Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 September 2014), May 1765 (17650522).

Old Bailey Proceedings, 22nd May 1765.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Over 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 22d, Thursday the 23d, Friday the 24th, and Saturday the 25th of MAY.

In the Fifth Year of His MAJESTY's Reign. Being the Fifth SESSION in the MAYORALTY of The Right Honble Sir William Stephenson , Knt. LORD-MAYOR of the City of LONDON.

NUMBER V. PART I. for the YEAR 1765.

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 Sir WILLIAM STEPHENSON , Knt. Lord Mayor of the City of London; the Honourable Sir Richard Adams , Knt. *, one of the Barons of the Court of Exchequer; Sir John Eardley Wilmot , Knt. +, one of the Judges of the Court of King's Bench; 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.

John Gubbins ,

John Salter ,

William Gates ,

William Clements ,

William Buller ,

David Davis ,

Thomas Philips ,

Percival Philips ,

Richard Wood ,

John Bardwell ,

David Golding ,

George Thompson ,

Middlesex Jury.

Thomas Pickles ,

Daniel Lowe ,

Henry Barford ,

William Neal ,

John Brazier ,

Stephen Sutton ,

John Williams ,

James Phillips ,

Edward Chandler ,

Richard Peele ,

John Evans ,

William Keene . +

N. B. + George Mussen served part of the time in the room of William Keene.

292 (L.) John Reeves was indicted for stealing a copper tea-kettle, value 3 s. the property of Ann Lewin , May 7 . ++

Ann Lewin . I keep the Fleece and Sun, a public house in Threadneedle-street ; the prisoner was in my house; he had a pint of beer, and paid for it; as I was talking to my coal-merchant's clerk, he went out; I observed he had my tea-kettle under his coat; I sent my boy after him; he brought him and the tea-kettle back.

John Daniel . I am servant to Mrs. Lewin; she sent me after the prisoner; I went and brought him back, with the kettle, which was found upon him. (Produced and deposed to).

The prisoner said nothing in his defence.

Guilty . T .

293. (M.) Richard Riley was indicted for stealing a silver boat, value 8 s. two yards of velvet, value 16 s. two linen shirts, value 10 s. and a steel-mounted sword, value 4 s. the property of Francis Boland , April 20 . +

John Boland . I am a weaver ; so is my son the prosecutor: he lives in Elder-street Norton Falgate : the prisoner had been my son's footman , but was turned away. I received a letter from New-prison; I went in consequence of it, and there found the prisoner: he was sent there by Justice Fielding. I knew nothing of his being there till I received the letter: there he confessed to taking the things mentioned in the indictment; (mentioning them) he cried, and said he hoped I would forgive him. I said, I should be sorry to hang him, but chose he should go abroad. He was committed, I found, on account of the boat.

William James . I am a pawnbroker, and live in Glass-house-street: the prisoner pledged this sword with me the 20th of April for 4 s. he said it was given him by a gentleman that he had lived with; he brought about a yard and a quarter of velvet the 31st of December, and had half a guinea upon it; he said he bought it to make a waistcoat of. (Produced in court.)

John Denison . I am an old cloaths-man; I took this piece of velvet out of pawn. (producing another piece.) The prisoner took me there to take it out. Another time I took three shirts out of pawn for him. The first was about a month before Christmas: I knew him before; he said he bought the three shirts in France, and wanted a little money; so I took them out for him: they were in Shoreditch: the velvet was at a pawnbroker's, in Bow-street, Covent Garden. I paid a pound or guinea for the shirts, and four shillings for the velvet; he said he got the velvet also in France, when he was there with his master.

John Boland . I can swear to the velvet and the boat, and nothing else. I know I have seen such a sword as this hanging in the parlour. My son is in the country for his health.

Mr. Hawkins. I am a salesman in Monmouth-street: the other witness and prisoner brought this boat to me to sell. (Produced in Court.) I bought it of Denison for 12 s. Seeing a crest upon it, I bought it in order to find out the owner, suspecting it to have been stolen: after that I took up Denison; he found the prisoner; he was taken before Justice Fielding; there he confessed he had taken the things mentioned in the indictment. He said two shirts and the sword belong to the prosecutor.

Prisoner's Defence.

I was in distress, and took the things, but with intent to get them again as soon as I got money: It was through necessity; I did not sell any of them.

For the prisoner.

Mary Long . I live in Queen's-square, Bartholomew Close. I have known him three years; I never knew any thing bad of him.

Q. What are you?

Long. I am a servant.

Jane Elliot . I live with my sister, a millener in Fleet-street. I have known him two years and a half; I never knew but that he had a very good character.

Samuel Creswell . I am apprentice to the prosecutor; I always took him to be an honest man before this came out.

Guilty . T .

294. (M.) John Sharborn was indicted, for that he, on the 7th of March , about the hour of one in the night, the dwelling-house of John Heath did break and enter, and stealing four pair of worsted stockings, value 4 s. two tin cannisters, value 1 s. half a pound of tea, value 3 s. thirty pounds weight of sugar, value 15 s. and ten shillings in money numbered, the property of the said John, in his dwelling-house . +

John Heath . I am a wheelwright ; I live at Harmonworth , about a mile and a half from Colebrook. On the 7th of March my house was broke open; myself, wife, and three children, were at home; I made all fast over night, before we went to bed; the house was broke open on the back-side; it was a hole made in the plaister: I heard no noise in the night: I keep a shop: I missed near twenty shillings in halfpence and farthings, some stockings, two cannisters with about a quartern of tea in each cannister, and a lump of sugar. The prisoner lives in Longford, about 150 yards from me: he is a sawyer; I had information of him, but did not suspect him, till I saw a pair of stockings on his legs last Sunday was a week, that I thought were mine; then I got a search-warrant, and in a chest I found seven pair of stockings; I can safely swear to them all. I said to his wife, These are my property: I lost more than I laid in the indictment, and I lost two cannisters at the same time; then I said, Deliver them up. His wife denied knowing any thing of them for a great while; at last she went to the top of the stairs; I followed her up, and saw her take them out of some boot-legs. (The stockings and cannisters produced and deposed to.) I know one by part of the rim being unsoldered; we took the prisoner at work in Cranford park: he asked us what we took him up for? we told him upon account of goods found in his house, my property; we took him before Sir John Gibbon ; there he said he bought them: the Justice asked him if he had any receipt; he said, No. He said he bought the cannisters at Staines, and the stockings in his own house, of a man he never saw before; and the sugar at Brentford, but did not know the man's name: there was an old bill left behind, that the hole was broke with; I can't find whose property it was.

Matthew East . I am a constable; I was with the prosecutor on the 17th of May in searching the prisoner's house; there we found all these things here produced; I saw the cannisters taken out of the boot-legs.

Prisoner's Defence.

A Scotch pedlar came to my door, and asked me if I wanted any cloth, stockings, or handkerchiefs; I said yes, if we could agree: he put his pack down on the table, and I bought these things of him; here is the bill of the pedlar's writing; (producing a paper) I did not want for money; I had taken thirty pounds of my tenant a few days before.

Guilty of Felony only . T .

295. (M.) Sarah King , Spinster , otherwise Sarah, wife of Joseph Hinch , was indicted for stealing one pair of linen sheets, value 6 d. a copper tea-kettle, value 6 d. a blanket, value 1 s. a bolster, value 6 d. a brass candlestick, value 2 d. and a smoothing iron, value 2 d. the property of Robert Porter , in a certain lodging-room let by contract by the said Robert, to be used by the said Sarah, &c . May 13 . +

Margaret Porter . I am wife to the prosecutor: I live in Banbury-street, St. Giles's : my husband is a taylor : I let the prisoner the lodging in the name of Hinch, but now she says her name is King: she came about six months ago with her husband, as she then said; his name was Joseph Hinch : the things mentioned are part of the furniture of the room they lived in: I went in for some rent; I saw the bed looked very queer: I missed the blanket, sheets, and bolster; after that I missed the tea-kettle: I took her up the 13th of this instant, and before Justice Welch she owned she had pawned them: the Justice sent her with the constable for them; they returned with them: (Two sheets, a blanket, and bolster, produced and deposed to.)

Q. from prisoner. Did you not lend me a crown to fetch the tea-kettle again?

Prosecutrix. I did; but they drank the crown, and brought nothing home.

Samuel Hants . The prisoner pledged the things mentioned in the indictment to me; the blanket on the 10th of December for 3 s. 6 d. a sheet for half a crown the 15th; the bolster the 26th for a shilling; the tea-kettle on the 2d of January for two shillings: she left them all in the name of her mistress, nam'd Ingham. I knew the prisoner before; she had been backwards and forwards with things as from her mistress: last Monday se'ennight they came for the things that are here; I looked upon the prisoner to be a nurse to Mrs. Ingham, who is lame.

Sarah Wilkinson . I was servant to Mrs. Porter; I put the goods into the room when the prisoner took the room; I know these things to be the property of Mrs. Porter.

Q. When did Mrs. Porter miss any of the things?

Wilkinson. I believe it is about three months ago.

Q. How came it the prisoner was not taken up till the 13th of May?

Wilkinson. There had been words about the work; she worked with my mistress in the making of soldiers clothes; they had words about the work, and about the things; the prisoner and her husband took other people's work, and would not work for my mistress; they worked for my mistress till about two months after she missed the things: she was to work the money out; but as she would work for other people, and not for my mistress, then my mistress call'd upon her for these things.

Q. to Mrs. Porter. How came you, when you knew these things were gone, not to take her up?

Mrs. Porter. Because she sell a crying, and said she would soon get them out again: I expected they would bring them home, but they did not, and the prisoner abused me so that I could not live in my own house for her.

Q. Do you know this Ingham?

Porter. No, I do not.

Prisoner's Defence.

She knew of my pawning the things six months ago, and consented to it, and promised to lend me money to fetch the things again; and after that she took me up upon a quarrel; she had charged me two shillings more than I owed her.

Q. to Mrs. Porter. When did you first know of her pawning these things?

Mrs. Porter. I first knew of it about two months ago: I believe I miss'd the tea-kettle about a month ago; the prisoner never made but one coat for me after I miss'd the things.

Acquitted .

296. (M.) Jane, wife of William Monkhouse , otherwise Jane Murry, spinster , was indicted for stealing a cloth cloak, value 14 d. the property of Jane Gray , April 18 . *

Eleanor White . I keep a green-stall in Clerkenwell; I was in my bed; the girl that owned the cloak, named Jane Gray , was in bed with me. Jane Hutchinson lodged in the room the same night, but then was up and gone backwards: the prisoner lay in the next bed to me; there are two beds in the room. Jane Gray and Hutchinson lay in one bed, and the prisoner and one Cotterell lay in the other bed: the prisoner was almost always first up in the morning, and many things had been missing. I lay with my hand over my eyes to watch. Jane Gray lay at the foot of the bed, with her cloak under her head, that was her pillow: the prisoner put the cloak under her petticoat: this was about six in the morning; Jane Gray was asleep; I saw her turn her back, in order to pin it under her petticoat: Hutchinson came in and asked her what she was doing; she said she was pinning her shift: she got out at the door before I could get at her: then Jane Gray said I must pay for the cloak: I said I would do my endeavour to get it. In about two days after I met the prisoner, and charged her with taking it: she owned she had pawned it for eight-pence, and she would bring it back again. I never got it again. Jane Gray is since dead and baried; the prisoner was taken up last Thursday three weeks.

Jane Hutchinson . I lodged at Mrs. White's at the time; I was gone out backwards for water; I know Jane Gray 's cloak lay under her head at the time; when I returned again, I observed the prisoner sticking a pin in her coats, as she was by Jane Gray 's head. I asked her what she was doing; she said she was pinning her shift. When she was brought back, she owned she knew of the going of the cloak; she said it was pawned for eight-pence, and you shall have it back again.

