Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 31 August 2014), October 1764 (17641017).

Old Bailey Proceedings, 17th October 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 Wednesday the 17th, Thursday the 18th, and Friday the 19th of OCTOBER.

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

NUMBER VIII. 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; the Rt. Hon. William Lord Mansfield *, Lord Chief Justice in the Court of King's-Bench; Sir Sidney Stafford Smythe , Knt. + one of the Barons of the Exchequer; the Hon. Henry Bathurst ||, one of the Judges of the Court of Common Pleas; James Eyre , Esq; 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.

George Colebatch ,

Thomas Henshaw ,

Thomas Thomlinson ,

Peter Astie ,

Edward Smith ,

Griffith Nichol Stephens ,

Stephen Oliver ,

Joseph Hickman ,

John Kennier ,

William Gilbert ,

John Paris ,

William Cooke .

Middlesex Jury.

Francis Wilder ,

William Matthews ,

Joseph Walker ,

Benjamin Rabbit ,

Robert Gary ,

Edmund Goodman ,

James Thatcher ,

William Robey ,

James Long ,

Richard Pinkard , *

* John Pain served part of the Time, in the room of Richard Pinkard, who was taken ill.

John Glover ,

James Hunt .

544. (L.) Thomas Jones was indicted for stealing 7 lb. weight of sugar, value 2 s. the property of persons unknown, October 6 . ++

Samuel Gerrard . I am a gang's-man; the prisoner was at work for me last Saturday se'nnight, at Smart's key , in the capstan-garret, with several others. I saw him break into a hogshead of sugar; and take sugar out, and put it within his shirt and trowsers: he went to go down the back way, and we stopped him; we got a constable, and found seven pounds of sugar upon him.

John Jebb . I am a constable for the keys: here is seven pounds of sugar (producing it), which we found upon the prisoner, some in his shirt, and some in his trowsers.

Prisoner's Defence.

They picked up three or four lumps of sugar under the wheel, and put it all together; I did not take all that. I took none out at the head; there were little holes, out of which I took it.

Guilty . T .

545. (M.) Thomas Fletcher was indicted for stealing four guineas, the property of Luke Paine , in the dwelling-house of the said Luke , September 25 . ++

Luke Paine . I live at Limehouse hole, in the parish of Stepney . I missed between seven and eight guineas out of my drawers, in my own bedroom, on the 26th of September.

Q. Are you a house-keeper?

Paine. I keep the blue-anchor alehouse . I went to the next door, to enquire whether any body had changed any money? I found the prisoner had been there, drinking bumbo, and had changed a guinea; this was the day before he was taken; and after that, he wanted more gold to be changed. I got a warrant, and took him up, on suspicion: I charged him with the robbery, and he confessed it directly, before Mr. Berry: he was shewed a key that was taken out of his pocket: he said that was the key with which he opened the drawer; he had lived with my mother, who kept the house before me: I have been in the house about nine months; he knew the house all over. He gave to me this silver watch and silver shoe-buckles (producing them); and told me in Justice Berry's house, that my money paid for them, in redeeming them out of pawn, which was 46 s.

Q. How much money did he say he had taken?

Paine. He said in my hearing he had taken some money, but he could not tell how much.

Q. Did he mention from what place he took it?

Paine. No, he did not.

John Garret . I keep the sign of the Horns, at Limehouse-hole, a public-house, next door to the prosecutor. The prisoner was at my house the day the prosecutor missed his money; he came with two young fellows; they had some brandy and water; he gave two women two penny drams. After that, he wanted change for a guinea; we changed it; he had half a guinea, a quarter, and the rest in silver. After that, he wanted the half guinea to be changed, and also the quarter; he was a little fuddled: I desired him to go to sleep. As he was sitting at the bar, Mr. Paine's apprentice came near the door, and he desired it to be shut.

Q. What time of the day was this?

Garret. This was at noon time of the day: he got the half guinea changed, he went away: Mr. Paine came to me the next morning, and I told him as he has mentioned; he got a warrant, and took the prisoner up: we took him to Justice Berry; the justice's clerk desired me to see what he had about him: I found this key in his right hand breeches pocket, and found also 2 l. 2 s. 9 d. upon him. I said, I am certain this is Mr. Paine's money. He said, give me the key, and I will pay Mr. Paine, and make it up with him.

Q. Did he say how much money he had taken?

Garret. No, he did not. All the way we went along to prison, he cried, and begged I would deliver him the key, and he would pay Mr. Paine, and make it up with him. I thought I had no right to deliver back such a key as this; (producing a proper pick-lock key).

Q. Did he say from what place he had taken the money?

Garret. No, he did not. He owned to me the next day, when I went to see him, that he had no confederates in it; but that he made the key himself, by filing the wards out.

Q. What is the prisoner?

Garret. He is a shipwright .

Rebecca Burch . I live at Ratcliff, and am a pawnbroker. The prisoner took this watch and buckles, here produced, out of pawn of me, about an hour before he was taken up, which came to 46 s. there were two guineas, and a 5 s. 3 d. piece, and the rest in silver, I believe.

Prisoner's Defence.

This key I found in the house, upon the floor. I did not take the money.

Guilty . Death .

546. (M.) Samuel Adkins was indicted for stealing twenty geese, value 3 l. the property of Charles Laycock , October 7 . +

Charles Laycock . I live at Mile-end, in Redcow lane . Last Saturday was se'nnight, I lost twenty geese, two turkeys, and some fowls. I was talking of my loss at Leaden-hall, and was told there had been a goose sold for 3 s. which was worth upwards of 4 s. I went and looked at it, and found it a goose worth 4 s. 6 d. at Leaden-hall market; it was a town-fed goose, and was foul killed.

Q. Where did you find it?

Laycock. I found it in St. Catharine's: the person said he bought it of the prisoner at the bar.

Q. What do you mean by being foul killed?

Laycock. It had had its throat cut, and was thrown into a sack; the blood was congealed in it: in the manner it was killed, it appeared to be a stolen goose.

Q. What are you?

Laycock. I am a goose-seeder. I went and searched the prisoner's house, and found the two ends of goose wings: (produced in court): they exactly fit to the wings. I am sure they were cut off from that goose.

Q. Was the goose in its feathers?

Laycock. It was out of the feathers.

Q. Can you distinguish with certainty between a country goose, and a town fed goose.

Laycock. There is as much difference between the one and the other, as between a piece of superfine cloth, and other common cloth; they cannot feed a goose in the country as we can here.

John Price . I sell geese. I had a goose which I asked 4 s. 6 d. for; a person told me he had bought a better for 3 s. upon which, when the prosecutor complained he had been robbed, I went with him to that man (he is not here): I saw it was a town fed goose. When the prisoner was taken up, he owned he sold that and two others, for 3 s. each: he said, he bought them of one Mr. Cook, for 2 s. a piece.

Q. Is Mr. Cook here?

Price. No, he is not.

Prisoner's Defence.

The man is in the yard that I bought these geese of, which he said he bought on board a hoy; his name is Thomas Cook ; I gave 2 s. a-piece for them.

Cook was called, but did not appear.

Acquitted .

547. (M.) Richard Smith was indicted for stealing a silver watch, value 40 s. the property of William Slee , privately from his person , August 12 . +

William Slee . On the 12th of August, I was at St. James's , with a country friend that wanted to see his Majesty: I lost my watch in the crowd; I don't know who took it; it was taken out of my pocket. I went to Sir John Fielding , and got it advertised. About a fortnight after, Sir John's clerk wrote to me, to let me know they had found my watch. I went there; they sent me to a pawnbroker, who is here; there I found it to be my watch.

John Ashbener . I live at Lower Featherstone-buildings; I am a pawnbroker. A day or two after this watch was advertised, the prisoner brought it to me to pledge; I seeing such a watch advertised, stopped it. (Produced in court, and deposed to by prosecutor). The prisoner was taken up for an offence of the like nature: Sir John Fielding sent for me, and I knew him to be the man that brought it.

Prisoner's Defence.

I had been up the Strand, and returning back, I met a young woman that I keep company with, she is a woman of the town. I came down as far as Butcher row with her, and went in at the Thatch'd-house: I gave her part of a pint of beer: she told me, a young man that she used to live with, was gone to sea, and she had a watch of his in pawn, that I might have, if I would fetch it out: she asked me for the money to fetch it out, and I gave it her. I was for going with her to the pawnbroker, being afraid to trust her with the money, but she would not let me go with her. I gave her a guinea and a half, and 5 s. she gave the guinea and half, and put the rest in her pocket. In a day or two after, I had occasion for money, so I went to pawn it, and the man stopt it. I went in search of her and the young fellow, but could not hear any thing of them. The pawnbroker knows I offered it in my own name, that shows I did not steal it.

Ashbener. He said his name was Smith, and it was his own; that he had had it some time. I asked him how many months he had had it? he said, he had had it some months. After that, he said, he had it of a young woman, whom he kept company with a few days ago.

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

(L.) He was a second time indicted for stealing a silver watch, value 3 l. a metal watch-key, value 6 d. and a silver seal, value 12 d. the property of William Proudfoot , September 21 . ++

William Proudfoot . I was going through the Blue-coat-school, near Christ-church , on the 21st of September. There were a parcel of people assembled together to see my Lord Mayor; I had not stood there above five minutes, before I found somebody taking my watch out of my pocket; I put my hand down, and it was very near out; the prisoner was standing with his face towards me. I looked round, left I should accuse him wrongfully, and saw no other person could possibly take it out but him, their backs were towards me: he seeing me put my hand down, turned away from me, and was gone for five or six minutes: then he came again and stood as before, just before me. I had a notion he would attempt it a second time, and was desirous of detecting him. I took notice of all the people, and saw it was impossible, as they stood, for any to take it but the prisoner; he had his hand down just by my fob: I found my watch move again in my pocket, he gave me a shove with his arm: I put my hand down immediately, and said my watch was gone; he had it in his right hand; I catched hold of his left hand; there was a man stood behind him; I was a little fearful he should deliver it to him. I took hold of that man, and immediately my watch fell to the ground, just by the prisoner's foot; the prisoner desired me to say no more about it, but to go into a house, and he would speak to me about it: I gave the constable charge of him immediately, and he was taken to Guildhall; there he was examined.

Q. Did you get your watch again?

Proudfoot. I did.

Prisoner's Defence.

He had hold of another person, and a little boy came and said, Sir, here is your watch.

Proudfoot. I saw the watch moving just at his toe, and heard it fall; but did not see it drop out of his hand; it was impossible it should fall from any body else.

Guilty . T .

548, 549. (M.) Robert Powell and James Rice were indicted for stealing one pair of leather breeches, value 2 s. one pair of cotton stockings, value 1 s. one pair of leather Shoes, value 5 s. one pair of metal shoe-buckles, value 1 s. the property of Daniel Holderness ; one waistcoat, the property of John Smith ; and one other waistcoat , the property of James Pinches ; September 19 . *

Daniel Holderness . I lost a pair of breeches, a pair of shoes, and a pair of buckles; Powell was taken up, and confessed he stole them, as we were carrying him to prison: he had my breeches on when taken: he said the other prisoner was a confederate with him.

John Smith . I lost a scarlet waistcoat, which the prisoner had on when taken: I know nothing against Rice, except what Powell said.

Powell's Defence.

This young man (meaning Rice) was not with me when I took the things.

Powell Guilty .

Rice Acquitted .

(M.) They were a second time indicted, for stealing a wooden box, value 2 s. a pair of leather breeches, value 5 s. a pair of cotton stockings, value 1 s. the property of Robert White ; a pair of leather shoes, value 2 s. and a pair of iron shoebuckles, plated with silver , the property of John Elwood ; September 19 . *

Robert White . I lost a box with the things mentioned; I had a Suspicion of Powell; he was apprehended, and upon being charged with taking the things mentioned, confessed he did take them; he said, Rice had part of the things. For my part, I know nothing against Rice.

John Elwood . I heard Powell confess he stole the things mentioned; my shoes are on his feet now. I know nothing against Rice.

Powell Guilty . T .

Rice Acquitted .

550. (M.) Patrick Matthews was indicted for stealing nine deal scaffolding poles, value 5 s. the property of John Corser , September 19 . *

The prosecutor found the said poles at the house of one Cavener, who keeps a Chandler's shop in Cross-street; but Cavener not coming to give evidence, the prisoner was Acquitted .

551. (M.) William Squires was indicted for stealing 40 pounds weight of old iron, value 5 s. the property of John Wheeler , September 19 . *

John Wheeler . On the 19th of September, I went to my shop, and found it had been broke open: I missed some old iron that I had bought the night before, which was 41 pounds weight. I went to buy some more, in order to go to work: I went to an ironmonger, in order to buy a bag; there I found some old iron in a scale; there were two pieces of it, that I could swear to be part of the iron I lost. I was there told, they bought it of a woman; and, by enquiring, found it was sent by the prisoner. He was taken up: at one time, he said he had the iron at Kentish-Town; at another time, said, he found it in Golden-lane; that is near my shop: I found, where I deal in old iron, with Napper and Pelham, 12 pounds weight of old iron, some part of that I can swear to, (produced in court, and deposed to) which they had from the prisoner.

