are you?

Stirling. I am a pedlar , that was part of my neck.

Prisoner's Defence.

He charged me, at the end of the Old Bailey, with robbing him of a bundle, and he also charged me in the watch-house, he was so violent drunk he was forced to go out and cast his stomach, he could not take his oath safely.

Acquitted .

28. (L.) Ann Haywood , spinster , was indicted for that she, on the 28th of October , did bring forth a male child alive and in secret, which child, by the laws of the kingdom, was a bastard, on which she did of malice aforethought make an assault, and did cast and throw the said child into a certain privy house belonging to St. Bartholomew's Hospital, by which means it was suffocated . She stood likewise charged, on the Coroner's inquest, for the like murder +

Susanna Gillis . I am sister of Diot's ward in St. Bartholomew's Hospital. The prisoner was six weeks in the Hospital with me, it is about six weeks ago. She was brought there for two sore legs; she had another complaint from getting cold by going into a damp cellar, which occasioned a disorder in her bowels. On the Thursday before the affair happened, she complained that disorder was worse than usual. The doctor ordered her a vomit, and on the Thursday after she complained she was worse, by the medicines that the doctor had ordered her, and said it burnt her inside up.

Q. Do you remember the day of the month?

Gillis. I do not, it was that night she was delivered. I went down to the apothecary, and brought her up a bolus. I went to her bed about a quarter after 8 at night, and missed her out of bed; she had used to keep her bed on the account of her legs being so bad, she only got out to have her bed made; I asked where she was gone, they told me to the necessary house; I sent Mary Evans the nurse, to see whether she was ill, or had fainted away; she came back and said, she was very bad, and could not come; I bid her go back with somebody with her and bring her in, for she would get cold.

Q. How far was the necessary from the room where she lay?

Gillis. It was about 3 or 4 yards from it. The nurse brought her back, and she went into bed. The nurse came to me and said, sister, there is something the matter, go and examine her. I went to her and asked, What was the matter with her? she answered, Nothing.

Q. How long had she been at the necessary?

Gillis. I cannot say. I said, I am sure there is something more than ordinary, I am sure Nanney you have had a child, or you have miscarried. She said she had not.

Q. How came you to tax her with that?

Gillis. Upon the nurse telling me what she saw in the necessary, I desired her to tell me the truth, and I would fetch a midwife, and have her examined; she still denied it, and I went and fetched Mrs. Smith the midwife, and was present when she examined her; the midwife brought the other part into the world, which was a plain proof there had been a child. I made her some caudle, and took proper care of her, and was up in the ward till after 2 in the morning; she said nothing while I was there, but after that she owned it. After the child was found, I saw it in the dead house, where bodies are put; it was a male child.

Q. Have you had children?

Gillis. I have had 8.

Q. Did it appear to be a full grown child?

Gillis. It did.

Q. Did you observe any marks of violence upon it?

Gillis. No, I did not, it was as fine a child as could be seen. On the Tuesday night before, when she took the vomit, I challenged her with being big; as she sat in the chair she looked like a woman down lying. I said to her, if you was not a sober woman I should suspect you to be with child. She said, indeed, sister, it is nothing but my petticoats and stays.

Q. Did she call herself a single or a married woman?

Gillis. She called herself a single woman,

Mary Evans . I am the nurse in the Hospital. When the prisoner was missing from the bed, I was ordered to go to the necessary house to see after her; I went, and pushed the door open, and asked her, How she found herself? she said she was extremely ill; she then was sitting on the seat of the vault.

Q. How long had she been there?

M. Evans. I can't justly say how long; I said, sister desires you would come in, she is afraid you will get cold: she said she was in such extreme pain she could not get up: at that time I observed a great deal of blood upon the floor; I said, Nanney, you are very bad indeed (I had a candle in my hand) you seem to be in a very bad condition; said she, Nurse, the stuff that I have taken has forced the blood from me backwards and forwards, so that I can't tell what to do: I went directly from her to tell the sister in what manner she was, then sister ordered me to go back for her directly to have her into bed, fearing she should get cold; when I came back to the vault again she was got up, and had put the flap of the vault down, and was turning round to come out of the vault; I went to support her, she was very weak and tottered; the cloak she had on fell back, and by seeing her hand gave me suspicion something was the matter more than should be; she was half-way up her arm in blood; I said to her, Nanney, Nanney, what have you been at? I am afraid you have been flinging away your life in a very odd manner: she said, No, nurse, there is nothing the matter, I shall be better presently: I led her directly to her bed; as soon as I put her in, with her bed-gown and under petticoat on, I went back to the vault and saw it in a very bad condition, all the seat of the vault, the floor, and the funnel down the vault were bloody: I acquainted the sister with what I had seen and she examined her and went for the midwife; when the sister was gone I said there has certainly been a child: she said it was no such thing, it was only the apothecary's stuff: the other part was brought away afterwards, I was present: she said nothing till towards morning, then one of the patients and I taxed her with it; then she said the child was by a journeyman shoemaker, and owned she had been with child.

