Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 31 October 2014), June 1764 (17640607).

Old Bailey Proceedings, 7th June 1764.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 7th, Friday the 8th, Saturday the 9th, and Monday the 11th, of JUNE.

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

NUMBER V. PART I. for the YEAR 1764.

LONDON:

Sold by W. NICOLL, in St. Paul's Church-yard.

[Price SIX-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

BEFORE the Right Honourable WILLIAM BRIDGEN , Esquire, Lord Mayor of the City of London; Sir Richard Adams , Knt. *; one of the Barons of his Majesty's Court of Exchequer; Sir John Eardley Wilmot, Knt. +, one of the Judges of the Court of King's Bench; James Eyre , Esquire, Recorder ++; and others of his Majesty's Justices of Oyer and Terminer, of the City of London; and Justices of Gaol-Delivery of Newgate, holden for the said City and County of Middlesex.

N. B. The *, +, and ++, refer to the Judges before whom the Prisoner was tried.

L. London, M. Middlesex.

London Jury.

Richard Wilson ,

Rice Price ,

Thomas Foster ,

John Cancellor ,

John Martin ,

Jeremiah Garrard ,

Francis Robertson ,

John Carmichael ,

William Cook ,

Thomas Carter ,

John Reader ,

William Carrock .

Middlesex Jury.

William Cubbidge .

George Dick ,

David Rice ,

Edward Hammond .

John Reynolds ,

George Price ,

Joseph Doe ,

James Ross , *

* Thomas Tovey served part of the time in the room of James Ross .

William Scuder ,

John Hathwell ,

Richard Pearce ,

Richard Dobey .

319. (L.) William Dollard was indicted for stealing one linen handkerchief, value 12 d. the property of Thomas Lewis , May 22 . ++

Thomas Lewis . I was coming up Ludgate-hill , on the 22d of May, a little before 12 at night: I heard a voice behind me of, Stop that man, he is a pick-pocket, stop that man: presently after, I heard the same voice say to me, I believe your pocket has been picked; I felt, and missed my handkerchief: I ran down the hill, and saw a number of people standing at the end of a court; they told me a man had ran down there; I went down, and at the bottom of the court, was the prisoner standing against the wall, as if making water: I laid hold of him, and brought him into a public-house; then I thought proper to see if he had not dropped any thing where I found him; I went to the place, and one Drawwater with me; we saw nothing: we went into the house to the prisoner again; after which, Drawwater went out, and brought in my handkerchief. (Produced in court, and deposed to.)

Mr. Gordon. I was coming up Ludgate-hill that night. I saw a man put his hand into Mr. Lewis's pocket; we apprized him of it, and followed the man down a court: there Mr. Lewis found the prisoner, and by his appearance when in the public-house. I believe him to be the man that put his hand into the prosecutor's pocket. Soon after we were in the house, Drawwater went out, and brought in the handkerchief, which Mr. Lewis said was his property.

Q. How near is that court to the place you saw the hand in the prosecutor's pocket?

Gordon. The court was on the opposite side of the way, about half a dozen doors distant; the man immediately made cross the way, and ran down the hill, and got out of my sight before he got to the court: when I got to the court, a person told me a man was just gone down there; there was no thoroughfare.

Q. Did the prisoner give any account how he came there?

Gordon. No, he did not.

John Drawwater . I was going up Ludgate-hill, and heard the cry, Stop thief; I ran cross the way, and saw a man run down an alley; I went and saw the prosecutor have hold of his collar, and took him into the tavern: it was the prisoner.

Q. Can you say whether that man that you saw run down the alley was the same man you saw the prosecutor had by the collar?

Drawwater. No, I cannot. I saw no other man run down that court.

Q. What did the prisoner say?

Drawwater. He said he knew nothing of the handkerchief, and desired to be searched, and pulled off his coat: the prosecutor went out, and returned again, and said he could not see his handkerchief; then I took a candle, and went to the place, and saw the handkerchief lying in a spout; it seemed to be tucked in: this spout is within about a yard of the bottom of the court. I brought it in, and the prosecutor owned it.

Prisoner's Defence.

I served my time to a shagreen case maker , in Gutter-lane, Cheapside; I always worked hard for my bread: I never was guilty of such a thing before in my life.

Guilty . T .

320. (M.) Conrad Mazaret was indicted for stealing eight linen shirts, value 16 s. two silver table spoons, value 10 s. and one cloth coat, value 5 s. the property of Peter Vidal , February 15 . +

The prisoner being a foreigner, and could not speak English, Mr. John Lewis Lamatte was sworn interpreter.

Peter Vidal . I am a wine-merchant , and live in King-street, Soho . The prisoner was a lodger in my house seven weeks; he came in February last, and lodged in a three pair of stairs room; I found my chamber door open, and lost the things mentioned in the indictment. (Mentioning them.)

John Notley . I am a pawnbroker. About the latter end of February, the prisoner at the bar brought two table spoons to pledge; (the prosecutor produced two table spoons:) I cannot say these are the same, for another gentleman came with the prisoner, and paid the money, and took them out.

Stephen Dubrce . I went along with the prisoner to redeem these two spoons; Mr. Vidal sent the money by me for that purpose.

The person that took in the shirts did not appear.

Acquitted .

(M.) He was a second time indicted for stealing one silver table spoon, value 5 s. the property of Henry Chevalier , March 14 . +

Peter Demateer . The prosecutor is ill: (He produced a silver table spoon): this is the prosecutor's property: I live with him. The prisoner owned he did steal it, when we were carrying him to gaol.

Q. How had he any opportunity to take it?

Demateer. He dined with the prosecutor on the 14th and 17th of March last, and this spoon was missing the first day he dined there.

John Natley . On the 14th of March, the prisoner brought this silver table spoon, and pledged it with me for 9 s.

Prisoner. I did pawn it with that gentleman.

Notley. The prisoner owned he stole it, before Justice Welch.

Prisoner's Defence:

I never owned that I stole it.

Guilty . T .

There was another indictment against him.

321. (M.) William Oliver was indicted for stealing one wooden stock, value 6 d. sixteen iron bitts, value 3 s. one iron sink, value 6 d. one iron drill, value 4 d. one wooden plough, value 2 s. eight plough-irons, fourteen chissels, twelve gages, and other carpenters tools , the property of Richard Hunt , June 5 . +

Richard Hunt . I am a carpenter , and live with my father, at Tottenham-high cross ; the prisoner worked for my father four days, and left him about a fortnight ago. Last Tuesday morning, about five o'clock, I found my chest broke open, which I locked over night, and all the things mentioned in the indictment (mentioning them by name) were missing.

Q. How did the person get to your chest?

Hunt. One of the windows that was screwed over night, was down in the morning. I and another person came in pursuit to London, but suspected another person: we found the prisoner with the tools, at the White Hart, in Shoreditch. When we were going to the watch-house with him, he said he was sorry for what he had done, and desired me to be as favourable as I could.

Mr. Hodge, that went with the prosecutor in the pursuit, confirmed the account he had given.

Prisoner's Defence.

The man that took the tools out of the shop, delivered them to me, and he went to Hackney, and was to meet me afterwards.

Guilty . T .

322. (M.) Francis Wilkinson was indicted for stealing one linen handkerchief, value 18 d. the property of William Alderton , Esq ; privately from his person , May 27 . +

William Alderton . On Sunday, the 27th of May, between 9 and 10 o'clock in the evening, going to Cecil-street Coffee-house, in the Strand, I felt a jirk at my pocket; I looked, and saw my handkerchief in the hand of a little boy, and he delivered it to the prisoner: I seized him, and he delivered it to a third person; having nobody to assist me, I could catch none but the prisoner and one of the others. I carried them into the coffee-house, and desired the waiter to search them, but he did not chuse to do it, and I did not care to do it myself, I did not find my handkerchief, but let them both go. The prisoner was taken up afterwards, for picking another gentleman's pocket; then I appeared before Mr. Alderman Nelson, and gave the same account as I have here; upon which, he bound me over to appear: this is the fourteenth handkerchief that I have lost this winter; I have transported three persons, and intend never to forgive any that I can catch.

Prisoner's Defence.

I and another young lad were coming along the Strand: the prosecutor turned round, and took us both by the collar, and carried us into the coffee-house; after that, they found nothing upon us, they bid us go about our business. I never saw that young man since; he is gone to Bristol.

Prosecutor. The other young man struck at the officer, when he took hold of him.

For the Prisoner.

William Wilkinson . I am brother to the prisoner, and live in Cooper's Row, Clerkenwell; I am a gold and silver spinner, so is he: he has worked and lived with me from the death of my mother, which is about a year and a half ago.

Guilty, 10 d.

(L.) He was a second time indicted for stealing a handkerchief, value 2 s. the property of John Rose , privately from his person , May 30 . +

John Rose . I was walking up Fleetstreet , on the 30th of May, about nine at night; there was a gentleman with me: I felt something taken out of my pocket; I turned round, and saw the prisoner, and a boy behind me; I seized the prisoner, and found my handkerchief between his coat and his waistcoat, behind him. ( Produced and deposed to.)

Prisoner's Defence.

I was walking along, and this gentleman turned about; the boy ran away, and threw the handkerchief, and it hit against me, over the coat; I bid him stop that young man, but he got off: I never saw the handkerchief, till the gentleman picked it from the ground.

Prosecutor. I had the handkerchief from between the prisoner's cloaths, not from the ground.

Guilty, 10 d. T .

See him an evidence against Edward Williams , John Tompkins , and Charles Morgan , No. 405, 406, 407, in last mayoralty.

323, 324. (M.) Samuel May was indicted for stealing sixty yards of silk ribbon, value 10 s. the property of Elizabeth Wiggett , spinster, privately in the shop of the said Elizabeth ; and Peter Stanley , for being present, aiding, assisting, and commanding the said Samuel to do and commit the said felony , May 17 . *

Elizabeth Wiggett . I keep a shop in Great Turnstile, Holborn . On the 17th of May, about 7 o'clock, Mr. Gagnon, a neighbour of mine, came into my shop, to the two prisoners, which were there before: he shewed me some ribbons: I was not in the shop when the fact was done: I can only say the ribbons are my property. ( Three rolls of ribbon produced and deposed to).

Margaret Ford . I am servant to Mrs. Wiggett. I had just opened the shop, and the two prisoners came in, and asked me to show them some ribbons: I handed a box of ribbons down. May agreed for half a yard: I cut it off, and was going to put the box up, and the other prisoner said, he must have a little bit: I asked him, What colour he chose to have? he said he would have it the same as the other. While I was measuring it, Mr. Gagnon came in, and asked May whether he had not got more ribbons than he had paid for? May said, no. Then my mistress came in, and other people, and the ribbons were found in May's pockets, which were in the box when I set it before them.

Q. What did the prisoners say for themselves?

M. Ford. I did not hear them say any thing.

Stephen Gagnon . I live in Great Turnstile, opposite the prosecutrix. On the 17th of May. between 6 and 7 in the morning, I saw the two prisoners come to her shop door, and look into the shop: I said to John Wright , my apprentice, Jack, look sharp after them fellows, they look more like thieves than horses; it is my opinion they are going to steal something: I was talking to a customer, and my apprentice said they were looking at some ribbons; presently he said, There! they have put some in their pockets now: presently he said, There, there! they have taken some more: then I said to him, come over with me: we went into the prosecutrix's shop, and a carpenter followed us: I said to May, what is that you put in your pocket, friend? he said, Sir, I have nothing in my pocket. I took him by the collar, and he shuffled his hand into his right hand pocket, and took out two rolls of ribbon, and slipped them into the box: I immediately laid hold of them: (He takes up two rolls, one purple, the other blue and white): these are they: said I, you villain, you have stole them. I put my hand into his left-hand pocket, and pulled out the other roll of green ribbon; then he said, he did not mean to steal them: I found nothing upon Stanley. Then I sent the carpenter for Mr. Clay, the high-constable: they both begged for mercy, pulling their hats off, and said, you are a young man as well as we: you don't know what you may come to: they said it was the very first time they had been guilty of any such thing, and begged to be let go.

Q. What did Stanley say?

Gagnon. Stanley said it was the first time th at ever we were guilty of these actions. I said, here is the gentlewoman of the shop, whose property the ribbons were; then they both begged of her.

John Wright . My master, the last evidence, saw these two prisoners go into Mrs. Wiggett's shop; he bid me watch them, and I did; as I stood in our shop, I saw May put some ribbons into his pocket, as the box was before them, on the counter, at two or three separate times; I told my master, and then we went over. (The rest as the former witness.)

Samuel Clay . I took the two prisoners in custody, and charged them with stealing these ribbons; they both begged we would be favourable to them; they no ways denied it.

May's Defence.

To prevent taking up the time of the Court, I plead guilty to the indictment.

Stanley's Defence.

I can say no otherwise than he has said.

For the Prisoner.

John Magenis . I am a watchmaker, and have known May about eight years; I never heard a bad character of him before this; he workedin the watch way .

George Thompson . I live at Walworth, in Surry, and am a watch-movement-maker. May served his time with my son: he works in the steel-work part. I never knew but he was a very honest diligent man: he has worked for me.

Charles Thompson . May served his time with me, and has been out of his time two years; I never knew any thing amiss of him, or heard any thing bad of him in my life. I have seen Stanley about Newington; he worked at tinkering, and sometimes goes with a barrow, grinding of knives .

May, Guilty, 4 s. 10 d. T .

Stanley, Guilty . T .

325. (M.) Daniel Tompson was indicted for stealing two leaden glue-pots, value 2 s. the property of James Mitchel ; one leaden glue-pot, value 1 s. the property of John Tunbridge ; and one leaden glue-pot, value 1 s. the property of William Darby , May 20 . *

James Mitchel . I am a carpenter , and was at work with the rest of the prosecutors, in building a house, in Mercer's-street, Long-acre : these four pots were taken from out of the building; they were missing in the morning, on or about the 20th of May; the prisoner was stopped by Mr. Mullings, on the same day. between seven and eight in the morning. where he was stopped, and we went and found them. (Four pots produced in court. The three prosecutors depose to their respective pots.)

John Mullings . The prisoner brought two of these pots to me to sell: I was informed by a neighbour, he had left a bag at some distance; I went and fetched that, in which were the other two pots, with nails and other things: the prisoner owned the bag and things belonged to him, and in about ten minutes came the prosecutors and a constable, and owned them. The prisoner said, before Justice Welch, he met a man near the Seven Dials, who was lame, and he desired him to sell them for him.

Prisoner's Defence.

I met one Jenkins, who told me he had hurt himself, and desired me to sell these things for him. He said he was going to the workhouse, so I took them to sell for him.

Guilty . T .

326. (M.) Philip Evans was indicted for stealing one plane, called a sash sillaster, value 2 s. the property of Stephen Brown 's and one oil-stone , the property of Marychurch Callin , May 12 . *

Stephen Brown . I am a carpenter , and was at work in Marybone . This day month I missed a sash sillaster, from out of the buildings: the prisoner had worked with us the week before it was missed (he is a carpenter ): we suspected this man, and went to the place where he was at work, in Long-acre; there I found it upon the bench where he was at work. I asked him what he meant, by taking it? he said nothing, but offered to restore it; (Produced in court. and deposed to): he said he took it to make another by.

Marychurch Callin. I missed my oil-stone at the time the plane was missing; I found it on the prisoner's bench, in Long-acre; (produced, and deposed to): when I questioned him about taking it, he said the D - l was in him.

Edward Wade . These tools were missed this day month, in the afternoon; the prisoner worked for us, and left us the Saturday before; I went and saw the oil-stone on his bench, and the sash sillaster behind the bench. I asked him whose they were? he said the sillaster was Brown's; that he took it to make one by. I do not know what he said about the oil-stone.

Prisoner's Defence.

I took them for a week, to make a sash sillaster by it, and return them again.

Guilty . T .

327. (M.) Benjamin Baker was indicted for stealing an ax, value 5 s. the property of John Edwards . May 7 . *

John Edwards . I live in Tyburn-road, and am a wheel-wright . I left this ax (producing one) on the 7th of May, a little after eight in the evening. I had left work; I can only say it is my property.

James Edwards . I saw the prisoner take this ax from about two yards within the gateway; we call it all the shop. I was then in the yard.

Q. Did you know him before?

Edwards. I never saw him before, to my knowledge. I took hold of him, and brought him back with the ax in his hand.

Q. What did he say for himself?

Edwards. He said he had no money, and he wanted something to get some victuals and drink; he said he could not starve.

Prisoner. I had four or five shillings in my pocket: I seeing it lying, took it, and carried it about eight or nine yards; he came and asked me where I was going with it, and I gave it him.

Guilty . T .

328. (L.) Elizabeth Cannell was indicted for stealing one guinea, and one shilling , the property of Patrick Dodd .

The prosecutor did not appear.

Acquitted .

The Recognizance ordered to be estreated.

329. (M.) Hester, wife of Richard Rose , was indicted for stealing seven ounces of silk, value 4 s. the property of John Farrard . It was laid over again, to be the property of John Cosins , February 25 .

John Farrard . I am a weaver , and live in Spittal Fields. On the 11th of February, I delivered eleven pounds four ounces and a half of silk, to John Cosins , to weave: on his bringing it home, on the 30th of May, there was wanting one pound two ounces and a half: the prisoner was suspected, and Cosins took her up; and upon being charged with taking it, she owned, in my hearing, at the alehouse, and before the Justices in Whitechapel, and at Hick's-Hall, that she had taken seven ounces, and sold about five or six ounces to one Anne Levins : it is worth 2 s. 6 d. an ounce.