Elizabeth Hardacre . I saw the prisoner a little after five o'clock, near the prosecutor's shop, that morning the shop was broke.

Prisoner's Defence.

I had been up with my mother all night, who lay at the point of death; and going home, I found these two pieces.

He called five witnesses to his character, who said, they never heard any ill of him before.

Guilty . T .

552, 553. (M.) David Spence and John Carlow , were indicted for stealing 50 yards of woollen cloth, value 10 l. and 40 yards of stuff, called long-ell, value 3 l. the property of Joseph Crane the elder, and Joseph Crane the younger, in the warehouse of the said prosecutors , September 23 . +

Joseph Crane , jun. I am in partnership with my father, at Old Ford : we are scarlet dyers . On Sunday, the 23d of September, at night, our warehouse was broke open, and we missed the pieces of cloth mentioned in the Indictment. I came to Justice Fielding's, and had hand-bills printed, upon which the prisoners were taken; and at Justice Fielding's I heard Spence say, there was a pane of glass broke, and that Goad the Evidence got hold of the handle of the casement, and opened it, and lifted up the bar of the shutter, and went in, and that he and Carlow staid on the out-side, and that Goad handed out the cloth. Carlow was not then taken.

William Goad . On the 23d of September, the two prisoners and I met at the Castle on Saffron-Hill; we proceeded from thence to Mile-End, then to Bow, to the prosecutor's warehouse: we went first into the stable, to see for a sack, but could find none; then I got in at the warehouse window, and gave them out a piece of cloth; after that, two long-ells: then I came out and said, shut the window; they said, no, let the window be d - d: then we came to Bethnal Green; thinking it not proper to come into town, we went then to the Rosemary Branch , and from thence to Islington: I staid by the cloth while they went to a house and got some purl; then I got some; then we went near White-conduit House; and we afterwards went to the Roe-buck on Saffron-Hill; I staid till they went with part of it to Carlow's mother; they there took the cloth in their own custody. Two days after I went to Thomas Harriat ; he said he was going to receive the money for the cloth; he took me to the King's Arms, the back of St. Clement's; there was Mr. Wright, he took me in custody, and I was taken to Sir John Fielding 's: Spence was taken the next morning; then we both were taken to Sir John: Spence was committed to the Gatehouse, and I to New Prison.

Q. Were there any more goods in the warehouse, besides what you took?

Goad. Yes, a great many; but we took as much as we could carry away.

Spence. He wanted to give us more, and we would not take it; he said it was his own property, and that he had been a little extravagant, and wanted to make money of that.

George Butler . I am servant to the prosecutors. On the Monday morning I went to open the warehouse door, and found the window open. I went in, and told my master; and we looked about and missed a piece of cloth and two pieces of long-ell.

John Sweet . I am Servant to the prosecutors. I fastened up the window on the Saturday night before, and it was open on the Monday morning.

Thomas Harriat . On the 26th of September, Spence and Carlow came to me, and one Mallot, my brother-in-law; (he is not here). Mallot asked me if I would have a pint of beer? we went in at the Green Dragon in Fleet-street; Mallot asked me if I would have a piece of cloth to make a waistcoat? I asked if I or he must find the lining? as we were sitting drinking, Spence produced a bundle of cloth, which he had under his arm; I took him to be a taylor going to carry some work home in a wrapper; we went out, and Spence gave me the cloth under my arm. I asked what I must do with it? said he, sell it; get what you can for it; he said there were twelve yards of it; I might get six shillings a yard for it: I never measured it; there is thereabouts. I took it home, and locked it up in a drawer; the next morning I went to Sir John Fielding , and informed him of it; in the Evening I gave the cloth into the possession of Ned Wright ; he went to the King's Arms, the back of St. Clements; after that, Spence came to receive the money, and I had him taken up.

Q. What did Carlow say, that night Spence delivered the cloth to you?

Harriat. He was there; but he said nothing about the cloth, as I know of; he seemed to answer, when Spence desired me to get six shillings a yard for it; but I don't remember what he said.

Q. from Spence. Did I not ask you if you knew how to dispense with the cloth, and you said yes?

Harriat. That is true.

Edward Wright . The cloth was left at the last witnesses house; he came to Sir John Fielding's, and applied to Mr. Marsden, and said, some people had left some cloth at his house, that he thought was stole: Mr. Marsden desired me to go with him; I did, and took the cloth to a public house, and when they came for it or the money, he was to bring them to me: so Spence came; I took his own handkerchief from his neck, and tied his hands, and brought him to Sir John Fielding .

Henry Wright . I went along with my brother, in order to search for the other prisoner, on the Friday: there was a girl stopped, but afterwards got from the constable: I met with her afterwards; she is now in Newgate; she had this piece of cloth (producing a piece): this appears to be cut from one of the pieces.

John Huston . I live in St. Martin's in the Fields: I keep a shop, and sell small pieces of cloth. On the Monday in the Forenoon, one of Mr. Crane's men came to me, and said their warehouse had been broken, and described what sort of cloth was stole, and desired, if any such was brought to my shop, to stop it. About eight at night on the Tuesday, Spence came and asked me if I would buy this piece of cloth, (producing a yard and three quarters of cloth): as soon as I saw it on the compter, I asked him which way he came by it? he said he had bought it promiscuously. I told him there was an information brought me of this cloth.

Crane, jun. This is our property: it is orange colour; it is a particular thing, to go to the East-Indies.

Thomas Burch . I am a pawnbroker. (He produced a yard of the same colour) This was brought me by one Anne Ludlow . I knowing such was advertised, I stopt it.

Crane, jun. This is part of the same with the other piece produced.

Henry Burton . I was employed by Sir John Fielding to take these men; Carlow was taken last Friday; I was sent with him to Newgate; going in the coach, he told me he and Spence were together; that Spence gave the cloth to Harriat, and he gave it to Wright; that Harriat said, there is the broker, will you go and take the money? no, said Carlow; I will have none of that money, for Sir John Fielding is turned broker, for that is one of Sir John's people.

Alexander Hill. I was with Crane before the Justice: Spence was for being admitted evidence; he said, if he was not, it would touch his life, for he was concerned in the robbery. I did not see Carlow before now.

Spence's Defence.

The young fellow that is evidence against me, told me he was foreman at Mr. Crane's, and that this cloth was his property; and if I would go along with him, he would give me half a guinea for my trouble: I went along with him, not thinking any harm, and came back with him into town; I never was in that place in my life before, and can safely swear I cannot find my way to the place again.

Carlow's Defence.

We were both together, when he repeated them words as David Spence has said. I never saw the evidence before that night; he asked me to go along with him, to help to bring the cloth.

Both Guilty . Death .

554. (M.) James Davis , otherwise Godwin , was indicted for stealing three quarts of red port, value 3 s. and three glass bottles, value 3 d. the property of Owen Brannan , October 9 . +

Mary Brannan . My husband's name is Owen; we keep the George Inn, St. Giles's facing the dead wall . On the 9th of this instant, there was notice given by a servant, that somebody had broke into our warehouse; while a constable was sent for, they had broke into the next neighbour's yard, and got off; and one of the cocks was left running, where was red wine.

James Spelman . I live with the prosecutor: I saw the prisoner in the warehouse, with a bottle of wine in his hand, the ninth of this month, between candle-light and day-light; I told him he was as safe as if the d - l had him, and locked him in; he broke out into a corn-chandler's yard, and got away.

Q. What answer did he make you?

Spelman. He did not speak a word: he came in about half an hour after, of his own accord, and the constable secured him. When I spoke to him, he threw the bottle down and broke it; here are some of the pieces: (producing part of a glass bottle.) the constable found two other bottles of wine in the coal-hole after he had made his escape; they are full of red port. (Produced in court.)

Q. Is the place where you saw him a light place?

Spelman. There are rails over the door, and the place is very open at the top; I could see him as plain as any thing in the world.

Mary Kenney . I live with the prosecutor; I saw the prisoner at that time go out of the yard into the stable.

Spelman. That is the way to the warehouse; the prisoner is a soldier ; he is billetted at our house, in the name of Godwin.

Prisoner's Defence.

I never was in the warehouse in my life; they have a spite against me; they denied me quarters, and I took them to Sir John Fielding , for denying me small-beer.

Mrs. Brannan. We had great reason to believe he had stolen three shirts, and I wanted to get rid of him; and as we suspected him to be a thief, we had the greater guard concerning him.

Acquitted .

555. (M.) William Jones was indicted, for stealing a Bath metal watch, value 20 s. the property of James Davis , privately from his person , September 17 . ||

James Davis . I was at the Bull's Head at Old Brentford , on the 17th of September. I fell asleep in the kitchen, between the hours of two and four, in which time I lost my watch, 2 Bath metal one. I had seen the prisoner there before I went to sleep; when I awaked and missed it, he was gone. I followed him, and met with him at the sign of the Still at New Brentford, with my watch upon him. I took him before a Justice of the Peace; there he owned he took it. ( Produced and deposed to.)

Thomas Barrel . I was along with James Davis at the Bull's Head; after he fell asleep, I went out to the coach I drive; I had been gone to the turnpike about an hour and a half; he came to me, and asked me if I knew who had his watch? I went to the tap-house, and asked Mr. Gurney, the Master of the house; both he and his wife said they did not know who took it. Then Mr. Davis and I pursued, and found the prisoner at the Still at New Brentford, and found the watch upon him: we took him to the Justice, where he confessed he did take it.

Prisoner's Defence.

I have nothing to say. I beg the mercy of the court. I was much in liquor.

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

556. (M.) Edward Ellis was indicted, for stealing five guineas, the money of John Payne , in the dwelling house of William Willet , October 11 . ||

John Payne . I am servant to William Willet ; my box was in the room where I lie: last Friday morning, I missed five guineas out of it; it stood by my bed-side; I had left it locked on the Thursday morning.

Q. Was the lock forced?

Payne. The Bolt was put back some how.

Q. Why do you charge the prisoner?

Payne. He was at work by himself on the out-side of the house; on Thursday afternoon, cutting down leaden spouts, by the Commissioners order, that are paving the Strand: he went thro' my room to go on the out-side of the house; that made me suspect him. I went to Sir John Fielding , and advised with him what to do; he granted a warrant; I took the prisoner up, and carried him before Sir John; he denied it there; he was searched, and half a guinea found upon him. Sir John granted me a search-warrant. Going back, he owned the fact, and delivered me three guineas and a half, which was at a woman's house he called sister. I never got my other guinea and half; he said he had bought a stock and bits, and a saw, with the rest of the money.

Q. Did he own where he took the money from?

Payne. He owned he took it out of my box: he delivered up his tools in order to pay me, when I carried him to Sir John again; but Sir John said that could not be. He committed him to Newgate.

William Holding . The warrant was brought to me, to take up the prisoner upon suspicion; I took him before Sir John Fielding ; Sir John ordered me to search him. I found upon him 10 s. 6 d. after that, he granted Mr. Payne a warrant to search his lodgings. As we were going in Long-acre, he told me the money was not at his lodgings; it was at his sister's: we went there, and out of his tool-box he took three guineas, and delivered it into my hand; the prosecutor was by at the time: we then took him back to Sir John Fielding 's again; but he not being in the way, we took him to the Round-house. He said he had laid some of the money out in tools, which tools he delivered up to me and the prosecutor, which cost 18 s.

Q. Did you hear him say any thing about opening the prosecutor's box?

Holding. No, I did not.

Prisoner's Defence.

I was a little in liquor: whether I took the money out of the box, or no, I cannot tell; there were several other people backwards and forwards all that day: I know the box was open.

Holding. The prisoner owned to me he was drunk over night.

Guilty of stealing a guinea and a half . T .

557. (M.) John Higgins was indicted for stealing one hat, value 5 s. the property of Thomas Howes , October 7 . ||.

Thomas Howes . I was employed to hold the plate for the poor, at the Portuguese-chapel ; the prisoner went into the chapel about 11 o'clock: this was on the 7th of this instant: he went up the gallery stairs, and came out again. When all the people were come out, I went in with the money; he passed by me, and in a minute, I missed my hat. After that, I happened to come down Mount street, and met the prisoner on horseback; I charged him with taking my hat, and he denied it, but I found it upon him; when before Justice Welch, he owned to the taking of it.

Prisoner's Defence.

I was in liquor, and went up the stairs, and coming down, there was nobody but an old woman; the hat was down on the outside of the steps. I carried it home to my father, and asked him what I must do with it. I thought to bring it to church again in the afternoon, but seeing the young man with a hat on, I did not give it him, thinking it was not his.

Guilty . T .