Sarah Smith . I am a midwife, I was sent for about half an hour after 8 at night; the sister said there was a patient that they believed had miscarried; I found the prisoner sitting upright in bed, I desired her to lie down, I examined her and told the sister there was no child there, but soon I brought away the other part, she had been delivered of a child that evening, I thought at its full time by what appeared to me, but I never saw the child; she never spoke one word while I staid there; I saw the vault, and seat, and floor, they were very bloody.

Q. From any thing you saw upon the vault, can you form any judgment with certainty whereabouts she was delivered?

S. Smith. My opinion it was as she was sitting on the vault.

Mary Tharp . I am a patient at the hospital; I saw the prisoner go to the vault, and saw nurse load her back again.

Q. How long might she have been there?

M. Tharp. I believe about 5 or 10 minutes, I can't say justly: when she was come from the vault the sister examined her, and said she believed there was something the matter; the prisoner said, No, nothing at all: then a midwife was sent for; she bid her turn on one side, and she brought away the other part: in the night I ask'd her if she knew where the child was; she said it slip'd from her as she sat on the vaults: I ask'd her if she knew the father of it; she said, he was a journeyman shoemaker that lived in a court by her master, and that she did not know she was so near her time; I never saw the child: there is but one bed betwixt mine and the vault; I was on my bed, I never heard a child cry, or a groan.

Martha Clark . I went to the prisoner's bedside the 28th of October, about a quarter of an hour before this happened; I asked her how she did, she complained of a pain in her bowels; presently after I saw the nurse leading her from the vault to the bedside; the sister sent for a midwife.

Q. How near was you to the vault when she was there?

M. Clark. About ten or a dozen yards, I was sitting by the fire, the vault is only separated from the room by a wooden partition.

Q. Did you hear a child cry while she was there?

M. Clark. No, I did not.

Q. to S. Gillis. How near was you to the vault while the prisoner was there?

S. Gillis. I was sitting by the fire eating my supper; the fire is not so far from the vault as ten yards; I never heard a child cry; if there had been any noise there we must have heard it.

M. Evans. I was to-and-fro, I heard no noise at all, and when I went to the vault to her I heard no noise nor no groan.

Elizabeth Chambers . I asked her one day if she was with child; she said no, no more than I: this was before she was in the hospital, about the latter end of June last.

William Clutherburg . I am porter in the hospital, I was present at the opening the vault, some of the soil was ordered to be taken away, it was three nights work before the child was found; in the night between Sunday and Monday, about half an hour after two o'clock, I saw the child taken out, it was a male child, I thought it a full grown child, I saw no marks of violence upon it.

Q. Did you observe the navel-string, whether cut or otherwise?

Clutherburg. No, I did not.

Robert Young . I am one or the surgeons belonging to the Hospital, the woman was my patient there for a sore leg; she had another complaint, for which she was under the doctor's care, that was a complaint in her bowels: I had not the least suspicion of her being with child. I was directed to observe the body of the infant on the Tuesday, it appeared to be perfect and full grown, there did not appear to me any external marks of any injury having been done to the child: I opened the thorax, and took out the lungs, in order to make the experiment usually made in these cases, that is putting them into water; I did, the lungs did swim, but I was of opinion that that experiment cannot be conclusive in this case, because the body had laid 3 days in the bog house, and I think such a fermentation might have been brought off, that it might gather air.

Q. to the midwife. Is it possible the prisoner could be delivered sitting on the vault involuntarily?

Midwife. It is. I imagine from what I saw upon her hands, that might come in endeavouring to bring that part which I brought away.

Q. to Mr. Young. Did you make any observation on the child, as to the navel string, that might read you to think it might drop from her?

Young. The navel string did not appear to be cut.

Prisoner's Defence.

