Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 December 2014), April 1763 (17630413).

Old Bailey Proceedings, 13th April 1763.

PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Goal-Delivery FOR THE CITY of LONDON; And also the Goal-Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 13th, Thursday the 14th, and Friday the 15th of APRIL.

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

NUMBER IV. 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; the Right Honourable William Lord Mansfield *, Lord Chief justice of his Majesty's Court of King's-Bench; the Honourable Sir Sydney Stafford Smythe +, Knt. one of the Barons of his Majesty's Court of Exchequer; James Eyre ++, Esquire, Recorder; and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.

N. B. The *, +, and ++, refer to the Judges before whom the Prisoner was-tried. L. London, M. Middlesex.

London Jury.

Nicholas Pennington ,

Paul Stevens ,

William Hazlefoot ,

Coles Fortrice ,

John Fuller ,

Robert Parr ,

William Withers ,

George Trout ,

William Butler ,

John Roberson ,

George Dorrington ,

Bullwin Morrison .

Middlesex Jury.

Thomas Treslove ,

Collin Donaldson ,

William Davis ,

Joseph Sutton ,

John Smith ,

William Hargrave ,

Thomas Jones ,

John Whitehead ,

Benjamin Sutherland ,

John Channon ,

Moses Hart ,

Samuel White .

141, 142. (L.) Joseph Davis and Robert Addison were indicted for stealing three bars of iron, value 20 s. the property of Hugh Ross , Henry Muleman , and Peter Muleman , Esqrs . Feb. 18 . ++

This indictment was founded upon the confession of John Collins , an accomplice; there being no other witness to support his evidence, the prisoners were Acquitted .

(L.) They were a second time indicted for stealing three other bars of iron, value 20 s. the property of Messrs. Ross and Muleman, Esqrs. March 4th . ++

John Greenwood . On the 4th of March, about 8 o'clock, a servant to one Turner, a waterman in our neighbourhood, came and told us, his master had dodged three soldiers to the Cock in Aldersgate-street, each with a bar of iron; they went from our wharf.

Q. Where is your wharf?

Greenwood. It is called Dyers-hall wharf , the nearest iron-wharf to London bridge. I went and looked to see what were missing, twelve bars of four inches and an half broad, half an inch thick, and about five or six feet long, not all of a length. I then went to the Cock, there were the two prisoners, and Collins the evidence; the last had worked at our wharf some time; three bars of iron were also there, part of the twelve that were missing; the mark is done with the hammer when the iron is hot, it is a particular sort; the mark is called a double bullet. Bringing them to Wood-street-Compter, Collins began to confess, and said, they had taken three other bars, and sold them to Joseph Lewis in Goswell-street, on the 28th of Feb. and when in the Compter he owned, he and the two prisoners had taken these three bars also from our wharf, which belongs to messrs. Ross, and Co. I have the care of the iron there.

John White . I am a Cooper. I met the two prisoners and the evidence with each an iron bar on his shoulder coming up from the wharf to which Mr. Greenwood belongs, on the 4th of March, about a quarter after 8 at night, John Turner was with me; we suspected they had stole the iron, we followed them to the top of the Old Jewry, there they pitched the bars; we passed them, and observed one of them look after us, to observe whether we took notice of them; then we went back to them, and asked them, where they were going to carry that iron? they said, to the Cock in Aldersgate-street, and that they took it out of a cart at the foot of London Bridge, and were to have sixpence each for carrying it. We asked them for whom they carried it? they could not tell the gentleman's name, but said he would be there as soon as they; we followed them there, there they pitched them, there was no person met them; then we spoke to the landlord to get a constable, to stop them till we could let Mr. Greenwood know about it; we sent to him, he came, and brought the mark on paper which we found stampt on the iron.

John Turner confirmed the account given by White.

John Collins . On the 4th of March the two prisoners and I went to Mr. Greenwood's wharf, and took each a bar of iron, with intent to carry to Lewis in Goswell-street to sell them, but the two last witnesses followed and questioned us where we had the iron, and where we were going with it; we told them as they have related, and when we came to the Cock in Aldersgate-street they stopt us and the iron, and sent for Mr. Greenwood.

Davis's Defence.

That evidence was the man that took the bars out of the wharf, and set them into the alley, and then took one, and desired us to follow him with the others. I have been along with him there seven times, and two other men along with me.

Addison's Defence.

I happened to meet Collins in the street, he asked me to go along with him, he brought me into the alley where the bars stood, we took them to Lewis's, and we sold them; after that we went another time, and were stopt at the Cock.

Davis called Mary Davis his first cousin, and Elizabeth Parker , who gave him a good character.

Both Guilty . T .

143. (M.) Christopher Jenings was indicted for stealing four fowls. val. 4 s. the property of Richard Read , March 30 ++

Richard Read deposed, he was a Poulterer , and lives in St. James's market . That he went for a pennyworth of beer, and returned to his shop again in about six minutes, when he missed six fowls, and in about half an hour after the prisoner was brought to him, and four of the six fowls; that he knew them to be his property, two of them having been gnawed by mice.

George Benson deposed, be saw the prisoner go into the prosecutor's shop, when he was gone to the alehouse, and take out some dead fowls, that he went and told the prosecutor of it.

Nicholas Martin deposed, he saw the prisoner go by the shop where he was with four dead fowls, he suspected he had stole them, he followed him, the prisoner ran, but upon observing he followed him, he laid the fowls down upon an empty cask in the street; he went and stopped him, and asked him why be did not take his fowls with him? the prisoner said he would have nothing to do with them; he asked how he came by them? he answered he bought them. That then he brought him and the fowls back to the prosecutor's shop, that coming along he much desired he might be let to go.

The prisoner, in his defence, said, a friend of his desired him to carry them for him to the Fox in Brewer-street.

He called Christopher Barton , who lives in Cross-street, Hatton-Garden, who had known him two years, who gave him a good character.

Guilty . T .

144. (M.) Elizabeth, wife of Henry Richards , was indicted for stealing two silver table-spoons, value 10 s. two silver tea-spoons, value 2 s. two pair of laced ruffles, value 2 s. 6 d. and six linnen caps, value 2 s. the property of William Bell , April 4 . +

Elizabeth Bell . My husband's name is William Bell . I lost the things mentioned in the indictment at separate times. The prisoner washed for a person that lodges in my house, and chaired for me. I suspected her; I taxed her with taking them; she confessed she had taken them, and delivered part of them to me, and told me where the rest were pawned, which I found accordingly.

Thomas Nash , a pawnbroker's servant, facing Hungerford market, produced a pair of ruffles and a table-spoon. The first he took in from the prisoner, the other was taken in by some other person; deposed to by the prosecutrix.

The prisoner in her defence said, it was the first fact she ever did.

Guilty . T .

145. (M.) Thomas Orton was indicted for ripping and stealing 45 lb. weight of lead, value 4 s. the property of John Rogers Norton , Esq ; fixt to a messuage belonging to the said John , April 5 . +

Jonathan David Carter , a watchman, stopt the prisoner in the street between 12 and 1 at night, the 5th of April, with the lead, and secured him. The lead produced.

Thomas King and Henry Parr deposed, they were at work on repairing two houses belonging to Esquire Norton; that the lead was a gutter to one of them.

The prisoner in his defence said, he was full of liquor, and was rambling about to get more; that three sailors met him in Bell-yard, and swore be should carry that lead for them cross Whitechapel, and the watchman came and took him.

Guilty . T .

146. (M.) John Hunter was indicted for stealing a silver watch, value 40 s. the property of David Gatfield , Feb. 29 , to which he pleaded Guilty . T .

See him an accomplice and evidence against James Hardy, No 191, in Sir Samuel Fludyer 's Mayoralty.

147, 148, 149. (M.) Miles Cook , Bryan Donnelly , and Owen Keney , were indicted for stealing two silver watches, value 5 l. twelve silver coat-buttons, value 10 s. one silver seal, val. 12 d. one seal set in silver, value 6 d. one gilt band for a hat, value 12 d. one gold ring, value 7 s. one silver hat-buckle set with stones, value 12 d. one piece of silver gilt, one ducat, sixteen guineas, six quarter guineas, eight half guineas, and 6 l. in money numbered, the property of Henry Martin , in his dwelling-house , April 6 . +

Henry Martin . I keep the sign of the Drum, in St. Thomas's-street, Drury-lane . I went to bed last Tuesday was a week a little after eleven o'clock, and left Donnelly and Cook in the house below; Cook brought me up the key of my cellar door, and said the other was gone home; after that he came up again, and said he wanted change for silver, I shewed him my money to take change; he lodged in my house, I thought I could have trusted him with untold gold; the next morning my door was found open, and the things mentioned in the indictment missing, (mentioning them by name) and he was gone; I made enquiry who was last in my house, and found they were Cook, Donnelly, and his wife; I went to Donnelly's lodging in Parker's-lane, I found his wife in bed, the said he was gone out along with Cook, who had been there; a woman there said she heard Cook say he had a sufficiency of money to carry them to Ireland, and when that was gone he had something to make money of. (Donnelly is a seaman lately come home in the Dragon.) I went to Justice Fielding, and got a warrant, and soon had information they were both secured at the Bull's-head in Stretton-street; we went there and searched them, I saw my coat buttons, my hat-band, and hat-buckle taken out ofDonnelly's left hand breeches pocket; he turned about and said to Cook, O dear Cook, did I think you could rob a man that was so good to us? he said to me, I have got no more of your things, I did not know whose they were, he gave them to me to keep for him. Then we proceeded to search Cook, in his pocket there was found my green purse, my gold ring, a ducat, which I believe to be mine, and my little ladle, a 3 d. piece, and a chain washed with gold, which my child used to wear about her neck; (producing them) there was found also three quarter guineas, four half guineas, 2 l. 3 s. in silver, a French groat, a king James's groat, and four half crowns. Keney was in company with them, he went out and crossed the way. A coach-man said to me, If you are the man that has been robbed, there is a man that has been drinking with them all this morning; meaning Keney. Then I said, Mr. Keney, I want to speak with you; when he came in again he stood on my right hand, with another person between us; I desired Mr. Gay, who had searched the other, to search him; I observed Keney to stoop back and drop something which he took out of his right hand pocket, there was found upon the ground one of my watches by him, the case flew off with the fall, the other watch was found in the room thrust up the chimney.

Q. Was Keney with the other two in your house over night?

Martin. He was not.

Michael Sprage , a headbrough, and Richard Gay . a constable, deposed to the searching the prisoners, and confirmed the account given of that by the prosecutor.

Cook's Defence.

I have been guilty of a br each of trust; he trusted me with this money, and the taking care of his house. After the people were out of the house, I went up with the key of the cellar-door to him; his money was upon the chair. He knocked again; I went up. I took the money, to be sure, but there was never a guinea there; there was seven half guineas, and about 8 s. He had every farthing again.

Donnelly's Defence.

I knowed no more of it than your Lordship does, Cook gave me the buttons, I knowed nothing where he had them.

Keney's Defence.

I know nothing in the world of it.

Cook. Neither of these had a hand in it.

For Keney.

Thomas Morgan . I am a fruiterer opposite the Mansion-house. I have known Keney several years, and trusted him with a great deal of money. A great many times he has portered for me a long time: I believe him to be an honest man.

Richard Lynch . I have known him about four years; he lodged with me about six weeks; I look upon him to be an honest man.

Cook and Donnelly Guilty 39 s .

Keney Acquitted .

[Transportation. See summary.]

150, 151. (M.) James Bryan , and Sarah Bryan , his mother, were indicted, the first for stealing one silk handkerchief, val. 6 d. and one linnen apron, val. 1 s. the property of John Montague , eight guineas, one quarter guinea, and 2 s. 6 d. in money numbered, the property of John Elson , in his dwelling-house , Feb. 6 , and the other for receiving 2 guineas, part of the said money, well knowing it to have been stolen, Feb. 28 . *

John Elson . On the 29th of March last a fire broke out near Wapping new stairs , in the night, I carried what little things I had to a neighbour's house, and left them there, among which were eight guineas, a 5 s. 3 d. and half a crown; when they were missing, the boy at the bar was examined about it; he owned he had taken the money, and gave some of it to his mother, and said he told her he had found it at the fire; he is about twelve years old.