558, 559. (L.) William Stannynought and Robert Warren were indicted for stealing 20 lb. weight of sugar, value 5 s. the property of persons unknown, October 4 . ++

Robert Squires . I am a gang's-man, at Buttle-wharf ; Stannynought is a cooper : he was seen to go out of the buildings on the 4th of October, between three and four o'clock in the afternoon, with a large board of sugar drawn in samples; we followed him; he went in at the King's-head, in Love-lane; there we saw him and Warren part the sugar through the window: Warren had his share in a handkerchief: when we went in, he put his down the vault, and would have forced by us. When he could not, he went down on his knees, and said, he had never been guilty of the like before: here is a letter they sent by a girl; I know it to be Warren's hand writing. It is read; directed to James and Squires, ascribing what they did to drunkenness, and begging mercy.

John James , a gang's-man on the same wharf, being with Squires, gave the same evidence. Stannynought's share of the sugar was produced in court, and upon inspecting it, it appeared to be all of one sort.

Stannynought's Defence.

I was going along the key, and went into this house, and to the necessary to ease myself; there was Warren; I staid till he came out; I turned myself round, and there lay a parcel of sugar: just as he came out, Mr. Squires and Mr. James came in upon us, and said, What, have we catched you? we said, in what? in taking sugar, they said. I said, the sugar does not belong to me; I know nothing of it: they sent for a constable, and took us away: I know no more of it, than the child unborn.

Warren's Defence.

I being in the necessary before him, he waited my coming out: this sugar lay in the same place; we both wondered who it belonged to. I am willing to suffer the law, if they can swear I brought any sugar out of the buildings: he says I threw my share into the vault; it is no such thing.

Q. to Squires. Did you see Warren, at the time you saw Stannynought carrying a board of sugar?

Squires. No, I did not.

Stannynought called John Shakespear , William Hatt , John Welch , Charles Driver , Winifred Thomas , Patrick Comings , Jane Eyre , Lucy Webb , and George Comberlidge , who gave him the character of an honest man.

Warren called James Coombs , Dennis Noland , David Little , John Fullerton , Edward Kelley , and Elizabeth Welch , who gave him the same character.

Both Acquitted .

560. (L.) Patrick M'Cartney was indicted for stealing thirteen walking-canes, value 3 l. 10 s. the property of John Cotton ; and eleven other walking-canes, value 40 s. the property of persons unknown; October 4 . ++

John Cotton . I brought home a parcel of walking-canes from India, which were reposited in a warehouse at Blackwall , till the company's sale came on; there were the company's lock, the king's lock, and my own lock upon the door; the warehouse was after that broke open; some canes were taken away, and some of them found again.

Q. How many did you deposit in the warehouse?

Cotton. There were delivered in about thirtyfive thousand.

Mr. Wagg. On the 4th of this instant, one of the porters told me this warehouse was broke open. The two overseers belonging to the company's private trade sent to me, to go down to see how it was: I went, and saw the staples were drawn, and put in again; one was fast, and the other loose in the holes. I examined 400 of the fine walking-canes, which I marked with my own mark, and found about fifteen of them were gone.

Q. What was your mark?

Wagg. It is the letter G. on the top joint of the cane; there were eight others taken out of another parcel, not marked. The next day, I went to 'Change, and went to Mr. Forset, that keeps a cane-shop, in Leadenhall-street; I acquainted his journeyman of what was lost, and desired, if any were brought, to stop them. In about an hour after, a young man came to our house, and told me there had been a man there with two canes, in order to sell them; and that he said he had twenty more, and upwards, and had left word, if they would come to the Horshoe and Magpye, a public-house, in Fetter-lane, he would go with them to a house in that neighbourhood, where they were. I went to that public-house, and the prisoner was there, and had the two canes in his hand: I examined the two canes, and found my mark upon one of them. I desired the young man to go with him, and buy the canes at any rate, in order to bring them to the public-house where I was, to pay for them: the young man went, and bought them at half a guinea a cane: I had a constable and a friend of mine ready; the young man brought the canes and prisoner; I looked at the canes; he seemed very uneasy, and said, if I did not like them. he would take them back again I said, neither he nor the canes should go back: there were 24 canes: he said, his sister kept one. where they were lodged: (produced in court.) Here are fifteen of them have my mark upon them. I asked him where he got them? he said, he had some of the lumpers, and some he bought of the Blacks: he told me he was a labourer at Mr. Perry's wharf. Some of these canes are Captain Cotton 's property.

William Carlton . I am a constable; these are the canes that were delivered to me in Fetter-Lane.

Prisoner's Defence.

I bought these canes of two men that work in my master's yard; I have sent after them, but they have made their escape.

For the prisoner.

George Coulson Smith . I am a shipwright: the prisoner has worked for me eight or nine years. Captain Cotton told me he had one of my men in custody, that said Cox and Martin (two other of my men) were concerned with him. I promised the Captain they should attend at any time, to prove their innocence: this was on the Wednesday: on the Thursday, we launched a ship; and, upon their hearing Mr. Fielding's men were after them, they absconded, and I have never seen them since. I never knew any ill of the prisoner before.

Q. Had he an opportunity of knowing what kind of things these are?

Smith. He had; but I don't know that he knew the value of them: these gentlemen have warehouses in my yard, from whence the canes were taken; the other two men were watchmen in my yard, at the time they were lost. I thought they were men that might have been trusted, having been a good many years with us.

Samuel Samvell . I believe I have known the prisoner ten or a dozen years: I know no farther of him, than that of an honest man. I went to see the prisoner in Newgate, last Wednesday was a week; he desired me to tell the two men that he had impeached, that he wanted to speak with them; I went, and desired them to go up to him, and told them he was stopped with the canes: they are gone away.

Joseph Luck . I have known him twelve years; he lodged in my house six years; he always was a well-behaved man in his lodgings. I never heard any harm of him.

Q. What is his general character?

Luck. He has as good a character as ever man bore.

Daniel Reason . I am worth almost an hundred pounds: I could trust him with all I am worth, set aside my wife.

Guilty . T .

561. (L.) John Foulger was indicted for stealing a linen handkerchief, value 6 d. the property of Edward Felton , October 7 . ++

Edward Felton . I was going down Cheapside , on Sunday, the 7th instant, about ten in the evening; on a sudden, I thought I felt something at my pocket; I turned round, and saw my handkerchief in the prisoner's hand; I seized him, and charged a watchman, that was near us, with him; we took him to the watch-house.

William Spencer . I was constable of the night. Mr. Felton brought the prisoner into the watch-house with this handkerchief: while he was there, I observed a great bundle at the bottom of his pocket: I put my hand in, and took out these seven handkerchiefs. (Produced in court).

Prisoner's Defence.

The gentleman said I had picked his pocket; I had picked it up, and was going to resign it to him; there were people about a pick-pocket; I saw a bundle lying on the ground, I picked it up, and there were a parcel of handkerchiefs in it.

For the Prisoner.

Daniel Collins . I have known the prisoner ever since he was ten years of age; he was an apprentice to a countryman of mine, and worked with me about six years ago.

Q. What trade are you?

Collins. I am a gauze-weaver.

Q. Do you deal in handkerchiefs?

Collins. No, I do not. I know no ill of him.

John Wells . I have known the prisoner about eight or nine years; his master is dead, and he is gone home to his father: the time he was with his master, he bore a good character.

Mrs. Collins said the same.

George Black . I am a victualler, in Holborn. I have known him ten years. I never knew any ill of him.

Thomas Stoaks . I am a shoemaker, and have known him above ten years. I never knew any ill of him.

Guilty . T .

562. (L.) Samuel Dowle was indicted for stealing a silk handkerchief, value 12 d. the property of Joseph Serjeant , October 8 . +

Joseph Serjeant . Last Monday was se'nnight, about four in the afternoon, I was in Cornhill, above the 'Change , and stopped at a picture-shop about half a minute or a minute; in the mean time the prisoner was coming by. Mr. Decoster said, he saw the prisoner take my handkerchief out of my pocket.

Peter Decoster . I saw the prisoner take this handkerchief out of the prosecutor's pocket. I seized him directly by the collar. (Produced in court).

Prosecutor. My handkerchief was of the same pattern as this.

Decoster. I called to the prosecutor immediately, and asked him if he had not lost a handkerchief? he felt, and said he had, and that this was it.

Prisoner's Defence.

I had been to Rosemary-lane. I am a founder by trade, and have worked for Mr. Moore, in Fetter-lane. I happened to come along Cornhill, and saw some people looking in at a picture shop, and saw a silk handkerchief lying under my feet; I took it up, and had gone but a few steps, before that gentleman seized me by the collar, and said, I took it out of that gentleman's pocket.

For the Prisoner.

William Pain . I am a fanstick-maker. I have known the prisoner about twelve months. I never heard any thing amiss of him before this.

Samuel Dowle . I am blind, and have sold gingerbread in Moorfields this twenty-eight years. I am his father.

Court. We suppose you'll give him a good character?

Dowle. Nature binds.

Samuel Bates . I have known him from a child. I never heard any harm of him before.

Anne Smith . I have known him ever since he was born. He had a very good character before this.

Martha Griffice . I have known him five years. I never knew him guilty of a fault before this. I am a fish-woman.

Guilty . T .

563, 564, 565. (L.) John Shadwell was indicted for stealing 86 pieces of leather, cut for heels of shoes, value 10 s. and 53 pieces of leather, cut for soles of shoes, value 30 s. the property of Daniel Waldron ; and Andrew Ross , and William Ross his son , for receiving the same, well knowing them to have been stolen , October 3 . +

Daniel Waldron . I am a shoemaker , and live in Basinghall-street . Shadwell is my apprentice , and has been about four years and four months: I have missed quantities of leather, but was not certain who took it: I took him up upon the information of Peter M'Cloud , who lodged at the house of the Ross's: he has been absent ever since yesterday morning.

Q. Is he bound over?

Waldron. He is. Upon his information, I charged the constable with the prisoner, for stealing quantities of soles and top leather: we had a search-warrant to search the house of Ross; they live together: they both pleaded ignorance, and said they had no leather but what was their own, which they bought at the Black Prince, in Old Bedlam. We found a parcel of leather secreted in a garret, up three pair of stairs, and locked up in a cupboard; they work below: they are what we call chamber-masters and coblers: they make and mend shoes. (A parcel of leather produced.)

Q. When did you find the leather?

Waldron. We found it a fortnight ago to-day. When I first took them up, they said they knew nothing of me, nor my apprentice neither. I verily believe the whole of this leather to be mine; here is a pair of top-pieces with my own handwriting upon them. When the old man was taxed with it before the alderman, he said, he knew some of it was mine, but not all.

Q. Did he give any account how he knew it to be yours?

Waldron. No, he did not. William Ross said little or nothing: he said, my boy brought a pair of soles that have my mark upon them, to have a pair of shoes made for himself. I was before Sir Robert Kite , when Shadwell was examined; I saw him sign this his confession. Mr. Holder asked him if he would sign it? he said he would freely. The two Ross's were in the hearing of his confession.

Cross Examination.

Q. How many pieces had your mark?

Waldron. There were two had.

Q. Do you deal in leather?

Waldron. No, I cut all my own leather.

Q. Did not the two Ross's deny the fact?

Waldron. The old man was going on with his confession, but he was stopped by the alderman, who said, it was a thing not desired of a prisoner.

Q. Did you promise Shadwell should have mercy, if he would confess?

Waldron. No, I did not; nor nobody else, in my presence.

Mr. Holder. I was present at Guildhall, when this confession of Shadwell's was taken by Alderman Kite; it was read over to him before he signed it; I saw Sir Robert sign his name, and the prisoner also. The two Ross's were asked some questions; the old man was going to speak, but the alderman thought he could say nothing that would clear him, he said, he did not want him to say any thing to accuse himself. The old man said, he believed some part of the leather was Mr. Waldron's; he owned he had connections with the boy; that he call'd to see him frequently, and the boy said he frequently called to see them. The alderman thought the old man's confession might proceed from ignorance, so gave him warning.

The confession read, in which he gives an account, that about a year and a half ago, he got acquainted with William Ross , who desired him to bring him some top-pieces; that at several times he stole from his master, the prosecutor, several quantities, no less than fifty-three for soles; and divers top-pieces, not less than an hundred, all which he delivered to the said William and Andrew Ross , they living and working together: that some were delivered when one was absent, and that they both knew that he stole the said leather; and that they constantly gave him under the value.