When I was upon the vault a pain came upon me. and I could not get off, nor I did not know where I was till I was in bed. I was quite insensible when the child came from me; and as soon as the midwife came, I told her the child was down in the vault.

For the Prisoner.

Sarah Rhodes . I found this baby linnen in the prisoner's box, since she was in prison. She sent to me to go and get her cloaths from her master's where she lived servant.

Q. How long was that after she had been in prison?

Sarah Rhodes . This was about a fortnight after she was committed. Here are 2 caps, at waistcoat, sarchead cloth, a biggin, and every thing for a child except a shirt. (Produced in court) I always thought her a sober quiet girl.

Elz. Riddle deposed she saw the things taken out of the prisoner's box.

Mary Evans , Ann Harrison , and Elizabeth Short , gave her the character of a sober honest servant.

Acquitted .

29. (L.) Mary Samuel , spinster , was indicted, for the wilful murder of her male bastard child, in the same manner as the former; and she stood likewise charged on the coroner's inquest for the said murder . Nov. 15 . +.

John Hall . I live in Jewin-street. The prisoner lived servant with me pretty near 2 years and a half; she went for a single woman. On the 15th of Nov. as soon as I got up in the morning, my wife said these words to me, She has thrown the child into the vault; my man was by, I said, Go and see if you can get the child out; he goes with a pair of tongs and a candle, (this was about 8 o'clock) he said he had got hold of it and it slipped away, and he could not come at it. I went and acquainted the nightman with it; he sent his men, one of them put his head down very low, and said he saw it; he directed one of the men to dig some mould away, and take away a plank, there lay the child; I saw it taken out; I saw a wound at the corner of the child's mouth, quite down towards the jaw, it seemed to go quite through, about an inch long; the man put it into a tub of water, and washed it, then it was laid on a table: it was a male child.

Rose Hall. The prisoner was my servant. On Monday morning, about 7 o'clock, the 15th of Nov. I came out of my room, I was surprized seeing a great deal of blood upon the stairs a 2 pair of stairs that led to the prisoner's room, I went into the room, and said, Molly, how do you do? (she was then in bed, she had been not well over night, she said she believed she had got the cholick) she answered, Very bad, I believe I shall die. I said, I believe you are very bad indeed, I having seen blood from her room down into the yard. I looked round the room, and under the bed, and saw nothing: I said I believe I must go and fetch somebody: I went and fetched Mrs. Bickeridge, a midwife, she told the prisoner there had been a child born of the prisoner answered, There was a lump of something came from her; the midwife asked her what she had done with it; she said, she had put it down the vault. I lighted a candle, and looked down, and saw a child; then we bid a servant man, the man she lays it to, to go and get it out with a pair of tongs; it slipped away; after that it was taken out, and washed, and laid on a table, and Mr. Goodman and Mr. White came, I believe the forepart of that same day, and saw it.

Q. Did you examine the woman, to know whether there had been a child born?

Rose Hall. No; Dr. White did, he his here; the prisoner had been complaining she was very ill, we took a great deal of pity on her, she complained of a dropsy; I hired people to do her business for her.

Q. Did she say any thing about a child being till after the child was found?

Rose Hall. No, she did not: then she said it dead, and she knew nothing of it till it dropt down on the boards, as she was sitting by her bed side, and she perceived no life in it.

Q. her cross examination, she said, the prisoner was a good servant, and behaved well; that she was a very clean body, and she did look upon her character as undeniable: that she took the prisoner's key, and looked in her box, and there found some things proper for a child. She produced a gown, caps, blankets, and several things. (Produced in Court.)

George White . I am a man-midwife. I was sent for to Mr. Hall's on the 15th of Nov. about 11 o'clock, to attend on a suspicion of murder. I was surprized, and sent for my friend Mr. Goodman, to go along with me We both went into the room to the child; I took a cursory view of the child, then being desired to go up to the poor creature, I found she had been newly delivered of a child, and I was obliged to do the requisites to the same. After which we went down stairs and examined the child; we found a wound on the right side of the jaw, and the jaw-bone broke on the same side.

Q. What sort of a wound was it?

White. It was a laceration, a tearing by force on the right side of the mouth, beginning at the mouth and extending almost to the ear.

Q. Was the child full grown?

White. It was a perfect full grown child, at its full time, a male infant.