John Montague . On the 6th of this instant the boy confessed he went into a room and took a handkerchief, and had got another boy to pawn it for 8 d. he confessed also he had taken a 5 s. 3 d. piece, a half crown, and a guinea, that was the property of my brother; after that he confessed to the taking three guineas, and soon after to the taking eight.

Q What do you know of the mother?

Montague. She has lodged in my house pretty near four years, she works very hard to keep the boy to school, but he has got into an ill habit.

William Keney , the officer, deposed to that of the boy's confession.

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

Sarah Acquitted .

152. (M.) Jane Jefferyn was indicted, for that she, together with William Stoaks , not taken, on the 16th of Feb . about the hour of 8 at night, the dwelling-house of James Hibbins , doctor of physic , did break and enter; one blue silk and silver gown, val 10 l. one silk and silver petticoat, val. 10 l. one brown silk and gold gown, val. 5 l. one silk petticoat, one sattin petticoat, one silver tissue petticoat, one red and white tissue negligee, one pompadour silk negligee and petticoat, ten yards of blue silk, and one Pinchbeck metal watch, the property of Ann Hibbins , did steal in the said dwelling-house . *

Ann Hibbins . On the 16th of Feb. the things mentioned in the indictment (mentioning them by name) were taken out of our house, I missed them about 12 at night, and had seen them between 5 and 6 in the day before in my drawers in my room up two pair of stairs; we had them advertised, by which means we found some of them again.

Elizabeth Richards . I live servant with Dr. Hibbins. I saw these things in a drawer in the room where Miss Hibbins lies about 4 in the afternoon, they were missing before 12 at night.

Elizabeth Gascoyne . I live servant with Dr. Hibbins. On the 16th of Feb. I was in the garret, about one o'clock in the day, the window was then shut down, the sash would not stay up to keep open, was it put up of itself it would come down again, we imagine the people that took the things must come in at that window.

Thomas Murkwate . I am a pawnbroker. I have known the prisoner about two years, she and her sister brought a red and white silk sack and petticoat, and a red and white negligee, and pledged them with me. (Produced and deposed to by the prosecutrix.)

Q. Where did the prisoner say she brought them from?

Murkwate. She said she brought them from one Mrs. ONeal, whom I know to be a woman of the town, and had such things as these, and I knew the prisoner to have lived with a woman of the town, and she said she had left her former mistress; I have taken in things of her as good as these before.

Q. When did she bring them?

Murkwate. On the 17th of Feb.

Thomas Hatton . The prisoner pledged these things with me on the 17th of Feb. (Producing a pompadour silk sack and petticoat, deposed to by the prosecutrix.)

John Noakes . I am a constable; the doctor got a warrant from Justice Wright, and I went with the Pawnbroker's man to the Castle in Castle-street, Bloomsbury, where we found the prisoner, and took her to the Justice; then we went to her lodgings, and there we found the duplicates of the things pawned, which are to answer to the pawnbroker's tickets; they were in a drawer, and also a handkerchief, (produced in court, and deposed to by the prosecutrix) and this paper, (producing a paper) the maid declared the mistress's silver cloaths were put in to keep them from tarnishing. I went to the lodging two days after, to enquire if I could find the man named Stoaks, who lived with the prisoner, but he had made off; there was found this key (producing one) in their room, which I got liberty to try, and found it opened the late Lord Warwick's door, it is an empty house, two doors from Dr. Hibbins's house; we went up to see in what manner they could get from that to the doctor's house, and found any body could walk with a good deal of safety to the doctor's garret window. When the prisoner was examined the second time, she confessed that Stoaks told her he got into the empty house, and so got the things.

Prisoner's Defence.

Mr. Stoaks told me when he brought those things, that he brought them from a relation out of the country, and desired me to pawn them in his name, which I did.

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

153. (M.) William Ward was indicted for stealing 20 l. in money numbered , the property of Joseph Brockhurst , March 16 . *

Joseph Brockburst . On Wednesday the 16th of March, my counting-house was privately entered in the evening, and my desk and my clerk's desk were broke open, and all the money taken out, except a few halfpence. It was not discovered till the Saturday following, when the mother to the prisoner, who was my servant, found half a guinea, and desired of her son to know how he came by it, and by threats she got it out of him; and afterwards he acknowledged to me and others, that he had let in one Joseph Devoe through the house into the yard, where my counting-house is, and by the assistance of a false key got into the counting-house, broke both the desks open, and took all the money out, and divided it between them. The mother got from him 15 guineas and a half, and delivered it to me. I lost about 33 l. I had taken the prisoner apprentice out of the charity-school. he has been with me better than four years; he has had considerable charges upon him, I never knew him wrong me before.

David Gibson . I heard the prisoner confess as the prosecutor has mentioned.

Prisoner's Defence.

The other lad took me into a public house the night this was done, and called for a shilling worth of rum and water, and made me almost drunk. He said, if I would not let him into the house, he would knock me down.

Guilty . T .

154. (M.) Burrel Smith Kenedy was indicted for stealing one pair of leather tugs, val. 4 s. the property of Julius Tidd , March 13 . +

The prosecutor is a collarmaker in Gray's-inn-lane , the prisoner his apprentice . It appeared he had sold the tugs to one Robert Gardener , upon whom they were found; he was bound over to appear, but upon being called, did not.

The prisoner was Acquitted ; and Gardner's Recognizance ordered to be estreated.

155, 156. (L.) James Paston and Thomas Waters were indicted for stealing 140 lb. weight of lead, value 17 s. the property of Henry Smith , March 18 . ++

Henry Smith . I have taken a little affair at Trig-stairs , and am repairing the dwelling-house in order to live in it; there was a soil-pipe that went from the top of the house to the bottom, which I thought proper to remove, and desired Mr. Mitchel to send some workmen to cut it up, and carry it to his house, on the 18th of March. I desired my clerk to go and see it weighed the next day; he told me, it weighed 600 and some odd pounds, I thought there had been some ill practices; and in the afternoon I had word sent me, that some of the lead was found at a public house in the neighbourhood; I afterwards saw it in Messrs. Wills and Mitchel's shop in Nightrider's-street.

John Gold . I measured the place where the lead was taken from, which was 32 feet, then I went to Mr. Willis's, and measured the lead after it was laid down in a proper manner, I found none diminished, it was cut into many pieces.

Henry Woodby . On the 19th of March, between 8 and 9 in the evening, I was set to watch the lead by Mr. Mitchel, which he had information was at the Rummer alehouse on Labour-in-vain-hill. I was there and saw the two prisoners take it away; it was two pieces, they carried them to the south-side of St. Paul's church-yard, and pitched them on the stones by the rails. Paston called Tom; Tom was gone away from him. They had carried it from the ale-house up Distaff-lane into Paul's church-yard. After Waters had left him. Paston came to me and said, they had been at work and had got some lead, and his partner had left him, and if I would carry some of it to Chancery-lane, he would give me half a crown. I would not. Then Waters came again, and they took them up and carried them as far as Black-swan-alley, they threw it down and left it. Then I desired a young lad to go and tell the gentleman, they were gone and left the lead. Mr. Mitchel sent a man to me, then I carried one piece to his house, and then went and carried the other, he staid by it till I came. The young man that was with me, took the two prisoners, and they were carried to the watch-house.

Edward Starling . I keep the Rummer on Labour-in-vain-hill. On Friday morning the 8th of March, about half an hour after 7, the prisoner Waters came through my house, and went into the yard, and returned, and called for a glass of gin, and said, I have left a bit of lead in your stable, will it be safe? I said, it would. After that he came again, and had a glass of something a bar. He said, he had lost a piece of wat e which he had set at the outside of the door, which a carpenter had taken in out of a joke; the carpenter said, it may be stolen to set it in so careless a manner, he had known a man hanged for such a pipe. After he was gone, the carpenter said, he thought the man had stole it; I said, he works for Mr. Mitchel. He went and fetched Mr. Mitchel. Mr. Mitchel desired, I would not let it go out of my house without watching it, that he might be able to detect the receiver. On Saturday at noon the two prisoners came and said, they would fetch it away at night. I sent to Mr. Mitchel to let him known of it, and he sent the last witness to be ready to follow them. The prisoners came about 8 at night, and asked for a candle to go backwards; I was in the cellar, and when I came up, they were gone with the lead, and the porter after them.

Mr. Mitchel. I am a Plummer, in partnership with Mr. Deputy Willis. Mr. Smith sent an order to have his soil pipe taken down; I sent the two prisoners at the bar to do it, on Friday the 18th of March, and expected he would send it to my house in his cart, I was then exceeding ill, I found the prisoners brought it in pieces on their shoulders; after that a carpenter came and told me there was some such lead at the Rummer on Labour-in-vain-hill. I went there and saw it, the man was described to me that left it there, I had great reason to think it was Waters. I desired the master of the house not to take any notice there was any suspicion about it, but to appoint somebody to watch, that I might come at the receiver. On the Saturday he sent a person to let me known he had been at his house, and he would fetch it away at night, on which I sent the porter to watch where they carried it. At night two gentleman's servants in St. Paul's-church-yard came and told me they had seen two men pitch some lead there, and they thought it was stolen. I said, I had sent a person to watch them. Soon after that they came again, and said they had flung it down and run away; then I sent word to the porter to bring it to my house, which he did at twice. I make no doubt but the two pieces are part of the soil pipe, there was one hundred and a quarter weight of them. I always had a good opinion of Paston till this affair; I have no reason to suspect him of any thing before.

Paston's Defence.

I had been to fodder up a coffin, the nastiness of the corps obliged me to drink, and I was so fuddled that I did not know what I did; and the next morning I did not know any thing of it, till I was told of it by my friends.

Waters's Defence.

I never was in that ale-house but once in my life, and that was four months ago.

Paston called Mr. Blewet and his wife, with whom he served his time; William Pemberton , a fellow-apprentice with him; Sarah Firmin, who had known him a year and a half, with whom he had lodged; Mr. Chidwick, between four and five years; Mr. Tompson, about five; Jer. Williamson, near two years; William Bassom , about ten; Robert Hawl, about three; and Edward Warner , ever since he was born; all gave him a good character.

Both Guilty . T . Paston recommended .

157. (L.) James Johnson was indicted for stealing thirteen pairs of stockings, value 18 s. the property of Peter Pope , Feb. 20 . +

Peter Pope . I am a Hosier , and live in Threadneedle-street . On the 26th of Feb. the Barber was shaving me in my compting-house, I heard Holland's voice call stop thief, I went to my shop door, and about a dozen doors from my house I saw the prisoner, and some other people that had taken him bringing him back, he was carried to the watch-house. I missed 13 pair of stockings, which I saw at the Mansion-house on the Monday following. I asked him at the watch-house, how he came to go into people's houses to take things? He at first denied he had taken any thing, but at last he said, he could not go home to his lodging without some money to pay his lodging, which was the occasion he did it.

Holland Pope . I am a relation to the prosecutor. The prisoner came into our shop, I saw him reach over the counter and take this parcel of stockings (produced and deposed to) from off a shelf, I was at the back part of the shop, he ran out, and I after him, and called stop thief; a man stopped him, he struck the man, and flung down the stockings, I took them up; I never left sight of the prisoner after I was out of the shop till he was taken.

Prisoner's Defence.

I never was on that side of the way, it was a night, and impossible to see cross the way. I was steward of the Hector, a transport ship, captain Nichols, she was discharged at Lisbon

Guilty . T .