John Potter . I went to Ross's with a search-warrant, that day fortnight, at almost seven at night; they were both at home: I said I was come to search the house for some leather, the property of the gentleman with me. Andrew told me he had no leather in the house, and knew nothing of any, but what was there below. I took up several pieces, and asked Mr. Waldron if they were his? he said, he could not swear they were: he said he was informed there were some up stairs; they both said there was none above. I asked them if there were any concealed any where? they said they knew of none. Then we went up stairs, in order to search, into the room where William lies; after seeing no appearance of leather, I asked what was in some trunks that were locked up? William said they did not belong to him, but to a lodger, who was gone to Scotland. Mr. Waldron said I must search farther, but it being at that time of night, I refused to break open the house, as the warrant expressed to search in the day-time. I said to Andrew Ross , are you willing to go before any magistrate, to be examined? he said, yes: we took him to the Mansion-house, but could have no examination that night: he was enticed by Mr. Waldron to go to the Compter, in order to go to speak to his son; he gave the keeper of the Compter charge of him as a thief. After that, he went away very dissatisfied with me, as thinking I was against doing my duty; he came to me again, about twelve at night, with a search-warrant from Sir Samuel Fludyer ; I went, and told Andrew's wife we were come again to search: she said, search where you please, you are welcome. Said I, we must go up stairs: I then asked young Ross, (who was partly undressed, and going to bed) if he could not procure me the key of those trunks? he said, he could not: there was a closet by the bedside; he said, that did not belong to him. Upon that, I wrenched the door open, and found a great quantity of leather, 53 pair of soles, and 76 or 86 fore-pieces. I asked him if he knew any thing of them? he said, nothing at all. I said, you must put your things on, and must go to the Compter; he said, he did not follow the shoe-making business, but rather followed portering, and opening shops for people, and hoped we would not take him away. We put the leather into a sack, and took him to Wood-street-compter; his father was in the Poultry-compter. The next day we had an examination before Mr. Alderman Kite: Andrew Ross began to make some faultering in his speech, and said, it was not all Mr. Waldron's leather, only part of it was his. William said, the leather was what the boy brought to do his own shoes. When Shadwell was giving the account, Andrew said that was false, but that was so softly, that the magistrate did not hear him.

Q. Did he deny the whole?

Potter. He acknowledged that some part of it was true.

Q. What part was that?

Potter. That was as to their first having communication with the boy.

Peter M'Cloud was called on his recognizance, but did not appear. His recognizance was ordered to be estreated.

Shadwell's Defence.

I am apprentice to Mr. Waldron. As I carry work to my master's men, I go by Ross's stall to the chief of them. He call'd to me, and asked me if I would take share of a pot of beer? I offered to pay for it, but he said I should not pay a farthing. They told me never to let any body have any leather but themselves, and never to let any body know of it.

Andrew's Defence.

I never bought a bit of leather of this boy in my life: I had none of him, only to make soles for him, and mend his shoes; he never gave any to me, neither did I ever give him a farthing. Mr. M'Cloud has done all this out of spite.

William's Defence.

It is a great falsity in saying he brought me leather; he only brought some once to mend his own shoes.

For Shadwell.

Edward Rooks . I have known Shadwell fourteen years.

Q. How old is he?

Rooks. I take him to be about eighteen or nineteen years old; I never heard any thing against his character before this.

Shadwell. Ask my master my character.

Waldron. The boy always behaved very well, and kept good hours; he certainly was drawn in by the others.

William Curtis . I married Shadwell's mother about four years ago; he was always very just and careful till this happened; his mother brought him up very well, and bestowed learning upon him.

For the Ross's.

George Fowell . I know the father by fight; but I have known the son between two and three years; he has behaved himself very soberly and honestly; that is his general character; I have trusted him with bills on my own account; he has received and brought me the money very honestly and faithfully: I am clerk to Messrs. Fuller and Cope, bankers; he was employed as a porter, to open and shut people's shops .

Aaron Graham . I have known William the son upwards of two years; he is exceedingly good and honest. I have trusted him to receive and pay money for me, above a thousand pounds value.

Q. What are you?

Graham. I am clerk to Messrs. Fuller and Cope, bankers; but this was on my own account.

Samuel Collier . I know both father and son; the father about five years, and the son about three. I always esteemed them both as honest men; they have done business for me; I never thought to see them come to this: I am clerk to James and Jeffreys, brokers in 'Change-Alley.

Thomas Eldridge . I have known the father fifteen years; he was a tenant of mine; I know the son from a boy; he has an exceeding good character; so has the father.

Q. What are you?

Eldridge. I am a surveyor to the wharfingers on the key.

James Petoe . I am a victualler; I have known them both about eight years; they have exceeding good characters; they are tenants to me at this time; they have always paid their rent to the very day; no people can bear better characters.

Mr. Baker. I have known them, I believe, four or five years; they bear good characters in the neighbourhood; I never heard any thing amiss of them before.

Q. What are you?

Baker. I am a stationer, next door to the post-office, in Lombard-street.

Mr. Mackintosh. I am a woollen draper in Lombard-street: I have known the father twenty years, and the son from a boy; they have exceeding good characters: was any to enquire of the whole neighbourhood, I believe not one would give either a bad character.

Mr. Moss. I have known them both seven or eight years; they have exceeding good characters, as ever I heard any people in my life, setting aside this affair.

Charles Holmes . I am warder of Cornhill ward; I have known them both upwards of ten years; they are very honest and very faithful. I am employed by 'Squire Fuller and Sir Charles Asgill , and I have employed the young one under me; he has been trusted in these houses in my absence; I never heard any ill of his character.

Thomas Taft . I am a victualler; I believe I have known them both about ten years; very honest men both; I never heard to the contrary; they are persons that I should not suspect any more than any persons in the neighbourhood.

Daniel Ross . I am a victualler; I have known them ever since they have been in London, that is about fourteen years; they were always endeavouring honest men both.

Archibald Campbell . I am a victualler, and live at the other end of the town; I have known the father twenty-four years, and the son from a child; they have very honest characters.

Shadwell Guilty . T .

Andrew and William Ross Guilty . T. 14 .

566. (M.) William Chapman was indicted, for that he, on the 30th of September, about the hour of one in the night of the same day, the dwelling house of Mary Wright , widow , did break and enter, and stealing one silver watch, value 40 s. two seals set in silver, value 5 s. the property of Henry Davis , in the said dwelling house . ||

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

Henry Davis . I live sometimes at the house of Mary Wright ; she is a widow; I live with her daughter sometimes, though not always; I speak the truth; I am not married to her; I keep company with her, when her mother goes out a nurse-keeping. I was in her house the 30th of September. I first went and knocked at the door; the girl said, where I had been, I might go again: then I went to the Seven Stars and Crown, and told the prisoner, that Nan would not let me in: he went along with me; she let us in: I went to bed, and hung my watch up by the mantle-piece: all the doors and windows were fast at that time; when he went out, I got up, and bolted the door after him; this was at past twelve o'clock. The next morning I missed my watch, and the window was broke. About eleven the next day, the prisoner sent for me at the Black Horse in Lemon-street, and said, Harry, how could Nan be so cruel, as to go to my mother about your watch? if you had staid two or three days, perhaps you might have heard of it.

Cross Examination.

Q. What time did you and the prisoner go into the house?

Davis. We went in about eleven.

Q. Was you sober?

Davis. I can't say I was; but after I had lain down a little, I was better.

Q. Did the prisoner offer to run away.

Davis. No: he came to me publicly the next day.

Ann Wright . I am daughter to Mary Wright . On the 30th of September, Davis and the prisoner came to me, to my mother's house; Davis and I went to bed before Chapman went away; he asked me to let him sit up in an arm-chair all night; I gave him leave; he took a chair and laid it down, and laid himself upon it: the windows and doors were all fast then: after some time, I heard him at the window; I raised my head up, and saw him take the key out of the pin of the window; I was afraid of my life, and laid myself down again; the prisoner said, Nanny, is it twelve o'clock? I said, it is half an hour after: then he went away, and Davis fastened the door after him: after that, when he was in a little dose, I heard a rustle at the window: I saw Chapman come to the bed-side, and snatch the watch, and go out at the window: my candle was out, but I always leave a good fire a-light. In the morning I went to the prisoner's mother, and brought it in with a joke: I asked her what time he came home? she said, about ten o'clock: I said, it was about half an hour after twelve when he went from my house: I said he has taken my Harry's watch: he owned to the taking the watch to me, but I have no witnesses of it.

Q. What were the words he made use of?

Ann Wright . I said, how could you fright me, to take Harry's watch away: he said he had not taken it; and said, can you look me in the face and say so? I said, yes, I could: he said, how could you go to make a noise at my mother's? if Harry had come to me in the morning, I would have given him the watch.

Q. Was you sober that night?

Ann Wright . I was as sober as ever I was in my life when I went to bed; I can't say I was sober in the evening; for the prisoner fetched some anniseed, and forced Davis and I to drink.

Cross Examination.

Q. Why was you afraid of your life?

Ann Wright . Because he was so resolutely bent all that night, and said, he did not value his life, for he knew he should be hang'd.

Q. Did you awake Davis, when you saw the prisoner take the watch?

Ann Wright . No: I was afraid of being murdered.

Mary Wright . I rent the house; I was a nurse-keeping at the time. I can only say my windows were broke.

Sarah Shelton . I live at the next door to Mary Wright ; I heard Ann Wright say, in the morning, Chapman had stole Davis's watch; she asked Davis to go and see for it; Davis answered, he did not mind the watch, so long as he escaped with his life.

Prisoner's Defence.

This Harry Davis came to me at the Seven Stars and Crown in Rosemary Lane; he asked me to go and take his part, for he had been at Nan's, and found a fellow there going to bed with her: I went with him; the fellow was run away: he was d - g and swearing at the door some time: than he sent for a quartern of anniseed; I staid and drank; he began to play along with her on the bed; after that he said he would go to sleep; I sat by the fire-side in an arm-chair; I said, Nanny, I'll lie down and rest myself; she said, I might come and lie by her: I asked what o'clock it was? she said, half an hour past twelve; then I made the best of my way home.

For the prisoner.

Fortune Baker. I have known Ann Wright from a baby: on the first of October, she came into my room, and said, Harry had lost his watch; I said, how? she said, I don't know; we were both so stupified with drink, that I do not know how: said I, Nanny, you keep such bad company when your mother is out, it is a wonder you are not killed. She said, she would satisfy me for my trouble, if I would go to Chapman, in St. Catherine's, and say I saw him go in at her window: I said, hussey, are you such a brazen face, to desire me to do such a thing? she said, she did not know who had it, but she would go and frighten Chapman out of his wits.

Mary Hawker . I live but a little way from Ann Wright ; she came to me one Sunday morning, about nine o'clock: she said, Harry had lost his watch; I said, where have you been? she said, to Chapman, to ask after it: said I, has he got it? she said, yes, she believed so: I said, why don't you go and take him up? said she, I was so fuddled, I can't tell who has got it, or how it was lost.

Ann Eades . I live in the first floor in Mary Wright 's house; my husband is a taylor; he went out about six that morning; he came up and said, Nan Wright 's window is open; I said, may be she was drunk, that is not a thing uncommon; I went to lie down to sleep again; she came up to me, and said, Harry has lost his watch: I said, how? she said, she believed Chapman came in and took it; and said, she would go to him, and say she saw him come in and take it, and frighten him; she said Harry and she were both in liquor, when they went to bed.

William Magee . I heard Davis say, he did not know but Ann Wright had given his watch to another man, as she is guilty of keeping company with other men.

Walter Simpson , John Mading , Nicholas Maclainer , and Thomas Morris , said the prisoner was a waterman and lighterman ; that he was very industrious in his business, and they knew no harm of him.

Acquitted .

567. (M.) Ann, wife of John Wade , otherwise Ann Fowler, spinster , was indicted for stealing a silver watch, value 4 l. the property of John Lemonere , October 6 . ||

The prosecutor being a foreigner, an interpreter was sworn.

John Lemonere . I was coming from Covent Garden, and at the Globe Tavern , late at night, there was a fighting; I stop'd to look on; the prisoner came up to me, and asked me to give her something to drink: she took me to a public house, and by signs, made me understand she was a washer-woman, and would wash my shirts for threepence each; she asked me what o'clock it was? I took out my watch, and said, about one o'clock; she took up the watch, and went into a back-room: presently came a soldier and hit me two blows: I went down stairs; there the soldier ill-used me. I asked for my watch; the prisoner ran out at the door, and I after her; she escaped from me two or three times; she got into an alley, I closely pursued her; she called out watch; a watchman came and took her to the watch-house; then I desired the watch might be returned to me; she denied very strongly having it: I went with the constable to the door; the same soldier came and opened it; we went in; the watch could not be found; we took the soldier to the watch-house; then she gave the keys to the watchman, and the watchman went and fetched the watch; (produced in court, and deposed to.)

Q. from prisoner. Whether you did not give me the watch upon some consideration?

Lemonere. No, I did not.

Mr. Harris. I am constable: on the 6th of October, the prisoner was brought to the watch-house: as far as I could understand, the prosecutor had lost his watch; he was in a great flurry; he said he lived in Hedge-Lane; a watchman went there, and brought this woman that now interprets; he said he could find the house out where he was rob'd; I took the beadle and a watchman; he conducted us into Swan Yard; he ran up some steps, and knocked two or three violent raps at the door; a soldier came and opened the door; the prosecutor said, that was the man that beat him down the steps: I asked him where the woman had been? he said, down stairs; I went and examined below, but could find no watch: in the corner of the parlour there stood a stick, which the prosecutor said was his: I brought the soldier to the watch-house; we talked to her for an hour and a half before she would tell where the watch was; she said she knew nothing of it: I told her, as it was the first night I ever watched, I would discharge her if I could, if she would tell where it was; she said, if I would let her go home, she would tell me where it was: she gave the soldier the key, and said it was in the second or third drawer, where it was found. The Justice discharged the soldier.