Q. By the appearance of this wound can you account how it might come?

White. The poor creature, I doubt not, was in a great deal of distress, when the child's head might be born, and to extricate herself in that misery, she might introduce her fingers into the child's mouth, she might make use of this means to pull the child from her, which might break the jaw and tear the part. This I mention from my own observation and experience. I believe the child was still-born.

Q. What is your reason for that?

White. From the difficulty of the birth, and the ceration of herself. It is plain to me, no person would give themselves pain, if they could help or ease it; every body will try to ease themselves; and as the navel-string was broke before, death trust ensue before the child could be delivered. The lungs may be filled with air, and the child not been alive. I was present when the child was opened, and an experiment made upon the lungs swam upon the surface.

Q. Is not that a circumstance to prove the child was born alive?

White. It may be in some cases. but we have proof to the contrary. I was sent for, last Thursday was sennight, on the like occasion; there was another of the faculty that agreed with me in it. The lungs being inflated, and swimming, is not always a proof of a child's being born alive; that I have had a proof of within these ten days.

Thomas Goodman . I was along with Mr. White. There was a laceration on the cheek, and the jaw broke, as he has mentioned. The lungs may be inflated, and the child be born dead. I saw the experiment made on the lungs, and they swam. I apprehend, the child's head was born first, and it might be obstructed in the passage of the vagina, probably the woman put her fingers to the child's mouth, and her thumb on the outward part, and in endeavouring to separate the child from her, the jaw might give way, and without great force, so slender a subject as an infant is, that laceration might happen.

Q. Is it your opinion, the child was born dead or alive?

Goodman. In consideration of the difficulty of the labour, I apprehend it was born dead.

John Chatress . I am son-in-law to Mr. Hall. I do not usually lie there, but I happened accidentally to be there that night. All I know of the affair is this, There was only a small partition that intervened between my room and the prisoner's. That whole night I was exceeding restless through a disorder settled in my thigh; I heard her groan several times very distinctly, as a person in great distress. I was awake when the servant-man arose, about 4 o'clock, he went into her apartment, and according as the circumstance appeared afterwards, she was delivered a little after that time, so that if the child had been born alive, and had cryed, I don't question but I should have heard it.

On his cross examination he said, It was a very thin partition, through which he could hear a person whisper, if such had been in her room; that he heard nothing but her groanings.

Prisoner's Defence.

When my mistress came up to me, I told her where I had put the child; it was born dead; I had no intention to destroy it, had it been born alive, for I had provided for it.

Q. to Mrs. Hall. What was her character?

Mrs. Hall. She bore a very good character while she lived with me.

Q. How was her behaviour towards children, as to cruelty or otherwise?

Mrs. Hall. I never saw any cruelty by her in the least.

Ann Cook . I am very often at Mr. Hall's, I have three children, they have been with me there, the prisoner used to take a deal of notice of them.

Acquitted .

30. (M.) John Davis was indicted for stealing eighteen pieces of fine porcelain ware, called Chelsea china, made for nossels of candlesticks to represent a tulip, value 18 s. two other pieces, called Dresden china, made for nossels of candlesticks, value 14 s. four other pieces, called Chelsea china, to represent a white lilly, value 2 s. two other pieces, called Chelsea china, to represent a rose-bud, value 12 d. two other pieces, to represent narcissusses, value 12 d. eight doz. of other pieces to represent orange-flowers, value 16 s. and sundry other pieces , the goods of Thomas Turner , Aug. 23 . ~

Acquitted .

31. (M.) James Porter was indicted for stealing a gelding of a grey colour, value 4 l. and one saddle and bridle, value 4 s. the property of Thomas Huddle , Dec. 1 . ++

Acquitted .

32. (M.) Hester Berry , spinster , was indicted for stealing one silk gown, value 5 s. one linnen gown, value 2 s. one man's stuff nightgown, value 11 s. four linnen shifts, value 4 s. nine muslin neckcloths, value 4 s. and two linnen aprons, value 2 s. the property of Elizabeth Dickinson , widow , Oct. 28 . ++

Elizabeth Dickinson , I keep a cloaths-shop ; the prisoner has frequented my shop for three or four months. I live in Broad St. Giles's , about a month ago I left some things, I could not tell how. When I missed a man's night-gown, I knew nobody had been at my house but the prisoner. I had a search-warrant, and searched her lodgings; there I found some of the things mentioned in the indictment, and some of them at a pawnbroker's in Bow-street, a silk gown, a night-gown, neck-cloaths, and sheets, my property.

