Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 December 2014), January 1763 (17630114).

Old Bailey Proceedings, 14th January 1763.

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 Friday the 14th, Saturday the 17th, and Monday the 17th of JANUARY.

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

NUMBER II. for the YEAR 1763.

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 Thomas Parker *, Knt. Lord Chief Baron of his Majesty's Court of Exchequer: the Honourable Henry Bathurst +, one of the Judges of his Majesty's Court of Common Pleas; Sir J. Eardly Wilmott ||, Knt. one of the Judges of his Majesty's Court of King's Bench; Sir William Moreton ++, Knt. Recorder; ames 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 sad 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 Haywood ,

Matthew Thornton ,

Thomas Brooks ,

Richard Horrabine ,

William Busick ,

Henry Little ,

Henry Collen ,

Robert Parke ,

William Burton ,

Charles Peach ,

John Hall,

Francis Fulmer .

Middlesex Jury.

James White ,

Benjamin Powles ,

Thomas Bishop ,

Henry Atkins ,

Henry Eades ,

Silver Crispin ,

Thomas Taylor ,

John Salkeld ,

John Roberts ,

Thomas Lovett ,

Samuel Packer ,

George Collins .

39. (M.) Sarah West , spinster , was indicted for stealing one pair of muslin ruffles, val. 1 s. one piece of muslin worked for ruffles, val. 1 s. seven muslin handkerchiefs, val. 10 s. four pair of cotton stockings, val. 4 s. one pair of cotton mittins, one silk handkerchief, half a yard of black sattin, two muslin caps, one gause cap, two cotton aprons, and one sword knot made of gold twist and silk , the property of Thomas Hill , Nov. 24 .~

Thomas Hill. I live in Chandois-street , the prisoner lived servant with me from the 17th of Sept. to the 23d of Nov. I had reason to suspect her robbing us, my wife had lost half a guinea out of her pocket from under the pillow, and we had found our drawers open, and missed money at several times; the prisoner was taxed with taking the money, she confest to the taking a half guinea; (that is not in the indictment) she gave warning to go away, and when she was going, I asked her for the key of her box, that I might see what was in it; it being too dark to look then, I let her take the key away, but she left the box; the next morning a woman, whom she called sister, brought me the key; the woman said she had forced the key from her, then we opened the box and found the things mentioned in the indictment, except the two cotton apron which were found by her direction at a pawnbroker's, mentioning them by name) then we sent for the prisoner, she owned they were not her property.

Q. What did you do upon that?

Hill. I did not send for a constable, my wife persuaded me to the contrary. She pleaded with and said she was big, and my wife being child herself, would fain have excused her it on her power, but I would not agree to it.

Q. Was there any money given?

Hill. I know no farther than what my wife told me, which was, that she had received 2 guineas and a half of the prisoner, for the money she had taken from out of the drawers.

Q. When was this told you?

Hill. My wife told me this some time after.

Q. Was she permitted to go away that day without being taken into custody?

Hill. She was, and she went to some house in the neighbourhood.

Q. How long might she remain in that house?

Hill. I believe it might be about a month before I took her up.

Q. When did you take her up?

Hill. I took her up the 27th of Dec.

Q. How came you to take her up then?

Hill. Because I could not be quiet in my house for her, she came abusing and threatening me, threatening to pull my sign down, and to get a constable for me, otherwise I should not have meddled with her.

Q. How does this agree with what you said your wife persuaded you not to prosecute her, and you would not agree to it?

Hill. Had she gone away I believe I should not have taken her up.

Q. What did you do with her when you did take her up?

Hill. I carried her before Sir John Fielding .

Q. Did you consent for her to go away?

Hill. I never did for or against it.

Q. Has this money been returned to the prisoner since?

Hill No, my wife has kept it.

Q. Did she own she had taken the things that were found at the pawnbrokers?

Hill. She did. They were found at Mr. Keats, a pawnbroker, in Charles-street, on the 23d of Nov.

Racheal Hill. I am wife to the prosecutor. I missed several things during the time the prisoner was with me, unknown to my husband, 14 handkerchiefs from out of my drawers, and a great many other things, and money at several times, half guineas at a time, and silver. On the day that she would go away, she came to me, and said, Here is the key of my box, see that I have not got any of your things. I called my husband, and said, Here is your maid going away, she wants you to look in her box. The woman that brought the key was there; she said, Sally confess, for I know you are a thief.

Q. When was this?

R. Hill. This was on the 23d of Nov. in the afternoon between 4 and 5 o'clock; before we knew what was in the box, she and the woman went up with my husband to look in the box. I staid below, they came down again, and my husband said it was too dark to look into it, and that they had not looked in it; they went away. The next day, that woman came with the key, and said she would have us look into the box, and certainly we should find some of our things in it, She said, She has been a notorious girl to you. She, I, and another woman, and a gentleman, went to the box; I opened it, there I found the things mentioned in the indictment, except the 2 cotton aprons, which were found at the pawnbrokers. ( Produced in court and deposed to) I desired the woman that she called sister to go and bring her; she did: then the prisoner went on her knees, and begged hard, and said, If I would let her go, she would go to Bath, and never come here any more. My husband and I had a great many words about it.

Q. What did she say about the two aprons?

R. Hill. She owned she took them out of my drawers, and pawned them for 4 s. with that money she bought a pair of shoes. I desired her to tell me, where my shifts and other things were, and said, if she would I would get her out of the way of her master. I said, how much money have you got? it is very hard I should be robbed in this manner; she said, she had none. My husband went to see his Majesty go to the house in his new coach, and in his absence they begged of me to take 2 guineas and an half, and the sister and she said, she would go out of London and never be seen here any more. After that she never would tell me where my things were, but came abusing me and my husband, and said, I encouraged her in this thing; then her master declared, he would not be kept off from prosecuting her any longer. I said, it would kill me to have her taken up; he said, if it killed me he would take her up.

Q. When did you first tell your husband you had taken the money?

R. Hill. I told him the same afternoon. He said, if I took an hundred guineas, he would answer to none of it, he would screen no roguery of that kind. What I did was out of pity; I did not think I was doing any thing amiss.

John M'dowell. I was present when Mrs. Hill opened the box, and saw these things taken out.

Alexander Grigg . I went to Mr. Keats's, the pawnbroker, with the prisoner, she demanded the two aprons, and they were delivered to her; they were owned by Mrs. Hill as her property.

Prisoner's defence.

I know nothing of the things.

Acquitted .

60, 61. (M.) Morris Delany , and John Collins , were indicted for that they on William Toulmin did make an assault on the King's highway, putting him in corporal fear and danger of his life, and violently taken from his person one silver salve-box, value 27 s. one guinea, one 18 s. piece, one quarter guinea, and 3 s. in money numbered, his property, and against his will . December 31 . +

William Toulmin . On the 31st of Dec. I was in a coach, coming from Wapping, about the middle of the new road that leads from St. George's in the East to Whitechapel . I was sitting on the right hand side, I observed a fellow running on the left hand side with a pistol in his hand, I conceived it was a foot-pad, I prepared to give him my money. He came and opened the coach-door, and demanded my money; I gave it him directly. There were some halfpence which covered the gold and silver; he said, you gave me nothing but copper, and threatened to blow my brains out, if I did not give him gold; I said, I had given him all I had. He threatened me thus four or five minutes. Then the other door of the coach was opened, and Delany appeared and put a pistol to my wife's breast, and threatened her and me too.

Q. Are you sure it was Delany?

Toulmin. I am, I swore to him before Sir John Fielding. As to Collins, I have no doubt of his being the other, by his since confessing the fact to me, and he being of the size of the man that attacked me first. As Delanywas holding his pistol to my wife, I shifted my seat, and addressed myself to him, and assured him, I had given his all I had about me, and that I had a case and snuff-box, which he was welcome to, be refused them; then I shewed him my silver salve-box, which he took. I had no sooner delivered it, but I heard a coach coming; Delany that the coach-door, and the other d - d the coachman, and said, if he did not drive on, he would blow his brains out; then he drove on.

Q. How long were they with you?

Toulmin. They were with us about five or six minutes.

Q. Was it light or dark?

Toulmin. It was an exceeding moon-light night, at past 7 o'clock, the moon shone in Delany's face, I saw his features so perfectly, when I was called upon before Sir John the next morning, I was positive to him. Collins there confessed the fact, and desired I would transport him. I was robbed on Friday evening, and I saw him at Sir John's on Saturday about 2 in the afternoon. My salve-box was there produced by a constable, and I swore to it; there is my name engraved upon it (producing it). I asked Collins, what share he had of the money? he said, he had only a quarter of a guinea.

Charles Robertson . I am a constable. I searched the prisoner Delany's room, when he was taken, I found this pistol under his bed, (producing a horse pistol) it was loaded.

Q. Where was this?

Robertson. This was at a house in Church-lane, Whitechapel. Delany said, he found the pistol and salve-box in the fields, before Sir John Fielding .

George Muslow . I was at the finding this pistol in the room where Delany was in bed; and after he was in the watch-house, the man that lives in the house where he was taken, came and said, he had a silver salve-box about him; we searched him and found this box (here produced) in his breeches, under his ham.

Q. Had you asked him before you searched for it, whether he had such a thing?

Muslow. We had, but he denied it.

William Witworth . I was the coachman that drove the prosecutor. I was waiting with my coach at his house in old Gravel-lane, and a boy came to me and said, Where are you going? I said, to Hackney; he said, Are you going with ladies or gentlemen? after I had answered him he went away, and in about 10 minutes came back again, and said, I wish you a good night; he went about forty yards, and one of the prisoners called him back, he said, What do you want? the man said, Come hither, I want you; the bo y went back to them before they were got by the horses. Mr. Toulmin's door was opened, they got into the coach, and I drove on; I saw the boy and them go along before me up the road, I drove a good pace, bye and bye I overtook them just by the crossing: Delany and the boy crossed over before the horses heads; something was said, I could not understand what, at last I heard Delany say stop, and pulled out a pistol, he came from the right hand side and made a snatch at my horse's head, he missed them, then he commanded me to stop; then Collins opened the door and demanded their money, they gave him some; I heard him say, here is nothing but a parcel of halfpence; Mr. Toulmin told him there was a guinea amongst it: then Delany goes and opened the other door, Mr. Toulmin told him he had given the other all he had, and that he had nothing more but a salve box, one of them took it, I do not know which, then they bid me go on; another coach was then coming down upon us: I walked my horses about 7 yards, they followed me with a pistol, and said, If I did not drive on they would shoot me; then I was obliged to drive on as fast as I could.

Q. Was it light or dark?

Witworth. It was light enough to see them both to know them; it was very moon-light, as light as ever I saw the moon shine in my life.

Q. What time was it?

Witworth. It was about 7 o'clock. The next morning I took another man with me, and went in pursuit of them: I went down Ratcliff-highway, and upon Salt-petre-bank, when I came near White chapel church, I saw a mob of people, I went to them, they said they had got a highwayman, and they had found a box upon him with Mr. Toulmin's name on it; said I, that is the man I want: I went into a room, there I saw Delany; I said, that was the man that robbed Mr. Toulmin last night.

Q. What time of the day was this?

Witworth. This was about 11 o'clock; this was at the man in the moon alehouse; he was asked where he was last night; all he said was, No matter where I was. After that I heard there were 2 more taken on new-year's-day at night. I went on the Monday morning to New-prison, and asked for the 2 prisoners that came in on the Saturday night; the keeper asked me which I wanted; I said, let me see them both, i'll tell you which I want; Collins was brought first, I said, that was the man I wanted, he robbed my coach.

Q. What did Collins say to that?

Witworth. He owned it. I said he was the man that took the money in his hat, he said he was the man.

George Lankford . Mr. Seward came to the watch-house and said, he had a suspicion there was a highwayman in his house. Mr. Robertson, I, and Mr. Mustow, went there and took Delany in bed, we also found a pistol under his bed. After we brought him to the watch-house he was searched, and we found this salve box in his breeches under his ham, he had been asked about the box before we searched him, and he denied having any.

John Seward. Delany came into my house about a quarter of an hour past twelve at night, the last day or the old year, he asked for lodgings.