John Cosins . The prisoner wound silk for me: she left me, and did not return to her work. I missed one knot of silk; the rest may be taken in skains: I took her up, on the 30th of May, near Shoreditch church, and took her into an alehouse; there she owned to the taking three ounces of silk from me; then we went to the Eight Bells, in Red-lion-street, Spittal fields, and sent for my master: there she confessed to four ounces: we carried her to the sitting justices, at Whitechapel; there she said she sold one silk to one Anne Levins . She owned to taking seven ounces: she said she sold some to a man that she did not know. Then we went to Hick's-hall, and got a warrant against Anne Levins ; there she confessed to taking between seven or eight ounces, at different times. She said she had a shilling an ounce for it.

Benjamin Roloe , the headborough, confirmed that of the confession.

Prisoner's Defence.

At Whitechapel, I told them I knew nothing of the silk; and at Hicks's-hall, I did not speak one word. They gave me gin, and made me drunk.

Guilty . T .

330. (M.) Anne Potter was indicted for stealing two tin lanthorns, glazed with crown glass value 8 s. the property of John Wesley , Clerk . +

William Wilson . I am a carpenter, and was repairing Mr. John Wesley 's, house, upon Windmill-hill, called the Foundery, in Upper Moor-fields ; these lanthorns were taken away about the latter end of March, at two separate times; one hung up on the stairs, and the other in the public preaching place, on night.

Q. Was that lanthorn all that was in that room?

Wilson. There is one more. I cannot tell who took them, nor the time when, exactly, but I missed them after they were gone; I had a strong suspicion of the prisoner at the bar, she is a poor creature, lying about the place, asking charity, and we could hardly keep her out of the place. I taxed her with taking them, about a fortnight or three weeks after, she acknowledged she took them, and said, if I would give her two shillings, she would fetch them back again, but did not tell where they were. I told her if she would go with me, I would go and pay for them and gave her something for herself; so she went with me to a broker's shop, by London-wall, where I found them; she had eight-pence on one and nine-pence on the other.

Prisoner's Defence.

I am a person that has gone on a long while, and have lost all my friends, and am fatherless; I have followed these people 20 years, and have been brought to utter destruction for them: I was in destruction 12 months, and that made me pawn my cloths. I went to Mr. Wesley, to see if he would recover my cloths; then he promised to let me have my cloths: then he carried me on for about 12 months. I went to his wife, and told her I could not get my living, being let to perish without mercy. I was one day walking very solitary in the Foundery; I met a man who took me down these lanthorns, and I went and pawned one for 8 d. and the other for 9 d. but who that man was, I do not know. I went to my Lord Mayor, and the Justices, to try if I could recover my cloths: I told them what I was drove to; they sent me to Mr. Wesley, to go and require of him to let me have my cloths: they took me up. and put me in Clerkenwell, where I lived upon a poor bit of bread and a little water.

Q. to Wilson. Is this account she has given, true or false?

Wilson. It is all a false story. I do believed the poor creature to be a little out of her mind.

Acquitted .

331. (M). John Hill was indicted for stealing a wooden cask, value 1 s. and eight gallons of brandy, value 3 l. the property of John Vaugh . it was laid also to be the property of persons unknown, June 2 . +

John Vaugh . I am a distiller , and live in Wapping-street . Last saturday morning, I was called out of bed, and told somebody was in my cellar: I got up, and went, and missed out of a cask, as I thought, 14 or 15 gallons of brandy. I sent for the stocking officer, who gauged it, and said there were about eight or nine gallons gone.

Q. How did he get at a cask to take it away?

Vaugh. I have empty ones in the same cellar. At night, I happened to go into a public-house, where were some neighbours: there was a pipe-maker said to me, I believe I had two gallons of your brandy; I asked him where he got it? he said, in a court by Nightingale-lane, in a common necessary. The prisoner was taken up, and he owned to me he had stole the brandy from me; then he was carried before the Bench of Justices, where he confessed the same; this was last monday or Tuesday: he there said he had a confederate with him: we had a warrant, and took him up; his name is William Robinson : but it did not appear that he was concerned in it, and he was discharged.

Q. When the prisoner confessed to you, what were his words he made use of?

Vaugh. He said he got into the cellar about two o'clock in the morning, by pulling the flap up; and that he went into the other little cellar, where the other little casks lay, and took an empty one, and drew the brandy out of a pipe into it.

Q. Did you know the prisoner before?

Vaugh. No, I did not. He is a chimney-sweeper .

John Hulme . On Friday morning, about half an hour after 4 o'clock, I got up to go to the work: (I am a pipe-maker.) I opened a little back yard door, where I live, in Nightingale-lane, and went into a common necessary; and I saw a kagg behind the door; it was about ten gallons. I carried the kagg into my house, and the prisoner, whom I had not then seen, followed me through the yard, and said, what have you got there? I said I could not tell, but I'll soon see. I took a gimlet, and bored down the bung, and took the bung up, and by what I could find, it was French brandy: he said it was his, and asked me to give it him: I asked him how he came by it? he said his master was mate of ship, at the Hermitage, to whom he belonged: I bid him go and fetch his master, and if he would give me any thing for finding it, he should have it again. He went down the lane, and came up again, and said he had been to his master; and his master said I might take the value of two gallons of the liquor, and give him the remainder.

Q. How far is it from the place where the kagg was found, and Wapping-stairs, where the protecutor's cellar is?

Hulme. It is about 400 yards. I heard the prisoner own before the justices that he stole it.

Bridge Maryot. I live in Greenwood-court, Nightingale-lane. I saw the prisoner standing at the gate; he asked me if I would buy any brandy? he said he was afraid he should lose it, and his master would be angry with him: he asked 4 s. 6 d. a gallon for it; I bid him 4 s. and if his master did not like that, he should have it again, for I did not want it. I paid him 20 s. and took the brandy: this was about 7 o'clock.

Prisoner's Defence.

I was out that Friday night late, drinking; I met with one William Robinson , about 12; he went and got this brandy, and bid me sell it for the most I could.

Guilty . T .

332. (M.) Patrick Medley , otherwise Mealey, otherwise James Gray , was indicted for stealing a gun, value 20 s. the property of William Blewet , in the shop of the said William , February 29 . *

William Blewet . I am a gun-maker , and live in Whitechapel-road, facing the Mount. On the 29th of February, between ten and eleven in the forenoon, the prisoner came to my house; the witness and another sailor were with him. I not being at home, was sent for, and told to go to the Red-lion alehouse to them. I went to them; the prisoner said, Do you not know me? I said yes; you are come to pay me 4 s. the difference between a gun and a pistol, which we agreed for last night: he had came to me; I was in bed; he came up stairs without With-your-leave, or By-your-leave, and asked me what I would give for an old gun? and he brings a pistol of mine in his hand, which he had in the shop: he asked what he must give me in exchange? we agreed for him to give me 4 s. he carried the pistol away, and left the gun, and was to come again to pay me. When at the Red Lyon, he said he wanted to speak with me: I went into the yard with him; he said an officer belonging to an Indiaman wanted a pair of pistols, and wanted me to let him carry them to him; I told him he could not expect that, as I did not know him: then he shewed me a note, which he said he had, which was an order of the captains, to bring some things. I let him have the pistols, and agreed to have a guinea for them. Dinner was getting ready; he and the sailor staid and dined: at going away, the prisoner and sailor went through the shop; Harding whom they hired for a porter, did not. As they were got cross the way, Harding said, that man has got a gun; I had seen it in the shop about ten minutes before: Harding went after him, and I thought would have brought him back, but I saw no more of them at that time. On the first of March, I had orders from the Justices at Greenwich, to come there; I went, and found the prisoner in the cage: he was taken before the justice; there I saw my gun lying on the justice's table; so it was flung upon poor Will to prosecute. ( The gun produced in court.) This gun was delivered to me to be cleaned.

James Harding . I live in Spittal-fields. The prisoner came to a public-house that day, and told me he had some goods at Deptford, and he would give me half a guinea if I would go and bring them safe, but I must be careful how I carried them: he said he had been to the Indies, and the things came from thence: he bid me put on my regi mentals. The note mentioned so many dozen of handkerchiefs, and so many dozen of china cups and saucers, and the like; and at the bottom of the note, was put, That the waterman had a bottle of slip: this was to be for a token that I came from the right person. I was to go for the things to the lower water-gate, at Deptford, and he went up Whitechapel, saying, he wanted to speak with a man, to whom he sold a gun: the prosecutor not being at home, we went to the Red Lyon, and he came there to us; he desired me to shew the prosecutor the note, which I did. After we had been at the prosecutor's house, I saw him going away with a gun in his hand; I said to the prosecutor, he has taken a gun; he had got a brace of pistols in his bosom: I went after him, and said, What do you do with that gun? he said he was going to make a present of it to a captain that was going to the Indies: we went all three of us to Deptford; there he went into a public-house, and called for a pint of beer; then he said, do you make all the speed you can to Mr. Butler's, and give him that note, and give it to none but him. I set out with a basket, and went to Mr. Butler's, at the Baptist-Head, at the Lower Water-gate, and delivered the note to him, expecting he would have delivered the things mentioned in it; he looked at it, and said it was a fraud, and I was the third porter that he had sent with such notes. I had lent the prisoner my silk handkerchief coming along, and made all the haste back I could to see for him; Mr. Butler said, if I could bring him to him, he would give me a crown. I had two or three men went with me: he was gone from the alehouse, but a gentleman's servant told us he had seen a man with a gun coming with two men on the back of Greenland-dock; we went, and met with him: I demanded my handkerchief from his neck, and we brought him and the gun to Mr. Butler's: he had sold the pair of pistols to one of the persons with him, but had not received the money: they are now at the justice's.

Prisoner's Defence.

I owned the prosecutor 4 s. we agreed for a gun for 18 s. but I know nothing of this gun.

Q. to Harding. Was there any agreement between the prosecutor and prisoner about a gun?

Harding. While the prosecutor was doing something to a flint, the prisoner then stood with this gun in his hand, and they talked together in the back yard, but what they said I cannot tell.

Acquitted .

333. (L.) Elizabeth King was indicted for stealing a feather-bed, value 20 s. and a copper tea-kettle, value 2 s. the property of Thomas Simpkin , in a certain lodging-room, let by contract , &c. May 7 . ++

Thomas Simpkin . I live at London-wall. The prisoner at the bar lodged about four months in a room of mine, up one pair of stairs; the house is by Bishopsgate , let out in tenements: she took it of me ready furnished, at 2 s. 6 d. a week, the bed and kettle were part of the furniture: she was pretty backward in her rent, so I went up to her, on the Sunday after last sessions ended, and told her I would turn her out, if she did not pay me: I took the key, because she used generally to lock me out, intending to go on the Monday. When I came there, she had got another lock, and locked the door, but I got in, and missed the bed and kettle: she owned she had taken and pawned them; I insisted she should go with me, where I found the bed, but she would not say where the kettle was: she said another woman carried that to pawn; the bed is here.

William Ross . I took in the bed of the prisoner at the bar, about the 7th of May: she brought a woman that lived in my neighbourhood, who vouched the bed to be the prisoner's property.

Prisoner's Defence.

My husband said, if I would not go with a man that took the bed, he would kill me, and the child within me; so I went and brought him the money. The man was a stranger to me: my husband said he had bought the bed of Mr. Simpkin.

Ross. There was no man came with the bed; the prisoner brought it on her head.

Q. to Prosecutor. Has the prisoner a husband?

Prosecutor. There is a soldier she calls her husband, but I never saw him; I let the room to her.

Prisoner. I have witness here that he offered to make it up for a guinea and a half.

Mary Bilingham . I was at Mr. Simpkin's house, last Monday night, and said what an honest woman she was, and had a rogue of a husband: he said, if I would raise her a guinea and a half, he would let her go. I am a mantua-maker, and have trusted her as one of my own family: she never wronged me.

Q. Where do you live?

Bilingham. I live in Stepney parish.

John Hicks . I live in New-court, Winford-street. I have known the prisoner about 4 years. She has a husband, a man of bad character; she once lived facing me, and behaved very honestly. She has a good character.

Q. to Prosecutor. Did you propose to make it up?

Prosecutor. That gentlewoman was at my house with another person; they begged very hard; something was talked of about a guinea and a half: but I said I must have the consent of the grand jury before I could do it.

Acquitted .

334. (L.) William Whitehead was indicted for stealing a silver watch, value 30 s. a stone seal and a watch key, the property of John Steping , privately from his person . ++

John Steping . I was coming from St. Martin's le Grand on the 6th of this inst. and saw a great many people standing to see the convicts get into the cart to be executed: the prisoner was standing at my right shoulder; and all on a sudden I felt a blow on my back, as I was in the crowd, within about twenty yards of Newgate, near the Magpye ; the blow occasioned my reeling, and my hat was almost off; I put up left hand to save my hat; and the prisoner said, don't be afraid, Sir, you shall not lose your hat. Directly I missed a pocket-handkerchief out of my pocket: I looked round, and saw the prisoner again; I thought I would say nothing about it; in about half a minute, or less, the prisoners were putting into the cart: the prisoner said to me, that is John Radman ; I gave no answer; and in a moment's time; I felt somebody at my fob: I turned short round, and saw a silver watch in the prisoner's right hand; I took him by the collar, and said, You rogue, give me my watch, you have got my watch, there it is; I went to make a snatch at it with my left hand, and my arm was stopped, so that I could not move it forwards: I saw it go out of his right hand, just about as high as the pocket of his breeches, into somebody's hand. I said, the watch is handed away. I said to the prisoner, I have a good mind to take and lick you well: said he, if you will but let me go, I'll box you. I heard several voices cry out, and particularly the man at the Magpy say, Don't let him go. for he is in an errant pick-pocket: I shoved him into the Magpye alehouse, and turned round, and saw a sheriff's officer on horseback, whom I knew some years. I called him, and said, here is a man that has picked my pocket, and desired he would assist me: he dismounted, and came and took hold of him, and said, I'll take care of him; he was taken before my Lord Mayor, and committed.

George Hoey . I am a constable. I had the prisoner delivered into my charge; I took him before my Lord Mayor, and he was committed to Newgate.

John Humphrys . I was among the rest of the spectators, to see the criminals go; at the loading of the first cart, I heard a gentleman say he had lost his watch: in a few minutes time, I heard something chink, which I thought to be the glass of a watch: when the second cart came up to be loaded, I set my foot upon a watch, and thought I had as good a right to take it up as any body; I took it up, and said nothing to the people, but carried it to my master, whom I serve, Mr. Bridges, in Foster-lane, to know what I should do about it: my master took it to the Mansion-house, and I was sent for: (The watch produced in court, and deposed to by prosecutor; No. 28 l. Name, Brital.)

Q. Did you hear the prosecutor say he had lost his watch?

Humphrys. Yes, I did.

Prisoner's Defence.

When the prisoners were going into the cart at Newgate, I went in at the Magpye; and as they were coming out, I ran out of the house; I was going to buy some nuts, and leaned on the prosecutor's shoulder; he said, you have got my watch: I said, I have not: he said, you have it in your hand; I held up both my hands directly. I never saw the watch.

For the Prisoner.

Robert Woodward . I live in Sea-coal-lane, and am a painter, map and printseller. I have known the prisoner two years, and never heard any thing amiss of him till this time; I always looked upon him to be a hard working man.

Q. What is the prisoner?

Woodward. He is a cabinet-maker.

Thomas Clark . I live in Bloomsbury, and am a bed-joyner; I have known the prisoner three years; he worked with me twelve months, about two years ago; he then behaved extraordinary well, and earned 22 s. or 23 s. a week of me, for some weeks.

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

335. (L.) Humphry Harrison was indicted for stealing a silk handkerchief, value 12 d. the property of Andrew Clark , June 7 . ++

Andrew Clark . Last Thursday evening, about three quarters after eight o'clock, I was coming through Newgate; I felt a hand at the bottom of my right hand coat pocket; I turned round and saw the prisoner with my handkerchief in his hand; he seeing my eye was upon him, dropped it on the ground; I took it up, and took him by the arm, and brought him here, and he was committed. (The handkerchief produced and deposed to).

Prisoner's Defence.

The gentleman took up a handkerchief, and said I had picked his pocket, but I never did.

His mother appeared, but was not sworn, who said he was but ten years and a half old.

Guilty . W .

336. (L.) Edward Samuel was indicted for stealing three shillings , the property of Hugh James , May 6 . ++

Hugh James . I am a grocer , and live in Fleet-street : the prisoner was an under journeyman to me; he had lived with me two months; I was informed he had stole three shillings, on the 6th of May: I sent for a constable, and charged the prisoner, and he owned he had robbed me three separate times; once of a 5 s. 3 d. and of this 3 s. and another time of 1 s.

Matthew Salt . I am journeyman to the prosecutor. On Saturday the 6th of May, the prisoner and I were attending in the shop, while the others were at breakfast: I left the counter, to go to another part of the shop, to a canister of tea, and in the mean time, there came a child in to be served: I saw the prisoner weigh her tea out of a canister, and some sugar out of a tray; I saw it was a small parcel; I imagine he gave her change out of a six-pence; I saw him put his hand into the till to give her change: as she was going out at the door, I observed his hand, and went up to him, and was determined to see what he had in his hand; I laid hold of his hand, and he opened it: I took out three shillings from it, and said I was surprized he should go to do so. I took the money into the counting house, to the young man that was at breakfast, and left it there: it was made known to my master; but I attended in the shop, and did not hear him examined.

Mr. Charlton. I am a constable, and was sent for to take charge of the prisoner; he was in the counting house, and three shillings lying before the prosecutor, on the tea table. Mr. James charged him with taking the money out of his till; he acknowledged he did take it; and upon the other servant's saying he suspected he once stole half a guinea, the prisoner owned he had stole a 5 s. 3 d. and a shilling, at separate times.

Prisoner's Defence.

A girl came to the shop for some tea, and I received three shillings of her, and gave her change.