Elizabeth Colston . The prisoner lodged in my house. She brought me a linnen apron, and shewed me a man's plad night-gown, and said, she was going to sell it; she shewed me a silk gown, and said, she was going with it to Chick-lane.

Prisoner's Defence.

I have witnesses that saw me pay the money for them.

For the prisoner.

Mrs. Wiley. I was by when the prisoner agreed with a person for the things; the person said, they belonged to a woman in distress.

Q. Where was this?

Wiley. In her own room. She bought them of Mrs. Colston.

Q. to E. Colston. Did you sell her these goods?

Colston. No, I did not.

Q. to Wiley. Did you see this woman sell the goods to the prisoner?

Wiley. I heard them talk together about buying things.

Colston. She shewed me these things and said, she had them of a kept madam. I never saw this woman in my life, till I saw her in Newgate. She is sister to the prisoner at the bar, I find.

Guilty . T .

33. (M.) William Hollis was indicted for stealing one leather trunk, val. 6 s. one gold ring, val. 8 s. 16 guineas, and 3 l. 4 s. the property of Mary Pugh , widow , Nov. 13 . ~

The prosecutrix had a room in the house of Mr. Ross under the Piazzas Covent-garden , where the prisoner lived Servant . She missed her box from under her bed, with the money and ring in it. The prisoner was suspected and charged, on which he confessed he had taken them, and 18 l. 3 s. were found where he had hid it.

Guilty . B .

34. (M.) James Paterson and Ann his wife were indicted for stealing 28 pounds of lump sugar, val. 16 s. and 28 pounds of moist sugar, val. 10 s. and one hundred of herrings, val. 4 s. the property of William Dell , Nov. 17 . ~

The goods mentioned were carried to the White Lion, St. James's market , to be sent by a waggon into the country. The two prisoners went in and drank a pint of beer. When they were gone, the goods were missing; they were taken with them upon them near Leicester-street, St. Ann's.

James Guilty . T .

Ann Acquitted .

35. (M.) Mary Johnson , spinster , was indicted for stealing one copper saucepan, val. 3 s. the property of James Jones , Nov. 15 . ~

Acquitted .

36. (M.) Martha Elliot , spinster , was indicted for stealing one linnen shift, val. 6 d. one pair of worsted stockings, val. 6 d. one quarter of a guinea, and 8 s. 6 d. in money numbered , the property of Johazea Swan , Nov. 15 . *

The prisoner had lived servant with the prosecutor about 3 weeks. Upon some dislike he turned her away, after which he missing the things mentioned, sent for her. She had the shift and stockings on, and confessed to the taking the whole laid to her charge.

Guilty . T .

37. (M.) Elizabeth, wife of William Goodman , was indicted for stealing one silver watch, val. 3 l. the property of Charles Yalding , privately from his person , Oct. 10 . *

The prosecutor deposed, he had his watch, the maker's name Dinmore, in his pocket, when in at the coach and horses facing Arundel-street ; that he dropt asleep at the fire side. When he awaked, he missed his watch; that the next morning the prisoner's husband informed him, his wife had a watch. She cloped. When taken, she owned before Justice Fielding, she had taken it when he was asleep, and pawned it at the Golden Ball, Houndsditch, for a guinea, and afterwards sold it to the same man for 33 s.

Thomas Wells and Elizabeth Dixon confirmed that of her confession.

Benjamin Bunn the pawnbroker deposed, he lent her a guinea upon a watch, maker's name Dinmore, and afterwards bought it of her for 33 s. which he had since sold.

The prisoner in her defence denied the charge.

Guilty . Death .

38. (M.) Susanna Pain , otherwise Ben , spinster , was indicted for stealing one quarter of a guinea , the property of James Ray , Nov. 6 . The prisoner was an infant about 10 years old.

Acquitted .

39. (M.) Martha Dowson , spinster , was indicted for stealing one caffoy curtain, belonging to a sedan chair, val. 6 s. and one lanthorn, val. 6 d. the property of Thomas Taylor , Oct. 26 . +

Guilty .