Q. What sign do you keep?

Seward. No sign at all. He came by himself, he drop't a powder horn, and endeavoured to conceal it under a chair; as soon as he was gone to bed, which was about 2 o'clock, I took it up; I supposed him to be a foot-pad all the time he was sitting there, having seen a pistol under his arm. I went to the watch-house, and brought the constable of the night and 2 watchmen with me, and took him up on suspicion; the pistol was found under his bed, and was charged 3 fingers high.

Q. Did you know him before?

Seward. I never saw him before to my knowledge I had seen him have a silver salve box, he shewed it about the room, he said he was a doctor; we had some meat for supper, he was going to put some salve upon it, made me think he was no doctor. After he was carried from the man in the moon to the watch-house, I went there, and told them he had such a box about him, they searched and found this box, here produced, upon him.

Delany's defence.

I know nothing at all of it; I was at Stepney that day, I saw the powder horn, flask, and box scattered about, as if dropt by people that were in a hurry, they lay all together, and I picked them up.

Collins said nothing in his defence.

For Collins.

John Mading . I live at Tower-hill, and keep the cooper's arms, a public house; I have known Collins 3 years, he has been on board 2 vessels, he was a boatiwain's mate on board a frigate, he behaved very honest all the time I knew him, his father is one of the topingest men in Bristol, 2 silver-smith; I have trusted him at all times in my house; I never heard any one thing to his discredit before this.

Q. Did you ever see Delany and he in company together?

Mading. I have twice.

Q. Did you see them together on the 31st of Dec?

Mading. I did; they were at my house together that day in the forenoon drinking very chearfully.

Q. Did they go away together?

Mading. They did.

Q. Did Collins lodge at your house?

Mading. He had done, but he did not at that time.

Both Guilty . Death .

There was another indictment against Collins, for assaulting Jeremiah Keeble on the highway with instant to rob him.

See Delany tried number 90 in the last mayoralty, for breaking and entering the dwelling-house of Thomas Combe , and stealing goods to a considerable value.

62. (M) Mary Carpenter , spinster , was indicted for stealing one linnen cap laced, val. 1 s. one linnen frock, val. 8 d. and one check apron, val. 1 s. the property of Ann Jones , widow , Jan. 4 . ||.

Ann Jones . The prisoner lived servant with me: last Tuesday was a week, I went out about my business and left her at home, she went away and left my children alone; I missed the things mentioned in the indictment, and found my apron pawned at Mr. Hull's, and the cap and frock at Mrs. Allen's in Drury-lane. (The goods produced and deposed to)

Robert Hall. I received this apron of the prisoner at the bar.

Ann Allen . Christian Cannady pawned the frock and cap with me.

Christian Cannady . The prisoner at the bar sent me with the cap and frock to pawn.

Prisoner. I cannot deny but that I sent her with them.

Guilty 10 d. W .

63. (M.) Thomas Bryan , was indicted, for stealing one wether sheep, val. 18 s. the property of Simon Hillatt , Dec. 23 . ||

Philip Gasioyne . I live at Poplar . I was in my garden about 7 o'clock at night, on the 23d of Dec. I saw Mr. Hillatt's sheep running about the field, which is near my garden; I went and saw the prisoner standing against the fence, and a sheep between his legs: Mr. Floy was with me; I said, what is that man doing? he ran away directly, there was only a ditch between us, we pursued, and in about half a mile overtook him; we took him to Mr. Rogers's, who looks after the marshes, and left-him there, and went to the sheep; it was lying in the skin, which was taken off, and the head was in the ditch. Mr. Hillatt swore to the sheep: he had taken the sheep out of Mr. Hillatt's ground into a field next to it.

Mr. Floy confirmed the account given.

Simon Hillatt . I am a butcher . Mr. Rogers came to me the day before Christmas-day, and told me what had happened; I went to his house the next day, and found the skin to be a skin of one of my sheep; I took that and the sheep home, and took the prisoner before the justice; there he said he was drove to it by necessity; that he had a man with him who told him, if he would go along with him he would shew him where he should have mutton enough; that they went to my field and catched one and killed it.

Q. What was the sheep worth?

Hillatt. It cost me 18 s. I lost very little by it.

Q. to Gascoyne. Did you see any body with the prisoner?

Gascoyne. No, I did not.

Floy answered the same.

Prisoner's Defence.

I was coming from Deptford, crossing the river there is a foot way going to Poplar; I saw a man in the field, I asked him if that was the way to Poplar; when I was at the gate the man made away, I staid there about a quarter of an hour, then these 2 men came to me, I went from the place; and they catched me.

Guilty . Death . Recommended to mercy.

64. (M.) William Champ , was indicted, for stealing one black gelding, val. 10 l. the property of Richard Hutchins , Nov. 18 . ||

Richard Hutchins . I live at Little Chelsea ; on the 18th of Nov. I saw my black gelding in my ground, and the next morning he was missing; the gate, that had been tied with a rope, I found open, and the rope cut: I could get no intelligence of him till the Sunday sen'night after, then a woman came to me, and said a man told her he had heard Hcaworth waggoner say, the prisoner had been in the country, and sold a horse for half the value of him: the said, he comes up every Friday to the Oxford Arms in Warwick-lane, and that he commonly calls at the half-way house between Knightsbridge and Kensington. I went there, and met him: he told me, he had heard as she had said: I desired him to enquire farther about it the next journey; and, as I was there to meet him, it became dark, I went out to look if he was coming, there stood the prisoner, this was on the 10th of Dec.

Q. Did you know him before?

Hutchins. He has worked for me; I discharged him on the 15th of Nov.

Q. What did you employ him in?

Hutchins. In doing labouring business. I said, at you? He said, Yes, master; said I, you are the man I wanted to see. I took him into the house, and called for some liquor, and said, Now, William, tell me what you have done with my house; he said, Master, I know nothing of him. I said, I heard you had him in the country, and sold him for 3 l. 10 s. at Marlborough fair; he said, he sold one for that money, but that was not mine. I asked him, how he came by the money to buy that? he was at a loss for an answer. I took him into another room, then he said, if I could raise a little money, he believed he could fetch the horse he sold: I said, if it is not my horse what should I raise money for; he said but little to it. There came in William Marsh , the waggoner, then the prisoner said, I'll tell you the truth, it was your horse sure enough. Said I, what time did you take him? he said, about 10 at night. Said I, did you take the bridle and sadle first, or the horse first? he said, he took the bridle and sadle first, and rode him to Slough that night. I said, was he not lame, having lost a shoe behind? he said, he had him shoed there, and that he was not very lame. Then I got a constable, and took him to New-prison. I asked him, who he sold him to? he said, he did not know, but one Mr. Johnson was there at the time, and he knew the man very well. I went down in the country to Mr. Johnson as he directed; he recommended me to the buyer; the buyer told me he had changed him away, and went along with me to the man that had him, where I found him; It was one farmer Soaper, near Andover. We went before a Justice, there I swore to my horse, and the Justice ordered the horse to be delivered to me.

Edward Johnson . I live at Wanborough in Wiltshire. I was at Martin's fair at Marlborough, on the 22d of Nov. Mr. Laws had bought a horse of the prisoner, he scrupled paying him till he knew how he came by him; I said, I knew the prisoner's father to be a very honest man, and all his family, upon that he paid him for him.

Seth Lows I bought a black gelding of the prisoner at Marlborough fair; I took him home, and chop'd him away to farmer Soaper; it is the same horse that the prosecutor owns.

Prisoner's Defence.

I was going into the country, I met a drover coming along the road, I bought this horse of him for 3 l. and sold him again for 3 l. 10 s. the man seemed to be a good creditable man, and I did not dispute his honesty at all.

To his Character.

John Mears . I live at Westminister. The prisoner worked for me about two years ago, I know nothing amiss of him, he behaved very well.

Edward Johnson . The prisoner was brought up to labouring business, I have known him many years, I never heard a title amiss of him in my life before this.

Edward Clark . I have known him about two years, I looked upon him to be an honest industrious man, one who did the utmost he could to maintain his family.

Stephen Lever . He worked for me about two years ago for 3 months, he behaved very well, I never saw any harm by him, nor heard any till this.

Mr. Hutchins. I have known him two or three years, he worked for me the greatest part of the time; he used to live hard and work hard to muck up money to maintain his children. I believe this to be the first fact he ever committed.

Guilty . Death .

65. (M.) William Wood was indicted for stealing 40 pounds wt. of hog's fatt, val. 8 s. the property of Denny Price , widow , Jan. 8 . *

Rachael Robinson , servant to the prosecutrix, deposed, she met the prisoner (who was servant likewise to the prosecutrix) with a basket of fat on his head in St. John's-street, going from his mistress's house; she told her mistress of it.

Denny Price deposed, on Robinson's telling her of this, she went to Mr. Blower, suspecting the prisoner might have gone there with it, and found he had bought some sat of him.

Mr. Blower deposed, he had bought fat of the prisoner several times, particularly that day, 7 stone; that he brought it in a basket; that the prisoner at his first coming to his shop, which was about a month before told him he was a butcher, and lived at Barnet, that he kept Newgate market.

The prisoner in his defence said, the fat was given him by his fellow servant.

Guilty . T .

66. (M.) John Lacruce (a Black ) was indicted for stealing one glass-case, value 10 s. and 38 pair of silver shoe-buckles, value 10 l. the property of Jos Sutton , Jan. 6 . *

Jos. Sutton. On the 6th of this instant I had been serving a lady in my shop, I went out for change, it was in the dusk of the evening; coming back, the prisoner had got my shew-glass with the buckles, mentioned in the indictment, on it under his arm; seeing me, he let it fall; it did not fall into the street, but upon the iron which is on the out-side of the place where it stands to secure it, and the heaviest part of it fell within side; that the prisoner ran down Bedfordbury; I called, stop thief, he was taken and brought back, and had before Justice Fielding, who committed him.

Edward Pitt . I was going upon business, hearing Mr. Sutton (whose voice I knew) call, stop thief, and seeing the prisoner running, I pursued and took him.

Prisoner's defence.

Me no take nothing.

Guilty . T .

67. (M.) John Ward was indicted for stealing one red cloth cardinal, value 8 s. one green silk hat, value 6 d. and one silk handkerchief, value 2 s. the property of Ann White , spinster , Dec. 23 . *

Acquitted .

68. (M.) John West was indicted for stealing one cloth coat, value 4 s. the property of Cornelius Neal , Sept. 30 . ++

Cornelius Neal . The prisoner lodged in the same house with me. The day my coat was missing, he went off, and 10 days after he was taken, and confessed he took it.

Samuel Hager . I took in a coat of the prisoner, I am a pawnbroker. I lent him 4 s. on it. (Produced in court and deposed to.)

Prisoner's Defence.

I was going out in the morning and picked up the coat in the passage.

Guilty . T .

69. (L.) Thomas Matthews was indicted for stealing 30 hempen seed sacks, val. 20 s. the property of Robert Statfield , Thomas Pierce , and Eleonora Neal , Dec. 16 . ++

Acquitted .

70. (L.) Hans Eeg was indicted for stealing one silver mug, commonly called a quart mug, value 5 l. 5 s. the property of William Largent , in his dwelling-house , Dec. 14 . +

William Largent . I live at the Three Tuns in Fleet-street . On the 14th of Dec. Mr. Abraham Abrahams sent a porter to my house, to know whether I had lost a tankard; I found I had, I had not missed it before. I went to his house, there I found the prisoner and my tankard: he owned before me, he had taken it.

Q. Had the prisoner been at your house before that?

Largent. He had, he dined at my house almost every day, but I can't say I saw him at my house that day. I asked him if he had been drinking with any body out of my tankard, he said no, there had been 2 gentlemen drinking out of it, and he watched when they went away, and then he said he took it; (produced in court) here is my name engraved on the bottom of it, and that he took it that very afternoon.

Abraham Abrahams . On the 14th of Dec. the prisoner came to my house, and offered this tankard to me to sell, I looked at it, and at the bottom I saw the prosecutor's name and place of abode engraved; I looked at the prisoner and recollected I had seen him tried here before; I gave a signal to one of my servants to get a constable; when he was come, I asked the prisoner, how he came by the tankard? he said, it is no matter how he came by it, if you will buy it, I'll sell it you; he said, he had not stole it, but he had lent a person 4 guineas upon it. I said, pray tell me your name; he told me a fictitious name. I said, I had seen him at another place, is not your name Hans Eeg ? then he owned he stole it. He said, he had been up stairs, and there were two gentlemen there with this tankard by them, and when they went away he took it. I sent for Mr. Largent, he came; the prisoner begged very hard to be let go. The next day we took him before Sir Thomas Rawlinson , there he acknowledged the same, and said, that necessity drove him to it. In searching his pocket, I found this powder flask, and some powder in it. (Producing it)

Q. from the prisoner. Was there not a person with me when I first came to your house?

Abrahams. Yes, there was one Barnard, an acquaintance of his.