Prisoner's Defence.

I was very dry and thirsty; I went in at the Globe Tavern to get a gill of wine: as I was tucking my gown up to go home, this gentleman came out after me; he took hold of me, and pull'd me about; I could not get rid of him; I asked him what he wanted with me? he asked me if I would go to cushee? [to bed] I said I did not know what he meant; he insisted on my going to drink with him; I went in at the Star-Inn; he call'd for a pint of porter; I said I could not drink porter; he call'd for some other liquor; I said I never drink any spirituous liquors; then he call'd for some wine for me, and asked if he could have a bed that night? the waiter told him he must pay two shillings for it; he said something else, but I did not understand it. The mistress of the house said, Nancy, I would have you go home: when I got up to go away, he flung down the money for the beer and wine, and followed me; when I got to my own lodging, I said, Sir, you can't stay here all night: he pulled out his watch, and said he had no money: said I, then how could you go to a house and ask for a bed for you and me. if you have no money: he said he would leave his watch for half a guinea till morning; after he had done what he wanted to do, then he wanted his watch, and made a noise for it: my husband hearing him, came and put us both out of the house together: after that he was sociable again.

Q. to constable. Is the soldier the prisoner's husband?

Constable. The soldier owned de did live with her, but she was not his wife.

Acquitted .

568. (M.) John Pinchin , otherwise White, otherwise Painter , was indicted for stealing one linen apron, value 6 d. three linen pockets, value 6 d. three iron keys, value 2 d. one iron hammer, value one penny, and 33 s. in money, numbered , the property of John Hogg , September 18 . ||

Mary Hogg . I am wife to John Hogg ; I had been out to sell some pease and beans; the man that drove the cart for me, left me at Bow: I was forc'd to get another person to drive the cart home; The prisoner came and said he would work for me; he went and sat down; I desired him to go home. and I would go and get a fresh sack of pease, and put them on the top, and so sell them on the morrow: he would not go till he had had a sleep in my arm chair; I told him my husband was coming home; and he knew my husband did not like him: he then swore by his eyes he would not go without a dram; I took my pocket-apron from under my child's head, and took out some money to send my nurse for a dram; then he said he would go home. I said, if you have a mind to come to work in the morning, do: I got up, and began to look for my pocket, and found it was gone: there was in the pocket thirty-four shillings; I went to his house, and asked him for it; and said, if he had spent a crown of it. I would past that by: then he swore he had been in bed with me two hours, and would not give me my apron, not any thing else. The constable would not take charge of him: I got a warrant and took him up two days after.

Mary Carnon . The prisoner came into my house yesterday was a month, and asked for a pint of beer, between ten and eleven in the evening, on a Tuesday night; he gave me a six-pence to change; he went round to the corner of the box, and picked out a white pocket-apron, and untwisted it, and turned out a quantity of silver, and three keys: he did not say now he came by it.

Q. Where do you live?

M. Carnon. I live in Featherstone-street, Bunhill-row.

Q. to prosecutrix. What day did you lose your pocket-apron?

Prosecutrix. On the 18th day of September, on a Tuesday night; I had three keys in my pocket, and a hammer.

John Salmon . I was drinking a pint of beer at Mrs. Carnon's; the prisoner came in with a pocket apron, and turned all the money out on the table: I heard the money rattle, and there was a quantity of silver and half pence: I was at a distance, and did not observe any keys: the apron was a white one.

Prosecutrix. Here is the fellow to it. (Producing a white one).

George Bulmore . I am a constable. I had the prisoner in custody; coming back from the magistrate, he owned he took the money.

Q. Did he say how he took it?

Bulmore. No, he did not.

Q. Did he say how much?

Bulmore. No, he did not: he owned he had the money that she accused him with.

Q. How came he to tell you that?

Bulmore. That came in discourse: there was some wrangling with them; he said, he had laid with her, and afterwards he denied it

Q. Did he say he had it on that account?

Bulmore. No, he did not pretend to say that.

Prisoner's Defence.

I worked for her a year and a half; this very coat I have on, she bought, unknown to her husband, and he is jealous of me, and she wants to swear my life away.

Prosecutrix. That is all false. I never bought a coat for him: he has been the occasion of my husband using me very ill.

Bulmore. Hearing of those wrangles, I enquired the woman's character in the neighbourhood, and was informed she has a very good one; this I heard no longer than yesterday; and I heard the prisoner say afterwards, that she never bought him any cloaths.

Guilty . T .

See him tried before, No. 415. in Alderman Bethell's mayoralty.

569. (M.) Eleanor, wife of Owen Carroll , was indicted for stealing one silk gown, value 2 s. and one muslin neckcloth, value 4 d. the property of Francis Tool ; one linen shirt, value 18 d. and one pair of silk stockings, value 2 s. the property of Sir Thomas Newcomb , Bart . two linen shirts, value 3 s. and one pair of silk stockings , the property of a person unknown; September 17 . ++

Mary Tool . I am a laundress . The prisoner lived in the house with me, and worked for me. I missed things, but she would own to nothing, till I missed my own silk gown; then she owned she had taken that, and said if I would let her have half a guinea, she would go and fetch it. I took her up; then she owned where the other things were, and brought me to the place where they were.

Q. What did she confess?

M. Tool. She confessed she took my gown, a neckcloth of my husband's a shirt and pair of silk stockings of Sir Thomas Newcomb 's; and a shirt and pair of silk stockings of a gentleman that I wash for; I don't know his name; he is an attorney. At Mr. Gunston's, we found my silk gown; a pair of silk stockings of Sir Thomas Newcomb's, a neckcloth and shirt; and at Mr. Watson's we found a pair of silk stockings and two shirts.

John Collier . I live with Mr. Gunston, in Germyn-street. I took these things in of the prisoner at the bar. (Producing a silk gown, a pair of silk stockings, a neckcloth, and a shirt. Deposed to by M. Tool, to be the property of the respective owners)

William Cooney . I lived with Mr. Watson, in Coventry-street: the prisoner pledged two shirts, and a pair of silk stocking to me, at separate times. ( Produced in court, and deposed to).

Prisoner's Defence.

I have a bad husband that used me very ill; I have been obliged to run away for fear of my life; he drove me to it.

Guilty . T .

570. (M.) Rose, wife of John Dayley , was indicted for stealing a pair of worsted stockings, value 18 d. the property of John Quin .

The prosecutor did not appear.

Acquitted .

571. (L.) Matthew Watkins was indicted for stealing two silver table spoons, and two silver tea spoons , the property of John Bule , October 9 . ++

John Bule . I live on the back of St. Thomas's Hospital in the borough . On the 9th of this instant, I lost one spoons mentioned, from out of a drawer; the prisoner was my servant nine days: he and the spoons were missing when I got up: about an hour and a half after, a man came and asked me I had lost any thing? I said, I had lost two large silver spoons, and two small ones; I went with him, and found the prisoner and spoons, under the care of a constable.

Godfrey Philips . On the 9th of this instant, I was called to Abraham Abrahams 's, about half an hour after seven o'clock; he had those spoons in his hand: he told me a man had stopped the prisoner with them, and gave him charge of the prisoner. I asked the boy now he came by the spoons? he said he got up about half an hour after six in the morning, and took them out of his master's drawer: I asked him if there was any thing else in the drawer? he said, no; nothing but a tablecloth. He told me his master's name was Bule, and that he lived on the back of St. Thomas's Hospital: he said he was going to sell them, and the man stopped him.

Prisoner's Defence.

I got up about half an hour after six, and took these spoons, and went by the Monument; I saw a man with a blue bag; I asked him silver? he took the spoons, and into his pocket, and ran away: a gentleman heard me cry, and he came to me: the man ran into a lawyer's house, in Duke's Place.

Guilty . T .

572. (L.) Jonas Abrahams was indicted for stealing a woollen cloth coat, value 20s. the property of Andrew Grant , Esq ; October 8 ++

John Grace . I am servant to Mr. Andrew Grant . On the 9th of this instant, I saw the prisoner in the King's-arms yard. Coleman street : I saw him take the coat from the box of the chariot, and carry it towards the gate, and was putting it into his bag: we went and seized him with it.

John Ward and James Hunt , two fellow-servants, deposed they saw the prisoner through the window take the coat, as the former witness had said before.

The prisoner said nothing in his defence.

Guilty . T .

573. (L.) William Robinson was indicted for stealing 9 glass bottles, value 18 d. one pint of rum, value 12 d. four quarts of brandy, one pint of geneva, and one pint of red Port , the property of Jeremiah Wherlings , October 1 . +

Jer. Wherlings. I live at the Bear and Ragged Staff, in Smithfield : the prisoner was chamberlain to me. A gentleman wanted to go out of town, and the prisoner had his spurs in his possession; he being out of the way, my sister went up into his room to look for them: she came down, and told me she had seen these bottles with liquors, in two of his boxes: we went, and found five in one, and four in the other; six with brandy, not quite full, part of a bottle of gin, part of a bottle of red port, and part of a bottle of rum. Some of the bottles were marked at the bottom, with the mark of the Jerusalem tavern, where we have all our wine. When he came home, I sent for a constable, and charged him with it, and he confessed that he took them; he said, he found them in the cellar, and took them from thence. (He has no immediate business in the cellar.)

Joseph Hill. I am a constable. I was sent for to the prosecutor's, on the 1st of this instant; he told me, he imagined he had been robbed by his chamberlain; he sent for him. When he came in, I said, how came you to rob your master? he said he found the bottles in the cellar: we went up to his room, and out of two trunks, we took the bottles; four from one, and five from the other: the prisoner owned he carried them up at divers times, and put them there.

Prisoner's Defence.

I had no bottles but one, with a little gin in it, which a gentleman gave me: I always leave my keys at home, when I go out, and somebody put these bottles of liquor in. My master told me, if I would confess he would forgive me: then I confessed I took them.

Q. to prosecutor. How long has the prisoner been with you?

Prosecutor. He came from the Saracen's-head, in Friday-street, and had been with me about four months.

Guilty . T .

574. (L.) Christopher Macdaniel was indicted for stealing a linen handkerchief, value 18 d. the property of Tho Newhouse , October 15 . +

Thomas Newhouse . My brother and I were walking down Snow-hill , on Monday night, between five and six o'clock. I felt something at my pocket; I clapt my hand down, and put it upon the prisoner's; he had hold of my handkerchief, and I had hold of it too; Mr. Smith coming up, I begged his assistance.

Q. Did he get it from you?

Newhouse. No. I had hold on one end, and he the other.

Q. Was it ever out of your possession?

Newhouse. No, it was not.

Benjamin Smith . Last Monday, about half an hour past six at night, I met with Mr. Newhouse at the bottom of Snow-hill; the prisoner and he were struggling together; he said to me, this man has picked my pocket of a handkerchief. I saw the handkerchief in Mr. Newhouse's hand.

Q. Did you see it in the possession of the prisoner?

Smith. No, I did not.

Acquitted .

575. (M.) Abraham Wood was indicted for feloniously forging and counterfeiting, and willingly acting in the same, a promissory note, with the name of William Edwards subscribed thereunto, purporting to be a promissory note, to pay the sum of 10 l. to him the said Abraham, and Thomas Muckle ; and for publishing the same, with intent to defraud the said Wm Edwards . *

William Edwards . On the 18th of July, there was an advertisement in the news-paper, setting forth, that a man might get an hundred a year, by advancing 40 l. and the person to apply to the Golden Leg, in Long-acre. I went there: there was Muckle, and the prisoner Wood: it was a good while before they would admit me into the room. I asked them, how they could make it appear, that I should get an hundred a year? they said. they would make it appear, or return me my money again. I said, how is it? they said, as the advertisement expresses it. They wanted a partner in an employment, and by his advancing 40 l. as a premium, it would bring them in an hundred per annum, and near half his time to spare; none but principals need apply. and the money ready. I told them, I could not advance the money myself, but I had a friend would lend me a little money: they said, they would go with me to him; I went, but he was not at home. I went back again in about half an hour after, and met my friend, and told him what I had been about; he said, if you engage with them, they are the biggest villains in London, and you will be ruined. I went and told them I could not raise the money, and so could not be engaged: they shook hands with me, and I went back. Three days after, being the 21st of July, there came Muckle, Wood, and another man, to the end of Warwick-court, where I was: they said to me, do you know this man? no, said I, I never saw him before: said they, we have a note against you for 10 l. and you must pay it, or go to gaol. Said I, I made no agreement with you, and I owe you nothing. They were for taking me away, but I begged of them to let me go into a publick-house, and we went into the Griffin, in Holborn. They shewed me a note; my name was in it: I could not deny the name; said I, you are villains, and laid hold of Muckle; Wood and the other ran away; I secured Muckle, with the assistance of the landlord of the house and another person. They said, they had a writ against me, and were going to drag me to gaol. Here is the note. It is read to this purport:

"I promise to pay to Abraham Wood , and

" Thomas Muckle , Ten Pounds, upon demand,

"for value received, this 18th day

"of July, 1764.

" William Edwards ."