40. (M.) Grace Tasker , spinster , was indicted for stealing 2 stuff gowns, val. 2 l. one black silk hat, val. 6 d. one brown cloath cloak, val. 1 s. one linnen apron, val. 6 d. one linnen shift, val. 2 s. one pair of stays, 4 guineas, and 2 l. 14 s. in money numbered, the property of Dennis M'Guire , in his dwelling house , Nov. 24 . +

Dennis M'Guire deposed, he was a milk man , and lived in Wood's-close . The prisoner had been his servant about 8 or 9 days; that he left her at home to take care of his children, the 23d of Nov. while he and his wife went out with milk. They went out about half an hour after 2, in the day, and came home a little after 5. The prisoner made off as soon as they came in. He found the staple drawn which fastned his inward room door with a padlock; that of 6 l. 4 s. in gold and silver, and about 14 or 15 s. in halfpence, which was safe in a drawer when he went out, only one shilling in halfpence was left; he also missed the other things mentioned in the indictment. The prisoner was taken in the Tower, and brought to him with one of the gowns, stays, apron and shift upon her, and the other gown in her hand, and but 3 s. 6 d. in her pocket; that the prisoner owned to the taking the things, but denyed taking any more than 27 s. in money.

Guilty 39 s. T .

41. (L.) Thomas Goswell was indicted for publishing as true a certain false and counterfeit deed from Susanna Richardson to himself, with intent to defraud our sovereign Lord the King of certain wages due to Robert Williamson on board his Majesty's ships the Triton and Sunderland , March 3, 1761 . *

I appeared, he had done nothing inconsistent with the character of an honest attorney. The evidences against him were William Barlow , William Richardson , and Elizabeth his wife, who gave a very contradictory evidence, upon which the two former were remanded back to prison.

Acquitted .

42. (L.) John Wells was indicted for stealing one silk handkerchief, val. 6 d. the property of Edw Upton , Nov. 14 . ++

Edward Upton . Nov. 14, I was in Cheapside . I felt somebody at my pocket. I missed my handkerchief; the prisoner crossed the way; I followed him into Bow-lane; there he flung my handkerchief at me. (Produced in court, and deposed to.)

Guilty . T .

43. (L.) James Wright was indicted for stealing one iron bar, val. 18 d. and one iron padlock, val. 2 s. the property of James Woodroff , Nov. 20. ++

The prisoner was stopped about 4 in the morning, on the 20th of Nov. with the bar and lock upon him, in Sun-court, Cornhill, by William Badow , a watchman, which was proved to be the property of Mr. Woodroff, and was taken from his celler window that night.

Guilty . T .

44. (M.) Penelope Sweetman , spinster , was indicted, for stealing one linnen gown, val. 8 s. one shift, val. 1 s. and one apron, val. 6 d. the property of Samuel Johnson ; one shirt, val. 2 s. and one pair of worsted stockings, val. 1 s. the property of Jeremiah Cantrell , Nov. 13 .

Acquitted . ++.

45. (M.) Ann Pettiser , spinster , was indicted, for stealing one linnen counterpane, val. 10 s. 4 silver tea spoons, val. 3 s. one pair of silver tea tongs, val. 2 s. and one silk gown, val. 2 s. the property of John Tidd , Sept. 27 . ++.

John Tidd . The prisoner was my servant , she came the 20th of Sept. the things were missing the 27th: I suspected her, took her up, and charged her with taking them; she confest she had sold the spoons and tongs to Mr. Harding in the Minories, and pawned the counterpane and gown at Mr. Milner's.

Mr. Milner. (Producing the counterpane and g) These I took in of the prisoner at the bar. (Deposed to by the prosecutor.)

Guilty . B .

46. (M.) Roger Morin was indicted for stealing ten pounds weight of coffee, val. 10 s. the property of Jasper Hall , Nov. 24 . ++

The prisoner was employed in unloading a ship on the river Thames , the whole cargo the property of Jasper Hall; he was detected by Robert Dan , the master, as he came up out of the hold, with the coffee mentioned in the indictment concealed under his apron.

Guilty . T .

47. (M.) John Davis and Robert Allen were indicted for stealing 2 pair of shoes, val. 8 s. the property of Samuel Davis . ++.

Samuel Davis . I am a shoe-maker . I missed 2 pair of shoes, I cannot say these boys took them; they are very young, one 10, the other 11 years of age.

Both acquitted .

48. (M.) James Smith and Thomas Smith , were indicted, for stealing one hempen sack, val. 10 d. one cloth great coat, one iron spade, and a whip, the property of John Dalton , in the stable of the said John . The prosecutor did not appear.

Both Acquitted .