Jane Smith . I heard the prisoner say, Mrs. White, make yourself easy, I have pawned the cloak for eight-pence, and I'll bring it back again. This was after she was taken up.

Prisoner's Defence.

The poor woman came from the work-house when there was a burying: she got out at the back-door; as to the cloak, I never saw it. She said if she could get eight-pence for her cloak, she would, to pay for her lodging.

Guilty, 10 d . T .

297. (M.) Catharine Smith , spinster , was indicted for stealing a pair of silver shoe buckles, value 14 s. the property of Charles Newman , privately from his person , May 19 . *

Charles Newman . I am a Swede: I am a sailor . Last Sunday night I went into an ale-house, the Three Tuns in Cable-Street ; the prisoner was there; she asked me for some beer: I had been drinking, but was sober; there were other people in the room; a public room: I refused to give her any beer; I said, I have none for you; she said she would set down in my company; I said, no, she should not.

Q. What time of the night was this?

Newman. It was near nine o'clock: I paid for my beer and went out; she overtook me when I was eight or ten yards from the door; there was another woman with her: she said, she wanted to speak to me; I said, then speak; she said, she could not there; they came round me; some pulled me by my sleeves, some pushed me, and by partly frighting me, got me up into an alley, and got me up into some room, up one pair of stairs: there was a candle on the table; there were five or six women in the room; I was frighted almost out of my life: the prisoner was at the head of the gang. They insisted upon my staying all night; I said, I had no money, and must go: they began to come close to me; they got some halfpence from me; I had 4 s. and 6 d. in another pocket; they got it all away, I can't tell how; they were for getting my hat and wig; then they wanted my buckles, they were silver; I took them out and put them into my left side breeches pocket: they insisted upon my staying: I was afraid to fight: I said, let me go and tell my ship-mates, and I'll come again; they would not let me, they pulled me down on the bed, and two or three pulling me about for five or six minutes, the prisoner asked me what I was doing; I said God help me, I wished I was below. Presently they said, young man, you are welcome to go: I felt for my buckles, they were gone: I went to the alehouse, there was the prisoner again: I asked her for my buckles; she said, I might drink some of the beer, but should not have them without I would give her a crown; I said, what must I give you a crown for, I never sat down in your house.

Q. Did you ever get them again?

Newman. No. She said she had the buckles: I said to the master of the house, must I have no help; he said, it was not done in his house: then she said, I should have them for half a guinea; but if I was saucy I should not have them at all. She said, if I would go back with her, I should have them in the morning. I went and staid there; she pulled my cloaths off against my will, and lay by the side of me in the bed: in the morning she asked me for a shilling for my lodging. She took my hat and wig from me: I took them and went away. I took her up next day about 11 o'clock: she said, the buckles were sold for 14 s. but did not say to whom. Peter Smith was by at the time.

Prisoner. He lay with three women, two at one time, and me the last.

Q. What makes you think she took your buckles?

Newman. She took the most liberty; and she owned it.

Peter Smith . I was at the Three Tuns: this man came in and called for a pint of beer; she came and asked to drink with him; he would not let her; he went out, and she after him. She came back in about half an hour, and said, she had robbed a man of a pair of buckles; this she said to some other women: then the man came in and asked her for his buckles; he had a candle in his hand; she said she had got them and he should have them for a crown; he offered her that: then she said, she had sold them for half a guinea; he asked my master to borrow the money, and when it was offered him, she would not let him have them at all.

Q. What is your master's name?

Smith. His name is Oliver Smith .

Prisoner's Defence.

He took me into the ale-house to drink; it is a night-house, where hundreds of unfortunate girls resort; he had but a shilling, which he gave me to get some brandy: there were two other girls which he liked; he went to my room and went to bed with them, and gave me the buckles to pawn; out of the money he gave them 4 s. 6 d. a piece; I saw him give it them when they got up: I left them; and went and treated him with a pint of beer: then he asked me if I would let him lie with me; I said, I would if he would pay me the same he had the other girls; he gave me the same, and I let him go to bed with me.

Acquitted .

298. (M.) Lawrence Scarborough was indicted for stealing a pair of silk breeches, value 6 d. a pair of worsted breeches, value 6 d. one pair of metal buckles, value 9 d. and a pair of leather shoes, value 4 d. the property of Edward Elstone , April 25 . *

Edward Elstone . I live in Grosvenor-square : am butler to Lord Fortescue: I was standing at the next door to my Lord's, and saw the prisoner walking before the door, about half an hour after one, on the 25th of April. I saw him go down the area, and come up again in about two minutes with these things under his arm; I pursued and took him. (The things mentioned in the indictment produced in court.) These he had upon him; they are my property: he took them out of the pantry; the pantry door opens out into the area, and it was left open: I asked him how he came by them; he said a young man had called him down, and said, if he would come down he would give him something: there was but one young man in the house; I called him up, and asked the prisoner if he had them of that person: he said, no; that was not the person.

Prisoner's Defence.

The things do not belong to that evidence, as far as I understand.

For the Prisoner.

Patrick Gibson . I live in Charles-street, Covent-garden: the prisoner used my house; he has laid in my house seven or eight nights; he once owed me twenty-pence, and he came back after he was gone and paid me.

Guilty , T .

299. (L.) Walter Hart was indicted for stealing a wicker basket, value 3 s. six quartern loaves, value 4 s. three three-penny loaves, value 9 d. and six two-penny loaves, value 12 d. the property of Robert Bagnall , May 6 . +

Robert Bagnall . I am a baker , in Cross-lane, Long-acre: my man took out a basket of bread according to custom, and in about an hour and half he returned, and said, his basket and bread were stole: in the morning I saw the quantity of bread advertised: I desired my man to go according to the advertisement to Mr. Smith in Cow-lane, where the basket and bread were; in the afternoon I went myself, and found the basket and bread, six quarterns, three three penny, and six two-penny loaves, all my property. I know nothing who stole it.

Samuel Bushey . I am servant to the prosecutor: I pitched my basket, on Monday the 6th of May, at a pastry-cook's window the corner of Fetter-lane , according to custom, and was gone about a quarter of an hour; when I returned, the basket and bread were stole: I went home and told my master: the next day it was advertised. I went to the constable and told him, before I saw the basket, that it had two notches on the handle; and the bread had the Roman W, a large one: the mark and bread are here now: the mark and bread correspond.

Samuel Barrow . I live in Leadenhall-street, and am a baker: on Monday the 6th of May I sent my man out with a basket of bread; he soon returned, and said his basket was gone again; this was the third I lost. I put on a disguise in order to see for it; I was directed by a brother baker to go to Chick-lane; I asked a baker there if he had seen any such; he said, here is a baker that has almost ruined me, by selling bread cheaper than the standard: I went on, and saw the prisoner pitch a basket and take six quartern loaves, two under each arm, and two upon his head, and go into this baker's shop, named Becket; I followed him into the house; the man and wife took the bread and set it on the counter: the baker's man went to secure the basket; I followed the prisoner towards the basket; and said, do you know who owns this basket; he said, no; he did not know any thing of it. I took him back to the shop; the man and woman began to swear they knew nothing of the prisoner: I took the prisoner before my Lord Mayor: we never got back the six quartern loaves; they swore so, and made such a to do, that I could not get at them. I doubt not but there has been 400 baskets lost within sixteen or eighteen months, with bread in them.

Prisoner's Defence.

They accuse me wrongfully of it; I know no more of it than them that live at Jerusalem.

Guilty . T .

300. (L.) Dennis M'Guire was indicted for stealing a silver watch, value 3 l. one silver chain, and a silver seal, value 8 s. the property of James Sherridon . +

James Sherridon . On last Easter Monday , between eleven and twelve in the morning, I was at the end of Poppin's-alley: I am a milkman : I was with my customers; I met the prisoner; he asked me to drink share of a pint of purl; he brought me in at the Red-lion; I was a little in liquor; he took me out of that to the Plough alehouse ; there he borrowed half a guinea of me: we came out there, and then he hauled the chain of my watch and got my watch, and a shilling and three-pence half-penny out of my other pocket; I said, do not take my watch, for I am capable to carry it home myself. There was a workman, a stranger to me; he said, M'Guire, do not take the man's watch: the prisoner went up Fleet-street, and I went the other way, home. My wife and I went to the prisoner's house in the evening; and I demanded my watch of him; the prisoner said, if I have your watch, I did not rob you of it: a man said, you'll be so good as to return it; no, he said he would not: I went to Mr. Alderman Blackistone in two days after, as I could not get it; he said he would stand a trial with me, saying, you said you would hang me. I took him before Mr. Blackistone; he was at that time acquitted for want of an evidence: he made it out there it was nothing but a drunken sit; he denied having the watch; after that he laughed at me. In two or three days after I took the prisoner up; I took him before the alderman at Guildhall; there he was committed.

Cross Examination.

Q. Are you and the prisoner very intimate?

Sherridon. I never was in company with him but twice; and one time he used me very ill.

Q. Where do you live?

Sherridon. I live in Red-Lion-court, Fleet-street.

Q. Were there not a number of people passing by when he took the watch?

Sherridon. Yes, there was.

Q. Did you never deliver the watch to him?

Sherridon. No.

Q. Did you consent he should take it to take care of it?

Sherridon. No.

Q. Did you call any body to your assistance?

Sherridon. No, I did not.

Q. How much money have you demanded for this watch?

Sherridon. Since he has been in confinement he has sent his friends and offered me some money; they have asked me if I would take any money.

Q. Do you know Richard Leonard ?

Sherridon. I do.

Q. What money did you mention would satisfy you?

Sherridon. I told them my watch and lent money came to 8 l. 5 s. that was for expence and costs to look for him in the city and country; I had had two or three people along with me; I did not think it proper to meet with him alone.

Q. Did you say you would take that money?

Sherridon. No; I did not: I said, I would leave it to the law; as I could not answer it.

Q. Do you know Charles Simpson ?

Sherridon. No.

Q. Did you never tell any body you was so drunk that you did not know what was become of the watch?

Sherridon. No, I did not to any one; that is all a heap of stuff.

Q. With proviso he had delivered it to you the next day, would you have prosecuted him?

Sherridon. No.

Q. Do you look upon it he stole the watch?

Sherridon. He forced it away without my inclination.

Q. Did you ever find your watch again?

Sherridon. No; I never did.

John Dailey . I am a pavior's labourer, and live in Poppin's alley: I was going through the alley between 11 and 12 that day; I saw M'Guire take hold of the chain of the prosecutor's watch, and pull the watch out; he put it from his right hand into his left, and put it into his left hand pocket. I said, M'Guire, what are you about? why do you take the man's watch? said he, I'll take care of it for him: he then put his hand to the prosecutor's breeches pocket; hearing nothing in it, he took hold of his waistcoat, and in the pocket found some half-pence, and put them into his pocket; then he counted fifteen-pence half-penny, and said, fearing the man should go into any company he returned him them. Now, Dailey, said he, I'll give you a pot of beer to see this man home; said I, see him home yourself; you have got his watch. I went over to the Borough to my work, and staid there four nights: when I came home, as my wife and I were at supper, she told me that M'Guire and the other milkman had had a trial at Guildhall that day: I said, did he return the man his watch; no, said she; so I went and told Sherridon that I saw him take it from him.

Q. How long have you known M'Guire?

Dailey. I have known him about thirteen or fourteen months: he lives in Plumbtree-court, Shoe-lane.

Cross Examination.

Q. Was you one that went as a guard with Sherridon to see for the prisoner?

Dailey. I went with him three days.

Q. What had you for your trouble?

Dailey. I never had a farthing; I borrowed six-pence of him, that is all I got.

Q. to Prosecutor. What sort of a watch was yours?

Prosecutor. It was a silver watch, with a silver chain and silver seal.