Q. How came you not to stop him?

Abrahams. I apprehended he brought him, thinking I would stop him; they had been in Newgate together, but the other was not there for a robbery.

Prisoner's defence.

The day before this thing happened, I met with Barnard on Snow-hill, I asked him, if he would take a walk with me; we went up Holborn together, he said, if I could get any old silver or jewels, he would buy them of me. I went to this house to dine; I staid drinking beer, I saw this tankard standing on the table, and being in great distress, I took it, and put it in my pocket, and went to Barnard with it; when I came to him, he said, he would not buy it, but he would go with me to a person that would buy it of me, and I was to give him a guinea. I went with it, and there I was stopt.

Guilty . Death .

See No. 277. in the last Mayoralty, where he pleaded guilty to an indictment for stealing a bond, lottery-tickets, and money to the amount of 600 l. and upwards, the property of Dorothy Bates .

71. (L.) Elizabeth Wilmot , spinster , was indicted for stealing one silver watch, value 40 s. one watch string and one seal set in metal, and one shoe buckle, value 5 s. the property of Philip Waters , Nov. 19 . +

Philip Waters . I was going to Hackney to see some relation there the 15th of Dec.

Q. Where do you live?

Waters. I live with Lady Essex. I stopped at London Wall with some acquaintance drinking. and got rather too much liquor; I wanted to take a coach in Bishopsgate-street, but could not get one. Going up Shoreditch , by the side of the houses, at about 11 at night, this girl stood by a passage, she asked me, if I would go into her room? I asked her, what kind of a room she had? she gave it a very good character, and said, she would use me very well. I went with her to her room, then she asked me what I would give her to drink? I said, what she liked she should have; she said, she would only have a quartern of gin. Then I said, I would go to bed; said she, you will pay me for the room first; I asked her, what she must have? she said, half a crown; I said, I would not give her above 18 d. she agreed. Then I went to bed, she began to undress herself, and I fell asleep in a minute or two I believe; then she took my buckles out of my shoes, my watch, and about 7 s. in money, and this hat that I have in my hand; one of the buckles was left under the pillow: when I awaked there was no body in the room.

Q. How do you know she took the things, you did not see her?

Waters. She was found drunk, rolling in the channel, a person went to take her to a public house, and the watchman hearing a knocking at a door, went and took her to the watch-house, as I was afterwards informed, there my things were found upon her. There came two watchmen to me and awaked me, I was surprized and did not know where I was; they told me, I had been robbed; I went to search my breeches, and found no money left; I went to the watch-house with them, and there I found the prisoner, my watch, one buckle, and my hat.

Mr. Blisset. I am constable. Between 11 and 12 at night, I think the 15th of November, two of our watchmen brought the prisoner into the watch-house, in a very dirty condition. I said, what have you brought here? We took her in; she had a black cloak or capuchine on, under which I saw a laced hat. I said, what have you got here? how came you by this hat? Said she, it is my husband's. Said I, is your husband a gentleman's servant? Yes, said she, but what is that to you? I said, I had a suspicion she had taken it from somebody, and ordered the men to search her pocket. She pulled out the key of her room. I saw the string of a watch hang out. Said I, you have a watch there. She said, yes, and what is that to you? Then in searching we found an odd silver buckle. I asked her where her husband lived? She said here and there, and gave very different accounts. Some of our watchmen happened to know that she lodged in Shoreditch, I sent them to find her lodging out, and gave them her key; they went and found her lodging, and this man in bed asleep, they brought him with them; he owned the things we found upon her. ( Produced in court and deposed to)

Q. What did she say upon seeing him?

Blisset. She said very little then; she had been very saucy when we took the things from her.

Q. from the prisoner. Whether I did not deliver them, and the key of the room to go and fetch the man?

Blisset. She did not deliver them, we took them from her; she gave me the key of the room to go and fetch her husband. When the prosecutor came, I asked him if this woman was his wife, he said, No.

Prisoner's Defence.

The man asked me to go for a pot of purl, I said I did not care to go to leave him in my room; he gave me the things out of his pocket, to satisfy me he would take nothing while I was gone, I could not find my own hat, he put his own hat upon my head; I went out, and got into company, and was ill used in the street; I had no occasion to be taken to the watch-house, I begg'd of the watchmen to take me there.

Guilty . T .

72. (L.) Mary, wife of - Prescote, otherwise Mary Prescote , widow , was indicted, for stealing 20 yards of silk ribbon, val 4 s. 6 d. the property of John Sage and John Turner , Dec. 20 . ||

John Sage . I live in Cheapside. On the 20th of Dec. about noon, I observed my son disputing with the prisoner at the bar; I went to him and asked, what was the matter; he told me she had taken 2 rolls of ribbon out of the drawer.

Edward Sage . The prisoner came into the shop on the 2th of Dec. and asked me to shew her some ribbons, I did; I saw her take 2 pieces, one scarlet, the other blue. When she was going out I stopt her, and asked her for the 2 pieces she had taken, and told her the colours; she gave me them back again, I brought her back into the shop

Q. Has your father any partner?

E. Sage. He has, his name is John Turner .

Prisoner's Defence.

I went in with intent to buy some laces, thread, and needles, I thought to buy a piece of ribbon for my child, I had them in my hand, they were not concealed at all.

E. Sage. When I charged her with the ribbon, she took them out of her pocket and gave them to me, first the one, then I asked her for the other, and she gave that to me also.

She called Mr. Ripley, Mr. Bray, and John Murphy , who had known her about 7 years, Sarah Plunket 10, Mary Warren , and Mr. Watson from a baby, Mrs. Parker 9, and Mr. Reynolds 15 or 16 years, who all gave her a good character.

Acquitted .

3. (L.) Thomas Burgess , was indicted for stealing one silver pint mug, val. 3 l. 15 s. the property of Robert Devereux , Jan. 6 . ||

Robert Devereux . I live in Church-lane St. Giles's, and am a victualler . I have known the prisoner some years, he has lived with me 3 weeks and 3 days on the 5th of this instant Jan. in the evening he left me; the same night at 11 o'clock I missed my mug: the next morning I got a horse, and rode out a little beyond Stratford, thinking I should hear of him; there had been a soldiers along with him that day, he had belonged to their regiment, and I heard they were going towards Colchester. I met a man driving of some sheep, I asked him if he had met such persons, he said he had not; then I turned back, and a little on this side White-chapel I met the prisoner and one of the soldiers; when I called to them, they seemed very much surprized, I asked them if they would drink some purl, as it was a cold morning; then I called the prisoner aside, and asked him what tricks he had played with my mug: he took me to Mr. Harding's, a goldsmith, in the Minories, there was the mug. (Produced in court and deposed to.)

Thomas Harding . The prisoner brought me this mug about 10 o'clock in the morning, on the 6th, and asked me if I would buy it, he pulled it out of his pocket in a handkerchief; I asked him, how he came by it; he said, his mother gave it him, and he had had it about 2 months; I asked him where he lived; he said, at Mr. Laett's, number 3, Orange-court, Drury-lane; I said, if he would bring any one to prove it was his property, I would buy it; I stopt it: he was gone not above half an hour before the prosecutor, he, and the soldier, came to the door; the prosecutor told me the same he has now informed the court; then I applied myself to the prisoner, and asked him if he had stole it, he said he did on the Wednesday between 4 and 5 o'clock. I then charged an officer with him, and he was taken before Mr. Alderman Cokayne, and committed.

Prisoner. I am guilty.

Guilty . T .

74. (M.) Joshua Pass , was indicted, for that he, together with James Dodd , not taken, did steal one pair of cloath breeches, val. 1 s. one silk waistcoat, val. 15 s. one check linnen shirt, val. 1 s. five pair of worsted stockings, val 1 s. two linnen pillowbiers, val. 1 s. and one white linnen waistcoat, val. 1 s. the property of Christopher Dench , Jan 3 . ||

Christopher Dench . of Tinmouth, master of a vessel that lay at Rotherhithe , deposed, that on the 3d of January his ship was broke open, and also his in the cabin, while the men were on shore) in which were the things mentioned, which were taken away. He went into Rosemary-Lane, and there found his breeches hanging at the door of one Judith Lane, and his stockings in her ship, which she said she bought of a sailor, and that he never had seen the prisoner on board his vessel.

Judith Lane deposed, she bought them of the prisoner at the bar, in company with two other sailors, and that her husband took the prisoner up afterwards.

The prisoner in his defence said, there were three other persons concerned in taking the things along with him.

Guilty . T .

75. (M.) Humphry Millar , was indicted, for stealing 3 trusses of hay, val. 4 s. the property of Samuel Pullen . Dec. 18 . +

Samuel Pullen . I live at Islington . I have lost hay, and suspected the prisoner and others: I took him before justice Palmer, he confessed he had robbed me of a great deal of hay. I believed him the honestest of all concerned, and was desirous he should have been admitted an evidence; but Lambeth being able to make the greatest discovery against the receivers, the justice thought proper to admit him.

William Lambeth . I was servant to Mr. Pullen. The prisoner and I took 4 trusses of hay, my master's property, and sold 3 of them to Mr. Gardner for 3 shillings, and gave the horses the other.

Prosecutor. I have grounds to believe, this fellow, the evidence, has drawn the prisoner and Gabriel into it.

Guilty . B .

76. (M.) He was a 2d time indicted, together with William Gabriel , for stealing 10 trusses of hay, val. 16 s. 8 d. the property of Samuel Pullen , Nov. 23 . +

The prosecutor could not prove Gabriel confessed taking any hay, and as Lambeth's evidence was not supported by any witness of credit, they were both acquitted .

(M.) Millar was a 3d time, and Gabriel a 2d time indicted, for stealing 6 trusses of hay, val. 10 shillings , the property of Samuel Pullen . Dec. 6 . +

Lambeth's evidence stood unsupported in this likewise.

Both Acquitted .

77. (M.) Ann Read , spinster , was indicted, for stealing one gold ring, val. 10 s 6 d. one pair of silver sleeve buttons, val. 3 s. 6 d. one silver shoe buckle, val. 2 s. one 6 s. 9 d. piece of gold, and 4 s. 6 d. in money numbered , the property of Joseph Farrand , March 20 . +

Elizabeth Farrand . The prisoner at the bar was coming by our door in March last, I cannot tell the exact day, it was in the morning about half an hour after 6 o'clock; she asked me if I would have my fortune told, I said, no; I was opening my windows, she said, there is your sweetheart coming; she told me she had a great deal to tell me for my good; I would have nothing to say to her; I went in and lighted my fire and made my kettle boil, and going out for some sugar I met her again at my door, she said, Young woman I have been home and examined my books, and find there is a great deal of money hid in your house; said I, I do not believe there is; said she, I am no jew, nor no gypsey; I am the 7th daughter of a West India woman, and I wish the d - I may take me alive, and that God may never receive my soul into heaven, if I am not telling you the truth. I was going to shut the door, to shut her out, being frighted, she laid hold, and held the door as I pushed it; she said, but well young woman I am with child, and I wish the child and I may never be parted if I am not telling you the truth. I thought no human person could make such protestations, and wish such wishes to what was false; so I took her in, then she said, there was a captain died and left a great deal of money, and it is in your house; and before she told me, I must tell her what money I had about me; I pulled out some money, she said she knew I had that, but that was not all that I had in my pocket, that I had got there something more either silver or gold; I having broke one of my silver buckles and sent that to be mended, I had the fellow to it in my pocket, I thought then she did know a great deal, I took it out, said she, now is here all. I said, yes it is; she said, do you think you can borrow any thing of your neighbours, for the larger sum you shew me the larger sum you will find; I said, I could not borrow any; then she said, well, child, you must look at me; I shall not hurt you, or take any thing from you, I must touch every thing, or I cannot command the planets; (look at me) it will be a great deal of charity, for by this you will relieve a soul out of purgatory that has been there ever since the last war: what is the ring worth. (Look at me) Thus she kept saying look at me. I said it cost half a guinea; she said, will you be true to me, for if you tell, it will be taken from you, and delivered up to the king; you must give me a fourth part of what you find, pray don't hide it from me. I told her I would give it her. Then she kept me in discourse, you must look at me, and at the same time kept taking away the things from out of my hand, and when she had got them she made off as fast as she could; when she was going off I gave a shriek, nobody heard me till she got out at the shop door, then one of the men came down, and ran up one street and down another but could find nothing of her. About a month or 5 weeks ago I was going to my work in Purple-lane.