Morris Evans , Griffith Humphrys , and Thomas Jones , appeared to his character, and said he had behaved well the time they knew him: and the latter said he had an order from the prisoner's friends to remit money to him, if he wanted any; and that had he come on the day the fact was committed, he should have delivered to him ten guineas; and should be be discharged, or receive corporal punishment, he would take him into his service.

Guilty. Recommended . B .

337. (M.) Peter Kelly was indicted, for that he, on the king's highway, on John Warren did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person one silk and cotton handkerchief, value 1 s. and six-pence in money, numbered , his property, May 6 . *

John Warren . I live at Ridgment, in Bedfordshire, near the Duke of Bedford's. Being at work, at Stanmore, I came to London last Saturday was a week, to see my son, who is an apprentice to a blacksmith, in Moor-fields: I had had two pints of beer at a public-house, in North-Audley-street; I left that house about twelve at night, and went to another in Tottenham court-road; going from thence to see my son, it was near one o'clock.

Q. Was you sober?

Warren. I was as sober as I am now. I had not been out of the house four or five minutes, before I was attacked: I was easing myself, and the prisoner came behind me, and threw me down on the stones, and began to rifle my pockets; I got away from him, and ran up Oxford road; there I saw him again, and he down with me again, by kicking up my heels, as I ran along.

Q. Did you see any weapon he had?

Warren. No, I saw none. He then fell upon me, and I hollowed out for the watch; but he got hold of the handkerchief I had about my neck. So that I could not make much noise; he had like to have throtled me.

Q. What did he say to you?

Warren. I cannot remember that he said any thing to me, either of the times; he got his hand to my coat and breeches pocket, but the watch came so sharp upon him, that he had not time to take my purse: I had fast hold of his hand when in my pocket: two watchmen came when he was upon me, and took him to the round-house.

Q. Did he take any thing from you?

Warren. I lost a six-pence and some halfpence out of my coat pocket, and my handkerchief from my neck: my handkerchief was found upon him at the watch-house; (produced and deposed to): there were a shilling and some half-pence found upon him in the watch-house. I do suppose I should have lost my life, if help had not come.

Richard Earp . I am a watchman. On the 5th of May, at night, as I had just called the hour two, I heard a man crying out in Soho-square, in great distress, seemingly; I darkened my lanthorn, and ran towards the noise; I found the prisoner upon his knees on the prosecutor, as he lay on his left side; the prisoner jumped up, and said; watchman, I charge you with this man, meaning the prosecutor. I said, friend, I shall charge you, for I believe you to be the aggressor; I took him by the collar, and John Bettoe , another watchman, came to my assistance: the prisoner said, are you taking me to the round-house? and attempted to slip off his frock, to get away from me; then I knocked up his heels, and we were forced to knock him down two or three times, before we could master him. We took him to the watch-house, and delivered him to Mr. Green, the constable of the night: when in the watch-house, Mr. Warren said he had lost his handkerchief; then the prisoner delivered it out of his hand to the constable; we secured his hands as we brought him along, so that I know he had it not in his hands then; but the first of my seeing it in the watch-house, was in his hand; he must have taken it from his pocket; he was searched, and a shilling and some halfpence were found upon him. The prosecutor said that was not his money; his was a six-pence: the prisoner said he got the handkerchief from him at the first attack, as it came off the prosecutor's neck, and he kept it.

John Betton . Between the 5th and 6th of May, I saw two men running along, the prisoner at the bar was the last of them; he cried Stop thief.

Q. Where was this?

Bettoe. This was some distance from Soho-square: I made a blow at the prosecutor, expecting he was the thief, but I missed him; my staff flew out of my hand: when I came up to my box again, I saw the other watchman running, and I followed into the square; when I came there, I found the prisoner in his custody.

Q. How long was this after you first saw them running?

Bettoe. It was very near a quarter of an hour after: the prosecutor said he had lost his handkerchief, and sixpence and some half-pence. Kelly seemed to talk as if there had been a quarrel betwixt them: as we were going to the watch house, the prisoner endeavoured to make his escape; we had much ado to get him there. I heard him acknowledge the handkerchief was the prosecutor's handkerchief, and that he got it in the struggling, as it slipped off his neck.

Matthew Green, the constable, gave the same account as the watchmen did, as to what passed in the watch-house. *

Acquitted .

338, 339. (M.) John Hart , otherwise Jacob Hart , and Susannah Wright , spinster , were indicted, the first for stealing a deal box, value 6 d. a cloth coat, value 6 s. a cloth waistcoat, value 3 s. and eleven pound of pork, called ham, value 5 s. the property of James Sharp ; and the other for receiving the same, well knowing it to have been stolen , May 6 . +

Duncan Cuthbert . I live in St. Saviour's Church-yard: I sent my apprentice to the Bolt and Tun Inn in Fleet-street, to fetch a box that came out of the country, which was ordered to be left with me, for me to send down into Essex. I was bound over to prosecute, but I know nothing of the matter.

Thomas Hambleton . I am apprentice to Mr. Cuthbert; I was sent to the Bolt and Tun for a box that came out of the country, directed to Mr. Cuthbert: the box was delivered to me by the book-keeper.

Q. When was this?

Hambleton. It was some time in April last; I do not know the exact time: I was bringing it along Fleet-street; I set it down to rest myself: a woman asked John Hart to help me up with it on my head (that woman was not the prisoner); he helped me up with it, and followed me: he asked me what was in it, and several other questions. He told me he would give me a spell; so in St. Paul's Church-yard I let him carry it: he turned into Pater-noster-row, and gave me the slip, and got off with it.

Peter Canes . On the 21st of April in the morning, the prisoner came into my house, in Plough-street, Goodman's-fields; he asked for a coat that lay in his name: I brought it down; he had brought it several times before. He pulled off his coat and waistcoat; he left them with me for ten shillings, and put on what he had pledged before. This being a Saturday, I said, Jacob, I thought you Jews would not touch money on your sabbath. He answered, As to money and a pretty girl, they may be touched at any time.

Sharp, the owner, living in the country, and not appearing, the property of the coat and waistcoat could not be proved.

Acquitted .

340. (M.) John Harris was indicted for stealing a silver watch, value 40 s. the property of John Taylor , May 18 . +

John Taylor . I live in Park-place by St. James's-street, and am servant to Philip Holman , Esq; On the 18th of May I was in the city with some relations, and had drank a little more than I should do. About ten at night, going home, in Cockspur-street I fell down, where they were paving, among the stones: the prisoner helped me up; I never saw him before, and as he held me by my left arm, he with his left hand took my watch out of my pocket. I felt him take it out, and charged him directly with it; he said he had it not: then some people came about, and said they would carry him to a Justice of the Peace. Going along, there came a chair and knocked me down: I lost hold of the prisoner, and he ran away: a young man, named Harrington, ran and took him again: we carried him to St. Martin's round-house: he was searched, but no watch found.

Q. Are you certain you felt the prisoner take it?

Taylor. I am very certain of that; there was another man on my other side; but he quitted his hold as soon as I was up, before the prisoner took it.

Q. Should you know that man again?

Taylor. No, I should not.

Samuel Harrington . On Friday evening, the 18th of May, I saw the prosecutor standing at the corner of Pall-mall, and a great many people round him. I heard him say several times, the prisoner had robbed him of his watch: this was as the watch were going ten. The people were advising him to take the prisoner before a magistrate; he seemed to be a little in liquor, but seemed to speak very reasonably and sensibly. He said he had fell down, and two men helped him up, and that the prisoner had picked his pocket of a watch. The prisoner took the wall of a chair, which knocked the prosecutor down; the prisoner ran away, and I ran after him. In running about 20 yards towards the Golden Cross, he fell down, and I laid hold of him, and brought him to the prosecutor: he was taken to St. Martin's round-house, and the next morning before a magistrate. The prosecutor was at all times in the same story.

Prisoner's Defence.

I was coming from Brentford fair, and going to Joyner's-street, to my lodging, at my father-in-law's. Just at the corner of Pall-mall I saw the gentleman fall down upon the paving stones: another man was on his right side, and I on his left; he charged me with picking his pocket; the other man ran away; I know no more of it than the child unborn.

Guilty . T .

341. (L.) Mary Dagon , spinster , was indicted for stealing 5 yards of silk for handkerchiefs, value 20 s. the property of Joseph Vaux , May 9 . +

Joseph Vaux . On May the 9th, about three in the afternoon, the prisoner and another woman came into my shop, where I live in Cornhill , and asked to look at some silk handkerchiefs: we shewed her some: I observed her to draw a piece of handkerchiefs from the middle of the counter, looking at the young man at the time, who was serving another woman, to see if he saw her: he did not observe her: she got it between the counter and her body, and seemed to be hustling of it. I let it be there some time: I thought if I let her go out I might be obliged to prosecute the other woman; so I went and laid hold of the prisoner in the shop, and asked her what she was doing with a piece. She said she had none. She then stirred from the counter, and the piece fell down between her and the counter.

The prisoner not being possessed of it, she was acquitted .

342.(L.) Elizabeth Cooper , widow , was indicted for stealing four silver tea-spoons, value 5 s. and one linen apron, value 2 d. the property of William Richards , May 10 . +

William Richards . I am a watchmaker , and live in Aldersgate-street . About a quarter after 6 in the morning, on the 10th of May, I was at work; I heard a noise in my kitchen, which is a room even to that I work in. I went into the kitchen; the prisoner met me: I seemed a little frighted: she said, What are you frighted at, I come to enquire for one Nurse Davis. I found she came in at my back door, which I found a-jar.

William Blake . I am apprentice to Mr. Richards; I saw the prisoner in my master's kitchen, with the spoons (mentioned) and apron in her hand. I first saw her in the passage between the kitchen and shop, (the spoons and apron produced and deposed to). Mr. Whitton came into the kitchen when she was there: he had called through the window, having first seen her; his window looks into our kitchen.

Mr. Whitton confirmed the account given by Blake, with this addition; he first saw her peeping into the prosecutor's kitchen thro' the window.

Prisoner's Defence.

I go out a nurse-keeping, and sometimes a chairing : I was going to Mr. Reyner's, in St. Paul's Church-yard; I met a nurse that nursed me in my lying in; she told me she was nursing in Alders-gate-street, 3 or 4 doors up an entry, before I come to a pawnbroker's shop. I went and knocked at the door, and when I went in, the gentleman was frighted: I wanted only to speak a word or two to the nurse.

The prisoner called Rachael Holloway , who had known her 18 years; and Ann Lythan , between 5 and 6, who gave her a good character.

Guilty . T .

343. 344. (L.) Thomas Ricketts and John Bates were indicted, together with James Allen ; Joseph Jones , and John King , not taken, for stealing 14 walking-canes, value 4 l. 10 s. the property of Robert Brown and George Worster , in a certain vessel called a hoy, lying on the river Thames , April 21 . +

There was no evidence to the fact but John Dagenart , apprentice to the master of the boy, who deposed, that he himself took the canes out of the parcel in the boy, and secreted them; and King took them on shore, and sold them to a man called Abe Jacobs, a Jew; and that King and he had the whole of the money; and that the prisoners, with the others not taken, desired him to take them. His evidence not being supported by any evidence of credit, they were Acquitted .

345. (L.) Charles Gay was indicted for stealing a linen handkerchief, value 6 d. the property of Thomas Brooksbank , May 30 . *

Thomas Brooksbank . Yesterday se'nnight, coming from the Exchange, when I was under Newgate , my son said, Papa, Papa, you have lost something. I felt, and found I had lost my handkerchief. He said, he saw three men take it out, and were gone that way, (pointing towards Newgate-street); there were several people gathered together: a person said, I saw a man run up the court just within Newgate-street, where is no thoroughfare. We went, and there found the prisoner: he told me he was an apprentice to a tea-board cutter in Water-lane. I charged him with stealing my handkerchief: he denied it: I never saw my handkerchief since.

Thomas Brooksbank the younger. I am in the 15th year of my age; going thro' Newgate with my papa, the prisoner followed us: he was about a yard from us when I first saw him; there were two fellows with him; he hustled me away from the side of my papa: one of them got up to my papa, and snatched the handkerchief out of his pocket: it was a red and white linen one. The prisoner was by his side, and he gave the handkerchief to him, and the prisoner gave it to the other person; and they went away towards St. Paul's back again.

Prisoner's Defence.

I was going down Newgate-street; there were two or three young men came along, and just as we came, he lost his handkerchief, but I know nothing at all of it.

Acquitted .

346, (L.) Arabella Fox , spinster , was indicted, for that she, together with John Edwards , not taken, on the King's highway, on John Pentycross did make an assault, putting him in corporal fear and danger of his life. and taking from his person one silk handkerchief, value 6 d. and 9 s. and 5 d. halfpenny in money numbered , his property, May 11 . *

James Pentycross , On the 11th of May, about 6 in the morning, I was going to my work through Black-boy-alley ; a man and a woman met me, and said something which I did not understand.

Q. Where do you live?

Pentycross. I live in Fetter-lane, and was going to Cow-Cross; the man laid hold on my right arm, and asked me for my money: I said it was very trifling: he said, You have some. I put my hand into my pocket, and took out 9 s. in silver; he took it, and a blue silk handkerchief from my neck; and the woman took five-pence halfpenny out of my left-hand pocket; that was what I had in change out of a six-pence for a dram, as I came along. He took a Portugal piece of copper out, and looked at it, and gave it me again. The prisoner is much like that woman; then the man put me in an alley on the right hand side, and bid me stay there till he came to me. I turned round to make water, and there came a lusty fat woman; she asked me what I did there? I said I had been robbed; then she turned herself away, and I went away to my brother's; and what became of them I do not know; I never saw the man since.

Q. Where did you meet with the prisoner?

Pentycross. I was speaking of this at two or three houses in Cow-Cross, describing the woman; the people said they knew her, and the watchman told me where she was, at a house in Long-lane, West-Smithfield. I went to that house that day week, and there the prisoner was: there were two or three men: I challenged her about so and so, and she fell a crying.

Q. Can you say she is the woman upon your oath?

Pentycross. I believe it to be the woman; I will not swear she is.

Q. What did you charge her with?

Pentycross. With having a hand in robbing me in Black-boy-alley; and she desired Edwards might be apprehended; and said, he threatened to beat her and use her ill, in case she did not assist in the robbery.

Q. Did she tell you where Edwards lived?

Pentycross. No, she did not; there was a man brought to me of that name, but I could not swear to him.

Q. How came you to know her name?

Pentycross. The watchman told me she went by the name of Arabella Fox , and before the alderman she said that was her name.

Q. Did you ever find your handkerchief?

Pentycross. No.

Prisoner's Defence.

I really know nothing of the matter.

Acquitted .

347. (M.) John Miller was indicted for stealing a silver watch, value 30 s. the property of Robert Chantry , May 20 . *

Robert Chantry , I lived at the Cheshire Cheese in Parker's-lane , when the watch was taken away: the prisoner was a lodger to me; the watch was the property of John Williams , who had lodged in the same room, and lay in the same bed: he left the lodging about a fortnight before the prisoner came in, and his things were in the room in a box, and he delivered this watch to me, and I put it into the box in that lodging-room. I cannot swear whether the box was locked or not; the wearing apparel in the box was all safe.

Q. When did you miss the watch?

Chantry. I missed it about the 17th or 18th of May.

Q. How long had the prisoner lodged with you?

Chantry. About eight or nine weeks, and went away the very day I missed the watch. When I said I would go and fetch it down, then he ran away, and I found him in Broad St. Giles's on the 20th of May: I asked him how he came to take the watch? he said, he did take it, and had sold it to Mr. Cox's brewer, or cooper, where I found it. (Produced in court, and deposed to by John Williams , the owner.)

John Walker . The prisoner came to my house with this watch, and asked me if I would buy it; he asked me 50 s. for it; I bought it for two guineas: he said he sold it for need, wanting to buy some cloaths: this was two or three days before the prisoner was taken up. I heard him own before Justice Welch, that he took it out of a box.

Prisoner. I did take it.

Guilty . T .

348. (M.) Philip Newgent was indicted for stealing 6 hampers, value 4 s. the property of Samuel Pryor , May 11 . *

Samuel Pryor . I keep a turner's shop in the Strand : On the 11th of May I was very ill, sitting in an easy chair in the parlour: the prisoner awaked me, being in the back-shop; I asked him what he wanted; he said, he wanted to buy a basket. I had employed him some time before; I bid him go about his business. In about two hours after. I was standing at my door, and saw him at the upper end of Craven-street, with 6 hampers: I called my man, and sent him after him, and found them to be my property: he had taken them from my warehouse in Hungerford-market.

John James . I was at a public house, and saw the prisoner go to the prosecutor's warehouse-door, and tumble the baskets about: he asked me to help him up with these hampers, which I did by the door.

Richard Wise . I am servant to the prosecutor: I saw the prisoner with these six hampers on his back: I went and stopped him, and before Justice Cox he owned he took them from my master's warehouse-door, where I had seen them standing a little before.

Prisoner's Defence.

I went to Newgate-market that morning, and going again to get a job, a man said, Do you want a job? I said, Yes. Said he, Go down to Hungerford-market, and there are four baskets packed up; go and fetch them, and I'll go and get a pint of beer, and come to you. I did, and they came and laid hold on me.

Guilty . T .

349. (M.) Robert Mitchell was indicted for stealing a barber's wooden block, value 2 s. a card, value 6 d. a brush, value 6 d. a pair of screws, value 6 d. a pressing iron, value 2 d. and half an ounce of hair, value 6 d. the property of Robert Murray , May 22 . +

Robert Murray . I am a peruke-maker ; the prisoner was a covenant servant to me for three years, bound the 9th of Jan. last. On the 22d of May I had a warrant to search his brother's house, missing some things; there I found the things mentioned in the indictment. He confessed before the officer, that they were my things, and he intended to pay for them.