Prisoner's Defence.

I know nothing at all of the thing they charge me with: Mr. Sherridon and I happened to be together; we had three pots of beer in Poppin's-alley; then we removed to the Plough, in Black Horse alley; he forced me to stay with him: I told him I must go to my cow-keeper for my monthly bill, and I wanted money to pay it; he lent me half a guinea; we shook hands, and he went one way and I another: I went and paid my cow-keeper; and about two o'clock he and his wife came to the Red Lion, in Poppin's-alley; she demanded his watch and 7 s. 6 d. in money; she said, she catched him asleep with his breeches about his heels, and that he had been asleep in the street about an hour; that he could neither stand nor go: after that he came and demanded his watch of me, and 13 s. 6 d; I thought at first he was joking with me; I said, you know what is between us, I owe you half a guinea, and no more: about three or four days after he served me with a summons; I went and answered to it before Mr. Alderman Blackistone; I was there acquitted: after that this Dailey happened to be in the way; then I was served with another summons: Dailey owes me a trifle of money for milk; I had asked him for it; he swore he would be up with me; but I never thought he would be the man that would go to swear my life away: Mr. Sherridon never owned that I had his watch, till after Dailey came and swore I had it: since that Sherridon swears point blank that I had it: I never saw Dailey at the time they speak of, to my knowledge.

For the Prisoner.

John Collins . I live at the Red Lion in Poppin's-alley: the prisoner and prosecutor were at my house on Easter Monday; the prosecutor was quite drunk; M'Guire was pretty sober: about two hours after they were gone, Sherridon's wife came, and said her husband had left his watch and 7 s. 6 d. with me; I said, good woman I do not think your husband is worth a watch: he came in the afternoon; he asked me if I saw any thing of his watch; I said to him, I did not think he was worth one: his wife abused him at my house, and said he had been out all night: she struck him; this was while they were drinking three tankards of beer together in the morning.

Q. Did Sherridon say that the prisoner had taken his watch in Poppin's-alley?

Collins. No: he did not.

Q. What is Dailey?

Collins. I do not know Dailey.

Q. Did you never see him?

Collins. I have seen him go backwards and forwards; he lives near me; but I do not know what character he bears.

Charles Simpson . I heard Sherridon say, a night or two after he lost his watch, he had lost it, but did not know how, where, or when.

Q. Where was this?

Simpson. This was in Mr. Collin's house; he was telling it to a woman.

Q. Did he say any thing about M'Guire?

Simpson. He did not mention a word about him.

Q. Where do you live?

Simpson. I live in Fleet-Street.

Q. What are you?

Simpson. I am a mathematical instrument maker; servant to Mr. Wyn.

Thomas Moran . I am a milkman, and live by the Temple-gate, White-friars: I have known Sherridon about 18 years, I never knew any thing to stain his character till this time.

Q. Is he not to be credited upon oath?

Moran. I can't justly say whether he is or not: last Tuesday was a week he and I were at Islington; we went in at the Angel, and had a pot of beer: before we drank it he said he had lost his watch; he said it had a shagreen case: and nobody being in company but he and I, said I, Sherridon, do you want to bring me into the same line with M'Guire; he insisted I should take off my cloaths and be searched: after I was searched, I insisted upon his being searched, and the watch was found within the knee of his breeches.

Q. Was he drunk or sober?

Moran. He was drunk.

William Leeson . I know Sherridon; I drink a pot of beer now and then with him: I was telling him it was pity to put the poor man to trouble and expence; he said, he was sure M'Guire had his watch; I said, I would give him a trifle on my own account, if he would make it up with him; he said, he was willing to make it up with him for so much money: but M'Guire did not know of my proposal; I did it out of perfect charity.

Q. How did he say he lost his watch?

Leeson. He said he lost it out of a drunken frolick: I have known M'Guire thirteen or fourteen years; he and I have milked both in one yard for twelve months; I never saw anything by him but what was just and honest.

Richard Lenard . I have known M'Guire ever since he was a boy, in Ireland and England; he is a very honest, careful, industrious man; he bears a good character.

Joshua Sharp . I have known M'Guire about six years; his general character is very good.

Peter Murphy . I am a milk-man: I have known M'Guire two or three years; he is an honest man. Sherridon told me he really believed he lost his watch through a drunken fit, and that he was doubtful whether M'Guire had took it or not.

Christopher Duff . I live in White-cross-street, and am a servant to Mr. Calvert, a brewer: I have known the prisoner ever since he was born; I never knew any thing of him but what was honest.

Francis Derham . I have known him twelve months and better. I never knew any thing by him but what was honest.

Acquitted .

301. (L.) Daniel Wing was indicted for stealing a pair of leather spatterdashes, value 4 s. the property of Alexander McPearson , May 18 . +

Mary McPearson. I am wife to the prosecutor; we live at the Golden Boot on Snow Hill ; my husband is a Shoemaker : between ten and eleven o'clock last Saturday night, the prisoner came in and asked for a pair of long-quarter'd pumps: I told him we had none; there was Mr. Houscombe trying on a pair of spatterdashes; he desired me to assist him, and in the mean time I missed a pair of shoes from out of the window: we always lay a pair to each pane of glass. I taxed the prisoner with taking the shoes; he said he knew nothing of them. The gentleman and I searched him; and upon searching him, we found a pair of spatterdashes under his coat, our property. (Produced in court.) They were hanging on a buck's horn just before; we did not find the shoes: as he opened his coat the spatterdashes fell down: the prisoner said they fell from the hook as he opened his arms; but the gentleman stood between the hook or buck horn and the prisoner; we sent for a constable, and he was taken into custody.

William Houscombe . About a fortnight ago, I was coming up Snow Hill; I saw some spatterdashes that I thought of a neat fashion; having an occasion for a pair, I went in and bespoke a pair: it was at the prosecutor's shop: they not being brought home on the Saturday, I went at night for them. When I came into the shop, there was this woman: I tried a pair, but could not get them on without assistance; the prisoner coming in for a pair of pumps, I was unwilling to hinder the business of the shop, and waited some time with one spatterdash half on and half off; the woman thinking the prisoner a trifling customer, as none would please him. she came to assist me again in trying the spatterdash on; but a woman being unhandy, I desired the prisoner to assist me; he did, but we could not get them on. Seeing they would not do, I was going away: the woman being very willing to do her husband's business, said she would have another trial: then her back was towards the prisoner, who stood half within, and half out of the shop. At last, when I found the spatterdashes hurt me, I gave it up, and desired her to tell her husband to wait on me, to make another pair: I think the prisoner had his answer before this: The gentlewoman looked in the window, and missed a pair of shoes: she said to the lad, Leave the pair of shoes you have got. She turned to me, and said, Sir, the boy has stole a pair of shoes. I went up to him, and said, Friend, I believe you are a thief; you shall not go: he threw both of his arms out in a very odd sort of a way; and as he opened his coat, I saw the part of the spatterdash that turns down, of a tan-colour, fall from under his coat: I took the spatterdashes up, and delivered them to the gentlewoman. I not knowing but he might have accomplices, I call'd in two gentlemen that were going by; in the mean time the husband came home; he sent for a constable, and the prisoner was taken to the watch-house; it being in my way home, I went along with them: I said to the constable, it is necessary to search him, to see if he has money enough upon him to pay for a pair of pumps. He was searched, and there were only two six-pences, and a piece of tin bent, so as to appear like a six-pence, found upon him. (The spatterdashes produced and deposed to.)

Prisoner's Defence.

I was a little in liquor; I went to my mother, and desired she would let me have a pair of pumps; she said she would not. I said I would have a pair; she said, then, if you will, go and chuse a pair, and come again after you have tried them on, and I'll give you the money. I went to the shop of the prosecutrix on Snow Hill; she shewed me a pair; I said they would not do; the gentleman desired me to help him on with the spatterdashes; the prosecutrix said, if I would stay till they had done, she would shew me more: then she said she missed a pair of shoes: the gentleman said, it is proper to search him: I threw my arms out, and hit the spatterdashes as they hung up, and they fell down.

Mr. Houscombe and the prosecutrix being both asked again, declared they saw the spatterdashes under the prisoner's coat, and saw them fall from thence; and that Mr. Houscombe stood between the prisoner and the place where they had hung, at the time.

He called Edward Bolter , who had known him fifteen years; John Grimes , five years; John Longstaff and John Cosey , from his infancy, who gave him a good character, exclusive of this.

Guilty . T .

[Branding. See summary.]

302. (M.) Victoire Donvilla , spinster , was indicted for stealing five linen gowns, value 36 s. the property of Margaret Rickaby , April 19 . *

The prisoner, being a French woman, and could not speak English, an interpreter was sworn.

Sarah Shelfe . I am a mantua-maker, and live in Castle-street, Leicester-fields : the prisoner took a lodging of me by the week, at a week's warning; she only staid one night, the 18th of April: the next day she went out, between 11 and 12 in the day. She had lain in the parlour where the five gowns lay, bundled up, mentioned in the indictment, which I made for Mrs. Rickaby, and were ready done up to carry home. I went out about the time she did, but returned in about five minutes, and then missed the five gowns.

Q. Do you understand French?

S. Shelfe. No, I do not, but she spoke English so that I could understand her: there was nobody in the parlour the morning that she went away, but she and I. My husband and another man went about to the pawnbrokers, to give notice, if such should be brought, to stop them; I went about after that, and found the gowns at another pawnbroker's; they sent to us, and we went and secured her.

George Brown . I am pawnbroker, and live in Long-Acre. [He produced five linen gowns, deposed to by Mrs. Shelfe, to be the property of Mrs. Rickaby, and taken out of her parlour at the time she before mentioned, and that Mrs. Rickaby was gone to Warwickshire.] These five gowns the prisoner at the bar brought to me on the 19th of April, before 12 o'clock; she said they were her own; I sent her 1 l. 15 s. upon them.

Prisoner's Defence.

These gowns were in the parlour where I lodged. I asked Mrs. Shelfe what they were for; she said they were to be sold: upon that I said I would buy them, but could not pay for them then. I bought them, and having some money to pay, I went and pawned them.

To her Character.

She called Frances Bolioe , a milliner in Dean-street, and her Husband, John L'Esperance , and Mary Brumley , who gave her a good Character.

Guilty . T .

303. Hannah Russell , spinster , was indicted for stealing a cotton gown, value 4 s. one cotton skirt of a gown, value 2 s. and one sattin petticoat, value 2 s. the property of Richard Graham , April 25 . +

Catherine Graham . I am wife to the prosecutor; we had a room at Mr. Smith's, in Little Eagle-court, in the Strand : I never saw the prisoner but two days before the things mentioned in the indictment were taken away, which was the 25th of April, when I was in bed and asleep, between three and four in the morning; the petticoat was taken from off the bed, and the other things were hanging upon a nail in the room. The prisoner came as a servant out of place , to lodge there till she would get a place; she was absent when I got up: I took her up at the Blue Bell in John's Street: I charged her with taking the things; she said she would make it up: I took her before the Justice; there she said liquor was the occasion of it, and told me where the things were; I went with the constable to the place; they were pledged in her own name. (a gown and petticoat produced in court, and deposed to.)

Henry steel. The prisoner pledged this gown with me on the 25th of April, between eight and nine in the morning, for fifteen shillings. The petticoat was brought by another woman, named Ann Wright , on the 27th.

Prisoner's Defence.

I went to lodge in this house; this woman kept a bawdy-house in Eagle-court; she lent me these things to go out in one night: I was to give her three half crowns a Week, till I could get better for myself; and because I went away that morning, she sent Sir John Fielding 's men after me, and took me up for stealing the things: she was not gone to bed when I came Cut of the house that morning.

Q. to prosecutrix. Did you lend the prisoner the things?

Prosecutrix. No, I did not.

Guilty . T .