Q. What is your business?

E. Farrand. My husband is a cabinet-maker, and I work at the upholstering business. I met her, I was afraid to accuse her, till I was sure it was the same woman; I passed by her, my husband was then in the shop, I called to him to follow me; I followed her, and said, pray, mistress, can you tell fortunes? Yes, said she, who told you I could tell fortunes? I said, I know a person that you did tell her fortune; said she, pray, where is the young woman? I said, in this parlour; said she, tell me where I must come, and I will come, when I have had my breakfast; then I said, it was at that time you took such and such things from me. She began to run; there were several assistance came, and my husband came also, I desired them to call a constable: she threatened to knock me down, and held up her hands to strike me, and said, if she did not do for me then, she would do for me. So I went home. The next morning I was going to my work again, she ran out of the same chandler's shop, she was going to before, I heard her say, O! she is here. My husband was before me. She ran after me, and cuffed me, first on one side of the head, then on the other; I screemed out, and before my husband could come to me, she fastened her hands in my hair, but she got away again. I went to Justice Welch and got a warrant; I found out where she lived; she had lived with a man, but had left him, and now she lived with a blacksmith. That blacksmith desired me to come and talk to her; so I went to her where she was, at the Crown in Chick-lane, one night, there she got about twelve old cloath's women, to make me believe it was not she. There was a gentleman got me out and said he would have me make the best of my way home, for she belonged to such a gang that would kill me. Then another said I had better take her up, for he had heard one of her gang say, she was guilty, for he heard them say where she had pawned the things.

Prisoner's Defence.

This day 5 weeks, as I was going about my business, I met that woman, she charged me with robbing of her 8 months ago. I am an old cloath's woman; I said, do you know what you are about? She went away; I staid at home all day. The next morning I met her again; I said, mistress, are you looking after me? I am not gone out of the way; are you sure I am the woman that robbed you? Said she, you are the woman; I said, here I am, I shall not go away from you. She took and tore my cloak from my back, and brought a man up directly to knock me down. I went away, and she to get a warrant for me; but before that, she said, she would have a guinea from me for what I had done to her. I knowing myself innocent would not give her a farthing. I never saw her before in all the whole course of my life, as God is true. Finding I would not give her a guinea to make it up, they charge me with a robbery. She came to me in Newgate last Wednesday to ask me for a guinea to make it up. I am as innocent as there is a God in heaven; I never saw her with my eyes before, as I hope God shall be my witness.

For the prisoner.

Luke Hollis . I was drinking a pint of beer in a public house, where the woman (meaning the prosecutrix) came in, and I understood, there had been a quarrel between them. She said, if she would give her a guinea, she would drop all proceedings, and have no more to do about it. (I say no more than I know.) The prisoner lives just by me. She made answer, it was not in her power to give her a guinea, or any thing like it.

Q. Where was this?

Hollis. This was at the Half-moon in Purple-lane.

Q. to prosecutrix. Was you at that house with the prisoner and made that proposal?

Prosecutrix. I never mentioned such a thing in my life, neither did I ever see the prisoner there in my life, nor did I ever see this witness at the Half-moon in my life.

Q. Was you ever in at the Half-moon with the prisoner?

Prosecutrix. No, I never was in my life.

Q. to Hollis. Are you certain what you have said is true?

Hollis. She made this proposal to Read the and to the prisoner, that she would take a guinea, if he would give it.

Q. to prosecutrix. Did you make such a proposal to the prisoner's husband?

Prosecutrix. He called to me one day as I was going by, and said, he hoped I would consider and not hurt her. I said, Mr. Read, she has hurt me, for I had the misfortune to hurt my arm in the struggle, and I was out of work about a week. He said, if 4 or 5 s. will make you satisfaction, he would do it. I said, no, Mr. Read, I will do no such thing; I said, my husband had strained his wrist just before, and it lies very hard upon me to prosecute her, and I must be obliged to pawn my cloaths to do it.

Q. Did you tell him, you would make it up for a guinea?

Prosecutrix. No, I did not; I said, my loss was a guinea.

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

Hollis. I never saw her ten times in my life.

Mary Harney . I have known the prisoner about 5 years, I never knew any harm by her in my days, she has had pounds of my money.

Q What is your business, and where do you live?

M Harney. I go out a nurse-keeping. I live in Red Cross-street. When the prisoner was taken before the sitting Alderman, the Alderman said to the prosecutrix, did you want to make it up? she said, yes, I did, for a guinea, and I thought my loss little enough for a guinea.

Ann Page . I keep an old cloath's shop in Field-lane. I have known her upwards of 3 years, she is a very honest woman as far as ever I heard; I have laid out many a pound with her; she buys and sells old cloaths.

Q. What is her husband's name?

A. Page. I do not know indeed. I know nothing of her only coming backwards and forwards to my shop to sell old cloaths.

Elizabeth Gwyn . I am an old cloath's woman. I have known her between 4 and 5 years, I never knew her for one thing nor another, but only a good just woman; she has had pounds of my money in the reverence of business, and always brought a just and tree account.

Q. Is she a married woman?

E. Gwyn. She is

Q. What is her husband's name?

E. Gwyn. He is named Read, but I can't tell his Christian name.

Q How long has she been married?

E. Gwyn. About 3 quarters of a year.

Q. Had she a husband before?

E. Gwyn. She was married to one Risdon before. She lives now in Purple lane.

Q. Is he alive or dead?

E. Gwyn. He is dead I believe; but I can't tell nothing of that.

Q. What countrywoman are you?

E. Gwyn. I come from Birmingham.

Guilty . T .

78. (M.) William Redbrook , was indicted for stealing one pair of leather breeches, val. 5 s. the property of Thomas Davis , Dec. 21 . ||

Thomas Davis . The prisoner was billetted at the house where I live, the King's-head at Harrow . After he was gone away on the 22d of Dec. I missed a pair of leather breeches from my bedside; he coming through my room from the room where he lay, I suspected him, followed and brought him back with the breeches upon him. He said, he had done the fact, and must suffer for it.

The prisoner said nothing in his defence.

Guilty . T .

79. (M.) Ann, wife of John Preston , was indicted for stealing one linnen gown, value 10 s. six silver tea-spoons, value 6 s. one pair of silver tea-tongs, value 4 s. one silver straines, value 1 s. and one silver table-spoon, value 4 s. the property of John Counst , Jan. 10 . ~

Acquitted .

80. (L.) William Easten was indicted for stealing 20 pounds wt. of sugar, value 5 s. the property of John Pyke , Nov. 30 .~

William Painter , servant to John Pyke , deposed, he saw the prisoner take a quantity of sugar, about 20 pounds wt. out of a hogshead, the property of his master; that he was taken with it. (Produced and deposed to.)

Guilty . T .

81. (L.) John Cox , was indicted for stealing 6 pounds weight of sugar, val. 18 d. the property of persons unknown, Dec. 14 . ~

Thomas Gregg , a gangs-man at Buttle wharf , deposed the prisoner came to ask for work on the 14th of Dec. there was no business for him; that he took an opportunity of taking about 7 or 8 pounds of sugar from a hogshead, and put it into the lining of his coat; that he detected him, and took the sugar from him.

The prisoner in his defence said, he picked it off the ground.

William Smith , who had known the prisoner about a year, said he was a very honest man, he made bricks in the summer, and did other labouring work in the winter; and that he then had his wife and 4 children ill of the small pox, and that he was in great distress.

Elizabeth Compton , who had known him about a year and a half, said he was a very honest endeavouring man.

Guilty . B .

82, 83. (L.) Catherine Haines , was indicted, for that she, together with Mary Holmes , Sarah Edwards , and Ann Thompson , not taken, did steal 2 bank notes of 50 l. each, and another of an hundred pounds, 7 guineas, 2 duckets, and a silk purse, the property of James Colhoun , privately from his person . And James Haines . her husband , for receiving the 3 bank notes, well knowing them to have been stolen , Dec. 13 . *

James Colhoun . On the 13th of Dec. I went to Mr. Colcroft's office in the morning, and received of Mr. Roberts 3 bank notes, one of 100 l. and two 50 l. each; I wrapt them together, one of the 50 l. notes was on the outside, which was indorsed on the back with Mr. Colcroft's name, number 149. Returning into the city about midnight, much in liquor, I went with a woman nam'd Mary Cartwright , to the house of the prisoners in Fleet-lane ; we remained there about an hour, then 4 women came into the room in a riotous manner, the prisoner Catherine Haines was one of them, 2 of them pushed down the chair in which I was sitting, and the other 2 forced Mary Cartwright out of the room. A few minutes after this, upon hearing a great disturbance and noise in the lane, I went out of the house into the street, I had not been gone far when I missed my purse; I returned to the house, and there I found Mary Cartwright , the constable, and watchmen at the door, but we could not get admittance, the door was fast; the watchmen got it open some time after, but there was nobody in the house but an old servant woman, she was taken to Wood-street-compter, and about 10 or 11 o'clock in the morning the 2 prisoners were taken by the constable, and carried before Sir Charles Asgill sitting Alderman at Guildhall, there I charged them with my notes and money, they both of them denied knowing any thing; after that he was sent for from the Compter before Sir Charles, there I heard him confess he received the 3 notes from his wife in a house in Fleet-lane adjoining to his own, they and my purse had been found upon him before I came there, I think he said he received them of her in the night time; I think he added, that he said to his wife and the others, that they must give back these notes. Sir Charles then committed him to Newgate.

Q. Do you remember you on any occasion produced your purse while in the prisoners house?

Colboun. Yes, I did 2 or 3 different times, to pay for some negus, and some money that the servant demanded of me soon after I went into the room.

Cross Examination.

Q. Was you much in liquor?

Colboun. I was.

Q. When you was first before Sir Charles Asgill , did you remember the woman at the bar to be one of the women?

Colhoun. Yes, I did, immediately upon seeing of her I knew her to be one of the 4 women that came into the room.

Q. When the constable and you went to apprehend her, did not you say upon seeing her, you did not know that woman?

Colhoun. I told him then she was one of the 4, and bid him apprehend her, and said she was a person concerned in it, and I swore with great certainty that that was one of the women, before Sir Charles Asgill .

Q. Who is this Mary Cartwright ?

Colhoun. I know nothing of her but being a girl of the town that picked me up.

Q. Where has she been since?

Colhoun. She has been under the care of one of the constables, in order to give evidence here.

Mr. Sabertine. I am a cashier at the bank of England; this note I signed, (holding the 100 l. note in his hand) and the other two 50 l. notes I believe to be Mr. Tomlinson's writing on them.

Q. Have you seen Mr. Tomlinson write?

Sabertine. I have several times.

Mr. Atkerson. On the 13th of December this draught was brought to me, for the payment of a thousand pounds; I am cashier for Mr. Hoar, I paid 700 l. in bank notes and 300 l. in money, these 3 notes here produced were part of the 20 l.

Mr. Roberts. I am cashier to Mr. Calcrost. I received 700 l. in bank notes of Mr. Hoar, on the 13th of Dec. I paid 200 l. of these notes, one of 100 and two of 50 l. each, to Mr. Colhoun.

The bank notes read.

N 196, B. signed Tomlinson, for 50 l.

N 224, C. signed Tomlinson, for 50 l.

N 130. C. for 100 l.

Q to the prosecutor. Can you undertake to say when you pulled out your purse you put it into your pocket again?

Prosecutor. I am very sure I did. I was not intoxicated so far as not to remember that; I remember it exceeding well.

Q You say you was very fudled when you went into the house, was you not more so after you was there?

Colhoun. I was a good deal better after I was there than I was when I went in.

Q. Are you certain you did not drop your notes out of your pocket?

Colhoun. I am very certain I did not.

Q. Did not James Haines say Mary Holmes gave him the notes?

Colhoun. He once said one of the women gave them to him, and once he said his wife gave them to him.