William Legroves , the constable, deposed to the finding the things and confession, as mentioned by the prosecutor.

Prisoner's Defence.

I only took them away in order to try how I could make or alter a wig.

For the Prisoner.

John Wood . I am a peruke-maker: it is a common thing to lend a covenant servant a block and card, and things to carry home, and to return them again.

Acquitted .

350. (M.) William Jenkins was indicted for stealing 3 linen shirts, value 14 s. a pair of thread stockings, value 1 s. a pair of cotton stockings, value 1 s. a pair of worsted stockings, value 2 s. and 2 muslin neckcloths , the property of Peter Botham , May 15 . +

Peter Botham . I live in Surry-street in the Strand , and deal in the coal-trade . The prisoner was servant to my barber , and used to come and shave me and fetch my wigs. Things being missing at sunday times, we mistrusted him, and he was searched, and a shirt was found upon him.

Ann Maxfield . I am servant to the prosecutor: we first missed two shirts, about six weeks ago; after that a pair of stockings. We knowing nobody came into the place but him, we mistrusted him; so I laid a shirt to trap him, and we left him in the room by himself. After he was gone, we went into the room, and the shirt was gone; then my master went and took him up, and I was by when the shirt was taken out of his pocket. (Two shirts, two neckcloths, and three pair of stockings produced.) These are my master's property; one of these shirts was taken out of his pocket, the other things were found upon him; this was on the 15th of May.

Robert Lockbard . I am constable: I took the prisoner in custody at his master's house in Arundel-street, on the 15th of May; I found these things in the prisoner's master's house: the prisoner said they were his own property: they were in a handkerchief of his own: the shirts are marked with the initial letters of the prosecutor's name. I was before the justice when a shirt was pulled out of his pocket; he owned afterwards, that they were the prosecutor's property.

Prisoner's Defence.

I did not know what I was about when they took me up; they took me before Sir John Fielding , and put me in such fear, saying they would hang me, I was so frighted, I did not know what I said.

He called John Watkins , James Jenkins , and Charles Wyate , who gave him a good character.

Guilty . T .

351. (M.) John Millar was indicted for stealing 6 linen shirts, value 3 l. one pair of Bristol stone shoe-buckles set in silver, value 20 s. one pair of ditto knee buckles, value 10 s. one silver table-spoon, value 6 s. two silver tea-spoon, value 2 s. the property of Michael Cox , Esq ; in the dwelling-house of Ann Elliston , widow.

The prosecutor being a German, Mr. Henry Keys was s worn interpreter.

Michael Cox . I was not in the house at the time the things were lost; I can only swear they are my property. I came home, where I lodge, between twelve and one on the 20th of May at night: I knocked at the door, and two watchmen came from the opposite side of the way, and told me they had got a young man in the round-house who they believed had robbed me. Upon the door being opened, the woman of the house told me the same, and that I had been robbed of most of the things in the house. I went up stairs, and found the lock of my escrutore broke open; upon which I examined, and found a key that ought to be in it was taken out, and other drawers were broke open. Out of those drawers were taken linen, two pair of stone buckles set in silver, three tea-spoons, and one table-spoon.

Q. Where do you lodge?

Cox. In Burlington Gardens , at the upper end of the street. Then I went to the watch-house to the prisoner; he said, Captain, will not you forgive me?

Q. Did you know him before?

Cox. No, I did not.

Ann Elliston . On the 20th of May, about ten in the evening, I thought I heard somebody in Capt. Cox's bed-chamber, which is over the room where I generally am. I took up the candle, and bid the maid follow me: on opening the Captain's room-door, I saw a clean shirt lie on the bed, and two white handkerchiefs lying on the ground. I went to the foot of the bed, and there I saw the prisoner; I asked him how he came there; he made me no answer; he had a bundle of linnen tied up in a napkin in his hand, which he let fall to the ground. I took hold of him, and took him into the dining-room, and bid the maid call my brother. The prisoner asked me to let him go, and said he had not got any thing: my brother came, and I desired him to take care of him till I got a proper officer. When the officer came, he searched him, and took from him a black shagreen case with the silver buckles in it; the things were carried to the watch-house, and delivered to the lanthorn-bearer. (Six shirts, part of the things, produced in court, and deposed to) These shirts were in the bundle which he had in his hand there was a parcel of keys taken out of his pocket, and another shagreen case with spoons in it.

Q. Did you know the prisoner before?

A. Ellistone. He used to come to see the Captain's servant; I have seen him before.

Prisoner's Defence.

I know nothing of the things; I was in liquor, and might stroll in in order to see the Captain's servant.

Guilty, 39 s. T .

352, 353, 354. (M.) Elizabeth, wife of William Pomfret , Martha Lambert , spinster , and Aaron Samuel , were indicted, the two first for stealing a silver tankard, val. 5 l. the property of Joseph Warricker , in his dwelling-house , and the other for receiving the same, well knowing it to have been stolen , May 7 . ++

Joseph Warricker . I live at the Brown Bear, Goodman's fields , a public house; the two women at the bar came to my house on the 7th of May, about three or four o'clock, and went away betwixt six and eight in the evening. There were five or six of them in company in the common tap room: they drank porter in a silver tankard: I was not very well, and went to bed about 9 or 10. The tankard was not missed till the next morning; then we recollected the two women who had been drinking out of it last: they went for sisters: Pomfret was taken that very night, and carried to the watch-house; and the next morning, before the bench of Justices, she confessed that she was the very person that stole my tankard: she had confessed it before me and two or three others before we went there. On the Friday morning Lambert was taken, and they were both at the Justice's together. Lambert owned she had part of the money the tankard was sold for: they both said, they employed Aaron Samuel to sell it for them: I think they said they sold it for 31 s. that Lambert had a crown, Aaron had 2 s. for his trouble, and Pomfret had about 28 s. and that Samuel had sold it somewhere in Houndsditch. Pomfret said the tankard was in his possession all that night, and the next morning he brought the money. Lambert said, she knew her sister, whom she called Pomfret, stole the tankard, and they went directly to the Jew, and he sold it. We took up the Jew; he confessed he had the tankard in his hand, but said he gave it them again. I never got my tankard again.

John Lawrence . I went to seek for Pomfret, and found her very drunk; I could then get nothing out of her. I led her to the prosecutor's house; the next morning she told me I should find Lambert at Mrs. Maloy's house: I went and found her there; I took her to the prosecutor's house; there she confessed that Pomfret took the tankard, and carried it to Aaron Samuel , and he sold it; and said she would go along with me, and find him. We went to his lodgings; she knocked at the door; he opened it, and let her in, and I pushed in afterwards, and said, Did you see this woman and another with a silver tankard last Monday night? he said, Yes, they brought a tankard to me; I had it in my hand, but I gave it them again. I said, Certainly you must know how that was come by, as there was my father's name on the bottom of it. He said, he could neither read nor write. I took him to my father's house also; then the constable had brought Pomfret out ready to go before the justice. There Pomfret confessed she stole the tankard, and that Lambert went along with her to the jew to sell it, and the Jew gave her a guinea, a 6 s. 9 d. and 3 s. 3 d. halfpenny; and after that he asked for something for his trouble, and she gave him 2 s. When they came before the justice, they confessed the same. The Jew told me that one Lazarus Jacob had the tankard, and that he lived by the Hermitage. I went there, but could not find him.

Q. How did Pomfret say she took it?

Lawrence. She told me, that when she went out, she took it from the table, (I had seen it stand on the table by them); there were 28 ounces and some odd penny-weights of it.

Richard Coteril . I heard Pomfret own she took the tankard, and sold it to the Jew in Houndsditch. The Jew said, he had the tankard on the Monday night, and delivered it to them again.

Pomfret's Defence.

I do not know what to say.

Lambert's Defence.

I know nothing about it, only what she told me herself; she knows I know nothing of it: what she told me, I told the Justice.

Samuel's Defence.

These women came to me at the Three Pigeons; Pomfret asked me if I would buy a tankard? I said, I am incapable; I have no money. She begged of me to take care of it till morning; I had it in my hand to be sure: I am as innocent of the affair as any man in the world: I returned it to her again.

He called Rose Jacobs, Mrs. Benjamin, and Abigall David, who gave him a good character.

Pomfret Guilty 39 s. T .

Lambert and Samuel Acquitted .

355. (M.) John Turtle was indicted for the wilful murder of Joseph Chambers . He stood likewise charged for the said murder on the coroner's inquest, May 8 . *

Samuel Roaper . I live under the same roof where the prisoner lived over him in Periwinkle-street by Ratcliff watch-house. Chambers, the deceased, was a rope-maker ; so am I: he lived in Ratcliff-square; the prisoner is a shoe-maker . On the 8th of May, about 12 at night, I was standing at an ale-house door, next door to where I live; I saw Chambers coming up the street; I stopped to talk to him about our trade, about a quarter of an hour; the prisoner was standing by us. I shook hands with the deceased, and bid him a good night: he bid me a good night: I went up stairs to go to bed, and left Chambers talking with the prisoner in the street. I do not know what they talked about: the prisoner's wife was sitting on the stairs between his apartment and mine: I pulled off my jacket and coat, and before I could get my breeches off, Joe Chambers called out, Roaper, Roaper, my guts are coming out. This might be about six or seven minutes after I lest them in the street. I immediately came down, and saw Chambers standing on the right hand of the door, and the prisoner on the lest; Chambers unbuttoned his jacket, and pulled his shirt out of his breeches: I saw his guts coming out on the left side of his belly: he said, that was the man that did it, pointing to the prisoner.

Q. Did he particularly explain in what manner it was done?

Roaper. No, he did not.

Q. Had the prisoner any weapon in his hand?

Roaper. No, he had not, as I saw. Then I took hold of the prisoner, carrying him directly to the watch-house: he said, Search me; I have no knife about me. Chambers said he was a dead man; he was carried down to the doctor; I delivered the prisoner to the constable, and went home to bed.

Elizabeth Roaper . I am wife to Samuel Roaper ; I saw Chambers talking with my husband at the door, and the prisoner was standing by them. Turtle said to Chambers, you are one of those that have been lying with Peg, (my husband is a little hard of hearing, and it is possible he might not hear it). Chambers said, Who is Peg? Turtle said, That is my wife, every body's whore; and you shall give me a pot of beer. Chambers said, he had no reason to give him a pot of beer, as he knew of. Turtle insisted mightily on a pot of beer. I took the candle, and went to bed with my husband, and left Turtle and Chambers talking together about the pot of beer. When we left Turtle, he wanted a bit of candle; we would give him none, because he was a little in liquor, and we were afraid he would set fire to the place. I had been up stairs but a very little while, it may be about seven or eight minutes, before I heard Chambers call out, Mother Roaper, I am stuck.

Q. Betwixt your coming up stairs, and hearing Chambers call, do you know whether Turtle came up to his room?

E. Roaper. Their room is the room below our's, and I cannot be positive of that. I thought Chambers was making game; I called out of the window, and said I could not come: I shut the window; then I heard other people and him call; he said, Mother Roaper, come down, for my guts are out.

Q. Who else were in the street when you left them?

E. Roaper. I left them two together: I saw nobody else: then I took the candle, and ran down as fast as I could, and my husband after me. When I came to the door, Joe Chambers crossed over the way to me, and said, I am stuck: then Turtle was looking in the kennel for his wig, opposite the door; said Chambers, My bowels are out. I looked, and saw them out about the length of my finger; I saw no blood there: he said, That villain has stuck me (pointing to Turtle); I am a dead man. I led Chambers to the watch-house, and my husband took hold of Turtle: I never saw any thing of a knife. As we were going along, Turtle said he had no knife: he was searched in the watch-house, but no knife was found. When Chambers was in the watch-house, he said Turtle was the man that killed him; he said the prisoner followed him a little way from the door; he did not think he had been stabbing him, but hitting him with his fist; and that it was about the pot of beer.

Q. Was Turtle by at the time the deceased made this declaration?

E. Roaper. He was, but I never heard him say any thing. I went with Chambers to Dr. Basdell; he said it was a dangerous thing, and desired I would lead him to the watch-house, that they might send him to the infirmary, which I did. He was so weak and saint. I thought I should never get him back again. I went that same day to the Infitmary; he had a wound in his right side, just under his breast, and a wound on each thigh; the wound where his guts came out was on his left side: he bled very much from the wound near his breast on his right side. When I saw him there, he held up his head, and said, Ah, Mother Roaper, I shall die. He died that day about 2 o'clock.

Eliz. Israel. I live next door to the prisoner and Mr. Roaper, at the sign of the George, a public house; the prisoner came into our house that afternoon, between 4 and 5 o'clock, very much in liquor, and his wife the same: he called for liquor; my husband would not let him have any; then he said he would go and fetch some from another house, and drink it here; he went and got some beer, and came and drank it at his own bench. My husband and I went out about business to Whitechapel, and came home between 7 and 8; then the street was in an uproar with him and his wife; he kept making a noise; we went to supper at 10; Mr. Roaper and his wife came in, and had two pints of beer: I believe it was about 12 when they went away. After I lighted them out, I went to bed: I had been in bed but a small time; I heard a noise; I thought they were going to take Turtle to the watch-house. I got up and opened the window; the prisoner kept on making a noise in the street; what he said, I cannot tell: I saw Chambers a trifle of way from him; I saw nobody in the street but them two: Chambers stood still, and said never a word; I was surprized at it, that such a great man should stand still, and take a blow from the prisoner: I looked to see if he would strike the prisoner; I stood some time, and heard him cry, O, my guts: in a little time after, he cried, Mother Roaper, Mother Roaper, my guts are out: one of them was on one side of the kennel, and the other on the other side, about three or four yards distant.

Q. Was it light or dark?

E. Israel. It was very moonlight: I saw nothing in the prisoner's hand: I did not see the prisoner do any thing to the deceased, nor the deceased to him: I had heard a fighting or wrestling before I got to the window.

Q. Was you wide awake?

E. Israel. I believe I had just forgot myself.

Q. How long was it, after you got to the window, before he cried his guts were out?

E. Israel. I believe it was about ten minutes: I did not see that they came near one another before Chambers said his guts were out: Turtle was so much under my window, that I could but just see him.

William Martin . I am the constable: Roaper and his wife, and some more neighbours, brought the deceased and prisoner to the watch-house: Chambers knowing me, said, Mr. Martin, I am stabbed, and killed, and shewed me the wound, and accused Turtle with it, saying, he had stabbed him: he said, You rogue, you villain, you have stabbed me; I am a dead man. We sent Chambers to the doctor.

Q. Did you observe how he was wounded?

Martin. He listed up his shirt; on the left side there were his bowels out; he had another wound on his right side near his breast, and, I think, another on his left thigh. Turtle said, Mr. Martin, I have no knife at all; if you'll believe me, I never did it. Chambers made answer, you rogue, you villain, you have stabbed me, I am a dead man. Turtle still said he did not do it; Chambers was sent back again, and we sent him to the Infirmary. The deceased's brother hearing he was stabbed, came at 7, and desired me to take the prisoner to the Infirmary, that the deceased might see him before he died, to see if he would swear to him. I took Turtle there, and as soon as Chambers saw him, he said, You rogue, you villain, you have stabbed me; I am a dead man. Turtle then said, Mr. Martin, I had no knife at all, and still denied it. I was ordered to take him before the justice; I went to Justice Pell; he said, he should be at the Infirmary by 11 o'clock, and ordered me to bring Turtle there. I put him into the Tower. gaol, and carried him there at the time. The doctor had just dressed the deceased, and sewed up his wound; and before the Justice Chambers mentioned the same words again, You rogue, you villain, you have stabbed me; I am a dead man: the prisoner again said he had no knife, de did not do it.

Q. Did you search the prisoner?

Martin. We did, but found no knife; neither was any found in the street. Justice Pell said to Chambers, take care what you are about, here is a life depending: he took down what the deceased said, and read it over to him, and swore him, and Chambers made his mark: (He takes a paper in his hand): this is it; here is Chambers's mark, and Justice Pell's hand to it. It was read over to Chambers, while he was upon his oath, by the Justice; and Chambers declared it to be true, and said the prisoner was a vile man, and a villain, and that he was a dead man.

Q. Was Chambers then sensible?

Martin. I believe he was as much in his senses as I am now: the justice examined him very closely: I asked Mr. Pell, whether I must carry him to gaol? he said no, carry him to the bench of justices at Whitechapel, saying he should be there by and by. Going along. Turtle said, I am very sorry for it; if the man should die, I shall not care how soon I am hanged out of the world; this he said several times, but in general he denied it. I said to him, it is a hard thing to die with this in your breast; you had better make an open confession, that you might find favour with God. He said, I'll do all I can: just as I was going to take him away from the justices, Mr. Shakespeare said, Stop, they say the man is dead. The justices sent a man, and said, if he is dead, be sure you see him yourself: the man came back, and said he had been dead about a quarter of an hour; then the prisoner said, I do not care if I was hanged immediately. I took him away to goal, and talked to him as we were going along, and while his irons were putting on, and said, it is impossible for you to make your peace with God, without you make an open confession; he said, I'll do all I can, to make my peace with God.

Thomas Isherwood . I heard Justice Pell examine the prisoner, and saw the prisoner sign his confession.

Samuel Bechame . I am a pupil at the London infirmary. The deceased was taken in between two and three on Tuesday morning, the 8th of May; I was by at the time, and examined him as soon as he was in bed; there were five wounds about him, two on his right side; but the principal one was on the left side of his belly, where his bowels were coming out: the gut was not cut quite a-cross, but half an inch in length; there was a wound on each thigh; I apprehend the wound on his right side and thighs to be of no great consequence; he might lose some blood from them, but they were very small; I believe they might be about half an inch deep, done by some sharp instrument: they were about the same size as that on his left side.