158 (L.) Charles O Neal was indicted, for that he on the 31st of March , about the hour of 8 in the night, feloniously and burglariously the dwelling-house of William Matthews did break and enter, and one gold watch, val. 8 l. the property of the said William, in his dwelling-house did steal, take, and carry away . +

William Matthews . I live opposite St. Dunstan's church in Fleet-street . On the 31st of March, between 7 and 8 at night, I was sitting in my parlour, I heard the smash of a window, my servant in the shop immediately called out stop thief, I went forward and saw the window broke and a gold watch missing; I directed my course towards Temple-bar, where I found the pursuit was, in three or four minutes they brought the prisoner back, he was searched, but nothing found upon him belonging to me, there was a silver stop watch found upon him; in less than a quarter of an hour my watch was brought me by a witness that is here. I found one of the prisoner's hands was bloody after he took off his glove, and that was cut through; then the prisoner did not deny that he did it. He was committed to Wood-street compter, and the next day he acknowledged it was his first fact in stealing my watch, and interceeded for mercy.

Samuel Denton . I shall be 16 years of age the 24th of May, I am apprentice to Mr. Matthews. I was in the shop when the glass was broke, I jumped up and saw the prisoner at the frame, the shop was not shut up; I ran out after the prisoner, and called out, stop thief, he turned up Bell-yard, there I lost fight of him, he was stopped soon after; I got assistance, and brought him back to the shop, he said he was innocent; there was a silver stop-watch found upon him; we found by breaking the glass his glove was cut through, and his hand bloody: (the glove produced) I had a candle in the shop and saw his face, and know him to be the same person.

Thomas Lane. I was coming through Temple-bar at this time and up Bell-yard, I turned about pretty short, hearing a disturbance, I saw a man come along very fierce, and saw something glisten in his hand like a looking-glass, I kept my eye upon it, and strove with my elbow and foot to stop him, he fell, I saw a watch on the ground, I got between the people's feet and took it up; there were several people took the man away to Mr. Matthews's, I followed them, when I came there I could not get in for the mob; I begged the people to let me come by, and knocked at the window to be let in; at last I said I had something of consequence, then they let me in; I said, what watch have you lost? I have it; Mr. Matthews looked at it, and said it was his watch; I delivered it to him, for which he gave me this receipt; (producing one) this watch was dropped from the prisoner.

Nathaniel Hill. I am constable. Mr. Matthews sent for me on the 31st of March to take charge of the prisoner at the bar, for breaking his shop window, and taking a gold watch, ( produced in court, and deposed to by the prosecutor) the outside case was missing.

Richard Hamersly . I heard the cry of stop thief, the prisoner came running (by a parcel of chairmen, who never attempted to stop him) up Bell-yard, he forced by some people, and knocked one down; I knocked him down with my hand, there was assistance, and we secured him.

Prisoner's Defence.

I was going along Fleet-street about half an hour after 7 o'clock, I saw a man run his hand into the glass, and I suppose took out something; he slipped it out of his hand, I ran and took it up, and directly there was a cry, stop thief; I ran after the man, and lost fight of him in Bell-yard; I was knocked down by that person, I believe at the time I fell I hurt my hand against the watch-glass; then I was brought to Mr. Matthews's, and from thence to the Compter, and from thence to Newgate.

He called four people to his character, who gave him a good character exclusive of this fact.

Guilty of felony only . T .

There was another indictment against him for stealing the other watch found upon him, the property of John Kimson .

159, 160. (M.) Eleanor Gilstrop , otherwise Gunthorpe , spinster and Elizabeth Cowlas , were indicted, the first for stealing one linnen shirt, val. 5 s. the property of John M'Antires , and the other for receiving the same knowing it to have been stolen , Jan. 23 . +

Both Acquitted .

161, 162, 163. John West , Joseph Johnson , and Robert Murray were indicted, the two first for stealing 6 hempen sacks, val. 6 s. and 24 bushels of malt, val. 4 l. 17 s. 6 d. the property of John Graves , in a certain barge on a navigable river called the river Thames; it was laid over again to be 6 sacks, the property of persons unknown, and 6 sacks of malt, val. 4 l. 17 s. 6 d. the property of John Waring , in the barge of John Graves , and the last for receiving the same well knowing them to have been stolen , March 13 . +

James Lyon . I am a lighterman, servant to Mr. Graves, I took in 48 quarters of malt into my master's barge on the 10th of March, and on the 14th I missed three quarters of it, that is six sacks, the sacks were marked W. M. Henley.

John Doughty . On the 13th of March, John West , Joseph Johnson , and I, stole three quarters of malt from out of a lighter, and carried them to Mr. Murray's house.

Q. What is he?

Doughty. He is a public brewer in St. Ann's lane, Westminster.

Q. How were the sacks marked?

Doughty. I can't tell how they were marked.

Q. Did he know how you came by it?

Doughty. He did, or he would not have bought it so cheap; he had it for 18 s. a quarter.

Q. Do West, Johnson, or you, deal in malt?

Doughty. No; I am a gardner, and we all lie constantly in his house.

Mr. Freeman. I am constable; I went to search the prisoner Murray's house for the sacks the 28th or 29th of March; we found several sacks marked with different marks. Johnson sent for me and desired I would get him admitted evidence concerning the matter. He confessed to me, he had stolen this malt.

Q. Did you give him any hope that he should be admitted evidence?

Freeman. I did. (He produced two sacks.) These two sacks I found at Murray's house. When I took West, he desired I would get him admitted evidence; but I gave him no hopes that he should be admitted. He told me, he was concerned in taking the malt, and said, he had sold Mr. Murray thirty quarters; this was before the Justice. He also shewed us, where the malt was up one pair of stairs.

Q. to Lyon. Look at these two sacks here produced.

Lyon. These are the same marks of the sacks that I took into my barge from the wharf in Channel-row, Westminster.

Cross Examination.

Q. Where did you find the sacks?

Freeman. We found some in the brewhouse, and some in the hopper; I found six together under some barrels joining to Mr. Murray's premises, where people may go out of his yard to that.

John Dunkin . On the 28th of last month I had a letter sent down to me to let me know, I had lost some of my malt. My servant went up on the Sunday to see after it, and it was safe; and on the Monday we missed seven sacks. I went to the New-court in Westminster, where they were examining the prisoner Johnson. One Child a constable said, he was the man that was found with some malt upon him; he seemed to make no confession at first. Afterwards he came in and made a confession, that he was the very man that stole part of my malt, and was carrying it in the night, when the watchman stopt him; this he confessed before the Gentlemen in my hearing. Mr. Freeman the constable went to search Murray's house, but by the way went in pursuit of West; we found him asleep in a public house before we came to Murray's house. He told us, he would go with us and shew us, where he pitched the malt, and told us, he put it in Mr. Murray's brewhouse. I had a sample of the malt in my pocket, that I had lost out of my boat, and by comparing it with some that I found, it appeared to be of the very same sort. We found six sacks of mine covered up under some bricks, in a little place by Murray's brewhouse, there was a way out of the brewhouse to that place.

Cross Examination.

Q. Is it not customary to have sacks left at one place and another where malt is delivered?

Dunkin. Certainly it is, but not to be hid in such a manner.

John Dolman . On the 28th of last month I was requested by Mr. Ameck and Dunkin to go to the new Guildhall, Westminster, on account of the malt being stolen from them. I attended with them. Johnson came there, he pretended innocency respecting it. Soon after that, he came in again, and acknowledged to the stealing malt in company with Doughty and West; his confession seemed to be very intricate and dark; the Magistrates put him by. After that they sent out for West. When West came into court, he, without any promise, voluntarily said, I'll tell all I know. I have been guilty with Johnson and Doughty of stealing those different malts to the quantity of three quarters, or more, that we sold to Mr. Murray, from Mr. Graves, that they had carried away from out of the craft, for 18 s. a quarter.

Q. What might malt be worth at that time?

Dolman. I am not in the trade, but I know at that time it went at 33 s. 34 s. and 35 s. and 6 d. a quarter.

Q. How do you know that?

Dolman. I am very intimate with Mr. Ameck and Dunkin, and some times see their books. West turned himself to me, and added farther, I am got in a sad hole, and (to the best of my knowledge) said, If I am not hang'd, I don't care if I am transported, I then said, you should not have stolen the malt; he said no more, than Johnson and West were concerned with him.

From West. He says, I was concerned in selling three quarters of malt to Mr. Murray.

Dolman. The malt that the prisoner means now is Ameck and Dunkin's malt, but the three quarters of malt now in question is Mr. Graves's malt; a distinct affair.

James Randal . I was at the searching Murray's house, I saw several sacks found with the mark HENLEY upon them; they were found on one side the hopper by Mr. Freeman and Mr. Dunkin, who took them out. I heard West say, he stole six sacks of malt, and sold them for 18 s. a quarter.

Q. What was malt worth a quarter at that time?

Randal. It was worth 36 s. a quarter.

Cross Examination.

Q. Is it customary when malt is sold, that the sacks are left by the owners?

Randal. The owners are so careful, that they will not let a sack be left if possible.

West's Defence.

I never had any concern in felling a grain of malt to this man, or any body else.

Johnson's Defence.

I have nothing to say, I am as innocent as the child unborn; I defy any body in the world to bring any thing against me, I have my serjeant here to my character.

Murray's Defence.

I never had any dealings with any of these men in my life. The sacks that were found in my possession I can give an account of, what were found not on my premises, I cannot.

Dunkin. In searching Murray's houses there were thirty beds in them, one bed we found made of nothing but sacks; there were on some of them marks in the same manner as these, part of west-country sacks. (He produced some pieces, the Jury inspect them.)

For West.

William Watson . I have known West three or four years; I never knew any ill of him before now.

For Johnson.

Serjeant Hurst. I have known Johnson about four years, he has behaved extremely well as a soldier.

Murray called William Beach, a dealer in malt, near Little Chelsea, who had dealt with him betwixt three or four years, who said, he was a brewer, and kept a public house, who gave him a good character; and William Parsons , a dealer in malt, who had traded with him, he gave him the same character; John Lowery , in the Broad-way, Westminster, who had known him seven years; William Wate of Great St. Ann's-lane, about five or six years; Eleanor Hay , about seven; Alexander Mearns , about a year and a half; David Edwards and Mr. Watson, seven years; and Mr. Mitchel, between seven and eight years; who all gave him the character of an honest man.

West and Johnson Guilty Death .

Murray Guilty T. 14 years .

164. (M.) Hannah West was indicted for stealing one piece of cloth, value 2 d. and several pieces of silk, value 5 s. the property of Rachael Spooner , and two shifts, value 1 s. 6 d. one dimmety petticoat, value 12 d. and one silk apron, value 2 d. the property of Robert Moore , February 22 . ++

Rachael Spooner . A servant in the house fell lame, and the prisoner did her business for a little time. I missed a flower'd silk gown, it was in pieces, and a piece of flower'd linnen; I suspected the prisoner had taken them, we found part of the things at her lodgings. She told us where the gown was, we went and found it at a Dyer's in Knave's-acre. The Dyer told us he had orders from her to dye it of a dark brown.

Q. Where were they taken from?

Spooner. From out of a box. I live in Mr. Moore's house.

Q. When had you seen them last?

Spooner. I saw them the Sunday before she came into the house, I cannot say I saw them while she was in the house. The shift and petticoat were found upon her back, the black silk apron was found in her pocket.

William Vaughan . I am the constable. I went with the warrant, we found in the prisoner lodging the piece of linnen. The prisoner said, she would confess to me in another room; she told me she had the two shifts on, she pulled them off, and delivered them; I saw the black silk apron taken out of her pocket. She went with us to Mr. Hill, the Dyer, where was the gown. (The things found produced in court.)

Mary Moore . My husband's name is Robert This silk apron and shifts are my property.

Prisoner's Defence.

I humbly implore the mercy of the court.

For the prisoner.

James Howse . I live in Swallow-street. The prisoner lived servant two years with me, she always behaved well, and bore the character of a very honest person in the neighbourhood. I heard Mrs. Moore say, she gave her the things, and looked upon it that she intended to be favourable to her, and she seemed very sorry for her.

Q. to Mrs. Moore. Did you say you gave her the things?

Moore. No, I did not. I said, I was sorry to see the things in such a condition.

Howse. I am very certain Mrs. Moore did say, that she gave them to her, and would have had her acquitted.

Susannah Ferrers . I live in Swallow-street. I have known her 9 years.