Q. Was he in liquor at that time?

Colhoun. He pretended to be in liquor, and I believe he was in liquor.

Q. Had you any particular specie of money about you?

Colhoun. I had 7 or 8 guineas, and 2 German ducats, these were in my purse; I had some silver in my pocket, but I had given that away, and had occasion to change some gold.

Mary Cartwright . On the 13th of Dec. last, about 12 at night, I met Mr. Colhoun on Ludgate Hill. I asked him to go and give me a glass of wine, he told me he would; I carried him down Fleet-lane, to James Haines 's house in that lane, we went up into their one pair of stairs room, he called for an 18 d. negus, their servant maid brought it up; Mr. Colhoun gave her a 5 s. 3 d. piece to change, she brought it up very honestly: the gentleman and I made an agreement to go to bed, he gave them half a guinea to change, and they took a crown for the bed: they brought up another negus, we had had several negusses I was undressing myself to go to bed, I had my gown and stays off, and Mrs. Haines and her servant maid Sarah Edwards , Mary Holmes , and Ann Brown ; Holmes goes sometimes by the name of Elizabeth, and Brown goes by the name of Ann Thompson, they 4 came up and rushed into the room upon us, Mrs. Haines and her maid pushed me out of the room, and the other 2 were with Mr. Colhoun, they flung him on the bed before I could well get out of the room. I ran with my gown, apron, and stays, on my arm to the watch-house, and got the constable and watchmen with me, but coming along there was murder cried in the lane, they stopt, and went into the house where it was called, then they came out, and we met the prosecutor, he said he had been robbed of his money, and 3 bank notes. for 200 l. 2 of 50 l. each, and 1 of 100 l.

Q. Did he mention what money he lost?

M. Cartwright. He said about 8 l. in cash, and 2 ducats. We went to the door and knocked a great while, and no body at all answered, then we went back again to the watch-house, and about half an hour after 3 I insisted upon the door being broke open, they went and broke it open, and there was only an old woman in bed with a child; I insisted upon her going to the compter along with me; and in the morning came Jemmey Haines to me in the compter, he said, if I would be quiet and easy he would give me snacks, and if I would not be quiet and easy he would lagg me.

Q. Did you understand the meaning of that?

M. Cartwright. That is, as they told me since, to hang me. I said, I did not care, what I had said I would stand to, and what I was about I would go through with; presently after he and his wife were taken and carried to Guildhall, and I was fetched from the compter, there I gave the same account as here.

Cross Examination.

Q. Was Mr. Colhoun in liquor when he and you went into the prisoner's house?

M. Cartwright. He was.

Q. What quantity of liquor might you have there?

M. Cartwright. We might have 4 or 5 bowls of liquor.

Q. How long was you there together?

M. Cartwright. It might be 3 quarters of an hour.

Q. Did he drink pretty plentifully?

M. Cartwright. We drank to one another.

Q. Was he better or worse in liquor before you went away?

M. Cartwright. He was in liquor when he went in, and he was pretty much in liquor when I went away.

Q. Had you seen him take his purse out of his pocket?

M. Cartwright. He had drawn his purse out twice.

Q. Did he reel or stagger?

M. Cartwright. A little in the drunken way.

Q. Was he very well capable of knowing what he did?

M. Cartwright. Yes, he was pretty capable of knowing what he was about.

William Dolman . I was constable at that time, it was my watch night. On the 13th of Dec. when the last evidence came to the watch-house, we were going to Haines's house, we heard murder cried at the next door, or a door or two from his house; we went in there, but we staid there a very little time, then we went to the watch-house, and then to Haines's house, there we found nothing but an old woman and a child: when it was morning, the prosecutor came to my house, about breakfast, and said, will you go down to see after these people? I went with him, we found Mrs. Haines first, and after that the man; we brought them before the sitting Alderman, and one was put into one compter, and the other in the other. Coming back the beadle asked me for something to drink; somebody said, a very foolish constable not to search them; then we went to Sir Charles Asgill , and asked if we should search them; Sir Charles ordered them to be brought down; the man was searched there, and 2 bank notes were taken out of his mouth, and the other out of his hand; (these are them which are produced here) the 2 bloody ones were taken out of his mouth, Sir Charles's servant say them taken out of his mouth as well as we.

Cross Examination.

Q. Was the prosecutor certain as to the woman at the bar?

Dolman. He was, and he swore to her as one of the four.

Q. When you first apprehended her, was he certain then?

Dolman. He was, and said, she was one of the women that was in the room.

Edward Draper . I am one of the warders of St. Sepulchre's parish, I was assisting the constable. After the prisoners had been examined and committed by Sir Charles Asgill , we came to the Red Lion in Fleet-lane, Mr. Dolman told me, he had heard Haines had got the notes about him. We went to Sir Charles again, and he gave orders to have him brought to him again. He was brought. Sir Charles asked him several times to deliver the notes up; he called God to witness, he knew nothing of them. Sir Charles ordered us to take him into another room and search him. I had hold of his breeches, and heard something crime in one of his hands: I forced his hand open, and took out that of 50 l. dated the 18th of Oct. I took out half a guinea from his breeches pocket; at that time one of Sir Charles's servants, or one of the company, said, he has got something in his mouth; I seezed him by his jaw, I saw him turn up his tongue in order to swallow something, I clapt my right hand to his throat and my left behind his neck, and squeezed him till two notes came up out of his throat. (He takes them into his hand, they appeared very bloody.)

Cross Examination.

Q Did not Mrs. Haines promise to find out the people that were in the room?

Draper. I do not remember hearing any such thing.

Henry Lions . On the 14th of Dec. at night. Mr. Dolman came to me and said, he had an order from Sir Charles to bring up the man at the bar to have him searched. I went with him. Sir Charles asked him some questions; after that, we were ordered to search him. We went into another room. The beadle said, he had got something in his mouth like a chaw of tobacco; we catched hold of his mouth, and squeezed his throat, and took two notes out of his mouth, and we found a 50 l. bank note in his hand, and I found this red purse in his waistcoat pocket ( producing one).

Prosecutor. This is my purse, and it was taken out of my pocket with my money in it that night.

Catharine Haines 's Defence.

I know nothing at all of the matter, no farther than I was drinking with my friends at the Orange-tree in Fleet-lane. My maid came and told me, there were people in the house. I went up stairs, hearing Cartwright scolding and mobbing in the room; I said, I wish you would go about your business, I do not understand why you should make a noise in my house. She went down and out of the house. I never laid my eyes upon the gentleman; I only went to the room door.

James Haines 's Defence.

I know nothing about them, only when I came home between 4 and 5 in the morning, I went to pull the bed-cloths off to look for my watch, these papers fell upon the ground, I took them up and put them into my pocket; looking for a chamber-pot, I saw a purse, I took it up and said, here is a purse, but no money in it. When Sir Charles Asgill said, if you know any thing of these notes, now is your time to save yourself. I put them into my mouth. John Miller was in the room when I found the notes and purse.

He called Richard Young to his character.

Richard Young . I live in the Fleet market. I have known the prisoners 5 or 6 years; they keep a notorious bawdy house, and are people of very bad character.

Catharine, Guilty of stealing, but not privately from his person . T .

James, Guilty . T. 14 .

There were three people ordered to be prosecuted for offering money to the evidences for them not to appear, &c.

84. (L.) William Autenreith , was indicted, for that he on the 27th of Oct. about the hour of 2 in the night, on the same day, the dwelling-house of Peter Henry Alexander Laprimaundaye , did burglariously break and enter, and steal 4 silver candlesticks, 1 silver sugar basket, 1 silver cream pot, 3 silver castors, 1 silver stand, 4 silver salt-sellers gilt, 2 other silver salt-sellers, 22 silver table spoons, 1 silver soup ladle, 1 silver mug, 1 silver sauce boat, 5 silver waiters, 1 silver coffee pot, 1 silver strainer, 3 silver soup spoons, 1 piece of silver, being the bottom part of an inkstand, 30 silver handle forks, 30 silver handle knives, and other plate, in the whole to the amount of 177 l. in the dwelling-house of the said Peter Henry Alexander . +

John Chapman . I am apprentice to Mr. Wm Smith , Goldsmith, at the Blackmoor's-Head in Cheapside. The prisoner came to our shop on the 6th of December last to sell 3 table spoons; I imagined they were stolen by the marks being erased out. My master bought them, and then sent me with the prisoner to get intelligence of him who knew him, and then to pay for it, and to see; more such spoons, which he said he had at home. He said his name was Reed, and that he lived in Cree-church-lane.

Q. Did the prisoner know the purport of your going with him?

Chapman. He did. As we were going along Cheapside near Bow church, he said to me, If you'll go back, and tell your master you have seen the 3 spoons, I'll give you a shilling. I said, I could not do that. Then he said, If I saw any people in the room, not to say what I came about, for the people would think him poor to sell his plate. I went with him to the sign of the Cock in Cree-church-lane, there he seemed to be very well known; he took me up stairs into a room, and went from me, and returned again in a few minutes, and brought 3 spoons answerable to ters with the engraving taken out. I did ny them, but paid him for the others, and returned home, and told Mr. Smith what I had learned: (he produced 2 table spoons, the Jury inspect them) these are what we bought of him. There were several people at the Cock that knew him, as appeared by their making obeisance to him; he seemed to be respected as a gentleman.

William Smith . I live with Mr. Crocket now: I did live with Mr. Laprimaundaye at the time of this robbery. I was entrusted with the care of his house. I left the doors and windows fast when I went to bed. I cannot tell the day of the month, but it was the night before we discovered the robbery.

Q. How long may it be ago?

Smith. It may be about 2 months ago.

Q. Where was your master's plate the overnight?

Smith. In the pantry, the proper place for it to be in. (A large box full of plate produced in court, with the plate as mentioned in the indictment in it. He looks at the plate.) These are my master's property, and were there at the time I have mentioned. I know them by my master's crest, and the marks on them.

Q. Look at these 2 spoons. (The spoons produced by Chapman.)

Smith. I can't swear to these, the engraving being taken out.

Q. Who was the first person up the morning that the plate was missing?

Smith. The maid was; she said, you have left the pantry door open; I said, no. I went and found it all in confusion, then I went and found the parlour window open, then I went and called my master, I told him we were robbed; he came down and saw what was done, and sent me directly to the silversmith.

Q. How many men servants were there of you?

Smith. There was only one man servant.

Peter Henry Alexander Laprimaundaye . I have examined this plate, it is all my property. In the morning my servant came and called me, and told me we had been robbed; upon that I immediately sent him to Mr. Courtwould my silversmith, and to Mr. Bearance, who had been lately robbed in the same manner, to know what steps I should take; after that I went to justice Welch to take his advice, he advised me to have them advertised, which I did, and after that I advertised them in the gazette, and procured a pardon for any one concerned in the robbery that would discover it, with a reward of 50 l. but I could get no intelligence of my plate, till Mr. Smith, the goldsmith in Cheapside, came to my house, and produced to me 3 table spoons, which he said one Mr. Reed sold to him.

Q. When did you lose your plate?

Laprimaundaye. I lost it between the 26th and 27th of Oct.

Q. When did Mr. Smith come to you?

Laprimaundaye. He came on the 6th of Dec. in the afternoon, he produced the same spoons to me as his servant Chapman has here. I having part of my plate by inheritance from my mother, I knew there was some spoons among my relations of the same make; I sent to a relation, who sent some on the 9th of Dec. I sent them by Mr. Courtwould to Mr. Smith to compare them. He is here, and will give the court his opinion upon them.