304.(M.) John Grant was indicted for stealing a silver blank seal, value 3 s. and one pair of silver clasps, value 1 s. the property of William Robinson , May 8 . +

William Robinson . I live in Great Newport-street , and am a silversmith ; on the 8th of May, about 5 or 6 in the evening; I was in my workshop below stairs; my mother was in the shop above; she knocked for me to come up, I sent my boy up; he came down and said the prisoner was above, and asked to see a pair of stone buttons, which he had seen a day or two before: I went up; he had them in his hand; I asked him half a crown; he said he would give me two shillings. as he was standing there he put his hand to the drawer and took out this blank seal and a pair of silver clasps. I observed the seal to shine between his fingers; I opened his hand and took them out of the palm of his hand. (Produced and deposed to.)When I saw the things, I said, Have you a mind to rob me? he said, in broken English I a rogue! I punish you, you call me a rogue; and denied having any thing at first.

William Smith , apprentice to the prosecutor, deposed be was by at the time, and confirmed the evidence his master had given.

Prisoner's Defence.

I never took them out of the shop.

Guilty . T .

305, 306. (M.) Elizabeth Arthur and Mary Kinnaston , spinster , were indicted for stealing three bunches of mock garnets, value 12 s. one mock garnet necklace, value 5 s. one ear-ring set with garnets, value 20 s. and two bead-collars, value 2 s. the property of John Ranale , privately, in the shop of the said John , May 15 . *

John Ranale . I am a working goldsmith , and live in Shoreditch . This day week, being the 15th of May, about three or four o'clock, the two girls at the bar came into my shop to cheapen some things: I was out; but after the robbery was committed I was call'd home; there were the two prisoners; I asked them what they knew nothing of them: they were searched, and only a single halfpeny was found upon them.

Mary Ranale . I am wife to the prosecutor: the two prisoners came into our shop, and asked the price of a wax necklace; I reached some down, and while I was shewing them to Arthur, Kinnaston went to another drawer in another part of the shop, and asked the price of other things; I bid her let them alone: there were two mock-garnet necklaces lying in that drawer, with several other things; they staid about eight or nine minutes; they bought nothing: after they were gone, a gentleman came into the shop and asked if I had lost any thing: I then looked and missed a mock-garnet necklace which Arthur had asked the price of. I miss'd two bead-collars, three bunches of mock-garnets, and a garnet knob that belonged to a three drop ear-ring. The gentleman said they were gone down the next alley: I sent William Houghton , our boy, after them: the prisoners were brought back, and three Bunches of mock-garnets all dirty, they were searched. and but a halfpenny found upon them: we do not know the gentleman that gave us the intelligence, nor him that met them, and that brought in the mock-garnets; (produced and deposed to.)

William Houghton . My mistress sent me after the two prisoners; I ran and stop'd them. Bringing them back, Kinnaston made a sham to tie up her garter, while the other stood before her to hide her with her petticoats. I saw Kennaston drop something into the kennel, and put her foot upon them. A gentleman coming by, tuck'd up his russles, and took up these bunches out of the dirt.

Arthur's Defence.

I went into that shop to buy a necklace; the gentlewoman ask'd fourteen pence; I bid her a shilling; she would not take it. I am innocent of the fact;

Kinnaston's Defence the same.

Elizabeth buckle. I live in Jewin-street, and am a Midwife: I have known Kinnaston form an infant; she is about thirteen years of age; I had her at my house some time; she left me about fifteen weeks ago; she never wrong'd me to my knowledge.

Both Acquitted .

307, 308(M.) Rosa, wife of Jacob Samuel , and Abigal Samuel , Spinster , was indicted for receiving six silver tea-spoons, value 6 s. the property of Thomas Masset , well knowing them to have been stolen by Thomas Cohan , who was convicted for the same last assizes at Rygate, April 16. ++

The copy of the record of the conviction of Thomas Cohan was read, wherein it appeared, that he was convicted for the same, and received sentence of transportation for seven years.

Thomas Masset . I belong to Messrs. Bird and Co's. yard; they are ship-wrights: I can only say, that I lost the spoons mentioned, and found five of the spoons again in the custody of Mr. Strange, the keeper of Bridewell, in Surry.

John Regan . Thomas Cohan , James Horan , and I were together, to see what we could steal: Cohan went into Mr. Masset's house, and stole six silver tea-spoons; then we went to Deptford and stole some stockings the same night; we came back to the prisoner's house in St. Catherine's-court , and sold her the tea-spoons and two pair of new stockings. First we met Sarah Williams at the door; we asked her if her mistress was at home; we sent the things in by her, and bid her bring out a half a guinea for them; she brought word her mistress would give us but eight shillings; we went away, and after that we agreed to go back and take it; then she would give us but six shillings; so we took that for them: Thomas Cohan went in, and we saw the old woman come out of the back parlour after he came out. She used to buy stolen goods of other boys, but I had not been there before, and I was there a good many times afterwards. I know nothing against her daughter about this affair.

Q. How old was Cohan?

Regan. He was about seventeen years of age.

Sarah Williams . I was a lodger in the prisoner's house; I opened the door and saw the boys had some spoons in their hands; they gave me them to carry in, and two pair of stockings. I was to carry them half a guinea for them; she said she would give but eight shillings; I delivered the spoons and stockings back again, and did not see them after: I went up stairs to my own room.

Q. Did you ever see these boys there at any other time?

S. Williams. I remember seeing them there twice.

John Powell . Mr. Gilham sent me with a warrant to the prisoner's house about six weeks ago; the boy went along with me; I sat down in a chair, and told the old woman I had a warrant to search her house, and asked her about these spoons: at first she said the knew nothing at all about any such things, and did not understand our meaning in coming to her house. The constable went to searching her first; then she pulled out these five spoons from her pocket, and delivered them. (Produced in court.) I asked the boy if there were not six of them; the boy said yes: I asked her about the other spoon, she said she did not know where it was.

William Benton . I went with the last evidence; we told the old woman we came to search for six silver tea-spoons that Regan and two others had sold her: I desired her to let us look in her pocket; then she took these five out herself: I asked the boy if they were the spoons he sold her; he said they were: I looked on the backs of them, and saw the marks had been filed out: I asked her how she came to file the letters out; she said. she had had them five or six years: there was a watch and a silk cardinal found in her house, according to the boy's information; which the boy swore to.

Regan. There were the letters T. M. E. upon the spoons; ( the spoons inspected by the court and jury); there appeared to be the letter T. not quite filed out, upon one of them.

Prosecutor. I can swear to two of the spoons, that with the letter on it. and another by a dent in the edge of the bowl of it, which I had observed before.

Rosa's Defence.

There were spoons brought in by that girl; she said a young man sent them: I would not buy them: after that, on Good Friday, this boy came to me, he asked me if I would buy a little time thing; I said, I would not; he said, he would sell it me cheap: after he found I would not buy it, he said, if I would be so good to let him leave it in my house, he would come and call for it: six days after he came with five officers, and told them where I had put it over the chimney; and said, there is the thing: then he mentioned the spoons: I said, Gentlemen, I know nothing of the spoons; I had only five, which belonged to me; I took these out; then they said, these were the spoons they came for: I bought them three years ago, for old silver.

To her Character.

Phebe Philips . I have known her 15 years, and have been a great many times in her house; I never knew any harm of her: she got her bread by captains of foreign ships; Spanish, and Portugal captains: she speaks French and Spanish.

Jos Philips . I have known the prisoner 20 years; she used to go about with boxes of hardware; she maintained herself and children very handsomely: I never knew any harm by her in my life.

Both Acquitted .

309, 310, 311, 312. (M.) Richard Gammon was indicted, together with John Magennes not taken, for stealing 70 lawn handkerchiefs, value 10 l. 48 linen handkerchiefs, value 3 l. 12 s. 60 pair of worsted stockings, value 9 l. 40 yards of lawn, value 6 l. 7 yards of printed cotton, value 17 s. 3 yards of printed Russia cloth, value 5 s., 3 pair of leather gloves, 3 pair of worsted gloves, 3 worsted caps. and 15 yards of flowered gause , the property of Robert Short : and Elizabeth Holmes , otherwise Truby , for receiving 16 lawn handkerchiefs, 48 linen handkerchiefs, 56 pair of stockings, and 7 yards of printed cotton, part of the said goods ; and Ann Wilder , otherwise Ann wife of John Howard , for receiving 3 pair of worsted gloves, 3 worsted caps, and 15 yards of flowered gauze, part of the said goods ; and John Ablet , for receiving 4 linen handkerchiefs, part of the said goods; each well knowing the said goods to have been stolen , April 24 +

Robert Short . I live in Gray's-inn-lane , and keep a shop in the linen and haberdashery way : on the 24th of April, about nine at night, my shutters were shut; my wife was gone into the parlour to an old woman that was laying ill there, and in that time the goods mentioned in the indictment, (mentioning them by name) were stolen: I went to Sir John Fielding , and got hand bills delivered about, by which means I found out the prisoners, and got a few of the things again; the robbery was on the Wednesday evening, and the evidence was taken on the Friday. I found two odd stockings in Field lane, at one Mrs. Norfolk's, and about a yard and half of lawn: I found 23 linen handkerchiefs in two parcels, in a place called Brown's Gardens, by Monmouth-street; (produced in court.) I can swear to the handkerchiefs to be my property. There were also a pair of stockings found at the house of Wilder, the prisoner.

Jonathan Parker . Richard Gammon , I, and Magennes stole these things.

Q. How long have you known Gammon?

Parker. I have known him about eleven months: I am a gentleman's servant out of place: I lived at Mr. Penyman's, a sadler in Holbourn, as an errand boy; and after that I lived in Leicester-fields. I was born in Berkshire: I got acquainted with Gammon in St. Sepulchre's church-yard; he is about 16 years of age, and I 18: Magennes, he and I were playing at skittles at the King's arms in St. Giles's; that night, when it came to be dusk, we all came together, to see what we could get, down Holbourn, and up Gray's-inn-lane; we saw the prosecutor's door was open, and nobody in the shop; Magennes and I went in; Gammon stood and received the things of us at the door: I went in twice, and Magennes once: we went and put them behind a parcel of tember in a lane just by; then we went back, and I went in; and Magennes took the things of me at the door; we went and carried them to the rest: then we sent Gammon by the door to see if any body was near it; we went another way; and he was to meet us at the corner of a street; but Gammon went back to the timber again; Magennes and I were going by the door; I was going in again, and we saw a light through the door; Magennes said, do not go in any more, for the pitcher never goes to the well so often, but it comes home broke at last; so he would not let me go in: then we went to the goods, where we found Gammon watching them; we took each a bundle, and carried them to Holmes's house; she lodged up two pair of stairs, in Field-lane; there we opened the goods; there was about seven yards of printed cotton, a piece of Russia cloth, about three yards and a half; about five dozen and a half of lawn handkerchiefs, and about four dozen and a half of linen ones, about 50 pair of stockings or upwards, and some childrens stockings; I believe in all there were 60 pair; six pieces of plain lawn, three pair of leather gloves, three other pair, and three caps; there were two or three pieces of figured gauzes, about ten or a dozen yards.