Q. What character does she bear?

Ferrers. She always bore a very honest character. She lived servant with my sister, I have trusted her in my apartment with all my things, I never missed any thing.

Ann Goodman . I have known her 6 years, she always bore a good character, I have trusted her with all the things in my apartment.

Ann Pell . I have known her 5 years.

Q. What is her general character?

Pell. A very good one, very honest and very industrious.

Guilty 10 d. W .

166. (M.) Stair Burnett was indicted for stealing one pair of silver shoe-buckles, val. 12 s. the property of Philip Bellie , Feb. 23 . ++

Philip Bellie. The prisoner had been 2 months in my service, I took him out of charity being almost naked; he went away, after which I missed my silver buckles. I taxed him with taking them, he owned he had, and that he had sold them.

Benjamin Cartwright . I am a silversmith. I bought these buckles of the prisoner at the bar, (produced and deposed to by the prosecutor) they do not weigh two ounces, iron chapes and all, I gave him 8 s. for them.

Prisoner's Defence.

The night before I did this thing I was drunk. I brought down my master's shoes, and cleaned them, but where I put the buckles I do not know, or whether I put them in the shoes. I did not find them till three days after in my pocket, then I sold them.

Guilty . T .

167. (M.) Andrew King was indicted for stealing 34 lb. weight of iron, val. 4 s. the property of Thomas Rawstone , March 20 . ++

Thomas Rawstone . I am a smith , and live in Long-Acre ; the prisoner was a servant of mine: the watchman stopt him with this iron; I did not hear of it till 15 days after it had been in the constable's hands; I have sworn to two of the pieces, which are 30 lb. weight and upwards. (produced in court) One was made for a supporter to one end of my grinding stone center, but I have since fixed it in a different manner, the other is a piece of a crank that I made for a gentleman's brew-house, where there since has been a fire, and I had it again as old iron.

Laurence Abel . I am a watchman in St. Giles's, about 20 minutes after 4 in the morning, of last Sunday was three weeks, I met the prisoner at the bar in Buckle-street, with this iron here produced. I asked him where he was going with it, he said from Mr. Buttall's at the Gridiron, and was going to one Mr. Watkins's in White-cross-street. I said, I do not think you came honestly by it; he said, if you think so we will go to a night-house and have a pot of beer, and lodge it there till I bring proof where I had it; but instead of that, I carried him to the constable; the constable said he must go to the round-house; he ran away as fast as he could; and got quite off. On Monday morning I went to Mr. Buttall to enquire if he had lost such iron? he sent a man to see it, the man said it did not belong to him. It lay in the constable's hands about a fortnight till the prosecutor saw it. The prisoner was apprehended again in about 17 days.

Prosecutor. Mr. Buttall let me know of this iron being stopt; I took the prisoner in White-cross-street, the constable brought him justice Welch's in Long-Acre, I sent for twenty my workmen, and desired the watchman to pick him out from the rest; he pitched upon him directly. I have been robbed within these 9 months of about fifty 100 wt. of iron.

Prisoner's Defence.

He sent for his men to be sure, but when the man came in he saw the constable along with me, and looked at me and nobody else.

He called John West , Ann Ballard , and Mary Matthews , who gave him a good character.

Guilty . T .

168. (M.) Paul Lewis was indicted for that he with a certain offensive weapon, called a pistol, which he had and held in his right hand, on John Cook wilfully and feloniously made an assault, with an intent the money of the said John to steal, against the form of the statute , &c. March 12 .

To which he pleaded guilty .

(M.) He was a 2d time indicted for being an ill-designed and disorderly person, of a wicked mind and disposition, not regarding the laws and statutes of this realm, nor pains or penalties that should fall thereon; that he, on the 12th of March, with a certain pistol, val. 5 s. loaded with gunpowder and a leaden bullet, which he had and held in his right hand, did wilfully, feloniously, unlawfully, and knowingly shoot at Joseph Brown , he being on the King's highway, against the peace of our sovereign lord the King , &c. *

Joseph Brown . I was going home on the 12th of March last to the parish of Wilsden ; within about a quarter of a mile of my own home, the prisoner at the bar came up, and clapped a pistol to my breast, and bid me stop; I said for what? I shall not stop, this is my way home; he cried stop again. I said, it is not my intent to stop to you, neither will I be stopt. I past him, and went on; he came up on the side of me, and then shot at me slap, and by my horse's starting, I fell, but fell upon my feet. I turned about, and saw Mr. Pope had got the prisoner in his custody. I went and took hold of him, and clapt my knee on his breast, and said, pursue the other, (there was another man in company with the prisoner that was rode off.) He pursued; while I was holding the prisoner on the ground, he begged for mercy, saying he was a gentleman bred, and if I would let him get up, he would go with me wherever I desired. I had not the presence of mind to search him; I let him get up, after which he clapped another pistol to my breast, and said, now d - n you, I'll shoot you dead. I knock'd the pistol from my body with my right-hand downwards, and as it pointed to my thigh, he snapt it, and it flash'd in the pan, but did not go off. I immediately kicked up his heels, and clapt my knee upon his breast, and with my garters tied his hands, and took his pistols; after which I delivered him into the custody of the constable; he took ten bullets and a bullet-mold from him; we found the pistol that he snapt at me was loaded with powder and one ball. (Two pocket pistols produced in court.) These are the pistols which he had.

Q. from prisoner. Whether I threatned to shoot you?

Brown. Not as I heard.

Q. from the prisoner. Did you not say, if I would give you some money, you would let me go?

Brown. No, I did not.

Francis Pope . As I was going from London on the 12th of March between 5 and 6 in the evening, I met a chariot near Mr. Godfrey's; a gentleman and lady were in it; the coachman said to me, take care; I turned my horse and said, did you speak to me? yes, we have just been robbed by two highwaymen, they are now waiting in the bottom, I would not have you go that way. I said, I must go that way, it is my way home. I went on pretty fast; when I came within a quarter of a mile of my own home, turning a short corner of the road, I saw two men sitting on their horses, with masks on their faces; it did not much surprize me, because I expected to see them. I kept riding on, thinking I might release the man they then attacked, which was Mr. Brown; the prisoner discharged a pistol; I immediately saw Mr. Brown off his horse, I imagined he might be shot.

Q. Could you see what aim the prisoner took?

Pope. I could not distinguish what aim he took, but I saw the smoak pretty near Mr. Brown's head; with that I clapt spurs to my horse, and rode up to the prisoner, took him by the collar, and pulled him down; his partner then made a retreat; Mr. Brown came and called me by my name, and said, I'll take care of this man, do you pursue the other. I was off my horse, I got up again, and pursued about three quarters of a mile; he found I gathered ground of him, so quitted his horse and got into the fields, and I lost him. I got his horse.

Q. to Brown. Did the prisoner demand any money of you?

Brown. No, he did not; let he bid me stop.

Prisoner. This man is an atheist; he gives it out in the neighbourhood that he believes there is neither God, or devil. I think such a man's oath should not go in such a case.

John Cook . I was going from town when it was about sun-set. Two men came after me and cried, stop, stop; I looked at them, and saw they were masked; they said, we must have your money. Said I, I am a poor man, and have no great matter of money: I pulled my money out, they both presented a pistol at me; they said, you have more: I said, I had no more: they said, they were sure I had. While we were in this discourse one of them said to the other, go stop that other; then Lewis went from me, the other staid; presently he said to me, don't you stir or go away, or to that purpose; he left me, and at that time Lewis fired; I turned about upon it, and saw three men on the ground, and the other riding away; I went to their assistance, they sent to the Green, and assistance came.

Q. to Brown. Was the prisoner masked when he wanted you to stop?

Brown. He was, and also when he fired his pistol.

George Stoaker . I am constable. I was sent for to take the prisoner in custody. I found 10 bullets and some powder in his pocket.

Prisoner's Defence.

Seeing the evidence is so plain, I can say little to it; to be sure when I saw farmer Cook turn round the corner I did fire at the horse, any one in my circumstances would have done the same, but I do declare I never had any intention to take the man's life. This thing has been so represented to my friends, that I have hone here to speak for me, so I leave it entirely to the court.

Guilty Death .

There was another indictment against him for stopping Mr. Brown with an intent to rob him.

See him tried before, for robbing Mary Brook in the Worcester stage near Shepherd's Bush, No 4 in this Mayoralty.

169, 170. (M.) James Donaldson , and William Robinson were indicted for stealing five linnen shifts, val. 20 s. three neckcloths, val. 3 s. one sattin waistcoat, val. 5 s. one worsted waistcoat, val. 5 s. and twenty half guineas, the property of Charles M'Carty , in the dwelling-house of the said M'Carty , March 18 . *

Charles M'Carty. When I was robbed I lived on Little Tower hill . I lost the goods and money mentioned in the indictment; I was not at home at the time they were taken, which was on the 18 of March.

Mr. Simpson, who keeps a public house in the parish of Greenwich, deposed, on the 25th of March the two prisoners came and enquired for a lodging for a night, that they run up a score, and staid day after day, he wanted them to pay and be gone; he begun to have great suspicion of them, by observing pistols in one of their pockets; that he got assistance and had them secured, there were three pistols found upon them, and Donaldson had a shirt and two neckcloths found upon him, (produced in court and deposed to by the prosecutor) there is C. C. upon one of them, the other is taken out, but it is the same cloth.

Elizabeth M'Carty. I am wife to the prosecutor, I was out along with him at the time the things were lost. The prisoners were seamen, and lodged at my house at the time they said they were going to the India-house to receive a great deal of money, but they came no more; we had the things advertised, by which means we came by these again.

Josiah Watson . I was sent for when the prisoners were taken, and seeing one of the shirts marked C. C. as advertised, I let the prosecutor know of them. I found in Donaldson's pocket sixty-five bullets and some gunpowder, they had three pistols upon them.

Donaldson's Defence.

When we came to that house we lodged there two or three days, we were quite strangers, we got a little fuddled, and went away; we met with one Cotton, and gave him 12 s. for the shirts, and 3 s. for the neckcloths. He told us he was bound for Liverpool. We went to Greenwich to the other man's house on Friday night, we were going on ship board on the Monday: we told him we had no money, I gave him my watch for security for the reckoning. He took us up upon suspicion, because he saw pistols in Robinson's pockets.

Robinson.

I have nothing at all to say.

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

171. (M.) John Turner was indicted for stealing one silver tankard, val. 5 l. the property of Mary Ebden , in the dwelling-house of the said Mary , April 4 . *

Mary Ebden . I live at the Bleeding Heart, Cross-street, Hatton-garden . On the 4th of this instant I lost a silver tankard, I advertised it, and it was found in consequence of that. (A parcel of plate seemingly the contents of a tankard cut in pieces produced in court. She takes up the lid, which was only doubled together) This I can swear to, here is my mark plain to be seen on it, I have great reason to believe the rest to belong to it.

George Rankin . I am constable. I brought the prisoner from Barnet, a Broker there had stopped him; when I came to him, he confessed he had taken the tankard out of the prosecutrix's house, and cried, and was very sorry for what he had done. It was then in pieces in the same condition as now.

Thomas Winkley . I am Mrs. Ebden's son. I went to Barnet in order to bring the prisoner to town, he there confessed to me and the constable that he took this tankard from our house, it is my mother's property.

Prisoner's Defence.

I leave it to the mercy of the court.

He called five people to his character, who all said he was a Shoemaker by trade, and worked hard at his business, and behaved by what they ever knew before very honestly.

Guilty Death .

172. (M.) George Chippendale was indicted, for that he in a certain court called Hammer-and-crown court, near the king's highway, on Thomas Harding did make an assault, putting him in corporal fear and danger of his life, and taking from his person four pounds of isinglass, val. 35 s. the property of John Phillips , March 27 . *

Thomas Harding . The prisoner, in company with two others, stopped me at my door in Hammer-and-crown court, near Ratcliff-cross ; he d - d my eyes, and asked me what I had got in my pockets. My wife opened the door, they seeing the light of the candle, to the best of my knowledge it was the prisoner, catched the isinglass out of my hand, and they all made off directly. I called out, stop thief, and pursued directly. Several gentlemen ran out of the Ship tavern, they pursued, and the prisoner was soon taken. It was a moon-light night, I am certain to the prisoner. The isinglass cost 35 s. the property of Mr. John Phillips my master.