Q. Can you form any judgment whether these 2 spoons are your property?

Laprimaundaye. They exactly tally'd with them which I sent to Mr. Smith's. I came here on the 9th in the afternoon for a warrant to Sir Thomas Rawlinson , to be executed the next morning in searching this Reed's house. Then I, Mr. Bearance, Mr. Courtwould, Mr. Chapman, and Mr. Nash and Mr. Gardner, 2 peace officers, went according to the directions given to find out Mr. Reed in Cree-church-lane: Mr. Bearance went first to enquire, at last we found a shoemaker, that Mr. Chapman had seen to bow to this Mr. Reed, and Mr. Bearance being a German, and by favour of the German language, got out of the shoemaker (who I think was a German too) where this Reed lived, which was near the halfway-house in Stepney fields, the shoemaker said that he went by the name of Autenreith. I went with Mr. Nash to justice Quarrel, and he back'd my warrant. We went and found he lived next door to the half-way-house; then Mr. Bearance went first to get admittance into the house; after he was in, he sent for me and Mr. Courtwould; when we came in we heard a noise, I looked out at a window and saw the prisoner jump out at another window; then I immediately called out he was gone; we ran after him, and cried out, stop thief; Chapman ran and overtook him and brought him back. In looking about his parlour, after we brought him back, we saw in his beaufet a silver salt seller, on which my arms had been, and were then filed off; the silversmith, Mr. Courtwould, said he would swear to it to be my property: after that was found we went up stairs into his bed chamber, there were 2 chests of drawers, Mr. Gardner shook one of the upper drawers in one of the chests, we observed something to rattle in it: I asked for the key of that drawer, his wife and sister-in-law were present, they said they had no key to the drawers, I insisted upon their finding the key, they found it, and on the opening it we found several forks belonging to me, with my crest upon them.

Q. Who found the key?

Laprimaundaye. I cannot say who found it. We looked further into the drawers, and found some filings of silver, and files and other instruments made use of by silversmiths, and a small crucible; (the f ilings, tools, and crucible produced in court) after that I opened another drawer, and found all the large plate. I found all my plate again, except 19 table spoons, and 10 tea spoons. After that we brought the plate down, and took an inventory of it; the prisoner seemed very much surprized when we brought the plate down, he asked who it belonged to; I said, to me: he seemed in a very great consternation, and said, he was very sorry any such thing should happen; then we asked him how he came by it, he said one John brought it to him about a month before, and described him as a livery servant, that he became acquainted with him at the house of one Spencer, at the Grey-hound in Grub-street.

Q. Did he mention a sir name?

Laprimaundaye. No he did not; he said he had seen him about 10 days before: he said, this John brought it to his house, and begged of him to take it in, and that it belonged to a captain of a ship that was afraid of an execution the next morning, and he wanted to secure it to live upon afterwards.

Q. Where is your house?

Laprimaundaye. My house is in Angel-court, Throgmorton-street.

John Bearance . I was called upon on this occasion. I having before been robbed of a quantity of plate, and living very near the prosecutor, we have taken a great deal of pains to find it out, but unsuccessful, till the 6th of Dec. then he came and told me, two table-spoons had been brought to him by Mr. Smith in Cheapside, and compared them with others that came out of the same family, and found them to be his own. I advised him to go to Sir Thomas Rawlinson , and get a warrant to search the prisoner's house that brought the spoons to Mr. Smith; he said, he betrayed himself to be a German by his language, and lived in Creechurch-lane. I being a German, thought it was probable I might be of use in detecting him. We went, two constables, Mr. Chapman, him and I, to Creechurch-lane. I went first with one of the constables to inquire for him by the name of Reed. The people in the neighbourhood said they knew no such man, but upon Mr. Chapman's saying, he saw him bow to a man that lived thereabouts, I found the house and knocked at the door, I asked the person, if he knew one Reed, and if he lived in that neighbourhood? his answer was, he did not know such a person, but upon finding him a German, I accosted him in that language; he said, if I meant Autenreed, he lived in Stepney fields. Then I inquired about his family, and whether he lived at a public or private house? We then went to Stepney fields to the half-way-house, a public house; there again, upon inquiring after one Reed, whether he lived there, it was told us by the landlord, that he did, and he sent his maid to know, whether Mr. Autenreith was stirring, or not? I thought he might suspect something by seeing a number of people, I said I should be glad to know what apartment he had in his house; then he said, he lived at the next door. Then I desired Mr. Courtwould and Mr. Laprimaundaye to stay there and let me go to the house alone, and not to come to the door till I was got in. I went, the parlour window was open, I saw two women in the room, in their undress, as if just come down from bed. Upon my inquiring, whether he was at home? they said, he was not at home; and as I affected to speak broken English like a German, and speaking something about a letter I had to deliver to him, I prevailed upon the women to let me know he was at home in bed, and was getting up. It being cold, they asked me to come in; when the others saw me make a good entrance into the house, they were to come; Nash was close at my elbow; they all came. The women were surprized, and asked me who Nash was? I said, he was a servant of mine. Then I said, we wanted to speak with Mr. Reed; the women burst out with, Good God, what is the matter? I said, I desired to see him as soon as possible. We went into the parlour. Nash rather pressed me to go up stairs to him; upon this the wife's sister undertook to shew us up stairs to the prisoner's room, but coming to the foot of the stairs, they objected to Nash's coming to his room, as a person not fit in appearance to go up. When I was got upon the landing-place, and Nash half way up, I heard a rushing noise, which was immediately followed by a call below, He is gone! and the cry, Stop thief; upon which Nash went down the stair-case again, and I being left alone within the house, thinking we should have success in the search, I kept possession of the house, and remained there about 10 minutes before they brought the prisoner back. I ordered him to sit down in the parlour, and sat myself near him; I ordered then some paper, pens, and ink, that I might make an inventory of the goods that we should find, and to take down what the man should say upon this occasion. (Which paper I have here.) Before he was brought back, Mr. Courtwould and Mr. Laprimaundaye re-entered the house, and found a silver saltseller which Mr. Laprimaundaye thought to be his own, and Mr. Courtwould said positively it was Mr. Laprimaundaye's, and that he made it for him; I think he said, he never made but one pair of that sort. There was a conversation passed about this saltseller in the presence of the prisoner. He asked, what we came for? and I think to the best of my remembrance, he made an attempt to fall on his knees, and crave our mercy. We said, we had no design to hurt him, and desired him to sit down and compose himself, that he might be able to give a good account of himself. While this passed in the parlour, Mr. Laprimaundaye and Mr. Courtwould, and a constable, went up to search the house, I sat below; in a very little time they brought a large drawer full of plate, the same now produced in court, which I desired them to set down on the parlour-floor; I desired Mr. Courtwould to take it out of the drawer, and set aside what he should find to be Mr. Laprimaundaye's property, thinking in so large a quantity I might find a piece of my own; they proved to be all the property of Mr. Laprimaundaye, and not a single bit of plate in the house but what was his, except some small things not worth notice. I asked the prisoner, how he came by this plate? thinking he would speak to me in his own language. All the account I could get at that time was, that one John had brought it to him more than a month ago, at 3 or 4 in the morning; that he came to his door and knocked two or three times, he being in bed with his wife; he went and opened the parlour-window, and saw this John, and he thought another man was standing at a little distance, but he could not tell who he was; that John rested a bag upon the bench by the door, and desired him to take it in, saying it was some goods belonging to a captain that was afraid of a bond or judgment. This I took in writing; and when I had done, I spoke to him to this purpose, That he must really imagine that story to be inconsistent, that so large a quantity of plate should be left in his house by a man that he knew nothing of but only the name of John. I asked him, what the man was? he said, he called himself a livery-servant. I asked him, what livery he wore? he said, he could not tell. Then I said, what did you take him to be? he said, he rather took him to be a tradesman, not a livery-servant. I told him farther, that a man like himself, that seemed to have a good education, and so good a carriage, could hardly converse with a man so long a time by the name of John only. But all that we could get of him was, that his name was John, and that he got acquainted with him at Mr. Spencer's at the Greyhound in Grub street. Having taken down the inventory and this examination, we proceeded with him and the plate to this place, as the Court was at that time sitting; when he was examined here, and told that the nature of the case was such that he must be committed to Newgate, he then took me a-side, and in the German language said, he was rather surprized that the questions, that were put to him, should be asked him so publicly, because if he was to declare publicly who the person was that brought him the plate, he might get notice of it, and make his escape. Sir Thomas Rawlinson indulged me to speak to him in this language. I told the prisoner, he might give me an account of it, and I would assist him in getting hold of the man. He then told me, the man was one Smith, a leather-breeches-maker, where he lived at that time, he said, he could not tell, but he had lived in the Greyhound-inn-yard, Grubstreet, and that, if I went there, he had not been gone long, I might trace him. I found the description he had given me of the person; though he would not mention the name only by that of John, yet that description came up pretty near to the person of Smith, the breeches-maker. He seemed to have the same idea at home as he had afterwards here; but since that time I have been two or three times with him in prison, I never could get any thing more of him, but that this Smith brought him the plate; he stuck to that story, and in that story he has always remained.

Richard Nash . I am a constable. I was with them at the apprehending the prisoner.

Q. Have you heard the account Mr. Bearance has given?

Nash. I have. I can only add this, That after the prisoner had jumped out at the window, was pursued and taken, we went to searching. I found this crucible, and the silver filings were in the crucible, but in the hurry, it wat spilt in the drawer, we took it up, and it is here; and there was some of the plate with the crests or marks filed out.

John Gardner . I am a constable. I was along with them in the search, there were in all three large draweres, and three small draweres. The drawers in which was the plate were locked. We asked the woman for the keys of the two drawers, we had shook the least of them and found something rattle. She said, she could not tell where the keys were, her husband always kept them two drawers locked. I said, then I'll break the drawers open. Then she took down a black waistcoat that hung by the bedside, and took a key out of the pocket, and unlocked the drawers.

Q. to Bearance. What account did he give for the silver filings being there?

Bearance. He said that this John took away most of the spoons, 2 candlesticks, and the coffee-pot, most of which he brought again with those files and filings in the coffee-pot; but there was a salt with the arms taken out, which we found in the parlour in the beaufet at our first going in, that he did not say the man had taken away.

Q. Might not this salt escape the recollection of the prisoner, he being in a confusion?

Bearance. I thought upon my oath he was in as little confusion as a man in such a condition could be; we ordered him something to drink, and desired him to sit down, he was then composed a little, and this was after he had sat some time; he asked me whether I was the gentleman that was robbed, I said not, that was Mr. Laprimaundaye that owned the plate; but when he knew this salt-seller was found in the parlour he gave us no account of the remainder of the plate. I asked him what pieces of plate this supposed John had taken away; after he had told me, I wrote them down on my paper, and read it over again to him in the presence of all the other witnesses, to know whether I had taken it right or wrong.

Q. Whether any thing particular was asked relative to that salt-seller?

Bearance. No.

Q. Did he know that somebody's house had been broke open, and this plate taken away?

Bearance. Yes.

Samuel Courtwould . I am a goldsmith. I saw the spoons that were brought by Mr. Smith in Cheapside, I compared them with other spoons at Mr. Smith's house, they answered to them very well. I was present in searching the prisoner's house in Stepney fields, I observed the silver silings which were found in a drawer, there were a great number of forks and spoons with the marks taken out, several of the forks had been lately filed, and some not touched.

Q. What do you call lately?

Courtwould. A very few days, may be 4, 5, or 6 days at most.

Prosecutor. This is the salt-seller which we found at going into the parlour. (Holding it in his hand)

Courtwould. (He takes it in his hand) This at that time seemed to be very lately filed. This is the prosecutor's property, I made it. I have made many salts, but never had an order to gild them in the inside, only this and the other 3 here produced.

Cross Examination.

Q. What do you form your judgment from?

Courtwould. I form it upon the tarnish.

Q. Then according as it is laid in a damp or dry place, it will be more or less discoloured?

Courtwould. Very right.

Councel. Then there is not a positive certainty, because it is possible means may be made use of to tarnish it more or less in the same time.

Courtwould. There was a coffee-pot seemed to have been filed some longer time than one of the candlesticks. If I file a piece of plate at home, if I look at it immediately I can see no difference at all betwixt that and one of the candlesticks. I look upon it that the candlestick had not been filed above 1 or 2 days.

Q. Will not one piece of plate tarnish in your shew glass more than another?

Courtwould. I can't say I have made observation of that, if they are both scraped or filed at the same time I can't suppose any difference.

Prisoner's Defence.