Q. How long have you known Mrs. Holmes?

Parker. I have known her about two months; she buys old cloaths, and sells them again at Monmouth-street and Rag-fair: it might want about a quarter of 10 o'clock when we got there: she bought the seven yards of cotton for a gown, and two small children's pocket handkerchiefs, for 11 s. and two pair of stockings for her maid for 2 s. one black ribb'd, four thread, and the other crimson coloured: we left all the things with her that night; she asked us where we got them, because she wanted to know where to go to sell them; we told her we got them in Gray's-inn-lane: I was recommended to her by others that had employed her to sell such things; we were to have gone to her in the morning, to sell her more things, as she chose to buy them at different times, and bring the money as she sold them: Magennes and I lodged that night at Mrs. Wilder's, in Black Boy-alley: Gammon lived in St. Giles's: we went home directly; Mrs. Wilder was suspicious that we had got some things: Mrs. Holmes came and told Mrs. Wilder there were constables about near her lodging and she was afraid they would searched her room; she brought the things in her lap, all but what she had bought; this was about seven the next morning; she said, the constables had said there were nothing but a parcel of thieves lived there: I and Magennes took the things of her; Mrs. Wilder said, there will be a search about here: she took the things and put them into a wheel barrow, and wheeled it out upon the dunghill, and put two other barrows by them, and covered them up; and said they would not think to search there: we then sold Holmes a few stockings for half a guinea; and a parcel of lawn handkerchiefs for another half guinea; which she took away with her; we trusted to her honour: in about two hours and a half after she came again, we wheeled the barrow into the room and took the lawn out, and let her have six small pieces and some gauze for half a guinea; she had all the lawn but one piece of about seven yards, which Mrs. Norfolk had: after she brought the money, she had some more lawn handkerchiefs for half a guinea; then she had a piece of 16 handkerchiefs, for which she gave us 8 s. Mrs. Wilder saw her buy all these. On the Thursday morning we disposed of all the things, except the two parcels of handkerchiefs that are produced here: Mrs. Holmes met us at the King's arms St. Giles, and paid us the last of the money, about three in the afternoon: we asked if the things would be safe if we should be taken up; she said, yes; for she sold them to a schoolmaster, and we should be very safe; for they were washed, ironed, and hemmed, before she parted with them: Mrs. Wilder would not let us stay at her apartment any longer, because we would not give her some gauze to make her caps; she said, if we did not take the things away she would throw them out at the door: I carried them under my arm to Mrs. Norfolk's, and asked her to let us leave them there till night; which she did: when we came she was not at home; her husband gave them us: we carried them to St. Giles's, to Gammon's: Gammon took them to the King's arms, and called a young woman out and desired her to carry them home: she told us after, she went and opened her bed and sowed them up in it. That night we all three went to the White Swan, at Black Friars, and lay there: we lay at the young woman's lodging on the Thursday night; and on the Friday we went to the Fox and Hounds, in Tottenham-court road, and sent for the young woman; we had three pints of half-and-half; the young woman went to see for Mrs. Holmes, to come to buy the handkerchiefs; she did not come. Then Ablet came, and said Sir John Fielding 's men were after us; we left the handkerchiefs there, and ran away: we left the handkerchiefs with him and the young woman, named Jenny Bull ; we all ran down Tottenham-court road, and desired them to meet us at the One Tun in Field-lane; we went there; they were not there; Magennes and Gammon staid in Union-court; when they came, we went in and had some beer and salmon, at the Angel and Crown there; then we sent Jenny Bull for Mrs. Holmes; she came; there were 16 handkerchiefs; she was to give us 16 s. also for them; she paid us the other 8 s. she staid and drank part of a pot of beer, and carried them home; she took them away under pretence they were foul linen, for a blind: she was to meet us again at the One Tun on the Saturday night, but she did not come: when she was with us in Union-court, she desired us by all means to keep from her lodging, fearing we should be taken up: then we took a walk into the fields, and went down to the White Swan, and lay there again that night: this was Saturday night: the next day Magennes and Gammon said they would not stay in London, fearing they should be taken up; I said, if you are afraid of that, I'll take it all upon myself, let Sir John Fielding do what he will with me: we went together to the bottom of Gray's-inn-lane, on the Sunday morning, and met a milk-man; we drank some milk there; we all shook hands and parted: I thought they were going into the country: then Ablet and I went up to the King's arms, St. Giles's; there I saw one of Mr. Fielding's men; he took and charged me with this thing: then I said I would confess it all. I had denied it a little at first: then I put him off, and said, I would tell him to-morrow; he trusted to my honour: the next morning I came to the same house again; he said, tell me where the things are, that is all I want: then I told him; then he came up to me and told me Magennes was taken, and had made himself an evidence: then I said, if he is not admitted I'll go along with you; I went with him and told every thing. I knew: I know nothing against Ablet.

Jane Bull . I live in Maynard-street, St. Giles's: I have one that keeps me without business: Magennes brought me the handkerchiefs about 10 o'clock on a Thursday night, and desired me to keep them till the morning; Parker and Gammon were with him: I was at the King's arms; Gammon came and said he wanted to speak with me: I have known him about a year and a half: he asked me if he might leave these things in my room till morning: I took them from Magennes, and took them home: they were these two pieces of handkerchiefs here produced. I kept them till morning; then I brought them to them at the Fox and Hounds in Tottenham-court road on the Friday morning; there were Magennes, Parker, and Gammon; they desired me to go and wait for Mrs. Holmes at the King's Arms: when she came I sent her up to them: she had promised to come there by two o'clock; she did not come: I went up to the Fox and Hounds along with Ablet, he used that house; he seeing some of Justice Fielding's men come by, he said, if he knew where they were, he would go and send them out of the way; he had heard about the hand bills being given about: I told him I knew where they were; then he went with me; he told them of the men; they all ran out of the house, and left word where they would be: Ablet used to go by the name of John Frick : they said they would be at the One Tun, the corner of Field-lane, that same day: they left the handkerchiefs on the table; Ablet and I took and carried them down Holbourn: I carried them part of the way: We called at the Three Tuns, in Berwick-street, going along; there Ablet cut off two handkerchiefs from each piece: then we went to the One Tun in Field-lane; they were not there; but we met Parker; after that we went to the Angel, in Union-court; Parker went with us; there were Magennes and Gammon waiting in the court; we all went in at the alehouse together; I went along with Magennes to Mrs. Holmes's; she was not at home: I went a second time; she then came with me, and took the handkerchiefs from them at the Angel. When she went out, Magennes went out with her, and said, mind and take care to wash my shirt and stockings clean; that the people of the house should not suspect them: then I went home. I saw Mrs. Holmes pay Parker some money at the King's Arms, on the Thursday morning; but do not know how much, or for what; her maid was along with her.

Mrs. Porter. I live at the King's Arms, in Maynard-street: I have seen Parker, Gammon, and Holmes drinking together in my house: I have also seen Jane Bull drinking there with them in other company. I have seen Ablet at our house, but not in particular with them.

Mary Dupree . I never saw Gammon but once: I lived servant with Elizabeth Holmes : Jonathan Parker brought a parcel of things, either on the Wednesday or Thursday night, a month ago this week: he said, if she had money she might get money; she might have things cheap: Magennes was along with him: she said, she had but half a guinea; there were some things opened; cotton and handkerchiefs; she said, if he would take half a guinea for the piece of cotton, she would give it him; I do not know what quantity there was of it; she said, it was as much as she could afford to give; they told her, if it was for her own wear she should have it.

Q. Did she ask how they came by them?

Dupree. No, she did not: she had the piece, and gave them half a guinea for it; I saw her pay it: she also gave six-pence to them for two small handkerchiefs: Parker desired she would left all the things lie in her apartment that night; she refused it, fearing the house should be searched; they then desired her to let them stay till they came again in a quarter of an hour; she agreed to it, but they did not come: I believe she bought a pair of black stockings, and another of purple, but they were too little for me: the next morning she carried them from her apartment, about nine or ten o'clock, to where Parker lodged, and said, she would have no more to do with them.

Prosecutor. When Mrs. Holmes was taken up, she told me she could help me to some of my things again; I went with her and one of Sir John Fielding 's men in a coach, to where she owned she had carried them, in Brown's Gardens; she then brought me under an obligation that I should not speak one word when we were in the house about the things being stolen; I was to go as if I was to buy goods: when I got there I saw three or four more of my handkerchiefs hanging up, but upon account of my promise I did not then take any notice: afterwards I went there again, but the things were not to be found: we went to Norfolk's house. Parker said, my life is at stake; allow me to manage as I think proper: he went to the maid, and talked with her about five minutes; after that we went into the house, and there we found some stockings, and this piece of lawn.

Mr. Bailey. I keep the Three Tuns in Brewick-street: as I pass'd and repass'd my cellar with beer, I saw some people, and some handkerchiefs lying before them, resembling these red and white one's here: I think one of them had a pair of scissars in their hand, but whether it was a man or a woman I cannot tell, I took so little notice.

Isabella Goldsborough. I keep the Angel, in Union-court; there were three young men and a young woman at my house about a month ago; I believe it was on a Thursday: I can swear to none of them but Jane Bull ; they had got some salmon; they drank about two pots of half-and-half: they swore so very bad, I said they should not swear in my house: there came in Holmes, the prisoner; one of the young men called her mother; I thought she had got a very unhappy son: they went away upon my speaking to them.

Gammon's Defence.

I know nothing at all about the affair: I had been of an errand for my father beyond Monmouth-street; somebody slipt out of a house and called me in; there was Parker; I went up to the King's Arms with him; there we had two pots of beer; Holmes came in; she gave Parker and Magennes some money, how much I can't tell: we drank there about two hours; then we went to take a walk in the fields; we staid out till 11 o'clock; I said, if I went home to my father I could not get in: so we went to the Swan, at Black Friars, and lay there all night: the next morning we went to the King's Arms: they desired me to go and call the young woman out. I being acquainted with her; I went and desired he to bring the handkerchiefs, and she brought them to the Fox and Hounds: there they heard of people coming; they ran out; I said, they can't hurt me: then they said come along; for if you are taken up you will be hanged; then I went with them, and we went to the Angel and Crown.

Holmes's Defence.

I never saw one of these people three times since I was born: I am innocent; I know them not: Bull came to me and desired me to go to Jonathan Parker : I formerly did wash for the woman he called his wife: I went to the Angel to him; he said, mother Holmes, will you wash these things; they are a shirt and two pair of stockings: I never sat down: when I came home I opened the parcel; then I saw they were handkerchiefs; I said, the Lord bless me, these are not washing cloaths; these are stolen goods: I took them to a friend's house: I came back to the Angel to give them the things, and they were gone.

Wilder's Defence.

They lay at my house; what they brought I never saw: when I saw these things, I took and kicked them out at the door: and because I turned them out, they have sworn this against me.

Ablet's Defence.

I had the handkerchiefs to keep for them; but did not know they were stolen.

Gammon, Guilty , T .

Holmes, Guilty , T. 14 .

Wilder and Ablet, Acquitted .

See Parker, the evidence, tried, and Gammon evidence against him, No. 135. in this mayoralty.

313, 314, (M.) John Whitham was indicted for stealing 600 lb. weight of pitch, value 3 l. and 30 gallons of tar, value 15 s. the property of Thomas Smith and William Speck : and William Lewis for receiving the same, well knowing it to have been stolen . April 21 . *

William Speck . Thomas Smith and I are partners , and wharfingers , in St. John's Southwark ; our wharf is opposite the Tower: on Monday morning. the 22d of April, between eight and nine o'clock, Mr. Dunkin, a Custom-house officer, called upon me, and asked me if I had lost any pitch and tar; in consequence of his information, I went on board Captain Lewis, the prisoner's vessel; she lay at Iron-gate; there I saw a barrel of pitch and a barrel of tar: I took the marks of them, to see if they were mine or not: the tar had a catherine-wheel, with a kind of a triangle in it; and the pitch had a sort of a burnt mark, like the letter S: I came home and examined the tar and pitch, and found the marks exactly tallied; I found four barrels of pitch missing out of 30; I found there were some barrels of tar missing; but to say how many I cannot: the tar was brought at different times from different places. I applied to Justice Pell for a search warrant: the constable went and took possession of the two barrels: the following week, Whitham, who was in the Borough gaol, made a voluntary confession, before a justice in the Borough, of many robberies by him committed, and this among the rest: I took up Lewis at market; he acknowledged he bought them, and did not seem to desire favour: he said, Whitham brought them on board when he was in custody; I asked him what was become of the other pitch and tar that Whitham had brought at different times? he said, he had landed two barrels of pitch at Ipswich, at one Mr. Dimock's, a ship builder's yard: I went to Ipswich and there saw the two barrels, marked with the same mark: I believe Mr. Lewis would have made a very voluntary confession, if we would have admitted him: he said he always received them in the night.