Thomas Overton . I am a waiter at the Ship tavern Ratcliff-cross. Between the hours of 12 and 1 at night I heard the cry stop thief, I knew Mr. Harding's voice, I went out, he said he had been robbed of four pounds of isinglass, and told which way they were gone; I pursued and got up to the prisoner, and took him by the collar, I said, you are the thief, come along with me. Mr. Martin came to my assistance. He swore in a very bad manner when we got him into the tavern, and said, gentlemen I know you all, and if ever I live to get over this I'll do for you all.

Humphry Martin . I was at the ship tavern with several gentlemen. I ran out upon hearing the cry stop thief, and when the waiter and I had taken the prisoner, I found this parcel of isinglass about ten yards from the place the prisoner stood. We brought him to the Ship tavern, there he looked at several gentlemen, and said, I have failed along with you, and you, and looking at me, said, I know all your haunts, and if I get clear of this I'll do for you.

Prisoner's Defence.

I was not the person that took the isinglass.

Guilty Death .

173. (M.) Richard Smith was indicted for that he, on the 13th of March , about the hour of 2 in the night, the dwelling-house of John Millard did burglariously break and enter, and stealing three silver table-spoons, value 13 s. six silver tea-spoons, val. 6 s. one pair of silver tea-tongs, and 960 copper halfpence, the property of the said John, in his dwelling house . *

John Millard . I live at Uxbridge . On the 13th of March, in the night, my house was broke open at the kitchen-window, and three locks forced in the bar, and the things mentioned in the indictment taken away. The prisoner was taken sometime after, and in his bundle was found one of my tea-spoons, which I had then lost. (produced and depos'd to by the mark.) He was at my house the over night.

William Pain . I am servant to the prosecutor. The prisoner came into the house on the 21st of March, and asked for a lodging; he had four pints of ale, and took an opportunity to slip away without paying his reckoning, and at night the window was broke open, and the things mentioned taken away.

The prisoner behaved at the bar as an idiot.

The clerk of the papers was asked, how he had behaved as to the slate of his mind since in Newgate? who answered, he had not had opportunity to observe that, he having been there but five days.

Q. to Pain. How did he behave as to his mind when you had him in custody?

Pain. He said but a few words to me, but talked very well before Justice Fielding.

Prosecutor to the same question. He behaved very sensible when at my house.

Edward Gen . I am constable. I carried him before Justice Clitherow, he talked very well then, and talked very sensible all the way we went to Newgate. I drank part of a pint of purl with him, and asked him several questions.

The prisoner was asked several questions, and told the consequence of this his behaviour; he made no answer, but kept looking on the ceiling and about him.

Guilty. 10 d.

(M.) He was a second time indicted for that he, on the 21st of March , about the hour of 2 in the night, the dwelling-house of AmbroseTawney did break and enter, and stealing one pair of leather shoes, value 1 s. the property of Mary Lynch ; spinster , and one pair of cotton stockings, value 1 s. the property of James Prague . *

Ambrose Tawney deposed, he lived at Ealing ; that his house was broke open on the 21st of March, about 2 in the night.

Mary Lynch , his servant, deposed, she had paid Peter Whitmore 3 s. 6 d. for a pair of new shoes, which he had brought her home over night, which were missing next morning after the house was broke open.

Edward Gen , the constable, deposed, he took from him a pistol, a pair of shoes, and a pair of white cotton stockings. (Produced in court.) I saw this horse-pistol stand out of his pocket, and I thought he had no good design, so I took him up.

Peter Whitmore deposed, he made the shoes for Mrs. Lynch, and they were delivered to her over night.

M. Kynch deposed, the stockings were in her master's house over night.

Joseph Lawrence . I held his arm while the constable took these things out of the prisoner's pocket.

Q. How did he behave as to his understanding.

Lawrence. He behaved very sensible, and talked very well.

Guilty of stealing the shoes . T .

174. (M.) George Clark was indicted for stealing one bank-note No 283, signed Benjamin Sabertine , bearing date London, 16 March 1763, for 200 l. one ditto No 21, signed Thomas Tomlinson , London, 9th of March 1763, for 100 l. one ditto No 240, London, 17th of Feb. 1763, value 25 l. one ditto No 82, London, 21st of Feb. 1763, for 20 l. one ditto No 81, London, 21st of Feb. 1763, for 20 l. one ditto, London, 8th of Nov. 1762, for 20 l. the said notes being due and unsatisfied, the property of Thomas Elrington , Esq ; against the peace of our Lord the King, and against the form of the statute in such case made and provided , March 31 . +

Thomas Elrington . On the 31st of March I being at the war-office about some business, I was desirous of seeing his Majesty as he was then passing by; I stept down to the door, and observed there was but a few people under the piazzas; my coat was open, having a charge in my pocket, I clapt my hand to it; one or two people came and placed themselves by my side, I believe there was a woman on my left side; I button my coat, and placed myself close to a pillar; I found some body push'd me behind, I turned about, I can't say I took so much notice as to say it was this man, but there were but two or three men by me at the time; I said, there is no occasion to push me now, there is no crowd here; a man said, I want to see, I want to see His Majesty going by immediately, I took my hand from off my pocket in order to take off my hat, two or three people cried, O ra! I felt something immediately at my pocket; I turned about, the prisoner was then on my right side, he got between me and the pillar, he turned about shuffling his hand in his pocket, so as to make me suspect him. I clapt my hand to my pocket, not being willing to accuse a person till I was sure. He went by me; I said, stop, sir, I want to speak with you. He did not seem to mind me much. I said, you have got my pocket-book; then he fell to running as hard as he could, and got as far as the Iron-gate-way, that being crowded, he could not get through very cleverly, which gave me an opportunity of getting up to him. I said, you have got my pocket-book, a thing of too much consequence to loose. He got from me, on which I cried out, stop thief; the crowd made way for me, and a man or two seized him. When he got near the Tilt-yard coffee house window, there was a seaman very officious to search him, he cried, search him, search him! said I, don't be so officious, I'll search the gentleman myself. It was a red leather pocketbook with the notes in it as mentioned in the indictment. I put my hands by the sides of his pockets, and found nothing there, I said, you are the man that picked my pocket, I insist upon carrying you before a magistrate. I brought him into the guard-room, and begged a file of musqueteers to attend him. The seaman, whom then I suspected to have an intention to conceal this man's roguery, went voluntarily before the Justice, and swore he saw the prisoner strive to make his escape from me. As we were going, the prisoner seemed a good deal confused, when he heard the consequences of the pocket-book, and said in a kind of flutter, he would give 50 l. that I had my pocket-book again, but if any honest person has got it, you may depend upon getting it again; then, said I, you have thrown it away; he said, no, I have not seen it. (He mentioned the several numbers names and sums of the notes.)

Q. (A note is put into his hand.) Look at this note.

Elrington. This I can swear to as one of them, it is No 82, payable to Henry Martin , signed Edward Stone , for 20 l. dated 21st of Feb. 1763. There was also another of the notes negociated the same day, betwixt 4 and 5 in the afternoon, for 25 l.

Richard Devordack . I am acquainted with Capt. Elrington. I was near the Tilt-yard coffee-house when the King went by to go to the house. I saw the captain have hold of the prisoner, the prisoner got from him, and run just before the king came through the iron gate; after that I saw the prisoner run a second time, after that he was stopped; he was carried to the guard room, and from thence to Justice Fielding's. I asked him, why he run away from the captain if he was not guilty? He said, he was not the man. I said, I saw you run. He said, that is nothing to the purpose, I am not the man: he said, he was not uneasy, he could get security for ten thousand pounds for his good behaviour: he said also, he would give 50 l. that the captain had his book again, and if it fell into an honest man's hands the captain would have it again.

John Kirkland . I saw a mob and the captain running, he called out stop thief, he took the prisoner by the collar, the prisoner broke from him, and bobbed his head, and got into the mob, a sailor run and took him, and carried him into the guard-room.

John Vandicom . I was waiting to see his Majesty come through, and heard the gentleman cry stop thief, I went and took hold of the prisoner, and begged to search him. The gentleman suspected, I believe, I belonged to the prisoner, so I went with him to the Tilt-yard guard-room; he was searched, and a file of musqueteers guarded him to the Justice's. The gentleman had a coach; I thought he was going to charge me, but he said, no, he did not charge me; so I got up behind the coach. There I told the Justice I stopped the man, and searched him, and found nothing upon him. The captain said there was a sailor man whom he did not know but was concerned. So one came and snapt my a - c, and felt about me, and another came and did the same, but I had nothing about me. I never saw the prisoner in my life before that time.

Prisoner's Defence.

I am a cabinet and chair maker, and live in Cold-bath-fields, Gray's inn-lane. The captain took hold of me, I had just wiped my face, and put my handkerchief in my pocket; he said, had put his pocket-book in my pocket. I was myself, and going to Madam Heckshaw's to enquire after a kinsman that lived in the country.

To his Character.

Daniel Porter . I am a Chair maker, and live on Saffron-hill. I have known the prisoner between three and four years, I never heard any harm of him, he is a housekeeper, and works in the small way in the cabinet way, he always bore the character of an honest man, I look upon him as such.

Mary Jefferson . I live next door to the Angel in Islington. I have known the prisoner from an infant, he always bore a very good character, I look upon him to be a very honest man.

Q. How do you live?

Jefferson. I am a widow, and live upon what little I have.

Acquitted .

175. (L.) Henry Bamham was indicted for stealing one cloath coat, val. 10 s. two waistcoats, one pair of shoes, two shirts, a pair of stockings, a copper quart mug, and a gold ring , the property of John Holland , March 30 . +

Sarah Holland deposed, her husband was in the Poultry-compter, that the prisoner lodged in her house, she missed the things mentioned, suspected the prisoner, she found a pair of stockings in the prisoner's box, and he owned he had given the gold ring to a person to whom he was going to be married, where she found it. (Produced and deposed to.)

Matthias Cane , the constable, confirmed that of the prisoner's confession, and the finding the ring accordingly.

Guilty T .

176. (L.) Jane Hughes , spinster , was indicted for stealing a silver spoon, val. 8 s. the property of William Brown , March 23 . +

William Brown . The prisoner came to my house in Wood's close for a crown's worth of sausages, on the 23d of March; the same day a silver table spoon was missing, I found it again upon seeing it advertised.

Thomas Harding . I am a Goldsmith, and live in the Minories. The prisoner came with a man to my shop on the 23d of March, about 4 in the afternoon, and offered to sell this spoon, (producing a spoon broke in two pieces). she said she had it at one Mrs. Price's at Queen Hythe, that the maid happened to break it, and the mistress made her pay for it, and she gave it her to fell. I took her into custody, and had the spoon advertised, and Mr. Brown's people came and owned it.

Court. You have done exceeding well.

Mr. Brown. This is my spoon, I have had it twenty years.

Mary Fletcher . Mr. Brown's servant, deposed, the prisoner was at her master's the day the spoon was lost from out of the closet, that the prisoner had been left alone for some few minutes near it.

Prisoner's Defence.

I am a poor basket woman, I am as innocent as the child unborn, I found it as I was coming to Billingsgate about 4 o'clock in the morning wrapped in a piece of paper.

Guilty T .

177. (L.) Mary wife of James Rose was indicted for stealing a linnen shirt, val. 3 s. the property of John Barlow , April 5. +

Guilty 10 d. W

178. (L.) Jane Stevens , widow , was indicted for stealing a pair of women's stuff shoes, val. 2 s. 6 d. the property of Elizabeth Hoppy , widow , March 12 . ++

The prosecutrix keeps a shoemaker's shop in St. Paul's Church-yard, near Doctors Commons ; the prisoner went in to be fitted with a pair of shoes, she took an opportunity to secret a pair, which were found upon her.

Guilty 10 d. W .