Here is another paper which we found upon Muckle. (Producing half a sheet, with a piece of the lower corner on the right hand taken off, about half the breadth, and about four inches deep).

Edwards. The paper they got me to write my name to, was about the size of this; it was compleat, and I signed no other: they said nothing to me about a promissory note. (The paper inspected. It appeared to be a memorandum of an agreement of a partnership, where Wood and Muckle were to be partners with the person taken in.) They told me the trade was in the brokery way: they drew up a rough draught, as they called it, and I wrote my name at the bottom; if this is the paper, I wrote on that part that is wanting: Wood and Muckle's names were above mine.

Cross Examination.

Q. Did they not talk to you about paying ten pounds?

Edwards. No, they did not.

Q. Look on this note; is this your name?

Edwards. (He takes the note in his hand.) It is.

Q. Did you read what was over it when you signed it?

Edwards. They said, it was how they bought and sold their goods, and they wanted a sober man that could write; they asked me to write my name, and I wrote my name to such a paper as the large one, not to the promissory note; they called it a rough draught.

Thomas Keyo . The prisoner and Muckle came to my house, about a week before this advertisement was put into the paper; they asked me leave to let them make use of my name in an advertisement in the papers: I was part of the time in the room with the prisoner, Muckle, and Mr. Edwards.

Q. Did you hear any conversation that pass'd?

Keyo. I heard them talk of buying and selling of goods, and taking and letting chandler's-shops, and publick-houses. I saw Muckle writing a paper; after he wrote it, he handed it to Mr. Edwards; he put his hand in his waistcoat-pocket, and took out his spectacles and read it: after which, he said it is all well, or all right, or something to that purpose.

Q. Did you see him write any thing?

Keyo. I saw him write his name at the bottom of the paper.

Q. How big was the paper?

Keyo. It was a good large sheet of paper.

Q. Were there any other names to it?

Keyo. I can't say whether there was or not.

Q. Describe the size of the paper.

Keyo. It was larger than this promissory note, I really think it was the size of half a sheet of paper.

Q. to prosecutor. How many papers did you sign your name to?

Prosecutor. I signed my name to only one.

Q. Was there any notice taken about a forfeiture?

Prosecutor. No, there was not.

Q. What hand had the prisoner at the bar in this affair?

Prosecutor. He and Muckle both told me they were partners.

Q. How came you to write your name?

Prosecutor. They wanted me to write my name, that was all they wanted.

Q. How came this paper pasted to the back of the note?

Prosecutor. When Muckle found I would take him in custody, he snatched it to get it. and tore a piece off; so Mr. Alderman Dickenson's clerk pasted that paper behind, to stick it together, as it was before,

Prisoner's Defence.

I cannot write my name as any body can understand it: I have business enough of my own; I have more business than I can do; I keep a public-house; this man agreed to give us 40 l. I went down stairs, and when I came up again, they had made a little bit of an agreement: after that, it was handed to Mr. Keyo, till the afternoon: after that, the prosecutor would have nothing to do with it.

Q. to Keyo. Had you the paper in your possession afterwards?

Keyo. They handed the agreement to me; I believe the note of hand was with it. Muckle called for it in the evening; I had put it into a corner cupboard; I went and delivered it to him.

Q. Was this paper whole, or as it appears now?

Keyo. Muckle tore off some part of it; I cannot say I know a note of hand, because I cannot write.

Prisoner. Muckle told me there was a note of hand at the bottom of it, and the man was to pay 10 l. if he did not come back again, in such a time; he certainly gave that note: I wish I may be hanged in chains if he did not.

Acquitted .

See Muckle tried, No. 454. in July Sessions.

576. (M.) John Bland was indicted for stealing a silver watch, value 20 s. the property of John Quick , October 4 . ||

John Quick . I live in Whitechapel-fields . I went from home, on the 4th of this instant, and at my return, at about three o'clock, I found my compting-house broke open, and my watch missing: I had employed the prisoner the day before. I pursued him, and took him, and offered him him half a crown if he would tell me where the watch was; by which means I got part of it again. I found one of the cases at a chandler's-shop, in Spittal-fields; the prisoner had sold it to the woman for 6 d. and he had bruised the other case, in order to get the work out, that a person had stopped, but the remainder of the watch I cannot find.

Prisoner's Defence.

I found the door open, and took the watch, and sold part of it at a chandler's-shop. I am fourteen years old.

Guilty . T .

577. (M.) William Carey was indicted for stealing one rug, value 6 d. one pillow, value 6 d. one tea-kettle, value 6 d. one hatchet, value 6 d. one wainscot table, value 18 d. one wooden stool, two spades, one shovel, and two hoes , the property of Thomas Bailey , June 18 . ||

Elizabeth Bailey . I am wife to Thomas Bailey . The things mentioned in the indictment were taken out of a little summer-house, in our garden, about ten weeks ago; I found the table, the bed, tea-kettle, rug, and blanket, at Mr. Davis's. We were sent for one day to the Barking-dogs, in Moor-fields; there I heard the prisoner say he had sold the table to Mr. Davis, and that he was employed as a porter to another man; but he said, that man could not have told how to come at them, had it not been for him.

Edward Webber . I was coming by the Barking-dogs, the day the prisoner was taken up: I was informed they had got a man there, that had confessed he had robbed Mr. Bailey's garden. Mr. Bailey being an intimate friend of mine, I went in: said the prisoner, I was concerned with one Lovell, who was transported last sessions. [See No. 498.] this arose from a quarrel betwixt the prisoner and one Delvin: [See him an evidence on the trials of Castle and Farmer, No. 519, 520, in last sessions-paper] the prisoner desired me to go down into the garden, and there shewed me a little white house; there, said he, we took a bed, a table, and some garden tools; I was to have a shilling to carry them, and was to sell them to Mr. Davis, as my own property, because he knew, Davis and his wife would not buy them, if they knew them to have been stolen: we took him before Sir John Fielding : there was an account in Sir John's books of these things: we went to the house of Mr. Davis, and found some of the things; Mr. Davis and his wife are very honest people, and would not buy any goods that they knew to be stolen.

Mrs. Davis. I bought a table of the prisoner at the bar, about three months ago: he said, it was his own; he said he was going to sell all his goods, and was going to Coventry, to service. ( The table produced, and deposed to by E. Bailey.)

John Welch . I was coming up the walk, from Whitfield's tabernacle, and was told a man was taken up, for robbing Mr. Bailey's garden; I went into the room where he was; he was very impudent and saucy; he looked through the window, and said, have you ever a garden here? he laid hold on the breast of my coat, and said, come along, I'll tell you something for your advantage: I went with him down Mr. Sidaway's yard: he placed himself facing Mr. Bailey's garden, saying, that is the place where we took the things. I was employed as a porter, and sold the things to the brother-in-law [to Lovell]; had he sold them, they would have found him out; he mentioned what things they were. I said, where is this brother-in-law? said he, that is best known to myself.

Welch. I asked the prisoner what business he followed? he said, sometimes I am a watchmaker, sometimes a shoemaker, and sometimes a thief: I said, how do you live? he d - 'd his eyes, and said, I am a thief, and Sir John Fielding knows it.

Prisoner's Defence.

Lovell and I were acquainted together; I worked very hard for my bread: his wife being very near her time, said; he should be glad to sell these things to his brother-in-law (that is Mr. Bailey): he bid me go and tell them the table was Lovell's. He stood at the end of the street, and never came up; his sister and he had some words. I sold a table, a bed, bedding, and joint-stool, Lovell paid me a shilling for my trouble: I know nothing of the robbery. He came to me one Sunday, and desired me to take a walk with him to Duke's Place; I went with him. When he came there, he asked the Jews whether they would buy such and such things? they said, they would fetch people that should buy them. They went, and brought three men that belonged to Sir John Fielding ; they went together to a public-house; they said, they would give ready money, bring what they would. Lovell said, he would go and fetch the things, if they would lend him a bag; they fetched a bag, and he went and fetched the pewter plates that he was tried for last sessions; he put a price upon them: they said, they must go and get change for a quarter of a guinea: they went out, and got a coach, and brought him and I to the Blakeney's head, by Sir John Fielding 's. Sir John asked him, if I was concerned along with him? Lovell said, I was not: they desired me to be kept in custody: I said to Lovell, this is a very hard affair, that I should be confined by your means; he said, Carey, I cannot help it. I said, these things that you were concerned in, that I sold, were they stolen? he said, he took them from such a place. When I came before Sir John Fielding , on the second examination, I told Sir John of this robbery being committed by Lovell, and that he hired me as a porter; he told Sir John I was not in any respect concerned in taking them out of the garden. Sir John discharged me, and as soon as the sessions was over, William Delvin , who was evidence last sessions, finding where I was, came and quarrelled with me, and said, I spoke of this affair, and never was taken up; upon this, I surrendered myself up. I was detained about four or five days, and when brought before Sir John Fielding , I was there three hours, and examined; nobody came, and Sir John gave me my discharge: and while my hands were untying, Mr. Webber came in, and said, the prosecutor was very ill in bed, but he would go and fetch him. Then Sir John left it to this court.

Guilty . T .

578, 579. (M.) James Wright and William Shittle were indicted, together with John Wright , not yet taken, for making an assault on William Mell , on the King's highway, putting him in corporal fear and danger of his life, and violently taking from his person two clasp knives, value 6 d. one brass inkhorn, value 6 d. one worsted purse, value one penny, one linen purse, value one farthing, and two-pence three farthings, in money, numbered. the property of the said William , October 5 . ++

At the request of the prisoners, the witnesses were examined separate.

William Mell was called, and did not appear. His recognizance was ordered to be estreated.

Martha Wolfe . I was in company last Friday night with William Mell , in a public-house, the Marquis of Granby's Head, in Chick-lane.

Q. What is he?

M. Wolfe. He lives servant with a brewer ; I was with him all the afternoon: the prisoners came to the door to me, and James Wright said, Wolfe, give me a dram; I gave them each a glass; we had a quartern between us three: after that, a young girl in company said, the man has money, I'd have you rob him? No, said I, I will not do any such thing. Said she, this young man, in his own hair, that I gave a dram to, will do it, if I would let him.

Q. Did Mell hear that?

Wolfe. No, he did not; it was whispered in my ear. Then Wright said, let's go to another house: we went then to the One Tun, in Chick-lane; Mell went with me.

Q. Was he drunk, or sober?

Wolfe. He was middling, between half and half; I had hold on one of his arms, and Wright on the other: Shittle went with us. Then John Wright came (he is not in custody); they called him in: John Wright said, has he got any money? I said I saw money: then we went on, and down the road together; we went in at a public-house, just by Battle-bridge, and had a pot of beer; then they said, let us take him down the road; when we came down the road, James Wright held Mell by one arm, and I the other: the first thing done, was, I picked his pocket of a purse, and five farthings; that I took out of his right hand pocket: I held his arm with my right hand, and picked his pocket with my left hand: he struggled very hard at the time. When Wright found he struggled, he said, You had better let her take it; for if you do'nt by fair means, you shall by foul: then I felt in his breeches pocket again, and took out another purse (a sort of a net-one) made of pack-thread; there were two pieces of money in it; one seemed to be half a guinea; John Wright snatched it out of my hand, and gave it to Shittle: I took two clasp knives, and a brass ink-horn, out of his waistcoat pocket: after that, John Wright sharped a knife upon a stone, and began to be very resolute, and said, if I did not rob him, he would kill the man and me too: the others said, no, don't take his life. Then we left him in the middle of the road, and went to a publick-house and divided the money. I said, you have got half a guinea; Wright said, you b - h, here is no half guinea; we will have you taken and hanged. Shittle took the purse, and threw it in the fire, and John Wright picked it up.

Q. What public house was this?

Wolfe. It is an ale-house near where the robbery was done: they would have murdered me, if I had not run away; I don't know the sign: there were six of them came about me: there were the two prisoners, John Wright , Joe Makedy , and one Sarah, a creature he keeps company with, and a woman that the prisoner Wright keeps company with; they call'd me all the b - s, and swore they would kill me, or have me taken up and hanged. I went home; the prisoners came into Chick-lane, and told people, if ever they met me, what they would do to me, and on the Saturday night I went and resigned myself to Mr. Deleney. The first that I had apprehended, was the woman that James Wright lives with; she sells goods that he steals: we went before Justice Girdler; he admitted me an evidence; then we found the prosecutor, and he swore the same as I do. This was the first time I ever was guilty, and my conscience pricked me; and I do this to serve my King and Country.

Shittle. This evidence lived with Anthony Carrol , that was tried last Sessions.

Q. How came you in company with Mell?

Wolfe. He was drinking in company, and I was a disorderly woman; he asked me to drink, and I kept him company all the afternoon. Shittle owned before the Justice, to his being down the road with me.