49. (M.) Francis Smith was indicted for stealing one waistcoat, val. 6 d. one bible, val. 2 s. one stuff gown, one remnant of camblet stuff, one silk damask gown, one silk capuchin, and 17 l. in money, the property of Paul Buroe , in his dwelling-house . +.

The prosecutor and prisoner were near relations, on their settling accounts between them, their disputes ran so high as to bring this indictment against the prisoner, for which there appeared to the court no foundation. He was Acquitted . His lordship recommended to them to agree, which they seemed in a fair way of doing before they departed the court.

50. (M.) Maria Smith , spinster , otherwise Margaret Levet , was indicted for stealing 8 linnen shirts, val. 7 s. ten caps, val 10 s. four linnen forehead-cloths, val. 1 s. 2 linnen waistcoats, and 2 biggins , the property of Thomas Hill , Dec. 30 . +

Thomas Hill . Ikeep a public house in Chandois Street . Yesterday was sen'night, about 6 o'clock in the evening, I lost a parcel of child-bed linnen, tied up in a red handkerchief; I cannot mention the particular things, there were caps, shirts, biggins, forehead-cloaths, and the like.

Q. Why do you charge the prisoner?

Hill. I never saw her before she was taken up; she was taken up on Monday evening; it will appear the things were pawned by her, they were found at a pawnbroker's. ( Produced in court and deposed to.) My wife is very ill, or she had been here.

Q. What did the prisoner say upon your charging her?

Hill. She said she did not steal them, but that they were given her by another woman for a debt, which was owing to her 4 years.

Q. Did she mention that woman's name?

Hill. Yes, she said her name was Murphy.

Q. Did you see one Murphy in your house the day the things were lost?

Hill. No. I did not.

Thomas Hall. The prisoner at the bar pawned these things with me, (here produced,) yesterday se'nnight, in the evening between 9 and 10 o'clock, at the name of Maria Smith .

Q. What did you lend her upon them?

Hall. I lent her half a guinea.

William Weedler . I am servant to the prosecutor. The prisoner came to our house yesterday se'night, and called for a halfpenny worth of gin. I served her; she brought this fork and brush with her, (producing an iron beef fork, and cloaths brush) she came in between 5 and 8 o'clock, and staid about 5 minutes; I saw the parcel of child-bed linnen there before she came into the house, they were in the same room where she was; she had not been gone above half an hour before they were missing.

Prisoner. That waiter swore to another woman, and sent her to Newgate in my place.

Weedler. There was another woman came into our house that night, but as soon as I saw the prisoner I knew the other was not the woman.

Mary Scott . The prisoner was in my shop yesterday was se'nnight in the evening between 9 and 10 o'clock, she said she was going out, and a washerwoman owed her about 15 s. she came home by 11, and said she had given her some things instead of money, she did not know what they were, she had a parcel with her.

Q. Did she mention the washer-woman's name?

Scott. No, she did not, ( she takes up a handkerchief) this is the handkerchief the things were tied up in.

Prosecutor. This is my property, the same handkerchief my things were in.

Scott. She went out between 9 and 10, and returned again and said she had pawned them.

Prisoner's Defence.

The pawnbroker's shop was shut up between 10 and 11 o'clock. I went into the prosecutor's house that night; the waiter was coming out of the parlour and said, my mistress has had her fortune told by a woman that tells the truest fortunes of any. He persuaded me to go in and have mine told. I went into the back parlour, and staid there about 10 or 14 minutes. The woman told me my fortune; it was not that I should come here to the Old-Bailey. I gave her 2 d. and came out at the back door. I had appointed to go to the washer-woman for money she owed me; she told me, she would pay me. I wanted something for supper; she went out and brought some buttock of beef. She lives in Princes's-street. I had lent her some child bed linnen two years ago. The woman told me, she had not received any money for her work, but she returned in about half an hour and said, I can't get any money, but I have got your things and others to them; but I must have them again, for my daughter is big with child. She bade me take care of the handkerchief they were in, and said, it was a gentleman's handkerchief that I wash for, and that he lives in Sheer-lane at a chandler's shop. I came home to this woman's house, she said, she had nothing to eat or drink; so I went out and pawned these things, and got something for supper.

Q. to Weedler. Do you remember any woman having her fortune told her that night?

Weedler. No, I do not.

For the Prisoner.

Elizabeth Clark . I live in Clerkenwell; I am a cardinal-maker by trade. I have known her twenty years; she is a milliner by trade, that is, she used to work at milliners. I never was so shocked in my life, as I was when I heard she was here. She is a very honest body.