N. B. The LAST PART of these PROCEEDINGS will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the Country of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 7th, Friday the 8th Saturday the 9th, and Monday the 11th, of JUNE.

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

NUMBER V. PART II. for the YEAR 1764.

LONDON:

Sold by W. NICOLL, in St. Paul's Church-yard.

(Price SIX-PENCE.)

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

Q. HOW long did the man live?

Bechenoe. He lived about twelve hours; the wound on his left side was the occasion of his death it gut being cut, there was no possibility of saving him: there has been instances of a person living after the gut has been cut, but those instances are very few: a mortification would have come on, had he lived longer; for the excrement coming into his belly, would have occasioned his death.

Q. Did you see the examination taken before the justice?

Bechenoe. I did.

The Examination read to this purport;

Middlesex. The examination of Joseph Chambers , at the London hospital, in the presence of John Turtle , before Robert Pell , Esq; one of his Majesty's Justices of the Peace for the said county.

Who says, upon his oath, This morning about one o'clock, going home from an alehouse, where he had spent 3 d. 1/2, he met with the prisoner Turtle, with whom he had some words, about a woman, with whom the prisoner lives, called his wife; and he, the said Turtle, went into his own house, as he believes, to fetch a knife; and, upon coming out, he, the said Chambers, struck the prisoner, Turtle, with his open hand, on the side of his head; upon which he immediately struck him on the breast, which blow, upon the immediate effusion of blood, he found to be given by a knife; and that he, the said Turtle, repeated the said stabs upon several parts of his body and thighs; upon which, he endeavoured to get away, and was pursued by the said Turtle; and that several neighbours being alarmed, and called to his assistance, they took the said Turtle into custody.

Sworn the 8th of this inst. May, 1764, before

R. PELL.

Prisoner's Defence.

I was at my own door: this Roaper and Chambers, a man unknown to me, a man about six feet high, came up the street together; I could not get in; I generally go to bed about 9, never after 10 o'clock: they stood talking together at the door: presently Mr. Roaper goes up stairs; the big man turned away, and in about three or four minutes he returned, and went towards the door; I thought he was going up to his acquaintance; but instead of that, he came to me, and said, can I have a lodging here to night? I said no, my friend, I am very poor, and cannot get a lodging for myself: he said, I must lie here to night: indeed, said I, you shall not: with that, he up with his fist, and struck me on this side my head; he being a heavy lusty man, he struck me quite into the street, and broke my shin; it is now to be seen: I laid down there some time; then I got up, and clapped my hand to my head, because I found myself to be dizzy; I sat and rested myself, and feeling it cold, I put my hand up to my head, and missed my hat and wig; I found my leg fore, and my hand sore; I sat down very easily and quietly. I went to pull my handkerchief off my neck, to wipe my face, and I missed that. As I sat there, a woman right facing us came and said she heard me call out; she said to the big man, why do you serve him so? and said, somebody is abusing the old man. This great man, Chambers, came right up to her; I take it by his bigness, to be the same man that struck me. The young woman called Mrs. Roaper down stairs; he came too, and he laid hold of me: I cried, search me now; I had time to run away, if I had done any mischief. I gave them all room to search me: they hauled me to the watch-house, and in the morning they carried me to the hospital: I went up to the side of the bed; they cried, look at the man: the surgeon asked him if I was the man that did it? he answered, he looks much like the man, but I cannot swear to him.

Q. to Martin. Did the deceased speak with certainty, or otherwise?

Martin. As soon as ever he saw him, he said, You villain, you stabb'd me; and I am a dead man: this he said several times. The deceased owned he struck the prisoner once, for accusing him about his wife; being innocent of what he charged him with.

Prisoner. The deceased declared he never knew me, nor never saw me, nor drank with me.

Bechenoe. Chambers declared that he had seen the prisoner, but never knew him but by sight; he owned he struck the prisoner with his open hand, upon demanding a pot of beer of him, for having to do with his wife; that immediately he found the prisoner strike him, but did not know it was with a knife, till the effusion of blood.

Guilty . Death .

This being Friday, he received sentence immediately to be executed on Monday next, and his body to be dissected and anatomized.

356 (M.) Nicholas Maccabe was indicted for the wilful murder of Patrick Smith . He stood charged on the coroner's inquest for manslaughter, March 13 . +

Francis Sherriden . The deceased, Patrick Smith , and I were partners; we are chairmen , so is the prisoner: the prisoner and I had a quarrel about a fare, and it came to blows: we parted, and agreed to fight the next morning. We met at the place appointed, behind Montague-house ; there we fought; (this was on the 12th of March) I was knocked down, or fell down; then every one said he gave me a false blow when I was down; Smith was standing in the ring; he came up to Maccabe, and said, that was not fair to strike a man when he was down: then Maccabe gave him a blow on the head; then Smith walked off, and we fought again; I gave up; then Smith came up again, and said it was not fair to strike a man when he was down: then Maccabe said he would beat us both; he gave Smith another blow, and Smith gave him one; then they fought: he knocked Smith down again; then Smith flung off his coat. I went to a ditch hard by, to wash myself, and did not see what passed, till I saw Smith lying dead on the grass, and could not speak a word. I said to Riley, why don't you take up the man? he took hold of him, and pulled his neck; then he could speak a little; they got him into a coach, and brought him home. I went to see him the next day, about 11 o'clock, and asked him how he did? said he, I am well enough, if you be well; and he died that afternoon.

Edward Riley . I am a chairman. When Sherriden gave up, the prisoner and deceased had high words; they fought, and had a good many blows; they fought a considerable time; and when they were grasping one another, Smith gave a cross-buttock to the prisoner, with intent to throw the prisoner over him: the prisoner was very loath to come down; and Smith, in attempting to do it, threw himself backwards upon his own head: as soon as he was down, I catched hold of the back of his head and his chin, and pulled the joint, and his neck gave a nick; I thought it came an inch and a half when I pulled it; the joint was out; he could not speak till I pulled it, and in a few minutes after he spoke. About a quarter of an hour before he died, I went to his bed-side, and said, How do you find yourself now? he said, I think I am a great deal better, since I lost some blood. I said, where did you receive your hurt? he said, it was not from blows, they did me no hurt: after I got the fall, I could not move hand or foot, or any part of my body, no more than a dead man.

Guilty. Manslaughter . B . Im .

357. (M.) Richard Steel was indicted for stealing two live hens, value 2 s. the property of William Foster ; and one live cock, value 1 s. the the property of William Wildman , May 10 . +

William Foster . I live at Islington . My wife awaked me between two and three o'clock, on the 10th of May, and said she heard somebody coming over the pales; and that she heard the hens wings flutter: I got up and took a hand whip, and a man, who took a pick-ax elve, and went down, and took the prisoner in the yard, which was not big enough to turn a horse round in.

Joseph Lloyd . I live in the prosecutor's house. I got out of bed, and saw some things flung over the pales, which we found afterwards to be two hens of Mr. Foster's, and the cock, the property of Mr. Wildman: we found them dead on the outside.

Foster. I asked him how he came to think there were fowls there? he said, he was going by, and heard the cock crow, and the devil possessed him to take them.

Guilty . T .

358. (M.) William Rowley was indicted for stealing one looking-glass, with a walnut-tree frame, value 5 s. the property of Thomas Aldersey , May 31 . +

Thomas Aldersey . I live in Tooley-street, and am a looking-glass-grinder : the prisoner was a porter in my shop, and had been there about three months. Last Friday morning, I had word sent me, that some of my goods were stopped in the hands of the prisoner, and I was desired to attend the Justices at Whitechapel: when I came there, this glass was shewed me; (producing one): but before I went, I went into my warehouse, and missed eight such glasses, that were tied up, four in a bundle, ready to be packed in cases, for New York; this is one of them; the prisoner confessed to the taking of four, and said he had sold three of them at the Peacock, in the Back-lane, Rag-fair; and that he took them away the day before, and carried them to the Ship alehouse.

Anne Evans . On the last day of May, about half an hour after ten o'clock, the prisoner came to my house, on Saltpetre-bank, and asked my maid if she wanted a glass; he asked 3 s. 6 d. for it: I said, h came you by it? he said, he took it of his master, because he could not pay him his wages: he said he had sold five of them. I said he should not sell this; so I sent for an officer, and charged him. When before the Justice, he said he could not tell how he came by it.

Guilty . T .

359. (M.) George Conkin was indicted for stealing two saddles, value 20 s. the property of John Newport , March 20 . +

John Newport . I live in St. Martin's-lane , and am a coach-master and stable-keeper . About the beginning of last April, I lost two saddles from out of my stables: the prisoner was stopped with another saddle, not mine, and taken before the justice and committed; I went to him in the Gatehouse; there he confessed to me he had sold one of mine, to Mr. Perkin, a saddler, in Piccadilly. I had an account by my saddler, that the other saddle was sold to Mr. Mussen, in Piccadilly, near the White-Bear; (two saddles produced in court): these are the two saddles; they are marked with my own name.

Mr. Mussen. I cannot positively swear to the prisoner, but I believe by his tongue he is the man that came to me, and said his master had given him a good second-hand saddle, because it was too small for his horse, and hurt him; and he gave him orders to bespeak a new one, and desired me to meet him on Friday morning, at the George, to take measure of his horse, and said, then I should have farther directions about makeing the saddle. I asked him his name? he said his name was Hodge; I gave him 13 s. for this, and I was to go very early, he said, or his master would be gone out. On the Monday morning, I sent my apprentice, but there was no such man to be found. In about a week after, I was sent for, being a constable, to take charge of a man that was stopped on suspicion of stealing a saddle: I went and took charge of the prisoner at the bar: the prisoner confessed before Justice Wright to the stealing some saddles, but he denied that he stole this.

John Harrison . I live with Mr. Mussen: the prisoner is the man that brought the saddle to our house; I am certain he is the man.

James Perkin . I am a saddler. The prisoner brought a saddle to our house, about a month ago; this is it: (taking one in his hand.)

Prisoner's Defence.

He says it is about a month ago; it is longer.

Guilty . T .

There were two other indictments against him for stealing of saddles.

300 (M.) John Walker was indicted for stealing half a guinea, and eight shillings in money, the property of James Park , privately from his person , May 30 . +

James Park. I am a labourer , and lodge by Turnstile, Holborn . I have known the prisoner about three weeks before the fact was done: he said he was a printer ; he lodged where I did, and lay about six nights with me before this happened. On the 30th of May, my money was in a leather purse, in my pocket, when I went to bed; there was eight shillings and half a guinea: I laid my breeches under my head, and when I awaked about four o'clock, I missed him out of bed, and found the door was locked. I went to see for my money, and it was gone: I made a noise, and somebody came and opened the door: I took the prisoner up in Middle-row, Holborn; and before Justice Fielding he confessed he took my money: he was searched, and but 12 d. 1/2 was found upon him. I asked him what he had done with it? he said he had given 5 s. 3 d. in gold, and 5 s. in silver, to another man.

Prisoner. Pray, Sir, how came you by that money?

Prosecutor. I have had more money than ever you had; I brought that money from my father when I left Ireland. I was just come to London.

Mr. Rock. The prosecutor and prisoner lodged together in my house. Between four and five in the morning, the prosecutor cried out Murder, murder; he was robbed. I got out of bed, and ran out of doors, into the street, thinking somebody wanted to get in; I found it to be in the house: I then went up stairs, and found it to be him; he was locked in: whether he had money to lose, or not, I cannot say.

Q. How long had he lodged in your house?

Rock. About a month: they paid a shilling a week each for their bed.

Prisoner's Defence.

I am a printer, and have been but three months in London. I have no friends here: I came from Edinburgh: my master broke there, and I came here to get work.

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

361. (M.) Elizabeth Smith , spinster , was indicted for stealing one silk cardinal, value 10 s. one linen apron, value 4 s. one linen handkerchief, value 6 d. and a pair of leather shoes, value 1 s. the property of Roger M'Donald , May 5 . *

Mary M'Donald. I am wife to Roger M'Donald: he belongs to the train of artillery, at Woolwich . I came to London, and being a stranger, I enquired for a lodging in Whitechapel: a man directed me to the prisoner's house: I went in, and asked her if she had lodgings to let? she said, yes. I took the lodgings, and was to pay a groat: I had the things mentioned in the indictment tied up together: I was going to my husband the next day; I left my bundle with her, and went to Aldermanbury; I went out about eleven o'clock, and returned about two or three; and when I enquired for the bundle, she said, the man that directed me to her house, came and aske d for it, and she delivered it to him. She knew the man was a stranger to me, for I thanked him for directing me there: I never got my bundle again.

Prisoner's Defence.

I came to London to meet my husband: I asked for lodgings at that house; the woman let me live there: she is now gone into the country, and left me in charge of the house: this woman came with two men, and asked for lodgings: I said, my mistress is not at home, but you shall have a clean bed and sheets; the men staid above an hour with her. When she went out, she said she would come back again, and left her bundle; but she never gave me charge of it. About half an hour after, one of the men came and asked for the bundle, and I delivered it to him: the woman and the other man staid all Saturday and Sunday, and then they took me up on the Monday.

Prosecutrix. That man is my brother: I thought the other man belonged to the house.

Acquitted .

362. (L.) Sarah Cowen , spinster , was indicted for stealing two linen table cloths, value 2 s. and one child's slip, value 2 s. the property of Joseph Paise ; one linen gown, value 2 s. and one stuff petticoat, value 2 s. the property of Anne Singleton , spinster , May 26 . *

Joseph Paise . I live in Shadwell . The prisoner came to my house, and called for a pennyworth of beer; after some time, she went away, and came again, and called for another: she staid some time, and told us she had a husband that worked somewhere about the gardens; the last I saw of her was between three and four o'clock: my wife sent for me, and told me there were some things missing. When I came, my maid had taken the things mentioned from the prisoner, and put them on the table before her: they told me, she had taken an opportunity to go backwards, and take that bundle. I asked her how she could be guilty of the fact? she said she was very sorry for it.

Anne Singleton . I am servant to Mr. Paise. I remember the prisoner being at our house: my mistress and I came into the house together; she at one door, and I at another; I saw the prisoner with these cloaths; she was sitting in a box in the tap-room, (this was about four o'clock) tucking the things up, under her petticoats, and one of my young mistresses hanging sleeves hung down below her cloaths: I took the things from near the ground, under the bottom of her petticoats, (mentioning the things by name); one of the gowns belongs to me, the other things are the property of my master; they were taken from a table in the little parlour; I had seen them there about half an hour before. I asked her how she came to do such a thing? she put her hands together, and cry'd very much, and said, indeed I have not got any thing. I said, for what reason did you take them? she said, she took them for want.

Prisoner's Defence.

I had a pennyworth of beer, the sun was very hot: these things lay there; there was a great beast came in out of the yard, and tumbled them down from the bench: they were in the tap-room when I came in.

Q. to Singleton. What beasts have you belonging to your house?

Singleton. We have none at all.

Q. Were the things fastned under her petticoats?

Singleton. No, they were not.

Guilty . T .

363. (L.) Hannah Dickinson , spinster , was indicted for stealing one gold ring, set with diamonds, value 30 s. the property of Jacob Potoo , February 2 . *

Mrs. Potoo. I am wife to the prosecutor; we live in Pye-corner, West-Smithfield : my husband is a cooper . The prisoner was a servant to me five months and upwards: I discharged her the 2d of February last; I had lost this ring two months before I discharged her: I used to leave it loose in my bedchamber, when I was undressed; I had no other woman-servant but she. I sent her up to make the bed, and bid her be careful that she did not throw it down, nor tread upon it; it had been pulled off in the evening, with another, and left there: she came down, and said she had made the bed, and found the other, but could not find the ring with the diamonds in it. After we had some disputes, and warning given having thought in my own mind, that she was not so honest as I could with, I chose at her going away, to examine her box; I saw her take something out of a small trunk, and her countenance changed. I said, what have you in your hand? she said, nothing. I clasped hold of her hand, and in it she had my ring, and a stock-buckle, wrapped up in a bit of cotton; (the ring produced in court, and deposed to): then she said she found it.

Prisoner's Defence.

Miss was out on a Sunday, and said she lost two rings: she desired me on the Monday, after my mistress got up, to go and look for them; miss found one upon the landing-place. On the Wednesday, I asked miss what ring she had left? she answered, a diamond ring. My mistress and I had a few words, and I gave her warning: miss being very ill, she got a gentleman to ask me to stay till she was better, I said I would; then my mistress came to me, and said, Hannah, will you go today? I said, yes I would. She desired to look over my things, and I said, you are very welcome. I let her see every thing: it was far from my knowledge to think this was my mistress's ring: she told me it was a diamond ring, and this is a red stone ring.

Mrs. Pottoo. I told her it had four small diamonds, and a red stone in the middle: I said, it was a ring she had seen my daughter wear; she had seen my daughter wear it several times.

For the Prisoner.

William Hulord . I have known the prisoner four or five months; during which time, I well know she is a very honest person, by all I know of her. Every body that knew her, knows she has an exceeding good character; she is a very saving person in all families where she lived: my wife is a landress, and has a considerable quantity of linen: I have her in my apartment alone, and never lost any thing.

Mr. Harwood. The prisoner lived with me two months and odd days, and behaved as a very honest, faithful servant. I have no reason to suspect her honesty. She was taken up in my service: I would take her again, was she discharged with a great deal of pleasure

Elizabeth Watts . I have known her two years; she has an exceeding good honest character; she has been trusted at different times in my house and shop; I never had any reason to suspect her: was she discharged here, I would take her again.

Mrs. Snow. I live on Ludgate-hill: the prisoner lived with me four months, about three years and a half ago. I had so good an opinion of her, that I would have had her live with me to this time: I offered her great wages, but she wanted to go where there were more servants

Mrs. Hall I have known her about twelve months, she has a very honest careful good character, that I have in general heard of her.