Israel Wolfe. I am father to Martha Wolfe : last Friday I was in search of the prosecutor, to find him, in behalf of my daughter; I found him in Chick-lane: I asked him whether he had been robbed by any person? he said, yes: I desired him to go with me to the constable; he would not: I went and told the constable where the prosecutor was; he said he had no right to go there, for that was in the city: he said, if I could get him to come to him in good will, well and good: I and another person went and got him to come; then he opened all the story; then the constable said, he must get him to go along with him, to Justice Girdler: we went first to New-Prison: as soon as he came there, he knew the evidence and James Wright ; saying, that is the man that had hold of my arm, upon the spot where I was robb'd. Wright said, can you say so? he said, yes; you are the man: and as for Shittle, he said he was with them, and walked up and down round him; but never meddled with him: he said there was another man drawed a knife out, and sharpened it on a stone; and James Wright said at the time,

"you had better be easy, or we'll make you

"easy:" and after they had got what they could, they let him go; and he went one way, and they another. We went to Justice Girdler; the prosecutor said the same there: the Justice asked him where he lived? and whether he had any body to be bound in recognizance for his appearing to prosecute? he said he had not: then the Justice said he must send him to a place of safety till the trial came on: he agreed to go to Clerkenwell Bridewell: this was on the Friday night: I went to the Justice after that, and the Justice told me he had sent for him, and examined him again; and he had made a greater discovery than before; and he had set him at liberty, and given him a crown to support him, and bound him over in his own recognizance: I have been to search for him, and he is not to be found.

John Deleney . I am headborough of the parish of St. Sepulchre; I had a prisoner in custody; this girl Wolfe applied to me in Chick-lane: she said she had been an accomplice with three men in a robbery; and if I would take her into custody, she would shew me where they were. She carried me to the Castle, opposite Chick-lane; there she shewed me the two prisoners, and gave me charge of them, for committing a robbery at the upper end of Gray's-Inn-lane; they were examined before the Justice: there she told the particular place; the Justice was not satisfied till she would go with me and show me the place, which she did; she said they robbed the man of two clasp knives, some farthings, and two purses: I think she said she went to the sign of the Yorkshire Grey, and the robbery was done near the Foundling Hospital burying-ground: that John Wright took out a knife and whetted it on a stone, and said, if she did not rob this man, he would kill her; and she accordingly did rob the man: and that those men which were at her elbow conveyed the things away immediately.

Q. What answer did the prisoners give to this?

Deleney. They did admit they were at the Yorkshire Grey with her about the hour she mentioned; that they did go up to the upper end of Gray's-Inn-lane, but they denied the fact of the robbery: his worship was satisfied they were accomplices; they were both examined separate; they both owned to the same purport. Mell was found the next day, and he went before Justice Girdler; the Justice would not examine him till such time he sent for the prisoners; they were brought face to face: Mell said he knew Wright very well; but as to the other prisoner, he was in a doubt about him, because it was dark, or something like it; he said there was another person in company; the Justice asked him if he was certain he was robbed? he said he was, of the things mentioned: he was bound over, and sent to Clerkenwell for security, to give evidence here.

Thomas Pentilow . I am servant to the keeper of New-Prison: last saturday was se'ennight, I was in company with Mr. Deleney: we had a man committed to New-Prison; he said he could discover a set of very bad people; we went down to Chick-lane, to the Marquis of Granby's Head; this woman, Wolfe, was in the house: going up Black-Boy-Alley, she came running after us, and said, It is a pity the innocent should suffer; I can open such a scene of villainy, that will take me up some time, of a street-robbery. She shewed us the two prisoners; we took them in custody, and carried them to New-Prison; they were taken on the Monday before Justice Girdler; she charged them with a street-robbery in Gray's-Inn-lane; she said she had been along with a man, and the two prisoners and another man were with her, at the Yorkshire Grey, at the corner of the road; that she got hold of him, and led him up to the Blue Lion, and turned round the corner; that one of the men drew a knife, and sharped it on a stone, and insisted on her robbing the man, and accordingly she did rob him; that there were some farthings, a couple of clasp knives, and a canvas bag, or something of that sort, taken from him; that then they took hold of her, and swore, if she did not give the things to them, they would kill her with the knife. When the prisoners were examined, they did not deny being in company with this woman; but they denied that of the robbery.

Wright's Defence.

Last Friday se'ennight, about half an hour after four o'clock, Shittle said he had been at work at New Cross, Deptford; he asked me if I would drink part of a pint of beer with him, we went to the Marquis of Granby's head; the girl Wolfe was sitting in company with a man much in liquor; she said, young man, if you will see this man home, I shall be obliged to you: I took hold of one arm, and she the other; we went down to the One Tun, and had a pot of beer; she paid for it; then we went to the Yorkshire Grey; there we had another; I came away and left the man, she, and John Wright together; I knew nothing at all of this till next night: I believe I got home about ten o'clock.

Shittle's Defence.

I had been at work at New-Cross, Deptford; and having not seen this young man for some time before, being taken with an ague and fever, I took the opportunity of going to see him; I went about four in the afternoon to Chick-lane to drink a pot of beer; he said, he would have a dram; we had a halfpenny-worth each; we saw this girl, with a man by her side very much in liquor; she said, he was going somewhere up Holbourn; we went to see him home, at her desire; when we got to the Castle, we had a pot of beer; the man had no money, the girl paid for it; then we went down Saffron hill, and at the Yorkshire Grey we had another pot of beer; we went a little way beyond that, and then left John Wright , this woman, and the man together.

Q. to Wolfe. At what time was the robbery committed?

Wolfe. That was committed between the hours of 7 and 8 in the evening.

For Wright.

Peter Wolfe . I live in Hand-Alley, Bishopsgate-street.

Q. What are you?

P. Wolfe. I am a weaver: I have known Wright two or three years.

Q. Upon your oath, what character does he bear?

P. Wolfe. I can't say I ever knew him to do any harm.

Q. What is the general character that he bears?

P. Wolfe. He is a man that works for his living.

Q. Answer, is his character a good one, or a bad one?

P. Wolfe. I had rather be excused than to say any thing.

Both Acquitted .

580, 581. (L.) John Jones and Alexander Bourk , were indicted for forging and counterfeiting an order for the delivery of goods, to this purport, "September 23, 1764. Sir, please "to deliver my work to the bearer, Lydia Bell ;" and publishing the same, with intent to defraud the wardens and company of goldsmiths , September 24 . +

John French . Mrs. Lydia Bell is a silver-smith; I work for her; I made two silver tankards and two silver cups, with covers, for her, and delivered them to John Harper , her apprentice, to carry them to Goldsmiths Hall to be marked; they never were returned: the prisoner Bourk was Mrs. Bell's apprentice; but had gone away for some time: it is usual for the person that carries it to go for it again, with a note.

Q. How is that note commonly worded?

French.

"Please to deliver to the bearer my

"work," and commonly the species of work is mentioned. If work is mentioned, we look upon it the same as if it mentioned the proper species of work: the apprentice, John Harper , generally writes the note in Mrs. Bell's name.

Court. Look at this order. (The order put into his hand).

French. I know her hand-writing well: this is not her hand-writing, nor like it. It is not Harper's hand-writing. It is not the hand-writing of any person that belongs to Mrs. Bell; she has no servant but me and the apprentice Harper.

Q. How long is it since Bourk lived with her?

French. He lived with her about two months before; I believe he went away about Bartholomew-tide.

Q. Is it usual in the trade for apprentices to write the note?

French. It is.

Q. Can Bourk write?

French. I don't think he can.

John Harper . I am apprentice to Mrs. Bell; I carried two silver cups, and two straight bodied tankards, and two covers, to be marked at Goldsmiths Hall, on Monday the 24th of September, and delivered them to Mr. Townraw.

Q. Have you ever seen your mistress write?

Harper. I have, many a time.

Court. Look at this order. (He takes it in his hand).

Harper. This is not her hand-writing; this is dated September the 23d.

Court. Here is another paper; look at that. ( He takes it in his hand).

Harper. This is my paper, that I carried with the plate.

Q. When is that dated?

Harper. This is dated September 24th.

Q. Who writes the order for plate to be delivered back again.

Harper. I write them, by my mistress's order.

Q. Does Mr. French write any?

Harper. He has wrote none since he has been with my mistress, as I know of.

Q. Is this order for the delivery of it your hand-writing?

Harper. No, it is not; I went twice, in order to bring the plate back; the first time I went, they told me it would be two hours before it would be delivered; that was about four o'clock: I went again about six, then the work was gone.

Q. What do you mean by work?

Harper. I mean the plate that I left at the hall.

Q. How do you phrase it?

Harper. We write, Sir, please to deliver my work: and commonly mention so many tankards and mugs, spoons, or what they are.

Q. How is that wrote, which you carried in the morning?

Harper. It says,

" Lydia Bell , Fleet-lane:

"two tankards, two cups, weight 83 ounces."

Cross Examination.

Q. Who usually writes the notes, since Bourk ran away?

Harper. I write them.

Q. How long have you lived with your mistress?

Harper. I have lived with her upwards of five years.

Q. Who has used to fetch and carry the plate?

Harper. I have.

Q. Did you, that went to fetch the plate, write the note?

Harper. I did, in her name, by her order.

Q. Did you ever go without a note?

Harper. No: they would not deliver it without a note.

Q. Do you always mention the particular names of the plate?

Harper. I do; but I don't always set down the weight.

Thomas Townraw . I am the senior weigher belonging to the goldsmiths company: I receive plate at the office; I am to take it into my care, and weigh it, and put it into the inward office; to be assayed and marked; after that, it comes to me again. I remember receiving two tankards and two cups of Mrs. Lydia Bell 's, on the 24th of September; (I can't tell who brought it to me), betwixt six and seven; Jones the prisoner came and asked for Mrs. Bell's work, if it was ready; I said yes, where is your note? he gave me this note in question; I read it; the note is as common as any other note we receive in the office; and I delivered the work to him.

Q. Is the word work a usual phrase made use of?

Townraw. It is, too common.

Q. What do you mean by too common?

Townraw. Because the tradesmen will not be agreeable to the office at all times.

Q. What did you deliver to Jones?

Townraw. I delivered two tankards and two cups; he made use of Mrs. Bell's name, he said, for her work.

Q. Would you have delivered the plate to any body except they had brought a note from Mrs. Bell?

Townraw. No, I would not.

The note read.

"September 23, 1764. Sir,

"please to deliver my work to the bearer;

" Lydia Bell .

Fleet-lane, London.

Cross Examination.

Q. What do you mean by being agreeable to to the Office?

Townraw. There is a rule, but I never knew it properly; they should mention every piece; and the weight, I look upon it, for safety.

Q. Had you ever seen Jones before?

Townraw. No, not to my knowledge; the trades-people change their servants so often, that I deliver the goods upon their delivering the tickets; but I had a view of his face twice, while he was there.

Q. You see a great number of people in a day at your office, do you not?

Townraw. I do.

Q. Had Mrs. Bell any other plate there, besides this.

Townraw. She had some small work, such as tea-spoons; that belongs to another officer in another branch.

Q. What did you understand this paper to be?

Townraw. I understood it to be an order from Mrs. Bell, to deliver this plate.

William Bell . I am the junior weigher, in the same office with Mr. Townraw. I belong to the small work: I know Jones, by his coming to the office to ask for Mrs. Bell's small work, on the 24th of September last; I then had three dozen of tea-spoons of Mrs. Bell's in my care.

Q. Did you deliver them to him?

Bell. I said Mrs. Bell had not sent any money with the work when she sent it in the morning, neither should I deliver it to him, for it was not ready: he said, Mrs. Bell sent the money by the boy that brought it in the morning; it was not he that brought it. Then he applied to Mr. Townraw for the large work: I saw him give Mr. Townraw a note, and I saw Mr. Townraw deliver the plate to him: I am certain he is the person.

Q. Do you know the prisoner Bourk?

Bell. I knew him when he was with Mrs. Bell, he brought the work sometimes.

John Bowles . I know the two prisoners; (pointing to them.) I had not been acquainted with them above a week, before this happened; Bourk was an apprentice to Mrs. Bell; he said he used to fetch and carry plate belonging to her to this office: he got a note, and asked me to go with him, on the Monday the plate had been carried to Goldsmiths Hall; he told me he and Jones had been to watch it in; and there was large work and small work went in that day; I told him I would go along with him; Bourk told Jones how to write the note.

Q. Where was it wrote?

Bowles. It was wrote in a cart in Chick-lane, that belongs to Mr. Dickson the Brewer.

Q. Can you write?

Bowles. No; I can neither write nor read: Bourk sent a girl to get a pen and ink; it was agreed upon to go about three o'clock, to get the plate; we all three went to Goldsmiths hall at that time.

Q. Who went in?

Bowles. Jones did; and Bourk and I waited just by: he was in about ten minutes, and came again, and told us, the work was not finished, and the small work was not paid for.

Q. Did you see the note wrote?

Bowles. I did; we all three of us were in the cart; the work not being ready, we all went back to where the note was wrote; we were to go again at six: when we went again, Jones went in with the note, and we staid in a court just by; he seemed to stay a little longer than ordinary, and we went back again to the place where the note was wrote, and Jones soon came to us with the work in a green bag; the bag that the work was delivered in; there were two quart tankards, with lids to them, and two pint cups; Jones gave them to Bourk, and Bourk held them while Jones went to fetch Welch: Welch came (he knew nothing of the writing the note): he took one of the tankards with the lid.