Jos. Dunkin. I am a Custom-house officer: on the 22d of April I and my partner were upon the river, about one in the morning: just opposite the King's brewhouse above Iron-gate lay two sloops; we heard the tackle of one of them going; I imagined they were hoisting out some goods to run; then I desired my partner to lie upon his skulls till the boat put off: presently I heard the noise of skulls: I soon saw Whitham in a skiff by himself, and nothing in her: I said, Jack, what did you put on board that sloop? said he, what sloop? I said, the sloop on the inside where you came from; he said, nothing: I went on board the sloop; there were two or three sailors on board; it was Mr. Lewis's sloop; I saw the pitch and tar, and said what makes you receive this of Whitham; he has certainly stole it, for he is a bad sort of a man: they said, what is that to us, our master gives us orders to do it: one of them said the captain was in the cabin; upon which I went to the cabin door, and said, Mr. Lewis turn out, I want to speak with you; he said, I am not well; I said, what makes you receive that pitch and tar from Whitham, it is stolen; depend upon it you will be transported: said he, I know nothing of it; I did not see him; but I apprehend it to be his voice, having heard him speak since. I went about my duty; and Mr. Speck being a neighbour, I told him of it in the morning.

Thomas Bennet . I belong to Captain Lewis: Whitham came on board our vessel, and called Mr. Lewis once or twice: he said he had a barrel of pitch and a barrel of tar; very well, said the captain: he bid me turn out and hoist them in: I did; Whitham flung it: then Mr. Dunkin came on board: the captain said, let them stay on deck till morning: when he came on board in the evening, he bid us strike them down into the hold. I believe Mr. Speck came on board about 10 or 11 o'clock; he asked who brought them on board; I said it was Whitham; he said they belonged to him; but Mr. Lewis was not then on board: when he came on board in the evening, I told him there had been a gentleman there that had ordered me to take care of the barrels: there were two barrels of pitch carried down to Ipswich, the last voyage; Whitham brought them on board: they were put into the yard of John Dimock , a builder, by Captain Lewis's order, as we lay along-side the yard. The captain is master of a vessel that trades from London to Ipswich.

Q. to Dunkin. Is it usual to carry goods on board in the middle of the night?

Dunkin. Some times they do to ships going to foreign parts, when they cannot finish what they begin in the day: but I never knew them to carry single barrels of pitch and tar in the middle of the night.

Whitham's Defence.

I have some more things to discover, if your lordship will grant me my affidavit: it was through my means that the goods were recovered.

Lewis's Defence.

If goods are brought in the night, we leave them till the morning before we hoist them down.

He called James Bird and James Dimage , two master of vessels; the first had known him 30. years, and the other almost 50; who gave him the character of an honest man, exclusive of this.

Whitham, Guilty , T .

Lewis, Guilty , T. 14 .

315. Andrew Mason Staffield was indicted for stealing two cloth coats, value 10 s. one linen handkerchief, value 2 d. one brass ink-stand, value 2 d. and one knife, value 2 d , the property of Ralph Bell , May 6 .

The prosecutor did not appear. Acquitted .

316. (L.) Richard Hare was indicted for stealing one linen handkerchief, value 1 s. 6 d. the property of John Seal . May 8 . ++

John Seal . I live at North's coffee-house, King's-street, near Guildhall: on the 8th of May, about half past seven in the evening, the prisoner and two others were coming by the end of King's-street ; there was a stop of coaches which prevented my crossing the way; I was surrounded by the prisoner and two others; he was to my right hand; I felt him pick my pocket, and pursued him, and took him by the collar; he dropt my handkerchief between his legs: I seized him; he denied it first of all; then he begged I would let him go. (The handkerchief produced and deposed to.)

William Jesse . I am journeyman to a linen-draper; I saw Mr. Seal catch the prisoner by the collar; I immediately saw a handkerchief fall to the ground; I said, there is a handkerchief; and he being nimbler than I, took it up; he said it was his.

Prosecutor. There was nobody near us at the time it fell from the prisoner.

Prisoner's Defence.

I saw a handkerchief fall from somebody in the crowd; I took it up and ran cross the way, and th e gentleman followed me directly, and took hold of me. My father lives in Thames-street, but I never acquainted him with my being here: I am 15 years old: my father is a porter in Leaden-hall market.

For the prisoner.

Henry Casey . I first knew him pretty near four years ago, we came home almost three years after; he was very honest; than Admiral Swanton took him as his servant; after that he behaved very honest; I have not seen him since we came home, which was a year ago last March.

Guilty, 6 d . T .

317. (L.) Christopher Gall was indicted for stealing an oil-stone, value 2 s. a pair of compasses, value 2 d. two wooden squares, a chalk-roll, a gouge, a hammer, a broad awl, and a screw-driver, the property of John Seamell ; an oil-stone, three planes, a glue-pot, a wooden plough, a stock, two steel bits, a pair of pincers, a pair of compasses, three saws, and iron saw-set, one punch, a wooden bevel, and two chissels , the property of William Clove , April 31. ++

John Seamell . The things mentioned in the indictment were missing from the New Buildings, in the one pair of stairs, in Houndsditch , on the 21st of April : we found our chests broke open; there was word brought by the labourer that the buildings had been broke open: I did not go to see till the next morning, being Monday; I found the chest broke and things gone: I was told in the morning, on the Sunday, there was a man in the Compter for breaking it open: I went to the Compter on the Monday morning: I heard him say before my Lord Mayor, he took the tools out of the building: that is all I have to say. I left my tools locked up on the Saturday night: I lost an oil-stone, a pair of compasses, two wooden squares, a chalk-roll, a gouge, a hammer, a broad awl, and a screw-driver.

William Clove . I worked in this building; I did not hear of my chest being broke open till the 22d; I was out of the town on Sunday: I lost an oil-stone, three planes, a glue-pot, a wooden plough, a stock, a pair of compasses with steel bits, three saws, an iron saw-set a punch, a wooden bevel, and two chissels; I heard the prisoner confess he took all these things, before the alderman.

George Castell . I took the prisoner on the 21st of April in the morning: I saw that morning several chests broke open, and several tools gone: I came out again; and upon enquiry heard a person went down Bishopsgate-street with a bag of tools on his back: the person that informed me saw the prisoner going back on the other side the way: I said, let him alone, perhaps he is going for more; he went, and found the door shut: I went and asked him, where he carried the tools in the bag to? he said, down Bishopsgate-street; I said, where had you them? he said, at Charles Mills 's; and that he had worked for him: I insisted upon seeing the tools; he said, if I would let him go peaceably with me, I should see them; I went with him into Shoreditch, and at a cobler's shop, below the Black Dog, he went in and brought the tools out; we sent for the glue-pot afterwards; he had that in his hand the man had informed me: we went into the Compter, and lodged the tools with the constable; the tools were turned out next day before my Lord Mayor; there the prisoner confessed he had stolen them.

Thomas Fountain . The tools were delivered into my custody: the prisoner said coming along, to besure I shall be transported without dispute. (The goods produced and deposed to.)

Prisoner's Defence.

To be sure I took these things from off the bench; they were not in the chests.

To his Character.

William Iscock . I live in King's-street, Westminster; I am a publican; I have known him two or three years; I never knew any thing ill of him before this.

James Bamford . I live in Duke's-street, Bloomsbury; I have known him about five years; he is a carpenter ; I never knew any thing of him but what was agreeable.

Guilty . T .

318. (L.) Saunders Woolf was indicted for stealing two silver watches, value 3 l. and one watch in a single silver case, value 50 s. the property of Joseph Jacob , May 15 . ++

Jos. Jacob. I live at No. 14. in the Minories ; and am a jeweller : some time ago the prisoner lived servant with me: last Wednesday was a week I was going out of town, and did not chuse to go with a gold watch in my pocket; I went and took a silver one out of my desk; when I came to open my desk the silver one was gone: I went among the pawnbrokers to enquire if they had seen such a one: I found it at a pawnbroker's in Houndsditch; I do not know the man's name; he told me it was pawned by Saunders Woolf, for 1 l. 18 s. then I went to the house where the prisoner worked (he is a pencil maker) I challenged him with taking my watch; he had taken and pawned it: I missed two others; I asked him about them; he said he had sold one to Levi Myers , and the other to Cornelius Radley . I asked him how he came by them? he said, he found them on the parlour table; he said he used to come to see a servant that I had at that time; I turned him away in the afternoon.

Q. Where were the other two watches taken from?

Jacob. I do not know: I send a vast many abroad; and having so many at home, I cannot tell where they were taken from.

J. Allen. I live with Mr. Martin in Houndsditch; the prisoner pledged a watch with me, on the 7th of May, for 5 s. 3 d. (Produced and deposed to by the prosecutor.) The prisoner came at different times and demanded more and more, till it came to 1 l. 18 s. 11 d. the last time was the 11th of May.

Levi Myers . I bought this watch, (producing one) of the prisoner at the bar, for 25 s. (deposed to by the prosecutor.)

Cornelius Radley . I bought this watch of the prisoner at the bar, in February last, for 22 s. 6 d. (Produced and deposed to by the prosecutor.)

Prisoner's Defence.

I know nothing at all of the affair.

He called Jacob Levi , Isaac Myers , and Myer Levi, who gave him a good character.

Guilty . T .

319. (M.) Sarah Pritchard , otherwise Ogden , spinster , was indicted (together with Sarah, wife of John Smith , not taken) for stealing four silk gowns, value 4 l. three silk petticoats, value 4 s. two linen petticoats, value 5 s. five linen aprons, value 5 s. two linen shifts, four pewter plates, two chintz curtains, one chintz counterpane, and one velvet cardinal, the property of Arthur Hand , in the dwelling house of William Aplin , March 30 . *

Arthur Hand . I lived in Shoreditch , at the house of William Aplin ; the prisoner lived servant with us, on and off, for 16 years; my wife died on the 16th of March: when my wife died she was between 90 and 100 years of age; the prisoner was very careful of her in her illness: on the 30th I wanted to look into the chests to take an inventory of the things: I thought I missed some things in the first chest; but when I came to look into the second, where principal part of the things were, the prisoner absconded, when she found she could not put me off from looking at the things: I missed abundance of things, a blue damask silk gown, and a green paduasoy, a white muslin apron, two shifts, four pewter plates. Several napkins, three silk petticoats, two linen petticoats, two chintz curtains, and a velvet cardinal; what linen my wife had I do not know: I missed more things than are in the indictment: I saw the things put up into the chests; but here is a person here that knows some of them better than I do: I know they were in the chests last August My wife was childish some years before she died. The prisoner came and surrendered herself to me; and said, she had no peace day nor night; this was in the time of last sessions here: she was sent to Clerkenwell Bridewell; she told me of her taking these things; and that two others were concerned with her: she hoped I would forgive her; and said they were in pawn at such and such places: I have seen many of them since; some at John Leetham 's, some at Mr. Townsend's, some at Mr. Mattim's, and some at Mr. Messenger's.

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

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 22d, Thursday the 23d, Friday the 24th, and Saturday the 25th of MAY.

In the Fifth Year of His MAJESTY's Reign. Being the Fifth SESSION in the MAYORALTY of The Right Honble Sir William Stephenson , Knt. LORD-MAYOR of the City of LONDON.

NUMBER V. PART II. for the YEAR 1765.

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.

[Continuation of the Trial of Sarah Pritchard .]