179. (M.) Hannah Dagoe , widow , otherwise wife of William Connor , was indicted. together with one Mathews, not taken, for stealing three copper sauce-pans, a copper tea-kettle, an iron stove-grate, an iron sender, a gridiron, four harrateen bed-curtains, a feather-bed, three blankets, two quilts, one teaster, six matted chairs, a wainscot table, seven pictures framed and glazed, three silver tea-spoons, one pair of bellows, one hair trunk, one table-cloth, one silk and worsted gown, three linnen aprons, one lawn apron, two laced caps, two linnen caps, two cambricks hoods, one cambrick handkerchief, one stuff gown, one callimanco petticoat, one cloath cloak, two linnen shifts, one pair of cotton stockings, one pair of cotton gloves, one velvet bonnet, and other goods, in the whole to the amount of 11 l. 4 s. the property of Eleanor Hussey , in the dwelling-house of Susanna Rowland , widow, March 17 . +

Eleanor Hussey . I lodge at the house of Susanna Rowland in Phenix-street, Spital-fields . On the 17th of March the prisoner came to my lodging between 12 and 1 in the day; she said she would shew me where she lived, and would make much of me: she had done plain work for me in my husband's time. She took me and Mary Wayland out in a coach to the Nag's-head in Leather-lane, and got some fish for dinner, and left us there between 4 and 5; about 9 she came to us again, then she went out, as she said, in order to get a coach to send me home, she never returned, but left me to pay all the reckoning; she had a hussey that she pretended was her servant, name Ann Mathews , with her: there I was obliged to stay till 9 the next morning, and forced to sell my ring to pay the reckoning. When I went home there was nothing left but my bedstead, which could not be easily unscrewed. I lost all the things mentioned in the indictment, (mentioning them by name) the chamber door had been burst open. Two or three days after this I chanced to be going by Mr. Meers's shop, a Broker in Hounsditch, and saw my gridiron and two pictures, by which means I came to find more of them, six chairs, the trunk, the bed-curtains, the bed-trick, the bellows, the gridiron, and four pictures. I asked the Broker before the Justice, what he had done with the rest of the things? He said, he had sold them.

Susanna Rowland . The prosecutrix lodged in my house. On the 17th of March the prisoner came and took Mrs. Hussey and Mrs. Wayland out in a coach; about 5 in the afternoon the prisoner came back with a woman she called her maid; she made as if she was tired, I asked her to sit down; I said, where is Mrs. Hussey? she said, at her house; she said, she had known her some years to have lived well, and she would keep her, and maintain her; she has lived in credit, and it is hard she should work for a bit of bread, which made her heart bleed to see it. She said she had got a little tenement, and she should dwell in it. I said, I wonder Mrs. Hussey did not let me know of it. She said, she did not know of it herself till she told her after she was gone out with her. I said, where is Mrs. Wayland? She said, she is making the room clean against the bed comes. What with her behaviour and appearance I believed her; she opened the prosecutrix's door, and brought the things out, with the assistance of others that she got to help her, and got a porter to carry them away. She said Mrs. Hussey had given her a strict charge not to meddle with any of Wayland's goods. She took all Mrs. Hussey's except the bedstead. (She mentions most of the goods which she saw the prisoner bring out of the room.)

Mary Wayland confirmed exactly the account given by the prosecutrix.

Jacob Meers . I am a broker, and live in Shoreditch. On the day after St. Patrick's day the prisoner brought these goods to my house, I bought them of her: a bed and bolster, curtains belonging to a four-post bedstead, the valance, two blankets, two quilts, two sauce-pans, a tea-kettle, two tables, a stove, a fender, tongs, poker and shovel, a pair of brass candlesticks, a flower-box called a drudger, six chairs, four pictures, a trunk, and a pair of bellows. Some of the things I have sold. (Most of these goods produced in court, and deposed to by prosecutrix.)

Q. What did you give for the goods you bought?

Meers. It was 7 l. within a shilling under or over.

John Beckwith . I was the officer that had the prisoner in charge, after she was committed. Justice Fielding granted a warrant to go and search for the goods, which we found at Mr. Meers's house. Some of the things we could not get into the trunk, which we have not brought here; that is, six chairs, bellows, stove grate, and fender.

Prisoner's Defence.

I was at Leather-lane with her, but I did not take the things. I leave it to your Lordship's mercy.

Guilty Death .

There was another indictment against her, for stealing a quantity of goods , the property of George Ingram .

The prisoner is the person who stabbed Ralph Wayne in Newgate, an accomplice and evidence against Morgan and Dupuy. See Wayne's evidence No 171, 172, in Sir Matthew Blakiston 's Mayoralty.

She was also in Newgate in July last, but had the good fortune to escape a prosecution.

180. (M.) Greatorer, wife of Lawrence Rhubery , was indicted for stealing three guineas, three half guineas, one 4 s. and 6 d. piece, and 10 l. 1 s. in money numbered , the money of Engebore Janstadt , spinster .

Engebore Janstadt. I am a stranger in this country. I lived in Lower-bell-alley, Wapping, I trusted the prisoner to keep my money 15 l.; three guineas, 3 half guineas, a 4 s. 6 d. piece, and the rest in silver. It was put into her chest about five weeks ago; she says, it is now gone.

Q. Did you ever hear her confess taking it?

Janstadt. No. I never found any of it again.

Acquitted .

181. (M.) Hugh M'Pearson , mariner , was indicted for stealing four quarts of strong beer called porter, val. 1 s. three cloth sailor's jackets, val. 1 l. 1 s. one shirt, val. 1 s. two pair of worsted stockings, val. 5 s. one pair of cotton stockings, val 1 s. and two pair of linnen trousers, val. 5 s. the property of Andrew George , in the dwelling-house of the said George , March 8 . +

Andrew George . I live in Queen-street, Tower-hill : I am a Greek . About a month ago I had some people in my house drinking beer, there came two foreigners in my house, after they had been knocked down, that had met with some English sailors in the street, they had quarrelled; there came almost two hundred English sailors, the prisoner was one of them, they stripped my house entirely. The prisoner went into my cellar and drank four pots of porter; after that I saw him go up stairs, and break the lock of one of my chests; the rest of the sailors came to knock me down. I ran down stairs. The things mentioned in the indictment were all taken out of the chest by some body. They let my beer about the cellar.

- Cole. I found the prisoner in the prosecutor's cellar: he let the beer about the cellar, and was very obstrepulous. I saw nothing of his taking the things out of the chest; I took him prisoner. The other sailors had ran away and left this alone, when they heard the soldiers were coming.

Prisoner's Defence.

I did not touch any thing; I was engaged among them quite in liquor; the house was full of people.

Acquitted ; but detained to take his trial for a riot at Hick's-hall.

182. (L.) Charles Patten was indicted for stealing a pound of cocheneal, val. 12 s. the property of William Anson and comp. to which he pleaded Guilty . T .

183. (L.) James Freake was indicted for wilfully and feloniously making an assault on Abraham Portall , and by menaces demanding the sum of 100 l. of him, with intent the money of the said Abraham to steal , Feb. 7 ; to which he pleaded Guilty . T .

184. (L.) John Huckwell was indicted for stealing one watch, with the inside silver and the outside metal and fish-skin, val. 40 s. one watch-chain and one Bristol stone seal set with gold , the property of Samuel Nicol Edlyne , Esq ; March 1 . ++

Samuel Nicol Edlyne . I was going by St. Andrew's church on the 1st of March, there was a crowd of people; a gentleman before me obstructed my passage. The prisoner was on my right hand. A gentleman's going in, left the passage clear, the prisoner chucked me as if to push to get forwards upon my right side, and I felt my watch going out of my pocket, I instantly seized the prisoner; he endeavoured to force himself from me; he was close to my right side when I seized him; he pulled me four or five feet. I said, you have got my watch; he said, he had not. Immediately I called the constable, who took him into the church-yard; immediately a boy, named Edward Price , brought the watch into the church-yard to me, upon which the prisoner was taken to the compter. I am certain he was the person that took it out of my pocket, and I apprehend he dropt it on the ground. I have sent a subpoena to the boy's mother, but she would take no notice of it. I have taken some pains to get him here, but cannot meet with him; I imagine he is kept out of the way. (The watch produced in court and deposed to.)

Q. Was it possible do you think for any body that was behind you to take it?

Edlyne. He was so very close to me that I do not think any body could. I found none of the crowd press upon me but the prisoner, and the instant I felt my watch go out of my pocket, I instantly laid hold of him.

Q. Might not another man have put his hand under your coat and taken it?

Edlyne. I cannot swear that; I can absolutely take my oath, that it could not be any body behind me.

Prisoner's Defence.

As I was going through the crowd, the gentleman charged me with taking his watch; I said, if you have any suspicion of me, take charge of me. He committed me to the constable, they took me to the church-yard. The watch was found on the ground out of the case, and the case upon the ground also.

He called Thomas Highbell , a watch-spring-maker, who said, the prisoner is a watch-gilder, that he had known him four or five years, and had never seen any thing amiss of him; and Thomas Whiston , a silver buckle-cutter, who had known him about three years, who said, his general character was very good.

Acquitted .

185. (L.) John Rice , Broker , was indicted for forging and counterfeiting, and procuring knowingly and wilfully, acting and assisting in forgoing and counterfeiting the name of Ann Pierce , a person then intitled to a certain share in the joint-stock of South-sea annuities, to a certain pretended letter of attorney, purporting to have been signed by the said Ann, and to have been sealed and delivered by her, and to be a letter of attorney from her the said Ann to him the said John Rice of Exchange-alley , which said letter of attorney is to the purport and effect following; that is to say,

"Know all men by these presents, that I

" Ann Pierce , widow, executrix of Henry Pierce ,

"late of Bedell, in Yorkshire, deceased, do

"hereby make, ordain, constitute, and appoint

" John Rice , of Exchange-alley, my true and

"lawful attorney, for me, in my name, and on

"my behalf, to sell, assign, and transfer, unto

"any person or persons whatsoever, and

"for any consideration, sum, or sums of money

"whatsoever, all or any part of five thousand

"pounds, old South-sea annuities, standing in

"the name of the said Henry Pierce , deceased;

"also to give the necessary receipts, acquittances,

"and discharges, for such consideration moneys,

"hereby ratifying and confirming all that my

"said attorney shall lawfully do, or cause to be

"done, in and about the premises, by virtue of

"these presents. In witness whereof I have

"hereunto set my hand and seal this 6th day of

"November 1762.

" Ann Pierce .

"Sealed and delivered, being

"first duly stampt, in

"in the presence of

" Thomas Wynne ,

" Edward Jones ."with intention to defraud the governor and company of merchants of Great Britain trading to the South Seas, and other parts of America, and for the encouraging the fishery, against the form of the statute in such case made and provided.

It was laid over again to be done with intent to defraud Ann Pierce .

There was a third count with intention to defraud Thomas Brooksbank , and in which indictment he was likewise charged for feloniously endeavouring to assign and transfer the aforesaid annuities belonging to the said Ann Pierce , against the statute in that behalf, November 10 . *

John Henry Fenoulhet . I belong to the South-sea stock-office, and new South-sea annuities. I think it was the 6th of November last Mr. Rice came to me at my office at the South-sea-house, and desired me to make out a letter of attorney for Mrs. Ann Pierce , executrix for Henry Pierce , to sell five thousand pounds in South-sea annuities. (He gave me a memorandum in writing) He was to be the attorney.

Court. Look at this paper.

Penoulhet. (He takes it in his hand.) This is the very letter of attorney, I filled it up. He came to me between 1 and 2 in the afternoon, and told me the gentlemen in the old annuity office were gone, and desired I would fill it up for him, which I did immediately, and he took it away with him.

The clerk of the arraigns reads the letter of attorney.

Henry Lowth . I am a clerk in the letter of attorney office for old South-sea annuities. This letter of attorney (taking it in his hand) was brought to the proper office in order for Mr. Rice to transfer by it; who it was brought it I do not know, it may be brought by any body.