Q. to Prosecutrix. How came you not to take her up, at the time you found this ring?

Prosecutrix. My daughter then was exceeding ill, and so she is at this time, not in a condition to be brought here.

Acquitted .

She was detained, to take her trial for another offence, at Hicks's-hall.

364. (L.) William Ball was indicted for stealing 28 lb. weight of lead, value 3 s. 6 d. the property of Samuel Gilham , June 5 . *

Guilty . T .

365. (L.) James Smith was indicted, together with two others, not yet taken, for stealing one hempen sack, value 12 d. the property of Michael Emerson , June 3 . +

Acquitted .

366. (L.) Sarah Drummond , otherwise Mary Drummond , was indicted for stealing one silk gown, value 40 s. one long lawn gown, one cotton gown, ten linen shifts, three dimity petticoats, five laced mobbs, two handkerchiefs, five muslin aprons, one flowered gause apron, three laced handkerchiefs, and several plain ditto, one silk bonnet, three yards of silk ribbon, five pair of ruffles, four pair of cotton stockings, and other things, the property of William Parry , in the dwelling-house of Edward Hodges , May 25 . +

Edward Hodges . I live in Fleetstreet , and am a stationer. Mrs. Parry came as a visitor: the prisoner at the bar was a servant of mine: Mrs. Parry came the 23d of May, and the prisoner came the same day: she came from the intelligence office: my wife hired her, and ordered her to come the same evening: she came about 10 o'clock: she said she had lived at one Mr. Hummond's, at Low-Layton: my wife took the direction, and sent to know her character, but she went away before we had an answer; she went away between ten and eleven at night; she brought no cloaths with her, but what she brought on her back. After supper, we were going to bed, and enquired where she was, and found there was a candle left upon the cutting-bench, and the shop door was left upon the single lock. Mrs. Parry walked up stairs, and missed all the things mentioned in the indictment: I took an account from her what things she had lost, and went to Justice Fielding that night; it wanted a quarter of 12 o'clock when I got there: I sent a boy of mine where the prisoner said she lived, but could get no intelligence of her there: the next day she was taken up on another affair, on Ludgate-hill, between five and six o'clock, and was taken before a magistrate. I asked her how she came to take the things, and whether she had any body to assist her? she said, there was nobody to assist her: there were several things found upon her back, a cap and bonnet, a cloak, a laced cap and handkerchief, a shift, stockings, and other things: she owned she had taken these things from my house.

Batty Parry . The things mentioned in the indictment are all mine: they were taken away this day fortnight, from out of a room that I lie in, up two pair of stairs. I had not an opportunity to unpack them; she took this trunk and all; (produced in court); all my cloaths, aprons, ruffles, and them kind of things were in it, (she mentioned by name, the goods mentioned in the indictment) which I lost at that time.

Anne Pyke . I never saw the prisoner before this day fortnight. She was going down Holborn, and I coming home from my business: I met her between Shoe-lane and the New-market, between 10 and 11 o'clock at night; she had a trunk under her arm, and some things in her apron: she asked me if I could tell her of lodgings? I said, I could not. She said she came from Kensington, where she, had lived two years, and had never been in London before; I took compassion on her, and took her to my lodgings; she lay with me that night, but what she had, I know no more than the child unborn.

The prisoner said nothing in her defence.

Guilty, 39 s. T .

367. (M.) Frances, wife of Francis Pepper , was indicted for stealing one linen sheet, value 5 s. the property of Mary Jones , widow , May 6 . *

Acquitted .

368. (M.) Francis Pepper , her husband , was indicted for stealing one linen sheet, value 5 s. the property of Mary Jones , widow, May 10 . *

Acquitted .

369. (M.) Anne, wife of Duncan Macausey , was indicted for stealing a silver table spoon, value 5 s. the property of William Hunter , April 28 . *

Acquitted .

370 (L.) Sarah, wife of - Hyde, otherwise Sarah Hyde , widow , was indicted for stealing two pewter plates, value 15 d. the property of Maria Smith , widow , May 15 . ++

Guilty . T .

371. (L.) Edward Onion was indicted for stealing seven linen shirts, value 10 s. and one handkerchief. value 6 d. the property of James Mercy , privately from the person of Sarah, wife of Henry Flood , June 5 . +

Sarah Flood . I am a washer-woman . Last Tuesday, betwixt 10 and 11 at night, coming to Mr. Richard Mercy 's, who has a nephew, named James, with seven shirts in a handkerchief, over against Warwick-lane, a man came behind me, and snatched them from me, and ran away into Warwick-lane; upon which I immediately pursued, and called Stop thief; the watchman stopped him, and a little girl picked up the bundle, and brought it to me. (The girl was too young to be examined).

John Wilson . I am a watchman. I was at the corner of Warwick-lane when the woman called out, Stop thief; and upon hearing it repeated, and saying he has robbed me of my bundle, I stepped from my stand, and saw the prisoner with a bundle, under his left arm: I came up to him and had a scuffle with him; the handkerchief had two corners untied, and the things flew out of it. He got away, and the bundle was thrown away, but I did not see him throw it away. I pursued, and called Stop thief, being not above a yard and a half behind him; and by Stationer's-hall, he was taken by a brother watchman; and being asked how he came by the bundle, he said, he had no bundle at all.

William Spencer . I was constable of the night. The prisoner and bundle were brought to me; the woman saw the bundle, and swore to it.

Prisoner's Defence.

I know nothing at all of it. I did not take the bundle.

He called four people to his character, who gave him a good one.

Guilty of stealing, but not privately from her person . T .

372. (L.) William Death was indicted for stealing one woollen great coat, value 10 s. the property of Thomas Draper . He was also indicted for stealing a silver tea spoon, in a certain lodging-room, let by contract , to be used by him the said William, the property of the said Thomas Draper, April 18 . +

Thomas Draper . I am a carpenter , and live in Philip-lane, Aldermanbury. The prisoner took a two pair of stairs room of my wife, by the week, about the 4th or 5th of April; he lived in it about three weeks, and had no visible way of employment; he said he had a mother living, of whom he had a dependance for cloaths and money. He wanted to ride out one day, and it being showery sort of weather, my wife lent him my coat a first and second time; but the last time he took it without asking for it, although it was a fine afternoon; he returned without it. We lost a teaspoon, which was part of the furniture let with his lodgings.

Mrs. Draper. I lent the prisoner the great coat twice, and he brought it again; I was in my room, and saw him in the street with it on a third time; it was a very fine afternoon; he came home that night. I asked him where the coat was? he said he had left it at one Mr. Kilbourn's, at Rotherhithe church, and he should be there in two or three days, and would bring it home.

Q. Did you lend him the coat that third time?

Mrs. Draper. No, I did not; he never asked me. A little after this, I went to clean the room, where he lodged, and missed a silver tea-spoon; I asked him after it, but he did not then tell me; but afterwards he told me he had pawned the coat and spoon too: I found he deceived me about money being sent out of the country, so we took him up, and carried him before the Alderman, and he was committed; the Alderman knew him by the name of William Death ; he had taken the lodging in the name of William Barton .

Mary Coy . I am servant to Mr. Day, a pawnbroker; on the 6th of April the prisoner pawned a tea-spoon with me for a shilling, in the name of John Barton ; he said it was his own property. Produced and deposed to by Mrs. Draper.

- Davidson. I am servant to a pawnbroker, and live at London-wall; the prisoner pledged this coat with me on the 13th of April at night, (produced and deposed to by Mrs. Draper); he had pledged things with us before: the first time he came, he said he lived in Lothbury.

Q. What name did he pledge the coat in?

Davidson. In the name of William Inis ; he said it was his own.

Prisoner's Defence.

I was in the house three weeks after; I did not go away; I had no design to defraud them; I expected money out of Essex, from about nine miles on the other side of Colchester; I was brought up in the country, in the grocery and linen-drapery way.

Guilty 10 d. T .

See No. 369 in the last mayoralty, where he had persuaded one of his prosecutors that he was the son of the late Captain Death , commander of the Terrible privateer; but we can assure our readers, that Captain Death was not his father, but his uncle.

373. (M.) James Mannen , otherwise Manning , was indicted for stealing a brown mare, value 8 l. the property of Daniel Chase , May 8 . *

Daniel Chase . I live in Church-street, Hackney ; I am partner with Mr. James Mitchell ; I am a brewer . On the 9th of May our horsekeeper came to me about five in the morning, and told me my mare was lost. I went to the brewhouse, and found she was gone, and a bridle and saddle also. I had seen her in the stable about ten over night: this mare is my own property, which I had before I entered into partnership: there was a sorrel horse, the property of my partner and me, missing at the same time, from the same stable, which is in the dray-yard.

Q. What colour was your mare?

Chase. She was a brown saddle mare: we used our best endeavours to find them again; we had them advertised, and printed hand-bills. On the Friday morning I was informed by Mr. Blackwell, that my mare was at Walthamstow, and the man that took her in custody. I went, and found the horse and mare at Lea-bridge, standing at the foot of the bridge, and the prisoner in custody at a public house there. I was told the prisoner had sold the saddle to a barge-man; I asked the prisoner if it was true; he said, he had; I asked him, how he came by the horse and mare? he said, he found them in the marshes tied together, with the bridle and saddle on one of them. When we came before the Justices at the Angel and Crown, he said he found them in a close. I said, You first said you found them in the marshes; he said then, he found them in a close by the marshes. After that, he said he found them in a close near the Bell at Laytonstone, where he had left my mare: he never acknowledged taking them from the stable; he owned he went to the Bell at Laytonstone, and had three pints of beer; and having no money, he left the mare with Joseph Wright , which we found to be true.

James Mitchell . I was told the mare and gelding were lost out of the stable; I sent to the turnpikes, and could get no information of them; we advertised them, and had hand-bills delivered about.

Q. When did you see them last?

Mitchell. I saw them both in the stable about ten o'clock the evening before. Mr. Hillier's son came to me on Thursday evening, about eleven o'clock, and called me out of bed, and said his father had got the man that had the horse and mare. I went, and found the horse at the King's head at Walthamstow: there was the prisoner drinking in a room; I asked him, how he came by the horse and mare? He said, he found them tied together. I asked him, what was become of the mare? he said, she was at the Bell at Laytonstone. He equivocated about them: first he said he found them in the marsh; then, in a close; then, in a close by the side of the marsh: then he said, he found one at one place, and the other at another. I went over again on the Friday morning, and sent for the mare; she was brought to us where the horse was, and we brought them and the prisoner home.

Q. Was the stable locked up?

Mitchell. No, it was not, because we are fetching the horses out almost all hours of the night.

Sacheverel Hillier. I live at the ferry-house at Walthamstow; the prisoner came to my house, and had three pints of liquor on Thursday the 10th in the morning: I had been out, but found him there about 11 o'clock; he slept, I believe, five hours; he had the sorrel horse with him; I observed two sacks upon his horse; I asked him whose they were? he said, I knew better than he did; they were mine; I took them; he brought the saddle into the house, and offered it me for a shilling; I said I would have nothing to do with it; he said he would sell it; then John Phips bought it of him for four shillings; then he offered to sell the horse to Phips; I desired he would have nothing to do with him, for I suspected he stole him.

Q. Whose horse did he say he was?

Hillier. He said it was his horse; after that he said it was Mr. Trueman's servant's horse. After that, he wanted a pint of brandy-hot; I would not let him have any thing; then he wanted a pint of beer; I said, You shall have nothing; and bid him go out of the house. I watched him, and after he was got a pretty way, he was returning; I went and met him, and saw he had got a sack under his arm; then I searched him, to see he had no fire-arms, and took him before Mr. Barties, a Justice of the Peace, and had him examined about the horse: he gave a very lame account; I took him to the King's Head, and offered him a pot of beer. A young man there was looking in the news-paper, and saw the horse and mare advertised: the horse was described properly. I went and told the Justice of it; then the prisoner owned the horse was Mr. Mitchell's property, and said he had left the mare at Mr. Taylor's, at the Bell. I sent for Mr. Mitchell, and was present when the horse and mare were delivered to Messrs. Mitchell and Chase.

Prisoner. That man has one of the bridles; I do not know what business he has with it; he would have had the horse, if I would have let him; he would have had the whole tote; he is no better than he should be, for all he has got a curled wig on.

John Phips . I am a barge-man; I bought this saddle of the prisoner for 4 s. (Produced in court, and deposed to by Mr. Chase.)

Mitchell. I saw the saddle in the stable the day before the horse and mare were taken away.

Prisoner's Defence.

I did not steal them; I thought to take them home again, and should have done so, if they had not stopped me.

Q. to Mitchell. Did you know the prisoner before?

Mitchell. He did live servant with me about three years ago.

Guilty . Death .

Recommended by the jury and prosecutor.

374. John Bland , otherwise Brown , was indicted for stealing 3 linen shirts, value 6 s. and 6 pair of linen sleeves, value 1 s. the property of John Matthews ; a muslin handkerchief, and three linen caps , the property of John Traping , May 12 . +

There being nothing against the prisoner, but his own confession; and he being but about 11 or 12 years of age, he was Acquitted .

375, 376, 377. (L.) Demarias Boswell , Mary Fraster , and Robert Moon , were indicted for stealing a silver tankard, value 6 l. the property of James Merry , May 18 . ++

James Merry . I live at the Bull's Head in Fleet-street ; the three prisoners were in my kitchen on the 18th of May, about 6 in the evening; I did not go into the kitchen; I went and leaned on the bar, and talked to my wife, who was drinking tea with a gentlewoman. A little while after, I saw the three prisoners go out; Boswell had a red cardinal on, and her arms were at some distance from her body, as if she had got something under her cloak: in about three or four minutes after I missed a tankard; a waiter that had lived at my house, said the man's name was Robert Moon ; and an officer, upon enquiring, said he knew all the houses Moon frequented: we went to several houses, and at last found him at supper with his wife. He said one of the women's husbands was locked up for 30 s. I went and found her, and told her I had lost a tankard, and asked her to go along with me; she said she would with all her heart; she laid hold of my arm, and walked with me to Covent-Garden round-house. We went the next day before Sir John Fielding ; I told him the affair, and he committed her: there she was for about a week; then she was taken before Mr. Alderman Cockayne; she was admitted to bail. Boswell was in St. Catherine's round-house; Sir John granted a warrant to bring her before him. Moon said before Sir John, I'll neither sleep, eat, nor drink till I see Boswell. He went with the officer, and found her; she was brought before my Lord Mayor, and committed to the Compter. Moon never denied but that it was a silver tankard they drank out of at my house.

Q. Did you ever find it again?

Merry. No, I never did. I looked upon Moon to be the honestest of the three.

Cross Examination.

Q. How came you to indict him?

Merry. Because I was afraid of meeting with trouble from him. he being in company.

Q. Have you not said you believed him innocent?

Merry. I may have said so.

Q. Was there not one of your waiters absented himself upon this?

Merry. No; he is gone away, but not upon this: he got false keys to my wine-cellar, and is since run away; he was up stairs at the time they went away.

Ann Barber . I am servant to Mr. Merry; I remember these three prisoners coming into our house about six o'clock; they went into the kitchen, and drank a tankard of porter; after that they had a quartern of aniseed; a little boy drew their beer; I drank out of the tankard along with them; they staid about half an hour: I was in the kitchen when they went away: they paid my mistress for their porter before they drank it, and they paid me 3 d. for the aniseed.

Q. Did you see the tankard when they called for the aniseed?

A. Barber. The tankard was not upon the table when they called for the aniseed; I did not see it; it was there when I went out for the aniseed, but I did not see it when they went out.

Q. Who was in the kitchen when you went for the aniseed, besides the prisoners?

A. Barber. There was my fellow-servant, and one that had been a waiter at our house.

Cross Examination.

Q. How long was you gone for the aniseed?

A. Barber. I was not gone two minutes, I believe.

Q. How long had they been gone out before you missed the tankard?

A. Barber. They had not been gone above four minutes.

Matthew Polter . I was in the kitchen at the Bull's-head tavern in Fleet-street, when the three prisoners came in, and called for a tankard of beer. It was brought them; I sat down to my supper, drinking a pint of beer; they drank to one another; the women stood with their backs toward me, and the man talking and playing with them: they asked this girl to drink; she did; they seemed to be all very merry. By and by they called for a quartern of aniseed; it came in; they drank a glass.

Q. How long might they be there in the whole?

Polter. About a quarter of an hour.

Q. Was you a servant then in the house.

Polter. No, I was not; I was dismissed from the house, but I was there; I lived there a good many years; I had been over to the barber's: when these people were gone, there was a hue-and-cry after them, the tankard was lost; I saw the tankard; it was a silver one.

Cross Examination.

Q. How came you there, as you was dismissed the service?

Polter. Master gave me leave to lodge there.

Q. How came you to be turned away?

Polter. I had been out a girling, and lay out on nights, and got fuddled.

Q. Did any body come into the kitchen the time they were there?

Polter. There did come in one Matthew Reeves ; he is an officer in the Marshal's court; he just stepped in, but did not stay a minute; he did not come a yard into the kitchen.

Q. Where was Will, the waiter, when they were in the kitchen?

Polter. He was not in the kitchen when they were there.

Boswell's Defence.

I went with these people there, and after that I went home to bed; they came for me, and said the other two were detained, and I must go up to Mr. Fielding's. Mr. Merry said, he wished he had not troubled himself with it, and said, he believed the women were not guilty.

All three Acquitted .

378. (L.) John Adams was indicted for personating and taking upon himself the name of John Groundwater , a mariner , on board his Majesty's ship the Chesterfield, in order to receive wages due to him on board that ship , May 31 . ++

Robert Ratcliff . I am a pay-clerk belonging to the Navy-office; I have the pay-book here belonging to the ship Chesterfield.