Q. Where does Welch live?

Bowles. He lives in Black-Boy-Alley; he is about the size of Jones; about 17 or 18 years of age.

Q. Did you hear the note read?

Bowles. No, I did not; I heard Bourk say it was to be wrote in Mrs. Bell's name.

Cross Examination.

Q. Was you with Bourk, when he first mentioned it to Jones?

Bowles. No, I was not.

Jones's Defence.

I was on a dung-hill in Chick-lane; there was I, Bourk, and Bowles all together: first of all, Bourk asked me if I had any money? I said I had none at all; and did not know which way to get any: he said he knew which way to get some, and was sure of getting it; he said his mistress used to send plate to Goldsmiths Hall every day: Bowles and he got a note, and delivered to me, and I went to the hall, and asked for Mrs. Bell's work: I was told it was not ready; it would be ready about six o'clock: I went again about six; I asked the Gentleman for Mrs. Bell's work: it was delivered to me in a green bag; I went and delivered it to them; I did not know what was in the bag. I am an apprentice to a watch-maker.

Bourk's Defence.

I know nothing about it; Jones brought me first into it.

For Jones.

Benjamin Odel . I have known Jones between five and six years; I always looked upon him to be a morally strict good lad.

William Odel . I have known him between five and six years; to my knowledge he lived a very regular sober life; his character was always a very just lad.

Ann Jones . I have known him between five and six years, he was a very sober lad, and always behaved well in his master's house.

George Padmore . I have known him some time; I never knew him guilty of misbehaviour in my life.

John Anderkin . I have known him about 12 months; he is a very sober honest lad.

William Carter . I have known him between five and six years; he has been often at my house, and always behaved well, in a very sober manner; I never knew him guilty of pilfering, or any ill.

William Pateman . Jones is now an apprentice to me, and has been almost six years; I never had any reason to mistrust his honesty; I left him in my house with another apprentice while I went to Dover.

Q. Was you in London the 24th of September?

Pateman. I was.

Q. Where was he then?

Pateman. He was away from me then; he had eloped from me.

Q. How can you come to give a person the character of a sober lad that has eloped from his service?

Pateman. I did intend to have mentioned that to your Lordship.

Q. How long had he eloped?

Pateman. He went away from me in August.

Jones Guilty . Death .

Bourk Acquitted .

Bourk was detained to be tried with others, for a conspiracy in obtaining this plate.

Jones moved by counsel in arrest of Judgment, and his sentence was respited till next Sessions.

582, 583. (M.) Elizabeth Hooper , spinster , was indicted for stealing 18 linen handkerchiefs, value 30 s. 18 silk handkerchiefs, value 40 s. 1 silk cardinal, 8 caps, a child's blanket, a child's barrow, 4 yards of gauze, a gauze handkerchief, 4 silk caps, one velvet cap, 12 pair of gloves, 3 pair of leather clogs, 8 linen stocks, 9 fans, 100 yards of ribbon, 30 yards of lace, a child's stay, a silk stomacher, and several other things , the property of Elizabeth Clark , widow ; and Eleanor, wife of Thomas Axtell , for receiving the same, well knowing them to have been stolen , September 12 . ||

Elizabeth Clark . I live in Great Turnstile, Holborn ; I am a millener ; Hooper was in the capacity of a servant to me, about fourteen weeks; she was recommended by her brother, who is gone to sea; my daughter being ill, I went into the country about three months; my servant that I had left with Hooper, was ill while I was gone; when I returned, she said she had much to tell me, that Mrs. Hooper had been robbing me of a great many things: I had her box searched, and found a great many of my things there, I found she had taken something of almost every thing in my shop: she confessed she had sold things to Mrs. Axtell; she owned she had bought many things of Hooper, and all she had by her were delivered up.

Mr. Marsden, clerk to Sir John Fielding , proved the confession of Hooper, taken the 15th of September, before Justice Spinage; wherein was mentioned her taking abundance of things, and selling them at several times to Axtell. The prosecutrix, on her cross examination, said, she did agree before the Justice, that Axtell should be admitted an evidence against Hooper; and that she was bound over accordingly to give evidence; that she acted open, and delivered up all she had by her, and offered to make satisfaction for what she had parted with; that she made it appear before the Justice, that Hooper had imposed upon her, by telling her she had a sister died at Portsmouth, that was a millener, who had lost her the things.

Hooper Guilty . T .

Axtell Acquitted .

584. (M.) Joseph Janes , otherwise Jones , was indicted for stealing a silver spoon, value 2 s. 6 d. the property of John Walker , October 15 . ++

John Walker . I keep the Spread Eagle in Piccadilly ; the prisoner came last Monday, and call'd for a porringer of soop, and after that another, and so on, till he had four; he took an opportunity to take a silver spoon; he slip'd out; the maids had an eye upon him, followed and brought him back; he denied having it, and swore he gave it to one of the maids: he was searched, and the spoon was found tucked under his garter, between his stocking and thigh.

Samuel Morris , who was at the searching the prisoner, confirmed the above account.

Guilty . T .

585, 586, 587. (M.) John Magee and William Powell , were indicted for stealing 146 pounds weight of shot copper, value 30 s. the property of George Pengree , and Edward Ward , for receiving the same, well knowing it to have been stolen , September 27 . ++

William Bell . I am servant to Mr. Pengree; we had some copper came out of the country; it was in a vessel at Brooks's Wharf : I had word brought some was taken away, on Thursday was a fortnight; and on the Saturday, the wharfinger came and told me the thieves were taken, and were to be re-examined on the Tuesday: on the Tuesday we went to Mr. Gruggen's, who had stopp'd the copper: we went then to Justice Berry's; there were Ward and Powell; Powell owned he broke open the vessel with a hatchet, and put the copper into an apron or bag, and took it away; and the next Day they went to Mr. Gruggen's to sell it.

William White . I have the care of the wharf. I remember Mr. Pengree's copper coming up; we frequently have copper of his lying there, to go by the first vessel. One day, I found a hole, about as big as the palm of my hand, broke into one of the casks: I thought it had been some trifling accident, and ordered the man to mend it. After that, I saw the head broke, and a large quantity of the copper gone. I had information from Mr. Gruggen, that there was some such sort of stuff stopped by him: I was ordered to attend the reexamination of the persons; the copper was produced, and it resembled the same sort of stuff as was in the casks. Powell and Ward were examined before Justice Berry: Powell owned it was he, and another person, that had made his escape, that took it: that he himself was going to break the cask, but not doing it so quick as the other thought necessary, the other took a hatchet, and broke it; and, upon hearing a watchman coming by, they went into the necessary-house: after he was gone by, they went and fetched some more, and Ward carried it to sell.

James Shepherd . Two men came to my shop, on Little Tower-hill, at the corner of Queen-street: they had got a parcel of metal; and said, a cask of metal broke in shipping, and some of it fell out, and they took it up, and washed it; that it was what they called shot copper: after that, they said, they could not tell what it was. I gave them 4 s. for twelve pounds: this was last Thursday fortnight.

Q. What two men were these?

Shepherd. Those were Powell and Ward; there is not one person in forty that knows what it is. I never saw any before.

Q. What are you?

Shepherd. I am a whitesmith.

Q. How came you to buy a thing that you did not know what it was?

Shepherd. They told me it fell into the water, and they went in and picked it up; and that it was on purpose for making of brass.

William Gruggen . On Saturday was a week, Ward came to my shop, with a quantity of this copper, and asked me, if I would buy it?

Q. What are you?

Gruggen. I am a founder, and live in East-Smithfield. I said, friend, what is it? he said, really, I do not know. I said, I have been many years in the trade, and never saw any thing like it before. I asked him, how he came by it? he said, they were unloading of casks, the head of one burst, and a great deal of it roll'd into the kennel, and he afterwards picked it up, and the owner seemed not to think much at it. I told him, it did not seem dirty: I put it into the scale, and gave him half a crown for it: he said, he would see and find the other man that had picked up some more: I thought it was brass. Magee and he came again, with a larger quantity; there was thirteen pounds of it, within a quarter, for which I gave them 8 s. 8 d. he said, they washed and dried it. I would have stopped them then, but I had nobody with me. On the Thursday following, a woman came, and said, she had got a small quantity of that metal that I had bought of a man a few days before. I told her, it was not worth my while to buy such a quantity, I wanted it altogether. On the Friday, Ward came and acquainted me they had brought some: I said where are you? he said, over the way: I said, I am settling a little account with a couple of gentlemen, and I'll be with you soon. I sent one of my servants to fetch a constable, but not getting one, I went over myself, and stopped them; there were all the three prisoners, Ward, Powell, and Magee; they had then near an hundred weight. I took them before Justice Berry, and they were committed. In taking them to gaol, Magee made his escape: Powell confess'd before the justice, how he took it, and that he was along with Magee, but not with Ward. He said, Magee told him he lay slugging in bed, when there was money to be got; and, after they had shewed him what money was to be got, he went with him. He said, only Magee and himself were concerned in taking it; Ward brought part of it to sell, though he was not in the robbery.

John Richardson . I asked the prisoners what was become of the copper, that the woman carried to Mr. Gruggen's to sell? they told me, they went and sold it to Mr. Shepherd, for 4 s. the justice ordered a warrant, and I went to Mr. Shepherd: he came along with me, and brought the copper.

Magee's Defence.

I never carried any of the stuff to sell in my life, neither did I take any of the money.

Powell's Defence.

I never was guilty of any such thing before Magee told me I lay slugging in bed, and did not like to get money.

Ward's Defence.

I was not at the taking of it. I went with them to sell it.

Magee and Powell, Guilty . T .

Ward, Guilty . T. 14 .

588. (L.) James Scofield was indicted for marrying Sarah Perry , spinster , his former wife being living . ++

Rev. James Fowler . I am vicar of Horncastle, in the county of Lincoln. I married the prisoner, whom I remember to have lived in Horncastle, to Mary Richardson , on the 16th of November, 1759. (The register-book of the marriages in the parish produced, signed by the parties.)

George Burton . I saw the prisoner and Mary Richardson married at Horncastle: I am a subscribing witness to it. Here is my name in this book, (taking it in his hand): they afterwards kept a public-house there.

Q. Is she living?

Burton. I saw her and the prisoner together at my house, about seven weeks ago. My wife called him backwards, into the brewhouse, and asked him what he meant by a second marriage? his answer was, The rich wife must maintain the poor one; I heard him say it. I knew Mary Richardson a little girl.

Q. When did you see her last?

Burton. I saw her since June last.

John Adams . I am the parish-clerk of St. Mary Magdalen and St. Gregory's together; I remember James Scofield and Sarah Perry were married there, on the 13th of June last: I never saw him before; but afterwards, I frequently saw Miss Perry. I know her very well. (He produced the register-book of St. Margaret, in the said parish.) I saw them both subscribe their names in it, and I was a subscribing witness also. They were married by Mr. Benjamin Pearce , curate.

John Mayhew . I am one of the subscribing-witnesses to the marriage of the prisoner and Miss Perry.

Miss Sally Perry . The prisoner was my father's coachman . He said, he was a single man; I consented to be married to him, and was married to him, at St. Gregory's , according to the ceremony of the Church of England; we lived together some little time, till I discovered he had another wife.

The prisoner said nothing in his defence.

Guilty . B . Im .

589. (L.) Thomas Warwick was indicted for stealing a sattin counterpane, value 5 s. the property of Samuel Phene and Thomas Jones . ++

Acquitted .

590. (L.) John Coward was indicted for stealing a linen handkerchief, value 3 d. the property of John Riley , October 17 . ++

Acquitted .

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

Received sentence of Death, Three.

David Spence - 552

John Carlow - 553

Thomas Fletcher - 545

John Jones 's sentence respited till next Sessions. 580

Transported for fourteen years, Three.

Andrew Ross - 564

William Ross - 565

Edward Ward - 587

Transportation for seven years, Twenty-two.

Thomas Jones - 544

Patrick M'Cartney - 560

John Foulgar - 561

Samuel Dowle - 562

John Shadwell - 563

Matthew Watkins - 571

Richard Smith - 547

Jonas Abrahams - 572

William Robinson - 573

William Squires - 551

Robert Powell - 548

William Jones - 555

Edward Ellis - 556

John Higgins - 557

John Pinchin - 568

Eleanor Carrol - 569

John Magee - 585

William Powell - 586

John Bland - 576

William Carey - 577

Elizabeth Hooper - 582

Joseph Janes , otherwise Jones 580

James Scofield , to be branded and imprisoned in Newgate one year. 588

Acquitted, Thirteen.

Stannynought - 558

Warren - 559

Adkins - 546

Matthews - 550

Davis or Godwin - 554

William Chapman - 566

Wade, otherwise Fowler 567

Eleanor Carrol - 569

Rose Dilly - 570

Christopher Mackdaniel - 574

Abraham Wood - 575

James Wright - 578

William Shittle - 579