Q. Did Mr. Rice act upon it?

Mr. Lowth. He did. He sold five hundred pounds to Mr. Brooksbank, it was dated the 6th and it was acted upon the 10th; every letter of attorney must be brought a day before it can be acted upon.

Q. Was there any transfer made out, and by whom?

Mr. Lowth. There was by Mr. Rice to Mr. Thomas Brooksbank of Exchange-alley.

Q. How do you know that was done by Mr. Rice?

Mr. Lowth. I witnessed the transfer, (the transfer book produced) it is No 94, this is my name; (pointing to it.) I either saw him write it or he acknowledged it for his hand writing.

(The clerk of arraigns reads the transfer.)

Signed in the presence of B. Webb, Henry Lowth .

(A receipt produced.)

Mr. Lowth. The whole of this is Mr. Rice's writing, he gave it me as a receipt for that stock.

The clerk of arraigns reads it to this purport,

"Old South-sea annuities, London, 10th of

"Nov. 1762.

"Received of Mr. Thomas Brooksbank the

"sum of 419 l. 2 s. 6 d. being in full for 500 l.

"in the joint-stock of South-sea annuities, &c.

"Signed John Rice ,

"Attorney to Ann Pierce , widow, executrix

"to Henry Pierce , Esq;

"Witness B. Webb, H. Lowth."

Samuel Dull . I am clerk to the old South-sea annuities, it is my business to examine letters of attorney brought to transfer for stocks.

Q. Was this letter of attorney brought on any occasion, and by whom?

Mr. Bull. (He takes it in his hand.) This was produced to me as one of the committee, and I signed it the 8th of Nov. believing it to be her hand-writing. I wrote upon it allowed, and signed my name as allowing of it.

Court. You mention a committee, explain that.

Mr. Bull. All the supervisors are appointed a committee to examine all letters of attorney, which must be allowed one day before they are acted upon, and they must be allowed by three, and signed by them.

Robert Montague . I am a deputy accomptant.

Q. Do you know of any money being transferred by the company to Mrs. Pierce?

Mr. Montague. Yes. Mr. Rice having by virtue of four letters of attorney, in the name of Ann Pierce , widow, and executrix to Henry Pierce , transferred the sum of 19,900 l. which several letters of attorney were produced and shewn to Mrs. Pierce, (when she appeared upon examination on the 27th of Dec. last) under which these several transfers were made, she declared her name to each and every one of them was forged, she declared she never had any consideration money. And the company was advised, under that circumstance of the case, to make that stock good, which they did.

Ann Pierce . (She takes the letter of attorney in her hand) This name at the bottom is not my hand-writing.

Q. Are you intitled to some stock as executrix to Mr. Henry Pierce?

Mrs. Pierce. I am.

Q. Did you ever give any letter to Mr. Rice, to transfer those annuities to any body?

Mrs. Pierce. No never.

Q. Have you the probate of Mr. Henry Pierce 's will.

Mrs. Pierce. Here it is, (producing it) he was my husband.

Q. Has any stock or annuities been transferred to you since this?

Mrs. Pierce. Yes.

(The probate read in court.)

Thomas Wynne . I was applyed to by Mr. Rice, he asked me to come up stairs at Sam's coffee-house, I am a waiter there.

Q. When was this?

Wynne. I do not remember the time, it was in the gallery.

Court. Look, at this paper.

Wynne. (He takes the letter of attorney in his hand) This my name at the bottom is my handwriting.

Q. How came you to write it?

Wynne. Mr. Rice bid me put my hand down there.

Q. What did he say to you?

Wynne. He said nothing at all, only bid me put my hand down there.

Q. Was any body present at the time?

Wynne. No there was not, only he and I.

Q. Look at that lady, (meaning Mrs. Pierce) was she there?

Wynne. I never saw her in my life before now. After I had done he bid me go down and send my fellow-servant up. I did, his name is Edward Jones .

Q. Did you know what you was putting your name to as a witness?

Wynne. No, I did not. He bid me put my name down, but did not say for what.

Q. Did you know the consequence of the thing?

Wynne. No, I did not.

Q. Had you known Mr. Rice before?

Wynne. I had, he was generally every day at our coffee-house.

Court. You should be careful to know the contents of what you are witnessing. It is not an innocent act to set a name as a witness.

Edward Jones . I was a waiter at Sam's coffee-house in Nov. last. I cannot tell the particular time, but I was called up by my fellow-servant, who said Mr. Rice wanted me; when I went up Mr. Rice requested me to put my name under my fellow servant's name.

Q. Did he tell you for what?

Jones. No, he did not.

Q. Did you know what it was?

Jones. No. I wrote my name as he bid me.

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

Jones. No, only Mr. Rice and I.

Q. Did you ever sign any thing as a witness before upon any occasion?

Jones. No.

Q. How came you to set your name upon a paper not knowing what it was?

Jones. He desired my fellow-servant to send me up, and I went up; he desired me to set my name down, and I did. He frequented our coffee-house.

Q. to Montague. Did you attend Mr. Rice when before my Lord-Mayor?

Mr. Montague. I did upon his several examinations. This letter of attorney was there produced, with others: my Lord particularly asked Mr. Rice, whether he knew whose hand-writing the name Ann Pierce was; he declared it was his own hand-writing: he was asked who the witnesses were; he said they were waiters at Sam's coffee-house: he was asked if they had any reward; he answered no, they did it at his request, without see or reward; and that he forged it without any assistance from any person whatsoever.

Prisoner's Defence.

When I was at Cambray they offered to protect me if I would change my religion.

To his character.

Mr. Mitchell. I have been acquainted with Mr. Rice ever since his father died, about 8 or 9 years ago. Before this accusation I never heard any thing against him in my life. I have trusted him till within a month of his elopement, he sold out 300 l. of stock for me; I left it in his hand to sell when he thought he could get the best price; I received the money from his hand a very little time before he went abroad: In the course of business I have had with him, he has acted with integrity. Upon his father's leaving off, he recommended him to me, and I recommended him to the Amicable Society.

William Goodwin . I have known him about 5 or 6 years, I always looked upon him before this affair to be a man of strict honour; he behaved always with integrity to me.

Guilty Death .

186. (L.) John Williams , otherwise Botamy , was indicted for feloniously, knowingly, and designedly personating James Burgess , with intent to receive his wages due to him , March 18 . +

The prisoner being a foreigner, an interpreter was sworn.

James Hubard . I am chief clerk to the treasurer of the navy. ( He is shewed two seaman's-tickets.) One is for wages due on board the Tyger hulk, and the other the Panther; the first is for 7 l. 3 s. 11 d. the other 22 l. 17 s. 4 d. On the 16th of March the prisoner came with them for payment, and said, his name was James Burgess , and that he was on board the Tyger-hulk and Panther; he having some few days before come to demand wages as a seaman on board the Reasonable, which was in the West-Indies, and the Tyger-hulk and Panther were in the East-Indies; there were ten men there that did belong to the Tyger, all declared there were no such man on board. (The prisoner was a black.)

James Burgess . I am a seaman. I went out in the Panther, and was turned over to the Tyger; there was never another James Burgess on board either of the ships but myself. (He is shewed the two tickets.) These are my property, I delivered them to Mr. Hooper to get them registered at the Navy-office for me ready to receive my money. I never had them in my possession after, nor gave any body any order to call for them. I went down to Rochester after I had delivered them to him.

Edward Hooper . I am a receiver. I keep an office in Crutched Friars to receive wages and prize-money for sailors that can not attend. About six weeks ago Mr. James Burgess came with his uncle to me and delivered these two tickets to me, that they might be parliamented; the dublicate not being come home, I delivered them in the office, I do not know who took them out of the Navy-office. I was at the Pay-office when there were a great many men belonging to the Tyger, I heard Burgess's name mentioned; I went in, there was the prisoner at the bar, I declared James Burgess was then at Chatham, where I had directions to send for him. The prisoner was questioned with regard to his property in these tickets; he declared, after several times being asked, that his name was James Burgess , and that these tickets were his property, and that he had served in the Panther and Tyger-hulk; after some time he began to prevaricate and said, he belonged to the Reasonable. The tickets can never be delivered to any body but the parties themselves; it is my opinion he certainly had some body to assist him in it.

The prisoner, in his defence, said, a baker that lives on Saltpeter-bank, delivered the tickets to him, and that Mr. Hooper was with the baker at the time, and that the baker gave him a shilling and desired him to go and receive his wages for him.

Acq.

187. (L.) John Thomas was indicted for stealing a pair of silver shoe-buckles, val. 17 s. 6 d. the property of John Rooke , March 11 . +

The prosecutor deposed, he lost his buckles from on board his own barge when he was asleep, between the 11th and 12th of March, the barge lying on the mud near the shore Black-friars, and he found them again in the shop of Mr. Moore, a goldsmith in Fleet-street. (Produced and deposed to.)

John Dcacon , servant to Mr. Moore, deposed, he bought the buckles of the prisoner on the 11th or 12th of March.

The prisoner, in his defence, said, one James Lawless gave him the buckles to sell for him.

Guilty . T .

187. (L.) Mary Gillet , spinster , was indicted for stealing one 3 l. 12 s. piece of gold, four moidores, one half guinea, and one shilling, the money of Edward Claxton , privately from his person , Jan. 25 . +

Edward Claxton . I met the prisoner in the Old Bailey between 10 and 11 at night on the 25th of Jan. one Fanny Pepper was along with her, they asked me, whether I would give them any thing to drink? I said, I did not care if I did. We went into the Bell at the Old Bailey, I called for a pint of purl. When we came out they asked me, if I would go and see their lodgings? I said, with all my heart. We went there, it was the second house on the right hand in Fleet-lane ; we went up stairs, one before and the other behind me, into a one pair of stairs room; we called for a pint of wine, while we were drinking it, they got to raking and tearing my pockets, which I did not like. I desired Mrs. Pepper to be absent, because one I thought was enough for me. She would not go for a good while, but still kept on the old way of raking and tearing my pocket. I said to Pepper, I insist upon your going out of the room, and took her by the arm and said, I advise you to go out, and at last she did go. I shut the door, and this gentlewoman and I struck up a bargain in a minute. I asked her, what she would have? she said half a crown; I told her I thought it was too much by 18 d. that I never gave above a shilling; I gave her that, my purse was in my pocket then.

Q. Are you a married man?

Claxton. I am.

Court. Are not you ashamed of yourself?

Claxton. I am.

Q. What are you?

Claxton. I am ostler at the George in Smithfield. When I came to open the door, there was Fanny Pepper there; as soon as I came into the street, I was feeling for a penny to have a pennyworth of purl at the Baptist head, and I had never a halfpenny in the world; thinks I, I'll change 6 d. rather than go home a-dry, then I found my purse was gone. I called the watch, he came; I charged him to stand at the door till I went to the watch-house to fetch assistance. I went and fetched Mr. Draper, with two or three watchmen; with a little persuasion they opened the door, I went up stairs to the very room, I did not know but it might drop upon the bed, but I could not find it.

Q. What was in the purse?

Claxton. There was 9 l. 11 s. 6 d. in it, it was all gone. I went every night backwards and forewards for a fortnight to see if I could see this unfortunate woman, but could not see her; at last a man came and told me, she was to be found at the Red Lion in Poppin's-alley; there she was standing at the bar; as soon as she saw me, she quitted the house. There was a gentleman with her, he said, if any body came to molest her, he would knock them down. She was going up Fleet-street, I followed her directly, I went before her and said, do you know me? she fell to blasting my eyes and said, no; said I, I know you, and back again you shall go. I brought her to St. Sepulchre's watch-house, from whence she was sent to the compter. In two or three days after I went to the Red Lion to enquire what sort of money she changed there? he said, he had changed a moidore for her.

William Collins . I keep the Red-lion in Poppin's-alley, Fleet-street. I was serving the prisoner with a dram when the prosecutor came in; I asked him what he wanted? he could not tell me: the woman went out, and he after her. Two or three days after he came again, to know if I changed any money for her. Her husband is a hatter, and used to change his money at my house.

Q. Where does he live?

Collins. He lives in Shoe-lane, I have changed him a great deal of money for these nine months past.