John Leetham . I AM a pawnbroker, and live in Shoreditch: the prosecutor is a neighbour of mine: the prisoner pledged these things with me; (producing a blue domask gown, a green silk gown, a sheet, a napkin, and three pewter plates.)

Prosecutor. These two gowns, the napkin, and two plates, are my property.

Thomas Townsend . I live in Cock-lane, Shoreditch: the prisoner pledged this velvet cardinal with me on the 21st of January: (Produced and deposed to by the prosecutor.) I have other things here, pledged by Sarah Smith .

Sarah Mattim . I live in Holywell-street, Shoreditch: I have four different articles here; (two petticoats, a curtain, and a white apron); but I never saw the prisoner in my life till yesterday, Sarah Smith brought them to me.

Edward Messenger . I live in Holywell-street, Shoreditch: Sarah Smith pledged these two petticoats, and white apron (producing them) with me.

Mary Moss . I have known the prosecutor's wife ever since I was a child; when she was living I was there for days and days together; I have seen her have these silk gowns on many a time; and I believe the velvet cloak, to be her cloak.

James Gibson . About the latter end of April the prosecutor came to me, and said his servant maid had robbed him: after that he came again with a paper, on which were wrote a parcel of things he said were pledged by the maid, and desired me to go to the pawnbrokers and see if the things were there; I said, the best way was to get the prisoner first: the next day he said he had heard of her: after she had surrendered, I went with her to these people; there we saw these several things; she told me of a vast number of things that she had taken; and that Sarah Smith had went and pawned many of them: she described them very particularly, and told where they were pawned: (a dimity gown, a brown damask gown, a striped silk gown, a muslin apron, and a counterpane, produced); these she owned she had taken unknown to her master, and Smith pledged them at Mr. Townsend's. I believe all these to be the prosecutor's property.

Gibson. I saw this blue silk petticoat at Mrs. Mattam's, (produced); this she told me she took unknown to her master; and also these chintz curtains, and under-petticoat, (produced); she said they were pawned by Sarah Smith , for her use. I asked her what she had done with the money? she said, she had spent it all.

Mary Moss . I believe these things to be the prosecutor's property; here is the fellow curtain, (produced and compared.)

Gibson. A black sattin petticoat the prisoner said she had taken, and sent Smith to pawn it; (produced.)

Prosecutor. I am well assured this is my property.

Mary Moss . I know the prosecutor's wife had such a petticoat as this.

Prosecutor. I should be glad to have all the pawnbrokers asked, upon their oaths, whether they have not more of my things?

They were all asked, and declared they had not.

Prisoner's Defence.

Sarah Smith was chairing in the house; we got pretty intimate together; she wanted some money, and persuaded me to take these things.

Guilty, 39 s. T .

320. (M.) Thomas Heydon was indicted, for that he, being a servant to Thomas Wildman, who did intrust and deliver to him 13 l. 14 s. the money of the said Thomas Wildman , safely to keep for the use of the said Thomas Wildman, and that he afterwards did withdraw himself from his said master, and go away with the money, with intent to steal the same , April 15 . *

Thomas Wildman . I keep a public house in Albemarle-street : the prisoner had been under my book-keeper; and when he died I made him book-keeper : I delivered 13 l. 14 s. to him for change, on the 15th of April, and went to New-market; and when I returned he was not to be found: that was last Monday five weeks: he was trusted with my books; the cellar-man was trusted with my other cash: I always give the book-keeper a certain sum to give change to the waiters: I broke open the scrutore in the compting-house, for he was gone away with the key; there were only five pennyworth of halfpence: there I found a letter, by which means I found where he was: he was at Bath: there he was taken; he was sent up in the machine, by the Mayor of Bath; he was carried before Sir John Fielding ; there he said, he was very sorry he had robbed me, who had used him so well: I have sent him victuals and drink since he has been in confinement, and he has sent me several handsome letters: Sir John took from him seven guineas and a half; which was delivered to me. The course of our business is thus: I never take any money myself; but the drawers receive the money of the company, and deliver it to the book-keeper: I keep a regular account of all: the book-keeper gives security; for I used to trust the book-keeper two or 300 l. at a time: I had no security from the prisoner; therefore I gave him injunctions to pay the money every night, to a servant that I can put confidence in.

Q. from the Prisoner. How did I behave the time I lived with you?

Wildman. He behaved very decent and very regular; that was the reason I took him into my service at the death of my book-keeper: my business is large; I have taken 145 l. in a day: my other book-keeper hired him, and paid him his wages. The money I left with him was the balance of money on the former account; I settled before I went out; and this was the balance due to me: I told it over, and pushed it to him to take for change in the course of the business; he acknowledged there was so much due to me on the former account: there was the daily account under his own hand-writing: he had balanced the account, and had taken 21 l. that day: I went away when I delivered the 13 l. 14 s. he set it down in the book: I told him he was to deliver what money he took every night to the cellar-man; he said, he would; and I gave the cellar-man directions to deliver money to him every morning, as I had done, for change.

Richard Rogers . I am a waiter at the prosecutor's; I delivered the money I took in the day to the prisoner, before he absconded; I did the day before he absconded; which he never delivered to the cellar-man: he continued in the house till the very day my master came home; when he expected my master to come he absconded: I paid him several sums of money during my master's absence; part of which he accounted for; I have seen the book since: I gave him 8 s. 3 d. a few minutes before he went away: I can't recollect what money I paid him in the whole; I gave it him. I received it: I know I delivered to him above 50 l. in the whole, while my master was gone to New-market; the greater part he accounted for with the cellar-man. I went to Bath; I went with the Mayor of Bath to him in gaol: we came up both together in the basket behind the machine: he said he was too well convinced of the folly he had been guilty of, and offered to deliver to me what money he had when in gaol: I did not take it: he said, he believed there was about 10 l. of it, it was in a piece of paper.

Prosecutor. By his own books he was indebted to me about 25 l. odd money.

The prisoner said nothing in his defence.

As he had accounted with the cellar man, it was probable he had paid in that money laid in the indictment. He was therefore Acquitted .

321. (M.) William Crew was indicted, for that he, with a certain gun, value 10 s. loaded with gun-powder and a leaden bullet, wilfully, maliciously, and feloniously, did shoot at John Thomas , then being in the dwelling house of the said William Crew , May 13 . *

Thomas Nuthall , Esquire. I have known the prisoner a great many years; he lived in a house on Enfield Chase near Clay-Hill . In the year 1757, an information was filed against him and many others in the Duchy court of Lancaster, in the name of the Attorney General of that Duchy, on his Majesty's behalf, for erecting buildings, and inclosing great quantities of land, belonging to his Majesty, without any authority or right whatsoever, upon Enfield Chase, which is parcel of the Duchy of Lancaster, and the inheritance of the crown. The cause came on to be heard before the Chancellor of the Duchy, and Lord Mansfield and Baron Smythe , as Judges assistant of that court, on the 3d of March 1764, and the decree was afterwards exemplified under the seal of the court. The defendants were ordered and decreed forthwith to deliver up to me, as his Majesty's Surveyor, possession of the buildings and lands claimed by them, for his Majesty's use, which the court, by the decree, declared to be incroachments upon Enfield Chase, and made in derogation and infringement of his Majesty's right and title. (The exemplification of the decree produced.) The prisoner had time given him to shew cause against this decree; for which purpose this subpoena, (a subpoena produced) under the seal of the court, was served on him, as will appear in evidence, on the 21st of April; but on his not shewing cause , the decree was made absolute against him, by an order of the court made the 16th of May 1764, and that order, together with the decree, were exemplified on the 23d of that month. Upon the prisoner's being served with a copy of this exemplification, and his refusal to obey the decree, on the fourth of July the court made an order that an attachment should issued against him unless he delivered up possession of the premisses mentioned in the decree, by a certain day, which he still refusing to do, an attachment issued against him on th 7th of August, for a contempt of the court. Upon the return of that writ by the Sheriff, that the prisoner could not be found, the court ordered an injunction to issue against him, which bore date the 21st of November 1764. The prisoner was by that writ commanded and enjoined to quit possession, immediately, of the premisses, upon pain of five thousand pounds, and to permit me to enter, and to hold the same for his Majesty's use, without any interruption or molestation. (The injunction produced.) This injunction was served on the prisoner, as will appear, on the 26th of November, and upon his refusing to obey it, on the 28th of November the court ordered a writ of assistance to issue, which bore date that day, directed to the Sheriff of Middlesex, and the Sheriff's warrant upon that writ to his officers is dated the 20th of December. (Both produced.) The Sheriff is by the writ of assistance commanded to put me in quiet possession of the premisses therein mentioned for his Majesty's use, and to attach the body of the prisoner for his disobedience to the decree, and contempt of the court. Previous to the filing of the information against the Prisoner and the other defendants, who were eleven in number, I had directions to let them know, they were at liberty to take down their buildings upon the King's Chase, and sell the materials for their own use. The prisoner told me he would never quit the house he lived in as long as he lived; that he would be carried dead out of it, and set the court at defiance. He afterwards put in his answer to the information, but examined no witnesses. Several of the defendants agreed to throw open their incroachments, others agreed to abide by the event of the suit, so that witnesses were examined on the part of the crown, and the cause heard against the prisoner and four other defendants only. The prisoner told me he would give himself no more trouble about looking for witnesses; he swore he would be at no more expence in the cause, and would never quit possession. It was on the 19th of June 1764, I served him with the exemplification of the decree; I told him, I believed it was not then too late to throw himself on the mercy of the court, and that if he would apply, the court would probably give him leave to sell the materials of his house, and put the money in his pocket; he said, the court might as well pretend to pull the King's palace down; I must take care how I came there; it should be the worse for any body that came there for any such purpose; he always kept that in his house which would defend him; he would never give up the premisses to the crown, nor any one living; that he would knock any man's brains out, that came to take his house from him, and used all manner of abusive language. I represented to him the consequences of his obstinacy, and told him the Sheriff of the county would be directed to take possession of the premises, and send him to prison for his contempt of the court. His answer was, that, The court and all their officers might be d - d: he wished he could see any body come into his house without his leave, to take any thing he had from him; that was the sport he wanted to be at.

Q. In what manner did you serve him with this exemplification?

A. I delivered a true copy of it into his own hand, at his house; told him the contents of it, and at the same time shewed him the exemplification under the seal of the court, and demanded the possession according to the decree, which he refused to give, with many oaths and imprecations. The other defendants in that decree have delivered up possession, and now hold of the crown at small yearly rents.

After the attachment issued against the prisoner, several attempts were made to apprehend him, but to no purpose: when the writ of assistance issued, other officers were added, belonging to the Sheriff of Middlesex, viz. William Norden and Miles Smith . On the 13th of this present month of May I went with these officers, and five or six men they brought with them as assistants. John Thomas mentioned in the indictment was one of them. They were to give me possession of the premises claimed by the prisoner, and mentioned in the decree and the Sheriff's warrant, for the use of his Majesty. I took my servant with me. We got to the prisoner's house about six in the morning: I went to the back-door, whilst the officers went to the fore-door. Within a very few minutes, I heard a gun go off. I then rode round to the fore-door, got off my horse, and went into the house: the officers had brought the prisoner down stairs into the kitchen; as soon as he saw me he said, G - d d - n your blood, this is your doing. He was then putting on his clothes, and put himself in a great passion, and swore incessantly. The officers gave me a gun, which they said he had shot off at them. The prisoner said, D - n you, what business had you in my house? (or my room). I perceived it was a rifle-barrel'd gun, that would carry a bullet only, and not shot. I was then desired to go up stairs to examine the room where the gun had been shot off. The room was on the right hand of the stair-case; I found the key in the door, which easily turned the lock: it was a spring lock: there was no latch, nor handle to the lock. I examined the door, and found there was nothing broke, nor any appearance of force used. The room was in a sinother from the gun powder, and I think the window was shut. I went towards the bed, which is opposite to the dco, and found the gun had been shot off from the bed; the ball had gone through a wooden mantle piece over the chimney, on the right-hand side of the room from the bed, had broke a glass all to-pieces, which appeared to have hung above the mantle-piece, then graz'd the wall on that side, and had struck against another wall facing the bed, which was a plaister wall, at some distance from the door, and on the same side of the room. I found one bullet on the mantle-piece, but that was not the bullet shot out of the gun, for it had not received any difference in shape Afterwards I sent my servant, John Barratclough , to search in the room for the bullet, which he will produce. When I returned down stairs, one of the officers asked the prisoner how he could be guilty of a thing of this nature; he answered, It was good enough for him. I told him I believed it was a capital offence; he made the same kind of answer, swore as many oaths as he could utter, and was extremely violent and turbulent. I observed to him, this rifle-barrel'd gun was only for killing deer, and asked him what he did with it; he said he had got his living by it these twenty years. He was afterwards carried to London by the officers.