Acquitted .

51. (M.) Bartholomew Place was indicted for conveying an instrument into Clerkenwell Bridewell , in order for William Place, confined there, to make his escape . The witness did not appear.

Acquitted .

52. (M.) Honour Dempsey , spinster , was indicted, for stealing one silver spoon, val. 2 s. one gold ring, val. 8 s. one gold ear-ring, one cloth cardinal, one linnen apron, and a half guinea , the property of Mary Matthews , spinster , Nov. 15 .

Acquitted . +.

See her tried number 280 in the left mayoralty.

53. (L.) Charlotte Bannerman , spinster , Alexander Bannerman . and Richard Cooper , were indicted for, forging the last will and testament of Sarah Arrowsmith , with intention to defraud Linsted Reeves , and for uttering the same, as true, knowing it to be forged , &c.

On the counsel's opening, there appeared no foundation for a prosecution, and without going into the evidence, they were all three Acquitted .

54. (L.) Sibell Edmonds was indicted for obtaining a quantity of gold lace, the property of Thomas Gibson , and Co. under false pretences .

Acquitted . ~

55. (L.) Elizabeth Sykes , spinster , was indicted for stealing one gallon pewter pot, val. 4 s. the property of Hugh Evans , Nov. 28 . ~

The prosecutor keeps the White Swan and Sugar-loaf alehouse in Fetter-lane . Deposed to his gallon pot, which was produced in court.

Thomas Atkinson , who keeps another public house in the neighbourhood, deposed he met with the prisoner about 7 at night, on the 28th of Nov. with the gallon pot, she dropt it down, and ran away, he followed and secured her.

Guilty . T .

56. (L.) Richard Bains was indicted for stealing 4 pounds weight of sugar, val. 16 d. the property of persons unknown, Nov. 18 .

Guilty . T . ~

57. (L.) William Follit it was indicted for stealing 10 pound weight of sugar, val. 2 s. the property of persons unknown, Nov. 18 .

Guilty . T . ~

58. (L.) Samuel Brumage was indicted for that he unlawfully and knowingly defrauded Samuel Bellamy , of 96 pounds weight of iron nails, val. 42 s. by false pretences , Nov. 6 . ++.

William Goff . I am servant to Mr. Bellamy. ironmonger , on the 6th of Nov. the prisoner and 2 other coopers came to our shop, and asked for 12 papers of nails, in the name of Mr. Humphreys, their master; I weighted 96 pounds, they each took 32 pounds, and they carried them away, they all 3 said the nails were for Mr. Humpherys's. Mr. Humphreys is a sugar cooper, and has nails of us. Just as they were gone Mr. Humpherys's man came in and told me they were all 3 discharged from his master.

William Humphreys . I did not send the prisoner, nor either of the other men for nails, neither did they bring any to me on the 6th of Nov. they were discharged from my house the day before.

Joseph Stanley . I was in company with the prisoner and James Allen when we went to those nails, the prisoner had 4 papers delivered to him.

Prisoner's Defence.

I did not go into the shop, I stood at the door and when they came out Stanley put some papers into my apron.

Guilty . T .

James Farr , William Biddle , and William Sparey , capitally convicted last Sessions, were executed pursuant to their Sentence, on Wednesday the 10th of November.

The Trials being ended, the Court proceeded to give Judgment as follows:

Received Sentence of Death, 3; viz.

Ann Lyon , Robert Newington , and Elizabeth Goodman .

Transportation for Seven Years, 25; viz.

Elizabeth Bradford , Joseph Derbin , John Brooker , John Wells , James Wright , Elizabeth Sykes , Richard Banes , William Follit , Samuel Brumage , Ann Ward , William Lutwich , Henry Renshaw , John Kennick , Henry Smith , Daniel Moore , George Watson , Ann Clark , John Brown, Samuel Turner , Hester Berry , James Paterson , Martha Elliot , Martha Dowson , Grace Tasker , and Roger Morin .

To be Branded, 3; viz.

William Hallis , Elizabeth Ryder , and Ann Pettifer .

James Farr , William Biddle , and William Sparey , capitally convicted last Sessions, were executed pursuant to their Sentence, on Wednesday the 10th of November.

The foregoing Proceedings taken in Short-Hand by T. GURNEY, of Christ-Church, Surrey, Author of Brachigraphy; or, Short-Hand made easy, &c.