Q. Do you remember changing the prisoner any the night the robbery was committed?

Collins. I cannot say that, for I do not know the day.

Q. What money have you changed for her?

Collins. I have changed guineas and half guineas often.

Q. Is her husband a master hatter?

Collins. He is.

Q. How many men does he keep?

Collins. I have seen three there at work, I used to send them beer there, a gallon at a time.

Q. Did you ever change a moidore for her?

Collins. I have. I am sure the prosecutor did not know her when he came into my house.

Q. How do you know that?

Collins. I said, do you want a woman? he said, yes, a woman that robbed me. I said, there was but one woman here, and she is gone out. Then he went out after her. There was a gentleman name French drinking a three halfpenny glass of brandy with her, he often calls in at my house for a glass of brandy, he lives at the other end of the town. The prosecutor did not know her then.

Q. What sort of a character does the prisoner bear?

Collins. A good character.

Q. Upon your oath has she the character of a woman of the town?

Collins. I never saw any thing of that done in my house.

Edward Draper . I am the constable. The prosecutor came to me on the 25th of Jan. and said he had been robbed of a 3 l. 12 l. four moidores, a half guinea, and a shilling, at the second house in Fleet-lane, one OHarrow keeps it; they frequently have different hands when any mischief is done, then that person is gone and another comes. I went with the prosecutor, and searched the house, there are three very bad houses together, I found nothing belonging to this man there. I went several times along with him to see for Fanny Pepper and she: in about a month after he heard she was at the Red-Lion in Poppin's-alley; I went with him, and brought her up to the watch-house. OHarrow is now in Newgate.

Acquitted .

189. (L.) John Seddon was indicted for that he together with James Russel , not taken, on the 17th of March , about the hour of 3 in the night, the dwelling-house of Eleanor Watson , widow , did burglariously break and enter, and stealing one silver salt-seller, one silver punch-ladle, two silver table-spoons, two silver teaspoons, one china tea-pot with a silver spout, one scarlet cloth cardinal, all to the amount of 55 s. and one guinea , the property of the said Eleanor +.

Eleanor Watson . I keep the Bell alehouse in the Old Bailey . My cellar window that opens into the street was open on Sunday morning the 27th of March, and the things in the indictment missing; it was shut over night.

Q. Was the window made fast over night.

Watson. It only fastened with a button, and that on the outside. The prisoner had been my servant, and had been gone two months; we suspected him, and took him up. He owned that one Russel was with him, that they came in at the window, and up out of the cellar into the kitchen, and so to the bar; that they took the things mentioned, and that Russel had cut the plate all to pieces. I got nothing again. He owned they came to our bed-sides, that Russel had a dagger in his hand; and they took our pockets away, and if we had moved we had lost our lives.

Richard Bath , a lodger in the house, confirmed the evidence given by the prosecutrix, as to the things being missing, and the prisoner's confession.

John Hillyer , the constable, deposed, be took the prisoner in Cow-cross, at the Cooper's-arms; that be heard the prisoner confess to the going in at the celler-window, in company with Russel, and taking the things mentioned.

Prisoner's Defence.

I was drinking over night with James Russel , I had but very little money in my pocket; he said, never mind it, I have 2 or 3 shillings in mine, we will have a little more beer: we staid pretty late at the White Horse in White Horse alley. He took a hanger out of a basket there, he hid it under his coat, this was near 12 o'clock; then he said, we will go out, and see if we can go home: when he came there he knocked at the door, and was locked out. I said, come home with me, I lodged at the Ship in Turn-again-lane, we went there, I could not get in, then we did not know where to go; then we walked along, and came into the Old Bailey; said he, I'll go and pick up a moll. I said, let us go and take a walk to pass off the night some way or other: we then went into Smithfield, and returned again down the Old Bailey. We saw the lid of the window lay open, he knocked his knee against it; said he, by G - d we will go down here. We both went down, and up stairs into the kitchen, we saw some fire, he lighted a piece of paper, and looked about and could not find a piece of candle; he found some matches, and took the value of half of them, and burnt them all out; he found a hammer, and drawed the nails of the bar door; at last he knocked the hammer through a pannel, and pushed up the window, and got in and opened a cupboard, and took out these things; then he came out and said, d - n you, I'll either have their lives or more money; being in liquor he did not care what he did. He went up stairs and drawed the hanger, and swore the first person that made any resistance he would run him through; he found a pair of pockets on a table, he took them, and in another room he saw a pair more, he took them; then we came down stairs, and opened the door and went out.

Guilty of stealing, but not breaking the house . T .

190. (L.) George Hayes was indicted for marrying Mary Lewis , widow , his former wife , Frances Dingee , being then alive .

It appeared the last marriage was on the 8th of April 1739 , and the general pardon in the act of grace was for crimes committed before the 15th of June 1747, the which he had a right to; without going into evidence, he was Acquitted .

191. (M.) Owen M'Carty was indicted for that he, together with Thomas Gray and Sarah his wife, did steal twelve walnut-tree chairs, val. 2 l. 10 s. one table, val. 7 s. three other tables, one joint-stool, one looking-glass, one walnut-tree dressing-box, one iron stove, one iron shovel, one pair of tongs, one poker, one iron footman, one gridiron, one pewter pot, two tin pots, one pewter dish, six pewter plates, two canvass bags, 10 lb. weight of feathers, one brass warming pan, one copper coffee-pot, one brass candlestick, one brass pepper-box, one brass drudger, three iron candlesticks, one iron frying-pan, one large brass pottage-pot and cover, one tin kettle, one brass sauce-pan, and several other things, the property of John Harrold , in the dwelling-house of Thomas Dodds , Nov. 3 . ++

Elizabeth, wife to the prosecutor, deposed, she lived in Palmer-street, Shadwell , and had two rooms in the house of Thomas Dodds ; that Green and his wife, and others, came and bred a riot; that the prisoner was there; that she had never seen him, nor the woman Gray called his wife before; that they got a constable, and charged her with making a riot, and took her away, and for want of bail, she was committed; that the goods mentioned were in her lodgings when they took her away, to the value of about 20 l. and when she came home again, they were all taken away; being asked, where her husband was at the time? she said, he was at Hackney, a very infirm man in a bad state of health; being asked, if she knew Gray before? she said, he lived in the lodgings with her; being asked, how many beds they had in the lodgings? said, but one; being asked, whether Gray and she did not live together as man and wife? she answered, they did; that as her husband was in a bad state of health, Gray said he would make her his wife, and they did live together as such: and that, although she bought the goods and paid for them, Gray claimed them, and the prisoner assisted in taking them away.

Acquitted .

192. (M.) Arthur Forbus , otherwise Fabes, otherwise Fabis , was indicted for stealing one wooden chest, value 2 s. sixteen half guineas, and 15 s. in money numbered , the property of Peter Domingo Demount , March 14 . ++

Peter Domingo Demount . I am a seaman . I was captain's cook on board his Majesty's ship the Wager; I was paid at Greenwich the 14th of March my money was in my chest, which I delivered to Joseph Starling on the 15th of March. I do not know what became of it, it was not landed as I ordered it, and when I found it my money was gone, it had been opened.

John Smith . The prosecutor, my brother, I and the waterman went all down together to the prisoner's lodgings, near Limehouse bridge, he produced the chest, but the prosecutor said it was not in the condition as when he delivered it to the waterman.

John Ellis . When our ship was paid, we hired a vessel among us; the prisoner was one of us. We came up together in the vessel as far as Earith, then he, I and others went on shore and left our things on board. When we came to Limehouse, the master of the vessel said, the prisoner had carried two chests on shore, and paid him for the carriage.

Q. Is that master here?

Ellis. No, he is not; he lives at Barking. He directed us where to go to find the prisoner; when we came there, the prisoner produced the chest, it had been uncorded, and the things gone out. He owned he had taken it home, and paid half a crown for the freight of it, but said he had not opened it.

As the master of the vessel was not in court to give an account in what condition the chest was in when delivered to the prisoner, he was Acquitted .

193, 194. (L.) John Luthwait , first mate of the Viranick , and John Simpson , a mariner on board the said ship, were tried on separate indictments for wilful and corrupt perjury on the trial of Lancellot Bolton , who was tried at the high court of admiralty sessions held at the Old Bailey on the 29th of March last, before Sir Thomas Salisbury , Knt. L. L. D. and Sir Thomas Parker , Knt. Lord Chief Baron of his Majesty's Court of Exchequer, &c. for the wilful murder of Thomas Morgan , a mariner on board the said ship . ++

Each indictment charged them, that in order to induce the Jury to believe the charge against Capt. Bolton, they swore, that the said Bolton did lick and beat the said Morgan (who told the captain, he was lame of his arm, and could not do as ordered) and forced him up upon the mizzen top-sail-yard, from whence he fell upon the main brace, and received such hurt by the beating and fall he never did a day's duty afterwards. There were other averments in the indictment, but this the Jury more particularly went upon.

After the copy of the record of the trial and acquital of Capt. Bolton was read, T. Gurney, the short-hand writer, deposed as follows: That he attended the sessions as usual; that Luthwait on that trial deposed, that Capt. Bolton drove the deceased Morgan up upon the mizen-top-sail-yard by licking, which he explained to be beating him up the shrouds, with a rattan made of cane woulded round with tar-twine; that Morgan made application to the captain, that he had lost the use of his hand, and was not able to go up; that he fell down upon the main brace, by which means he got a hurt on his loins, that he saw a scar there afterwards, and that he never did any duty after that, being quite incapable from that fall and the other usage that he had had.

And on the trial of Simpson, he, the short-hand writer, deposed: That Simpson, on the trial of Capt. Bolton, swore, that Capt. Bolton did lick Morgan with a rattan, because he was not able to do his duty; that he wanted him to go upon the top of the mizen-top-sail-yard; that the deceased said he was not able, and if he chose to beat him he must, so he did lick him up, from whence he fell against a rope; that he complained afterwards of some bruises he had received, and never did a day's duty afterwards; and that Morgan had spoke of his arm being lame, and the captain knew of his being lame of it, notwithstanding which he forced him up.

Lanncellot Bolton the captain, John White , John Duff , and John Hust , mariners on board, and James Donivan the second mate, all deposed, this their charge was groundless, and that it was Luthwait that drove the deceased up the mizen-top-sail-yard, and that the captain was not then upon deck, neither when he went up, nor when he fell; and that he did his duty as usual three or four days after, and died of a flux, which had been increasing upon him from the time they left St. Kitts.

Both Guilty . T .

195. Joseph Brown was indicted for wilful and corrupt perjury, in swearing 5 l. was due to him, in order to procure Bartholomew Shaw to be held to bail .

There was no evidence given to prove it false.

Acquitted .

196. James White was indicted for wilful and corrupt perjury, for swearing that Thomas Aterley was indebted to him the sum of 50 l. &c.

The prosecutor did not appear.

Acquitted .

Daniel Blake , capitally convicted in February Sessions, was executed pursuant to his Sentence, on Saturday the 26th of February.

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

Received Sentence of Death, 7; viz.

John Rice , John West , Joseph Johnson , Paul Lewis , John Turner , George Clippendale , and Hannah Dagoe .

Transportation for Fourteen Years, 1; viz.

Robert Murray .

Transportation for Seven Years, 27; viz.

Joseph Davis , Robert Addison , Thomas Waters , James Paston , James Johnson , Charles O'Neal , Henry Bamham , Jane Hughes , James Freake , John Thomas , John Seddon , John Simpson , John Luthwait , Christopher Jennings , Elizabeth Richards , Thomas Horton , Miles Cook , Bryan Donnelly , John Hunter , James Bryan , Jane Jefferys , William Ward , Stair Burnett, Andrew King , James Donaldson , William Robertson , and Richard Smith .

To be Branded, 1; viz.

Charles Patten .

To be Whipt, 3; viz.

Jane Stevens , Hannah West , and Mary Rose , the last 100 yards in Long-lane near Smithfield.

Daniel Blake , capitally convicted in February Sessions, was executed pursuant to his Sentence, on Saturday the 26th of February.

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