I am a foreigner, a German, I do not know much about the nature of the laws of England, but what I have read in books. I have told the gentlemen the truth, and so I will tell you again. About a month or 5 weeks before I was taken up. I was once knocked up, somebody knocked at the door, they knocked again a violent knocking, I put my night gown round me, and went to the window and asked, who was at the door? - It is me, please to come down, I have something to tell you; it was very cold, I shut the window, and went and opened the door, he pushed in with a bundle, somebody stood just by him; said he, It belongs to a captain that has made a bond and judgment, and expects an execution, and I know you will keep it here while I call for it again; it was quite dark, he set it down, and away he went, and shut the door. In the morning I got up a little earlier than I used to do, thinking to see what this man had brought, I opened the window shutter and saw some forks stick out, it made a great noise and ratling in the dining room, I thought it was French plate: my wife came down stairs, then I took the parcel up stairs and went to put it in one drawer, it would not go all there, then I put the rest in another, and locked the drawer, and put the key in my pocket: this man came some days after, knocking at the door, I was smoaking a pipe, he said, I am come to fetch some away, I can't fetch it all at once, I'll take my handkerchief full; he took all he could, great spoons and other things: I said, I wish you would fetch them all away, may be I must answer for it. He said, do you never mind, the captain will make you amends; I have not got a lodging to my mind, and he would fetch them as soon as he could. He came again in about 8 or 9 days, and brought in a handkerchief under his coat most of it again. Said I, I thought you would have fetched it all away. - I'll soon fetch it all away. I said, I will keep it in my house no longer: he did not fetch it. After that my wife shewed me a letter that came from a lawyer of whom I had once a house, I could not pay him, he arrested me, I paid him half the money, and gave him a note for the rest; after that he said, if I did not come the next Tuesday he would serve me the same again. I had got some bills out, but I had not so much money; I thought by Christmass time I would pay him. The next Tuesday I was afraid he would arrest me, I did not know what to do; I thought as this gentleman would sell his plate, I would take half a dozen spoons, I can but pay him at Christmas when my bills are paid: I took half a dozen. I had a few guineas that I thought would make the money up, so I went to the silversmith's shop, he said, what do you want for the spoons? I said, I wanted 40 shillings, I had a little bill to make up: the young man said, we can't buy silver of strangers, have you any body here that knows you? I said, I am going to Clifford's-inn.

Chapman. You said to the Temple.

Prisoner. Said the silversmith, my apprentice shall go along with you, and pay you the money. I said, very well. Said I, I have a friend of mine that lives not quite so far, I sometimes come and dine there; so the young man came there with me, they were just at dinner, they asked me to dine with them; said the inaster of the house, there is a fire in the back room; I went there, so he saw I was known in the house. Said he to me, have you got any more of these spoons?. I took them out of my pocket. Said he, if you will sell them my master will buy them. I said, no, I would not sell them, I thought I should have money enough by selling 3. I went then to Butcher-row by Temple-bar, to my landlord Mr. Fosset's chamber, he was out; I sat down, he did not come in, I went away, and told them, I would call again, I went home; the next day I went again, I staid a good while, he was not at home; then I went the next day and enquired, there was nobody there; after that came a letter for me to pay the money: the next day being Friday, my sister came up and said, there were 3 gentlemen come knocking at my door; my wife came up and said, Lord, have you not paid Mr. Fosset? I was afraid, I did not know what to do; I came out at the window, they came directly after me, and brought me back: they said, you have got so and so of plate in your house; I told them this man brought the plate to me. I am innocent of these things, I know nothing about it; I am an innocent man, and every body that knows me will say I never wronged a man of a farthing or a halfpenny; I have been kept miserable in prison for nothing at all, my poor wife is big with child, I know nothing about the law, none can say I stole any thing.

For the prisoner.

Isabella Grayham. I live in the house with the prisoner, I am his wife's sister.

Q. How long have you lived there?

Grayham. Ever since July last.

Q. Do you know what hours your brother used to keep?

Grayham. Very good hours, I never remember him being out after 12 o'clock at any time I lived there.

Q. How long has he been married to your sister?

Grayham. About 6 years. I came from Berwick in July last.

Q. Had you ever seen this plate in his house?

Grayham. No I never did before it was taken out of the drawers.

Q. Do you know any thing of its being brought to your brother's house?

Grayham. No I do not.

Q. Did you ever hear him speak of it?

Grayham. I do not remember his speaking of it.

Q. Do you remember a violent knocking at the door?

Grayham. No I do not.

Q. How big may the house be you live in?

Grayham. It is but a small house.

Q. What room do you lie in?

Grayham. I lie in a room by myself, next room to his own

Q. Are they both forwards or backwards.

Grayham. My room is backwards and theirs forwards, the head of the stair-case parts one room from the other.

Q. Was that salt-seller in the beaufet in the parlour never used in the house?

Grayham. It was a little while.

Q. When did you first see that?

Grayham. I can't justly say; it was about three weeks, or a month.

Q. What did you hear about it how it came there?

Grayham. I did not hear any thing in the least about its coming there; I did not ask about it, that was indifferent to me.

Q. Did you look to see whether it had your brother's name, or any arms upon it?

Grayham. No, I never looked at it to take any notice of it.

Q. Was there no other plate used in your house besides that?

Grayham. Nothing of any consequence; there were a few spoons.

Q. Did you never see a silver coffee-pot or tea-kettle there?

Grayham. No.

Q. Did you never see that little mug that stands by you?

Grayham. No.

William Burton. I am a Marshall's-court officer. I had a writ to arrest the prisoner at the suit of Mr. Fosset in Clifford's-inn, it was discharged the 6th of May. He had not paid Mr. Fosset all he owed him.

Q. Was there any other arrest intended?

Burton. Yes; Mr. Fosset sent for me, and said, if he did not pay him, he would arrest him again.

To his character.

Peter Anderson . I have known him about five years, he is a surgeon, he has always behaved like a gentleman, with a good character as an honest man.

Q. What countryman are you?

Anderson. I am a Dane, he is a German,

Henrich Knust. I have known him about five years, he has dealt with me, and paid me very honestly; I have seen him in company, he behaved like a gentleman.

John Medows . I have known him about five years, I always looked upon him to be a very worthy good-natured man.

Andrew Bushman . I have known him 3 quarters of a year, I looked upon him to be a very honest man.

James Read . I have known him about two years, I always believed him to be a very honest man: I never saw any low company he kept; I never heard any ill of him before this.

Charles Friday . I have known him I believe five or six years, he kept an apothecary's shop in my neighbourhood; he bears the character of a very honest man.

George Beardsell . I have known him about 2 years, he always behaved as an honest man, and I look upon him as such.

William Pitt . I have known him about 5 or 6 years, I never knew any thing of him but that of an honest man, that is his general character; I have been in his company several times.

John Sheen . I have known him about 18 months, he has attended my family eight or ten times. He has always behaved like a gentleman.

Q. What are you?

Sheen. I am a merchant.

John Pierpoint . I live on Tower-Hill; I am a Tobacconist; he lived over-against me; I believe I have known him five or six years; I always thought him to be an honest man; he seemed to be, as most foreigners are, a little gay. I never saw him in any bad company.

Q. to Smith. How long did you live with Mr. Laprimaundaye?

Smith. About 8 months.

Q. Where did you live before?

Smith. I lived before in Mincing-lane.

Q. There is one Smith a breeches-maker, how long have you known him?

Smith. I never saw him before he was taken up in my life.

Q. Is he any relation of yours?

Smith. No. I have no relations of the name.

Q. When did you first see the prisoner?

Smith. I never saw him in my life before he was taken up.

Court. The night before the robbery was committed your lady went out?

Smith. She did, a visiting; I came in while she was out.

Q. Were there one or two maids in the house?

Smith. There were two.

Q. Did either one or both of them catch you in the pantry?

Smith. No, I was in the parlour.

Q. Were the parlour windows shut or open?

Smith. They were shut.

Q. Had you not two of the salvers in your hands?

Smith. I had.

Q. Did you not desire the maids not to tell your master of that?

Smith. No.

Q. Was you not hid in the pantry?

Smith. No; I did it with intent to fright them, no otherwise.

Q. How came they to look after you?

Smith. Because I made a noise to fright them, and they came into the room. I apprehended they were a good deal frighted, but hearing me laugh in the cupboard, they opened the door, and I came out.

Q. Did they tell your master?

Smith. I believe they did.

Q. What time was this?

Smith. This might be between 4 and 5 o'clock, it was not dark.

Q. Are you sure the window was not open?

Smith. I shut the window before, that is not the shutters, only the sash, the sash had been open. This was the night before the robbery happened.

Q. How came you to have the two salvers in your hand?

Smith. I made a noise with them on the marble slab; I thought to make them believe there was something the matter, and they came into the room.

Q. to prosecutor. When did you first hear of this?

Prosecutor. I first heard of this about a fortnight or three weeks after the robbery. I have no reason at all to suspect him; I have a good opinion of him.

Q. Did you give him a character at his going away?

Prosecutor. My wife did to Mr. Crocket, where he lives now. I have a good opinion of him.

Acquitted of the Burglary. Guilty of stealing the goods in the dwelling-house . Death .

85. (M.) Emanuel Mountain was indicted for the wilful murder of Joseph Carassa : he stood likewise charged on the Coroner's inquest for the said murder, Jan. 5 . ||

(The prisoner being a Portuguese , could not speak English, an Interpreter was sworn.)

John Smith . I live in Nightingal-lane at the Mulberry Garden , a public house. I have known the prisoner about a month. The deceased I have known 3 years. They both lodged in my house: the deceased had for about 4 months. On the 5th of Jan. we had a wine-club; I came home from Gravesend at 7 or thereabouts, the company called me up to take a glass of wine or punch.

Q. What countrymen are you?

Smith. I am a Dutchman. When I was up in the club-room, I heard a scolding above; the prisoner and deceased both lay in a room above the club-room in separate beds. We hearing a disturbance, went up stairs; the man that is killed had his shirt off, the prisoner had his shirt on; the door was open, they had no candle in the room. Christopher Cornelius went in before me with a lanthorn and candle in his hand, we found them both on the bed that the deceased used to lie on: they had each their breeches and stockings on, and no shoes on.

Q. How far distance were their beds from each other?

Smith, About 5 or 6 feet distance. They were fighting together like a couple of bull-dogs. They stuck together, I could not at first get them apart; the prisoner was lying upon the deceased, I had enough to do to get them asunder. The deceased's face was bloody. I took and set the prisoner on his own bed, and the deceased up upon his bed. He directly said, Father, it is not my fault; then he arose up from off his bed and said, O Lord, I am a dead man! and directly his bowels were all coming out on his left side; then I took him down stairs, and sent for a doctor. When we were below, the deceased said, he gave me a stab on purpose. The prisoner was then in the room; he attempted to go away, but was prevented. Mr. Thompson, a surgeon, came in the morning; he said, he is a dead man, his bowels were cut, and he would not meddle with him. Then I took him to the hospital; but before I took him to the hospital, I said to the prisoner, how dare you do such a thing? it will cost you your life. He answered, he was sorry. We got a constable, and delivered the prisoner into his custody. The deceased said to me at the hospital as before, it was done on purpose.

Cross Examination.

Q. Whether they went up to bed together or separate?

Smith. That I can't tell, I did not see either go to-bed.

Q. In what language did the deceased speak this to you?

Smith. He talked very good English.

Samuel Alder . I am a Surgeon belonging to the London-Hospital. I am a dresser under Mr. George Neale . I remember the deceased being brought in on the 6th of Jan. between 10 and 11. I found a large quantity of his intestines out on the left side. I asked him how that wound happened, whether wilful or by accident? he said, wilful; that a Portuguese had been quarrelling with his friend, and he had taken his friend's part, and it was done with a push. He died in about three quarters of an hour after he was brought in, of that wound. I suppose it was done with a knife.

Kendrick Knust . I was one of the company of the club; we were about to go home a little before 11 o'clock. I was going out of the room, the deceased was then coming down stairs, with the quantity of two handfuls of his bowels hanging out on his left side; the prisoner followed me down, he would have gone past me; I stopped him, and asked him how that came? he said, me have done this, and owned that it was with a knife, and that it lay down by the bed, where it was found, (a long clasp knife produced, very bloody) this is it.

Godfrey Winckler . I found this knife by the bed, it was bloody 4 or 5 inches.

Ludor Bade. I went up stairs after Cornelius, and Mr. Smith after me. He confirmed the evidence of Smith.

Christopher Cornelius the same.

The prisoner in his defence said, he had fought a Dutchman in the garden that day, and the deceased being his acquaintance, came up to him after he was in bed, and struck him, and pulled him out of bed to make him fight him.

He called Alexander de Silver , who deposed, the deceased went up stairs with Cornelius and Bade, when he had the lanthorn in his hand, that he told the prisoner he was come to fight him; that he went and told Mr. Smith what he was gone up about, and Mr. Smith and he went up, and saw him wounded.