Q. Does it appear by that book that there were wages due to John Groundwater ?

Ratcliff. I have it here; there appears to be 12 l. 10 s. 3 d. due to him. The prisoner applied to me, on the 31st of May, for the wages, in the name of John Groundwater .

Q. Where is John Groundwater ?

Ratcliff. He is dead, but he did not die on board that ship; so there is nothing in the book to shew that he was dead. He produced a certificate from under the captain's hand, and declared his name to be John Groundwater , of his Majesty's ship Chesterfield, and claimed the wages as such. We had reason to suspect that a person would appear at the pay-office, to claim the wages of John Groundwater , by attempting to personate him.

Q. Upon what did you ground your suspicion?

Ratcliff. We had information from a ship-mate of a person having such an intention.

Q. What questions did you ask him?

Ratcliff. We asked him if he really was John Groundwater ? he repeatedly declared he was. He said he had served twelve months on board the Chesterfield: we had reason to believe he was not the person, and we had reason to believe he was John Adams . He said he had a brother alive at this time, named James Groundwater , and that he came from the Orkneys; I think he said he was born there. We told him the name of the person who had lodged this information with us; he still said his name was John Groundwater , and that the person who had lodged this information bore a spight against him. We kept him in the office, while an officer was sent for from my Lord Mayor, who came and took him before my Lord Mayor. I went with him. Before my Lord he still persisted that he was the identical John Groundwater : upon that he was committed. The prisoner had served on board by the name of John Adams : the book mentions wages being paid to John Adams ; but I cannot swear that this is the man.

John Rutherford . I did belong to the Chesterfield; I know the prisoner at the bar; he served on board the same ship.

Q. What is his name?

Rutherford. His name is John Adams .

Q. Did you know one John Groundwater ?

Rutherford. I did; he did belong to the Chesterfield at the same time the prisoner Adams did.

Q. What name was the prisoner mustered by?

Rutherford. By the name of John Adams .

Q. Did you never hear the prisoner say he had received his wages for service on board the Chesterfield?

Rutherford. No, I never did; I received my wages.

Council. This is not the person that gave the information.

Prisoner's Defence.

I can neither write nor read; I hope for mercy from the court: I was led into the thing; I was quite innocent of it: John Groundwater 's brother put me upon doing of it (he lives in the Orkneys in Scotland), because his brother was dead, and he heard he had made a will and power to a man in Portsmouth; and he got me to go and receive the money for him: I was quite ignorant, and did not know any better; I have no witnesses nor friend here.

Guilty . Death . Recommended.

379 (L) Jane Faulkner , widow , otherwise Jane, wife of Robert Hanks , was indicted for stealing one tin box, value 2 d. 5 guineas and a half, and a pair of silver buttons with Mocha stones, value 12 d. the property of Humphry Kelso , from Mary his wife, privately and secretly from her person . May 16 . ++

Mary Kelso . My husband's name is Humphry Kelso; we keep a public house under the piazzas at Billingsgate . On the 10th of May the prisoner came to my house, and a beggar-woman along with her; she called for a pint of beer for the woman, and had a groat's worth of salmon to herself, and gave what she did not eat to the woman. She came to me, and asked me to give her change for a 5 s. 3 d. I kept my gold in a tin box; I had at that time 12 guineas in it: after I had put the 5 s. 3 d. in among the rest, I put it in my pocket: this is all that passed that day. She came again on the 16th; then she had a corded striped sack and petticoat, a flounced hat, and black satten cardinal on; she had two pints of beer; I was at dinner; she paid for the two pints of beer; there was nobody in the tap-room but she, and the maid, and I: she went out, and stood on the threshold of the door about a minute: there came a man in, and she followed him; he had a glass of shrub, and gave me a guinea to change; I changed it, and put the guinea in my tin box, and put my box in my pocket. Then she said, Pray, Madam, let me have a little of your good brandy. I said, How much? said she, A quartern; come and bring the bottle and glass, I want to speak to you. She was sitting at the corner of the table, in a corner; she pulled me to her, and got so close to me, close to the side where my pocket hung: she said, she wanted to have a little of my advice; I said, I did not know how to give advice: she got so close, I could not move my hand. I poured her out a glass of brandy; she took it; then she began to talk to me: she told me, one Captain Young, belonging to the Marquis of Granby, that was quartered in the north of Scotland, had decoyed a niece of her's, under pretence of marrying her, and had got her with child, and had now married a milliner in Cornhill. She wanted to know if she could sue the captain for half the fortune; she said, she had sent an attorney's letter to him. I told her, as her kinswoman had been so weak as to let him get her with child, I thought she could not avail herself in the affair. She went out, and left me sitting there; she turned round a little table, and went out. I put my hand in my pocket, to put a sixpence in, and missed my box. I asked my girl which way she went, and said she had picked my pocket of my tin box; I was informed, that she turned round upon the quay, and went like lightening.

Q. What time of the day was this?

M. Kelso. This was a quarter after f our in the afternoon: she had said to me, the time she was at my house before, that she lived in East-Smithfield. I went in pursuit of her; I enquired about; I was told there was such a woman went along in a black bombazeen sack and petticoat: I offered a guinea reward for taking her: my son-in-law took her in Tooley-street, and brought her into an ale-house there, the sign of the Two Brewers. I was sent for; I asked her, how she could be such a Judas to serve me so? I was there told, she was going into a pawnbroker's with a sack and petticoat, and a white fustian riding-habit, to pawn: I said, These things you bought with my money; She said, I did; and when you come to the Old Bailey, I'll make a fool of you; for I have law at my fingers ends. I said, I could swear to your cloaths you had on when you robbed me, which were a narrow striped sack and petticoat: I have the sack and petticoat here to be produced.

Q. What day was this that she was taken?

M. Kelso. She robbed me on the Thursday, and she was not taken till Saturday.

Q. What money did you lose?

M. Kelso. I lost five guineas and a half, and a pair of Mocha buttons, all in the tin box.

Q. Did you ever get your box or buttons again?

M. Kelso. No, I never did.

Cross Examination.

Q. Has not this woman been several times at your house?

M. Kelso. She has.

Q. Who was at your house at this last time, besides the prisoner?

M. Kelso. There was nobody but she, my maid, and myself; my maid was washing the pots; after she was going out of the house, a man came up to the bar, and had half a quartern of rum-shrub, and she followed him.

Q. What day was she taken up on?

M. Kelso. On the 19th day.

Q. Did she not go publicly by your door after this?

M. Kelso. No, she did not.

Q. What magistrate did you go before?

M. Kelso. Before my Lord Mayor.

Q. Did you not say to her, when at the Mansion-house, You b - h, if it costs me all I am worth, I'll have you hanged, or I'll hang you myself?

M. Kelso. No, I never said such a word in my life.

Jane Brooks . When the prisoner was taken up in Tooley-street, and was carried into the alehouse, Mrs. Kelso, who is my mother, came; the things were lying on her knee: my mother said, You bought these with my money: the prisoner said, I did. She was in a black bombazeen sack and petticoat; I saw her go by our door; I live in Tooley-street; I said I had seen her at my mother's, and believed that was the woman that had robbed her. My husband watched her into a pawnbroker's shop; she was just going to untie the riding-dress, and he took her to an alehouse, and charged a constable with her, and went for my mother.

Mary Hicks . I live servant with Mrs. Kelso; the prisoner came in, and called for a pint of beer, and paid for it; she sat a little while over it, then called for another; I believe she might stay an hour, or an hour and a half; she arose up to go from the table, and went and stood upon the sill of the door: a gentleman came in, and called for half a gill of rum-shrub; he asked my mistress to change a guinea; my mistress served him, and gave him change, and took her tin box out of her pocket, and put the guinea into it, and put it into her pocket again. The gentleman never spoke to her, nor she to him; she came then to the bar, and said she could drink a little of my mistress's good brandy, and desired my mistress to bring the bottle and glass; she said she had something to say to her; she begged her to sit down. As she was pulling my mistress to her, I saw her hand down at my mistress's pocket: when she came out, she came round the table, not by my mistress: I saw her left hand down by the right side of my mistress's pocket, and she went and flew out at the door, and ran along the Quay like lightening. After that, my mistress went to put a sixpence in her pocket, and cried, O Lord, Mary, that woman has robbed me of my box, and gold in it: I went round the Quay, but could not see her.

Q. How was she drest?

M. Hicks. She was drest in a corded sack and petticoat, white and black, with a patch on the belly of it.

Mary Holford . The prisoner came to my shop on the 16th of May, about half an hour after four o'clock, or a quarter more, in the afternoon; she asked me if I had parted with a riding-habit that she had sold me about six months ago? I said no, I had not.

Q. Where do you live?

M. Holford. I live at the Cross-keys on Little Tower-hill; she desired to have it again.

Q. How was she drest?

M. Holford. She was drest in a corded sack and coat; here they are; I bought them of her, (Produced in court).

M. Kelso. This sack and petticoat the prisoner had on when she picked my pocket.

Q. What time did the prisoner go out of your house?

M. Kelso. She went out about a quarter after four from my house, in these very things.

M. Holford. She bought the riding-habit of me again, and gave me a guinea and a half for it; then she asked me if I had parted with her bombazeen sack and coat? I said, No. She bought that again; she gave me 28 s. for it. She then bought a riding-shirt for 7 s.

Q. What money did she pay you in?

Holford. She paid me in guineas.

Q. Did you see what she took them from, whether a purse, or what?

Holford. She pulled them loose out of her pocket; I saw neither purse nor box: in the evening the prosecutrix came running to our house, and asked me if I saw such a person? I said, Yes; and I sold her such things, which I had bought of her before.

Q. How had she used to appear?

Holford. She always appeared like a gentlewoman.

Q. Do you know what way of life she was in?

Holford. No, I do not; she put the bombazeen sack and coat on in my house; and I gave her 2 s. for her old ones, the same as are here produced, which Mrs. Kelso says she had on at her house.

Prisoner's Defence.

I know nothing at all of the matter of picking her pocket of her money: I went into her house, and eat a lobster there: there was a master of a brig there; he sat on one side the table, and I on the other; and in the mean time I was there, a sailor came in, and drank a pint of beer at the end of the table; the master of the brig's name is George, by that woman calling him Mr. George. I paid for what I had, and went out; I was seized in Tooley-street, going into a pawnbroker's shop; two men came, and said, This is the lady: I asked what they wanted with me? they said, they would let me know by and by. They carried me into a house, till they sent for this woman; when she came, she said, You b - h, I'll have your life, if the judge does not have it: there were two men kept her from beating me at that time; I have a witness in court, that she told she would have my life, and I have witnesses that will prove they never saw me destitute of money or cloaths.

For the Prisoner.

Verner Cappin. I know the prisoner at the bar; I am a habit-maker.

Q. How long have you known her?

Cappin. About eight or nine months; I made her a habit.

Q. What is her general character?

Cappin. I never heard but a very good character of her.

Q. Do you give her a character upon any other foundation than that of buying a habit of you?

Cappin. Upon no other than that.

John Macane . I live in Rotherhithe, by Rotherhithe-wall; some time last summer the prisoner lodged at my house two or three months, at two or three different times; she paid me very honestly; I never saw any thing but honestly and good behaviour by her.

Q. What way of life was she in?

Macane. She was a married woman; her husband was at my house along with her.

Q. What is his name?

Macane. His name is Robert Hanks ; her maiden name was Jane Faulkner ; he was mate of a ship.

Susannah Smith . I have known her nine or ten months; I first knew her at Mr. Macane's, at Rotherhithe; she lived there some time; I never heard any thing of her but sobriety, honesty, and a good behaviour; that was the opinion of the neighbours of her, as far as I can tell.

Q. Do you know her husband?

S. Smith. I do.

Thomas Williamson . I am a sea-faring man; I have known the prisoner about 12 months; the first of my knowing her was coming to my apartment in Wapping; her husband was come home from a voyage; they went away again; I know nothing but civility and honesty by her; I was acquainted with her no farther than that they only came and went to and from my apartment: her husband is mate of a vessel, very sufficient to maintain her; I do not know what is become of him; I have not seen him these three months; he is mate of a Riga ship.

Ann Mackintosh . I have known her 14 years.

Q. What is her general character?

A. Mackintosh. It is a very good one, so far as ever I heard; she was away from Edinburgh four or five years; seeing her in London, she has behaved in a very decent manner.

Q. Do you know her husband?

A. Mackintosh. I do, vastly well; they were married in Wapping-chapel; I never heard any thing amiss of her character in my life.

Q. Have you known her ever since she has been in London?

A. Mackintosh. I have; she came to our house the Thursday before she was taken up: I never knew her in distress.

Guilty . Death .

See No. 11. in Mr. Alderman Beckford's mayoralty. where she and her husband prosecuted Sarah, wife of George Miers , for stealing silver spoons; when it appearing to the court a groundless malicious prosecution, a copy of the indictment was granted to Sarah Meers .

380. (L.) William Groves was indicted for stealing 16 metal shoe-buckles, value 4 s. 16 clasp-knives, 4 stock-buckles, 8 metal seals, and one iron padlock and key , the property of Mary Hellings , widow , May 7 . ++

Mary Hellings . I keep a stall under the Globe-alehouse, that faces Shoe-lane , and sell hard-ware, buckles and buttons . I went home on Saturday night, the 5th of May, between 11 and 12 o'clock; I fastened the door of my stall with a stock-lock within, and a padlock without: the watch came and told me they had taken a man that had broke my stall, and carried him to the watch-house: when I came there, the things mentioned were lying on the table; I can only say they were my property.

John Tasker . I am a watchman; I was calling the hour 3 on the 7th of May up Holborn-hill; I saw the door of this woman's stall was open, and I perceived it to be pulling to; I looked in, and there was the prisoner; I asked him what he did there, and took him by the collar, and led him to the watch-house; I asked him what he had got he put his hand into his pocket, and pulled out four keys: his waistcoat stood up; I asked what he had there? he said, Nothing; then I pulled out the buckles, 8 pair, 16 knives, 4 stock-buckles, 5 pair of scissars, and 8 metal seals, (Produced in court, and deposed to by the prosecutrix).

Prisoner's Defence.

I was coming from Paddington; I met a man; he said, how far was I going? I said, I was coming to London: he said, coming down Holborn, Will you have any beer? he took me in at the French-horn; we had some beer and bread and cheese; then we went to another house, and had some bacon and eggs for supper. I was going to sleep; he said, You shall not sleep here. I said, Where shall I sleep? then he said, I know a place. He took and shoved me into this place, and said, Go and sleep there: he gave me some keys, and said, When you wake, lock the door again: he said, the things all belonged to him.

Guilty . T .

He called James Burch and Thomas Savage of Long-Lane, who gave him a good character.

381. (M.) John Lyon was indicted for marrying Jane Lemon , Jan. 19, 1758; and after that, on the 28th of Jan. last , he married and took to wife Anne Roberts , widow , his former wife being then living . *

Wm. Clime. Mrs. Roberts is sister-in-law to me; she lives at Whitechapel-bars, and keeps a public house ; she is a woman of substance; I went to Portsmouth, in order to examine the register of the prisoner's marriage to Jane Lemon : this is a true copy of it.

Q Did you examine it?

Clime. I did; I examined the register with this, and compared them; it is right: I examined the book with the paper, and then the paper with the book. I examined the register also at Whitechapel church; here is a copy of the register there, in the same manner. The prisoner at the bar came to me, and said he came from Mrs. Roberts; he said, she said she would not marry without she had my consent to marry him. I told him I had nothing to do with it; I told him there were four small children; I was present at the marriage, and saw him married to her at Whitechapel church; they lived together about three weeks afterwards. The marriage bans between John Lyon and Jane Lemon were on the 1st, the 8th, and the 15th of January, 1758.

The copy of the register read to this purport:

" John Lyon and Jane Lemon , both of this parish, were married in this church by banns, this 19th of January, in the year of our Lord 1758, by me, T. Wood."

The other copy read to this purport:

" John Lyon , of this parish, butcher, and Anne Roberts , of the same, widow, were married in this church by licence, this 28th day of January, 1764, by me, T. G. Bennet."

William Case . I was at Portsmouth in the year 1758; I remember the prisoner and Jane Lemon were married there about six years ago; I was in the church, and heard the ceremony performed; I was at the wedding dinner; the prisoner was a ship-mate of mine.

Q. Was it a marriage in the church?

Case. Yes.

Thomas Smith . I was on board the Royal William with the prisoner; it is about 7 years ago.

Q. Did you see the prisoner married to Jane Lemon ?

Smith No; but I saw them in bed together; I do not know whether they were married or not.

John Gray . I was in Whitechapel church, and saw John Lyon and Mrs. Anne Roberts married.

Anne Roberts . The prisoner made his addresses to me about Christmas, and we were married on the 28th of January last, in Whitechapel church.

Prisoner's Defence.

I married only Anne Roberts.

Guilty . B . Im .

382. (M.) Henry Hareman , otherwise Wilson , was indicted for that he, on James Openshaw , on the King's highway, did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person one hat, value 12 s. one perriwig, value 20 s. one cheque handkerchief, value 4 d. and 6 d. in money , the property of the said James, June 6 . *

James Openshaw . Last Saturday I went to the Alphabet in Stanhope-street, Clare-market; and going home, at the bottom of the stable-yard by Lincoln's-Inn-fields , there stood up a soldier and another man; they had sticks in their hands; he laid hold of my arm.