Cornelius and Bade being asked, whether they went up twice or once, declared they went up but once, and then Mr. Smith went with them, and that was some time after the deceased was above.

Emanuel Rotberek Corea deposed, he was a Portuguese priest belonging to the Ambassador; that Desilver and another man fetched him to the deceased, that he gave him the sacrament, that he exhorted him to tell the truth, and not to conceal one act, as he was going out of the world, and if the prisoner had offended him to pardon him, as God would pardon him; that he answer'd, he had no pardon to give, because he deserved ten thousand deaths by being the aggressor in the case; that he himself was the occasion of it, owning he pulled the prisoner out of the bed by the legs, and struck him to make him fight him; that this was in a room in Smith's house, about half an hour after two o'clock.

Guilty . Death .

He received sentence immediately, this being Saturday, to be executed on the Monday following, being the 19th. He was executed accordingly , and his body disected and anatomized.

86. (M.) Adam Stowers , was indicted, for committing a rape on the body of Elizabeth wife of James Bradbury , Jan. 11 .

The prosecutrix did not appear.

Acquitted .

87. (L.) Jane Fitzmorris , spinster , was indicted for stealing one silver watch, val. 10 s. the property of George Hethcote , Dec. 28 . ++

George Hethcote . I am a porter , and live with Mr. Stretton, a chymist and druggist in Smithfield. I was coming home full of liquor between 1 and 2 in the morning, after boxing day, I met with the prisoner at the bar, we went in at the Anchor alehouse in Chick-lane ; as I went out at the door, the prisoner laid hold of my arm and said, she was destitute of a lodging, and said, she owed 2 s. already for lodging. I gave her half a crown; my watch was then in my pocket. She clasped my arm round just at parting, I had not power to get up, and I missed my watch directly.

Q. Was you fallen down?

Hethcote. No, I was standing. I found my watch gone, and I got up.

Q. Had you been down?

Hethcote. I had. She put her hands round me while I was taking out my money, and I fell down, and had not power to get up. I said, you have got my watch; she said, go about your business home.

Q. Did you ever get your watch again?

Hethcote. No. The next morning I went there again, and she came in. We took her to Guildhall; she said there, she had no watch, but the two women that were left behind had it.

Prisoner's Defence.

I go a-washing. This man came into the house where I was in Chick-lane. I never saw him in my life before. I went away and left him in the house. The next morning I was coming up the lane, I saw him; there were two women there that sat by him. I asked him, if I ever meddled with his watch? he said, he did not know, the women imbibed it in his head that I took it. He swore first before the sitting Alderman, that he lost it out of his coat-pocket, tied up in a silk handkerchief. Please to call the constable.

Mr. Dolman. I am the constable. The prosecutor charged me with the prisoner for stealing his watch. I know nothing at all of it. All I know of her is, she is a very bad woman as possibly can be. When I took her in charge, both he and she were so drunk that I believe they hardly knew one another.

Q. to prosecutor. Was you in company with any other women at that time?

Prosecutor. No, I was not.

Acquitted .

88. (L.) Elizabeth Oates , widow , was indicted, for stealing one pewter pot, val. 18 d. the property of Samuel Pye . ~

Guilty . T .

89. (L.) John Landon was indicted for stealing two blankets, four harrateen bed curtains, a bed toaster cloth, and a head cloth, the property of Thomas Simkins , in his ready furnish'd lodgings , Dec. 14 . ~

Guilty B .

90, 91, 92, 93. (M.) John Overend , and Joseph Posnet were indicted for stealing 300 pounds weight of lead, val. 2 l. the property of Samuel Cox , Esq ; fixed to a certain messuage his property : and Bryan Lynch and George Atwell , the first for receiving 60 pounds weight, and the latter 29 pounds, being part of the same, well knowing the same to have been stolen , Dec. 21 .

The evidence against the principals were Benjamin Young , an accomplice, and his account being unsupported by any other witness of credit, they with the accessaries were all 4 Acquitted .

94, 95. (M.) John Deschamps , and Sarah Tompson were indicted for forging a note of hand for the payment of 3 l. 16 s. with the mark of Jane Read fixed to it, with intention to defraud the said Jane , June 1, 1762 .

Upon the councel's opening the indictment there approved no foundation to convict them, and without going into the evidence they were Acquitted .

96. (L.) Matthew Hale was indicted, for that he in a certain alley and open place, in the parish of St. Brides, near the king's highway, on Henry Isaacs did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person, one man's hat, val 5 s. and one perrewig, val. 5 s. the property of the said Henry , Nov. 30 . ~

At the desire of the prisoner the witnesses were examined apart.

Henry Isaacs . I live in shoemaker-row, I am a musician . I was coming home between 2 and 3 o'clock on the 30th of Nov. I met the prisoner and another man, they were sometimes before and sometimes behind me, near the new church in the Strand; when I came in Fleet-street I began not to like them, they kept talking to me, forcing their discourse. I said to a watchman, if you'll go with me to any house that is open I will give you any thing. He said, he could not, he having a gentleman to attend. The prisoner and the other man said, there is a house up over the way under a gate way, the other man went and knocked at the door, then the prisoner gave me a slight push, upon which I fell down; I called watch, and a watchman and 3 gentlemen came immediately.

Q. Was you sober?

Isaacs. I believe I was.

Q. Had you been drinking?

Isaacs. I had been playing at a tavern, I think it was the Bedford arms under the piazzas. I am no drinker. I had drank 2 or 3 small glasses of wine, but I know I was not fuddled. The prisoner and his companion ran quick away.

Q. Did you ever get your hat and wig again?

Isaacs. No, never.

Q. Did you see either the prisoner or the other stoop?

Isaacs. No, I did not. I left a description with the constable of the prisoner when I was in the watch-house; after that the prisoner was taken up on another account, I knew him again.

Q. from the prisoner. How was I dressed?

Isaacs. He had a short jacket and boots on, a small round hat with a lace on his hat, and he said he was at Birmingham at the same time.

William Bedington . The prosecutor left a description of the prisoner with me at the watch-house: about 3 weeks after 2 young women came to me and said they had been robbed by a man. I went as they directed me, and took up the prisoner near St. Dunstan's church; then, he answering the description given, I sent for the prosecutor, who came and swore he was the man that pushed him down. I saw the prisoner the night before this was done in Fleet lane.

John James , a watchman, deposed, the prosecutor had desired him to shew him an alehouse up, and he would treat him, but having another gentleman under his care he could not, but after that he heard watch called, he went and saw the prosecutor standing without his hat and wig; that the prosecutor said he had been knocked down, and had lost his hat and wig; he looked about, but the two men he had seen with him before were gone. The Prisoner said in his defence, he was not guilty of the fact.

Guilty of felony only . T .

97. (L.) George Wilkinson was indicted for stealing one cloth coat, val. 10 s. the property of Charles King , Jan. 8 .~

Charles King . Last Saturday was se'nnight I was sitting in my back room, I perceived some coats fall from a shelf.

Q. Where do you live?

King. On Saffron-hill facing the globe. I went into the shop and missed a coat. I ran up Chick-lane, and just by Mr. Dolman's door met with the prisoner with the coat on his arm; I took him into custody. (The coat produced and deposed to) The prisoner said he had bought the coat. I had tried the coat on a customer the same day.

Q. Did you see any body in your shop when the coats fell?

King. No I did not.

Q. How near the door was this shelf?

King. About 2 or 3 yards.

Mr. Dolman. I was at my door, the prisoner was stopt there, and brought the prisoner in with this coat on his arm; he charged me with him, I being constable.

The Prisoner said nothing in his defence.

He called Samuel Tidmash and William French , who had known him above 12 years, who gave him a good character.

Guilty . T .

98. (L.) Elizabeth Pullen was indicted for stealing one pair of silver shoe buckles, 2 gold ring, a pair of black mittins, a black cardinal, a pair of cotton stockings, two shifts, two pair of lawn ruffles, a bed gown, a cap, and other things , the property of Leonard Bailey , Dec 29 .~

The prisoner had lived servant with the prosecutor about 7 months. She and the things were missing on the 29th of Dec. in the morning. She was met with by Mr. Podington, the constable, on Ludgate-hill, who took her to the Horseshoe alehouse, and charged her with robbing her master; she owned it, and said she was persuaded to it by same bad women of the town, and by her direction he found most of the things again upon those women that had got her to leave her place. (Produced in court and deposed to).

The prisoner acknowledged the fact.

Jonathan and Sarah Jones , who had brought out up till she went to this place, spoke well of her former conduct, and that she was but 17 years of age; and both they and her Mrs. Bailey produced upon her having corporal punishment to take her again.

Guilty 10 d. W .

99. (L.) Alice Smith , widow , was indicted for stealing four pieces of check, two shirts, a linnen gown, three pair of stockings, and a pair of breeches , the property of Mark Capen , Oct. 1 . ~

Guilty . T .

100, 101. (M.) George Watson , otherwise William Simpson , was indicted for that he, on the 30th of October , about the hour of two in the night, the dwelling-house of David Rogers , burglariously did break and enter, and stealing six dozen of worsted stockings, value 5 l. 8 s. six pieces of linnen cloth, value 6 l. two pieces of cotton cheque, value 2 l. the goods of the said David, in his dwelling-house . And Ann wife of George Edwards , for receiving the same, well knowing them to have been stolen . ++

David Rogers. I am a haberdasher , and live in White-chapel . On the 30th of Oct. I did not go to bed till 1 o'clock; I was called up about 7 by a neighbour and told my door was open; I went down and found it so, and the goods mentioned in the indictment gone. I went to Mr. Fielding, and told his clerk how I had been robbed: a person came from him to me on the Saturday following. I went on the Monday; he ordered me to go to New-prison, and enquire for a person by the name of Simpson, who he said had confessed the robbery. I went there, I found the prisoner Watson; he there owned to me in what form they got into the house. He said, Morris Delany , he, and and another were in company, and they took the goods mentioned and carried them to the Mulberry Gardens and divided them: that he carried his part to a woman at Mile-end, he said her husband dealt in horses, and sold them to her; he said the watch was going 2 o'clock when they went into my house, and they had taken 2 lamps from 2 doors, and they had one of them a light in my house and left it burning, and he returned and put it out. I found it on my counter, out. (Produced in court) I got a warrant to search the womans house (at the bar) but found nothing belonging to me. The neighbours told me they had absconded a week before I came there; but I found when they heard Watson was cast last sessions, they came back again.

(See Numb. 16, in the last Mayoralty, where he was tried for a burglary, and cast for transportation.)

James Stebbing and John Burrell , two neighbours, who went to New-prison along with the prosecutor, confirmed likewise that of his confession.

The prisoner in his defence said, that he was almost starved to death, and would have said any thing for a little money to buy himself sustenance, but denied the fact which was laid to his charge.

Watson, Guilty . Death . Recommended to mercy.

Edwards, Acquitted .

102. (L.) Thomas Rogers was indicted for obtaining by false pretences two lobsters of John Easton .~

Acquitted .

He was a second time indicted for obtaining a fowl by false pretences , the property of John Attwood .~

Acquitted .

103. (L.) James Allen was indicted for that he, together with Samuel Brumage , did unlawfully and knowingly defraud Samuel Belamy of 96 lb. wt. of nails, val. 42 s. by false pretences .~

See the trial of Brumage No. 58, in Last session's paper.

Guilty . T .

104. (L.) Francis Leicester was indicted for obtaining two guineas and a half of Sarah Norman by false pretences .

The prosecutrix did not appear.

Acquitted .

105. (L.) William Richardson was indicted for obtaining of Peter Majour the sum of 10 l. by false pretences .

The prosecutor did not appear.

Acquitted .

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

Received Sentence of Death, 8; viz.

Hans Eeg , William Autenreith , Morris Delany , John Collins , William Champ, Thomas Bryant , George Watson , and Emanuel Mountain.

Transported for Fourteen Years, 1; viz.

James Haines .

Transportation for Seven Years, 15; viz.

Elizabeth Wilmot , Thomas Burgess , William Easton , Catharine Haines , Matthew Hale , George Wilkerson , Alice Smith , Elizabeth Oates , James Allen, William Wood, John Lacruce , John West , Joshua Pass , Ann Read , and William Redbrooke .

To be Branded, 3; viz.

John Cox, John Landon, and Humphry Miller.

Whipped, 2; viz.

Mary Carpenter , and Elizabeth Pullen .