Q. Was you sober?

Openshaw. I had been drinking, but was not drunk; the other man stepped back, and gave a bit of a beckon, and said they wanted to speak with me; they both laughed: they got me about six yards up the stable-yard; the soldier had hold of my arm all the way; then he knocked me down with his stick, and after that gave me a punch in my mouth with his fist, when I was upon my back on the ground, and said, if I did not lie still till such time he had searched my pockets, he would murder me. I desired he would not use me ill, and said I had no money of any signification about me: said the other man, See for his watch: that man was dressed in a blue coat. Then the soldier, (which was the prisoner) demanded my watch; I said I had none; he took a cheque handkerchief from my coat pocket, and about six-pennyworth of halfpence. When they could find no more money, he said, D - n you, I'll take your hat and wig. He took the hat from my head, and threw it to the other man, and said, Take that, and I'll take his wig; then they made out of the stable-yard as fast as possible: I got up, and ran, and cried Stop thief. They both of them did the same, as they ran up the street before me: the watchman saw them coming; he struck the prisoner, and put a stop to his running, and I came up. and laid hold of him; he dropped the wig, and the other man threw away the hat, and got away.

Q. What time was this?

Openshaw. This was a little past two o'clock in the morning; they were not out of my sight before I took the prisoner.

Q. Where did you take him?

Openshaw. In Great Queen-street.

Q. Are you sure the prisoner is one of the men that robbed you?

Openshaw. I am very sure he is; the wig was found just by where he was stopped: I had him by the collar when that was found: we took him to St. Gile's round-house.

Q. Did you ever get your handkerchief again?

Openshaw. No, nor half-pence neither.

Thomas Neal . I am a watchman in Queen-street. I saw the prisoner and another man running, on Wednesday morning, between two and three o'clock: the prisoner called Stop thief; as soon as he saw me, he crossed the way; the prosecutor was following him without hat or wig, calling Stop thief: I saw the prisoner throw the wig away, as I came up to him; I struck at him, but he stooped his head, and I hit him cross the back: the prosecutor and I seized him; he kicked us most terribly, and endeavoured to get away; the other got away: the prosecutor said he had lost some halfpence and his hat and wig, and that they swore they would murder me if I made any resistance. The prisoner said he took nothing from him, but he owned he did afterwards. He was taken to the round-house; I saw the wig taken up, and the hat also, about five or six yards from it; the prosecutor has got them both again. The next day, when the prisoner was in the coach, going to Newgate, I was with him, and he said this was not the first time, by two or three, and he would get off from this as well as the rest.

William Standrup . I am a constable. Hearing a noise in Queen-street, I went up, and they had hold of the prisoner's collar; I took this stick (producing a long strong stick) out of the prisoner's hand; he was very loath to give it me; we took him to the round-house, and I heard him say he had been tried before at Guildhall, for picking of pockets: he said, he would give them trouble.

Prisoner's Defence.

I heard them say, they should get the reward, if I was hanged. I was coming home that night from Holborn, from the sign of the Green Man, betwixt twelve and one; I came down the Fleet-market, and then to Temple-bar; I met a young fellow in a grey coat; he said, soldier, where are you going? I said; home. Said he, I am locked out, if you will go with me to some night-house, I will give you a pint of beer: I said, I had no money about me. Going along, I saw a man lying down, in liquor; I took no particular notice of him; I walked on, and this young fellow had hold of my arm: in about five minutes, I heard the cry of Stop thief; I saw a man running by me in soldiers cloaths, and I called Stop thief: I kept walking on, and they catched hold of me. I asked the watchman what he wanted with me? he said, you rascal, you are the thief; there they took me to St. Anne's round-house, where I saw the gentleman; he was very much in liquor; he said, I think you are the man: the man at the round-house said, I don't know what to make of it: he was very much in liquor when he first came in.

Guilty . Death .

383. (M.) Mary Elger , widow , was indicted for stealing a pair of gold bobs, for ears, value 4 s. one necklace, with two rows of gold beads, one gold ring, one worsted purse, one guinea, and one quarter guinea, and five shillings in money, numbered, the property of William Radford , from the person of Mary, his wife, privately , April 23 . +

Mary Radford . I am wife to William Radford , and live in King-street, St. George's, Middlesex. On the 23d of April, between two and three in the afternoon, I was in Stepney church-yard ; there were many people; as I was going by the posts, I was obliged to stop, the crowd was so great; and when I got by the posts, I put my hand in my pocket, and missed my purse, in which were the things mentioned in the indictment; the guinea was a Queen Anne's guinea, a 5 s. 3 d. piece, four shillings, and three silver groats. I never heard of my things, till Sir John Fielding advertised them the Wednesday after. I went to Sir John's, on the Thursday, and he bid me come on the Saturday, at 12 o'clock. When I came there, I told him what I have said here: I saw none of my things, but the ring, which the evidence has now here. (Produced and deposed to.) I remember seeing the evidence in Stepney church-yard at the time, and remember I was very angry with her for shoving me.

Anne Brinklow . On Easter Monday, the prisoner and I went from her lodgings together. I have known her about two or three years, and became acquainted with her before Mr. Brinklow, my husband, and Mr. Elger, her husband, were transported: we used to meet at houses together. (See No. 289, in last mayoralty, Brinklow's trial; and No. 176. in Sir Samuel Fludyer 's mayoralty, Elgar's trial.) I had lived with her about a fortnight, in Eyre-street-hill: we went from her lodgings on Easter-Monday, about 10 or 11 o'clock in the forenoon; we were to meet at William Holiday 's, at the Wine-vault, facing St. Ann's church; we went there, and had some rum, and went away for the city; he went with us to the Mansion-house; we met John Martin , at the fruiterer's, opposite the Mansion-house; after that, the prisoner, I, and Mr. Martin, went as far as Leaden-hall-street, where we left him, and went and took coach in Whitechapel, and drove to Stepney-church, between one and two.

Q. What was your intent in going there?

A. Brinklow. We went there with intent to pick pockets. Sermon was almost over when we got in: we went into the church, and in going in, the prisoner picked a gentlewoman's pocket of 2 s. and a piece of mother-o'-pearl: when we came out, the prisoner signified to me, to get before this gentlewoman; in getting by her, I brushed her, and she said she would give me a slap on the face. Somebody trod the heel of my shoe down, and I stooped to pluck it up before her. When I had put my shoe heel up, I looked round for the prisoner, and she made a motion for me to follow her. I did, and we went into the first public-house we came to, and to the necessary; the prisoner sat down, and turned out a gold necklace, two rings, a guinea, a 5 s. 3 d. about 4 s. in silver, a pair of gold bobs, two sleeve buttons, and three groats: she gave me one of the rings with stones in it; I had the 5 s. 3 d. piece, and 4 s. and the 2 s. which she took out of another gentlewoman's pocket: then we made the best of our way for London, to her lodgings.

Q. Do you know the gentlewoman which you stooped before?

A. Brinklow. It was the prosecutrix. I was taken up for carrying a watch to pawn from New-prison, and then I was admitted an evidence.

Prisoner's Defence.

I was not out that day, much more I was not at Stepney: I had been but a fortnight out of the Gate-house, along with Watson and Francis Parsons . I never was at Stepney in my life.

Acquitted .

384. (M.) She was a second time indicted, with William Holliday , together with John Martin , not taken, for stealing a metal watch, with a tortoise-shell case, value 40 s. a steel chain, seal and key , the property of Abraham Ogier , April 24 . ++

Abraham Ogier . On Tuesday, the 24th of April, going from Cornhill to the bottom of Bartholomew-lane , about one o'clock at noon, at the time the blue-coat boys were coming out of the 'Change. I was coming in on the right hand side of the gate, and there were four or five people seemed to make a crowd; I went by, and said, there was room enough to go by, they need not crowd: Mary Elger stood straight before me, and hindered me from going in. As I tried to go on one side, she was before me, and stopped me; when I tried on the other side, she was still before me: there was a man on my right side that hindered me, which I believe to be the prisoner, Holliday. I said to the woman, what need you crowd so, here is room enough; she said, it is true, there is; this whole was but about half a minute. I was going to put the chain of my watch in the inside, and missed it. I never saw my watch again.

Q. What fort of a watch was it?

Ogier. It was a metal watch, with two seals; the outside case tortoise-shell, and a steel chain. I am certain I had it about half an hour before: I had looked at it when it was about half an hour after eleven: I recollected the woman's face very well, and I think I recollect her voice: it appeared as if she had some design in stopping me. As soon as I felt for my watch, the place was so clear that any body might pass without the least crowd.

Cross Examination.

Q. How near was she to you?

Ogier. She was close to me, before me.

Q. Which way was her face?

Ogier. It was towards me: she was near enough to me to have taken the watch.

Anne Brinklow . Mrs. Elger, Holliday, I, and John Martin , were all together, at the Royal Exchange : the boys were coming out to attend my Lord Mayor, on the Tuesday in Easter-week; Holliday was on one side the gentleman, Martin on the other, and Elger right before him, with her face towards him, and I close after her: he was coming into the 'Change.

Q. What were you doing there?

A. Brinklow. We were picking pockets, and please you, my Lord. Mrs. Elger went up to him, and took his watch out of his pocket, but which way she got it out, I cannot tell; they hindered him from coming either on one side or the other. As soon as she had got it, she delivered it into my hand; it was a figured tortoise-shell spotted case; I never examined it, to look full at it, but I directly gave it to Holliday, under the Piazza's. I don't know what he did with it; we all left the place directly; and made the best of our way to St. Bride's church; Holliday went from us, and said he had put the watch safe: I never saw it after. Then we all went to an eating-house, in Flower-de-luce court, in Fleet-street, and dined: after that, we met at the two Blue Posts, facing Brook-street, Holborn, a place where we generally met at: there we divided a guinea and a crown piece, which we had out of a gentlewoman's pocket. Holliday left us after we came out of the two Blue Posts, intending to fetch this watch, from where he left it in the city; Martin was to have it; we met at Sadler's Wells: Holliday came to us there: we got a watch at the Wells, which Martin had. I heard there was Sir John Fielding 's warrant granted to take me up, and I enquired of Elger if she knew whether Martin had sold the watches, or not? she said, he had not; but when he had, I should have my share of the money: I never got a farthing of it. I was taken up for pawning a watch for Lewen. Your lordship remembers I was here to give evidence, and have been in custody ever since.

Elger's Defence.

I was not there, is all I have to say.

Holliday's Defence.

I have had no connection with the woman in all my days.

For the Prisoner.

Susannah Clark . I know Mrs. Brinklow. On the Sunday before Easter, she went to Newgate, to see a Jew there, whom she lived with: she was gone two or three days from me: she had been at our house all last winter, in Palace-yard, Whitecross-street: my husband is a tea-chest maker. She was a person of such a bad character, that nobody would take her in: my husband went with her to pawn a watch; he once fetched her ring out of pawn; and I heard her say, she would swear forty lives away, before she would go herself. She is a very wicked person: I used to talk to her to go to service; but she said, she would whore, thieve, or do any thing, rather than go to service; and if that would not do, her husband, that lives in good Cow-cross, must maintain her; he lives in good credit: she never was married to Jack Brinklow ; she has lived with several unhappy men.

Anne Pickard . I live in Hart-street, and keep the house where Elger lived. I have known her about half a year; she bears a very good character.

Q. Do you know Anne Brinklow ?

A. Pickard. I do not. I never saw her, to my knowledge, in my life.

Q. Was she not at your house on Easter Tuesday?

A. Pickard. She was, and lay with my children.

Robert Bell . I have known Holliday 5 years; he is something in the coach business, and lives near me, but does not work near me; he always had an extreme good character. I never knew to the contrary but that he was an industrious man.

Q. What are you?

Bell. I am a cork-cutter.

James Anderson . I am a salesman, in Germyn-street. I have known Holliday 9 years; he has a very good character, for what I know, or ever heard, and have all the reason in the world to believe he deserves it.

William Dearing . I have known Holliday five years, or better. I am a coach-joyner, and live in Great Rupert-street; he has worked for me two or three years.

Q. How long is it since he worked with you last?

Dearing. About a year and half ago: he behaved extremely well, very civil, and very honest, and is as good a workman as any in London.

Thomas Laycock . I am a master coach joyner. I have known Holliday between 10 and 11 years; he worked in the same shop with me, during my whole apprenticeship; he is a very civil sober man, and an exceeding good workman. I now believe him to be a very honest man, and was he at liberty, I should be very glad to employ him.

Robert Drumond . I am a baker, and live within two doors of Mr. Holliday's mother; I have known him seven years and upwards, and have been intimately acquainted with him; he was always reckoned a very just and good man, quite sober and industrious, and a good workman.

William Sherrard . I am a shoemaker, and live in Hammond-street; I have known Holliday 13 years; he has a good character in the neighbourhood, and every body is sorry for his misfortune.

Both Guilty . T .

There were two other indictments against them.

385. (L.) Thomas Bendall was indicted for stealing a silk handkerchief, value 10 d. the property of Thomas Kirby , June 3 . +

Thomas Kirby . Last Saturday, in the evening, I was walking along Fleet-street, near St. Dunstan's church , I perceived something at my pocket; I put my hand to my pocket, and missed my handkerchief: I turned round, and saw the prisoner at the bar seemingly drawing it from me, shuffling something behind him: I accused him immediately with picking my pocket, and he did not deny it; but another person (his companion, I believe) came to me, and swore a great deal, d - d my blood, and said, What did I mean? I said, that man has picked my pocket, and I was determined to search him. I being alone, was something fearful: I searched the prisoner, and from behind him, under his coat, I brushed my handkerchief down; (produced and deposed to). I immediately seized him by the collar; he struggled with me, and tore his coat, and got away; I followed him into Crane-court, another man followed me; the prisoner slipped by me in the court (I saw him all the time); the other man laid hold of him: I believe they had some more desperate design upon my person.

Prisoner's Defence.

I was going on an errand into Fleet-street. I went past that gentleman; he turned about, and laid hold of me, and said, you have got my handkerchief: he went to feel about me, and his handkerchief lay on the ground.

For the Prisoner.

John Saunders . I have known the prisoner three years; he is a paviour, and used to work with the company I belonged to: he always behaved very honestly and soberly, the time he was with us.

Guilty . T .

386. (L.) Elizabeth Ginsell was indicted for stealing a muslin handkerchief, value 18 d. a Ghentin handkerchief, value 18 d. a flower-box, value 6 d. and an earthen pan, value 2 d. the property of John Smith , May 14 . ++

John Smith . The prisoner at the bar came to my house, as a chair-woman , in the month of April; we were losing things continually. She went by the name of Elizabeth Fisher : I got a warrant from my Lord Mayor, and went with an officer, into her apartment, and found a Ghentin handkerchief, a dredging-box, and a large baking pan, my property.

Q. What are you?

Smith. I am a victualler , and live at the Fountain, in the Minories.

Mrs. Smith. The prisoner being a customer, and I was without a servant, I sent for her to chair for me. She pretended to go home to suckle a child, and I gave her liberty so to do, on days; but I found she had no child to suckle: I missed a great number of things. I was in her room, when it was searched, and found a Ghentin handkerchief, and a tin dredging-box; she had one of my handkerchiefs about her neck; (produced and deposed to).

Prisoner's Defence.

I was a customer to Mrs. Smith: being a poor woman, and out of work, I asked her if she wanted a chair-woman? she said, she did; I said, I should be very glad to serve her. She sent for me on the Friday, about 11 o'clock, and I was there nine or ten days,: after that, they hired a maid; she came, and staid a day and a night, and went away. There were some odd things, which Mrs. Smith gave me; I went constantly with these handkerchiefs about my head and neck; I should have thought, if they had been hers, she would have owned them. She owned before my Lord Mayor, she lent me the pan; and the dredging-box I bought when I was first married: the handkerchiefs my mother gave me when they were very near new.

Q. to Prosecutrix. Did you lend her the pan?

Prosecutrix. No, I never did.

William Fisher . I have seen the prisoner wear white handkerchiefs like those: I know nothing of her coming by them dishonestly: I have seen her wear such in Mr. Smith's house.

Acquitted .

387. (M.) Joseph Watson was indicted for receiving of John Brinklow , three India bonds, value 105 l. each, knowing them to have been stolen by Brinklow , the property of Joachim Gerrard Bass . No evidence appeared.

Acquitted .

See No. 290. in last mayoralty.

Joseph Radman , John Larey , George Knight , John Ives , John Fairbrother , David Overton , and John Dixon , capitally convicted last sessions, were executed on Wednesday, the 6th of June. - John Turtle was executed on Monday, the 11th of June.

The trials being ended, the court proceeded to give judgment, as follows:

Received sentence of Death, Five.

Jace Faulkner, otherwise Hanks, John Adams , James Manning , Henry Heirman , otherwise Wilson, and John Turtle .

To be transported for seven years, Thirty-four.

William Dollard , Francis Wilkinson , Elizabeth Cooper , William Ball , Sarah Drummond , Edward Onion , Thomas Bendall , William Death , Mary Elger , William Holliday , William Groves , Sarah Hyde , Wm Whitehead , William Oliver , Conrad Mazaret , Samuel May , Peter Stanley , John Harris , John Miller , Philip Newgent , William Jenkins , John Millar , Elizabeth Pomfret , Richard Steel , William Rowley , George Conkin , John Walker , Sarah Cowen , Daniel Tompson , Philip Evans , Benjamin Baker , Esther Rose , and John Hill; and Richard Sampson , whose sentence was respited in February sessions.

John Hodson , for receiving stolen goods, in February sessions, whole sentence was respitted, received sentence to be transported for 14 years.

To be whipped, one. Humphry Harrison.

To be branded, three.

Edward Samuel , Nicholas Maccabe , and John Lyon ; the last to be imprisoned in Newgate six months.

Joseph Radman , John Larey , George Knight , John Ives , John Fairbrother , David Overton , and John Dixon , capitally convicted last sessions, were executed on Wednesday, the 6th of June. - John Turtle was executed on Monday, the 11th of June.

These Proceedings taken in Short-Hand by T. GURNEY, on the Narrow-Wall, Lambeth, Author of Brachygraphy; or, Short-Hand made Easy, &c.