The exemplification of the decree read in court: the decree was made the 3d of March; the exemplification was dated the 23d of May 1764: Also the subpoena to shew cause against the decree dated the 3d of April. The injunction also was read, dated the 21st of November.

John Barratclough . I am servant to Mr. Nuthall.

Court. Look at this (the subpoena put into his hand.)

Barratclough. I served a copy of this upon the prisoner on the 21st of April 1764, at his own house, and shewed him the original.

Q. Had you any conversation with him about his quitting the possession.

Barratclough. He abus'd me very much, and d - d me, and the court, and said we might all go and be d - d together, when I told him this was for quitting his house. I examined it with the original; it was a true copy.

(The injunction was then shewn Barratclough.)

Barratclough. I served him with a copy of this on the 26th of November. I met with him just by his house: he went in and shut the door, and call'd to me out at the window, and swore he had a good mind to shoot at me. I was at his house with my master, Mr. Norden, Miles Smith , John Thomas , and others, on the 13th of this month: I believe we got there by six in the morning. I was not in the house till he was taken. I heard the gun go off: I know Thomas and Pawlet were both in the house at the time the gun went off. The prisoner was coming away to prison when I went in; I went up stairs and looked at the place where the bullet went through the mantle-piece. It went into the wall, about half an inch deep in the brick-work, and returned from thence and struck another wall, and broke a china cup; here is some of the china in the ball now: it went into the wall near the door, and made a good deal of impression there. I found the ball within three or four inches of the wall, upon the floor. (The bullet and gun produced in court.) The officers brought the gun down stairs when the prisoner was brought down; it was delivered to me by John Thomas : I took it to my master's house; it has been in his custody ever since.

The writ of assistance read, dated the 28th of November 1764. The Sheriff's warrant read, dated the 20th December.

William Norden . I am an officer to the Sheriff of Middlesex.

Court. Look at this writ.

Norden. This is our Sheriff's seal, (touching it) the seal of the office: this writ was delivered to me by Mr. Nuthall. I went accordingly to execute it in company with Miles Smith ; I and Miles Smith are two persons mentioned in that writ: We had six assistants; we went to the prisoner's house on Enfield Chase; we got there a little before six in the morning, on the 13th of this instant: we had given directions to our men, and divided them, that they might not go all in together: the house was open. One of our assistants went in with a strange man; they were to go and call for a pint of beer as two strangers going by, and as soon as they were got in they call'd for a pint of beer; the prisoner's wife went down to draw it; they gave a signal, and Pawlet and Thomas went in: I followed them as fast as I could: I was on horse-back: when I got in they were up stairs or going up: I saw them going up while I was getting off my horse: I was up stairs, I believe, within two seconds after the gun was fired: I found Thomas and Pawlet in the room: Thomas had hold of the muzzle of the gun, and the prisoner had hold of the but-end, sitting on the bed, and they had hold of him: they had shov'd him back; he was rather lying, and in his shirt; they were struggling for the gun; I could hardly distinguish any thing for the smoke; it was a little room; I ran and opened the window: we led him down stairs: this is the gun here produced. He d - d us, and used us with a great deal of ill language, and wished he had killed two or three of us, after he was come down stairs.

Q. How many persons did you find in the room?

Norden. There were only Thomas, Pawlet, and the prisoner; by this time Mr. Nuthall came in; the prisoner grin'd at him, and d - d him, and said he wished he had killed him; he said if he had killed him he would not have minded being hang'd directly. Mr. Smith came to London with him. After they were gone, Mr. Nuthall's man and I went up into the bed-chamber, and examined which way the ball went. I saw the dent in the wall; we saw the ball lying on the floor; he stooped down and took it up; it had gone thro' the chimney-piece, and graz'd the wall, and went back to another wall, where it lay. I put it to the place in the wall, it fitted the place exactly: I said I was sure that ball made the mark: the key of the door was on the out-side when it was shut.

Q. Did there appear any violence used on the door?

Norden. No, there did not.

Q. How large was the room?

Norden. It is but a small room; it will hold a bed, a small table, and half a dozen chairs. The door opens directly facing the foot of the bed: the mantle-piece was to the left hand at going in: the ball struck last on that part of the wall behind the door, about two feet from the edge of the door: It is a square room, about 12 feet by 14 or 16; the door opens to the left hand.

Cross Examination.

Q. How far from the door is the feet of the bed?

Norden. I suppose the door does not open above three feet from it; the room will not hold a table on each side of the bed; I believe there was a table in the room, but I did not take particular notice: there was a chair in the room, for I sat down in one.

Q. What part of the bed did the prisoner sit upon?

Norden. He was sitting on the left hand side of the bed when I went into the room, that side next the mantle-piece.

Q. Who had the Sheriff's writ when the gun went off?

Norden. I had that in my pocket.

Q. Before that time had you told the prisoner who you was?

Norden. There had not been time for it, but I told him before those expressions came out from him, who I was, and what was my errand. I told him this was what I expected; for the country all round had told me what I might expect.

Court. Look upon this name upon this warrant. (He takes it in his hand.)

Q. When was your name put to it?

Norden. My name was not put to it when I first saw it.

Q. Was the seal to it when you first saw it?

Norden. It was; my name was put to it after the seal was to it; that is what is done every day.

Q. Where was Smith when you went into the house?

Norden. He was along with me, he followed me in.

Q. Was Smith's name to it when you first saw it.

Norden. No, it was not; that was put in by order of the Sheriff; Mr. Grigg said he had recommended me to Mr. Nuthall, and I was present when my name was put in by one of our clerks at the office; and Miles Smith 's name was put in at the same time.

Q. Whose hand-writing is your name and Miles Smith 's?

Norden. I believe, Mr. Benson's hand-writing.

John Thomas . I act occasionally as assistant to Mr. Norden and Miles Smith . I was with them on the 13th of May, at the prisoner's house on Enfield Chase, at six in the morning; we went to execute a warrant upon him. I went into the house as soon as the door was open, and another man followed me: I do not know his name; he belonged to Mr. Smith, and I belonged to Mr. Norden: when I came into the house I did not see any thing of the prisoner; I went up stairs, there was the key in the door, I turned that; there I saw the prisoner sitting on the side of the bed: the door opened without any noise at all; the other man was at my back: the prisoner presented this gun, and made a level at me the moment I came in at the door: he had nothing but his shirt on: I took hold of the muzzle and turned it off with my hand.

Q. How near was you to him when you opened the door?

Thomas. I believe I was about three yards from the muzzle of the piece, or hardly so much: he never said a word till after the piece went off; I put my right hand to it, and laid hold of him; he said, if I did not loose him, he would kill some of us: I secured him as well as I could, and Mr. Norden was just at my heels: in the struggle the prisoner received some blow; the room was in a smother on firing the piece: the piece went off immediately as soon as I touched it.

Q. What instrument had you in your hand?

Thomas. I had nothing in my hand but a cane.

Q. What had the person that was with you?

Thomas. He had an iron crow, in order, if the door had not been opened, to open it.

Q. Did he strike the prisoner?

Thomas. I did not see him strike him.

Q. How many people were there in the room at the time?

Thomas. There were nobody there but the prisoner and us two.

Q. Did you see the prisoner's daughter?

Thomas. I saw her by the side of the bed, in a room on the left hand, in her shift; the prisoner swore he would murder some of us: he swore below stairs a great many oaths he should have been pleased if he had but killed some of us; then he had not minded if he was hanged up directly.

Cross Examination.

Q. Did you run up stairs very fast.

Thomas. We did as fast as we could.

Court. Then it must make some noise.

Thomas. I ran in as quick as I could.

Francis Lascoe Pawlet . I was in company with Mr. Norden and Smith at the time they went to the prisoner's house. I went into the house with John Thomas ; I followed him as quick as possible; we first went into the kitchen or tap-room; then we went up stairs; he turned the key, and put his knee against the door, and threw it open on the right hand. We used no force as I know of, only turning the key that was in the door: when we were in I perceived the prisoner with one leg entirely out of bed, and the other almost out. I saw him level the gun at us. Thomas was so near him, he shoved it on one side, and it went off: the ball went through the mantle-piece, and broke a glass all to pieces; it went into the brickwork, and rebounded, and struck against the other side of the room, where it was picked up: I conceive it went off under Thomas's arm, and close to my head. Thomas said he had a warrant against him; we seized him.

Q. Did he say that before, or after the gun went off.

Pawlet. To the best of my recollection it was before it went off; but it was so soon I cannot be positive; the gun went off as quick at our opening the door as I could go three or four steps. Thomas closed upon him, and bid him deliver the gun. He answered,

"God d - n you, I

"will not." After he came down into the kitchen, he said,

"I wish I had shot that rascal,

"that scoundrel, that Nuthall; I am only sorry

"I did not kill two or three of you; if I had shot

"that scoundrel, I should not care if I was

"hang'd." Going along he used many words to the same effect.

Q. Did he assign any reason why he shot at you?

Pawlet. No, he did not.

Q. Who was in the room when you first went in?

Pawlet. There was nobody but the prisoner and Thomas when I went in.

Miles Smith . I went to the prisoner's house on the 13th of May, with others, to take him, by order of the Sheriff; Thomas and Pawlet had been in the house before me; I was on horseback, and hearing the explosion of a gun, I quitted the horse, and ran up stairs: there I saw the prisoner on his bed, on his back, struggling with Thomas. Thomas was endeavouring to wrest the gun out of his hand; the prisoner would not part with it: Pawlet said, Mr. Smith, lo ok under the bed, and see that there is no more fire arms; I did; then we endeavoured to bring him down stairs; after which he was asked how he came to do so rash an action; he swore, and said, he was very sorry he did not kill three or four of us; then he did not care if he was hanged directly. As I was on the landing-place I saw the prisoner's daughter in a room on the left hand side, tying her petticoat on: It was opposite to where her father was; I think she was in her shift. I went into the room where her father was, and presently she came into that room to us. I came away with the prisoner that morning to London, and two other men. Most of the conversation was this, that he was very sorry he had not killed some of us; he was sorry he did not kill Mr. Nuthall: he said he had had the gun by his bedside for that purpose six months; for he knew of our coming. That he said also at Sir John Fielding 's.

Cross Examination.

Q. Who was within the hearing of this?

Smith. He said it several times in the room below, and coming along the road.

Q. What did Mr. Nuthall say to him?

Smith. Mr. Nuthall said, you are an obstinate old man; now you have finished your business, for if there was a ball in this gun you will be hanged for it.

Q. Did you see him shew the prisoner a rope, and say, you shall be hanged up to dry with it?

Smith. No, I did not.

Q. to Mr. Nuthall. How long is it since the prisoner was a keeper?

Mr. Nuthall. He has not been a keeper this 22 years.

Prisoner's Defence.

I was awake in bed, and heard a thundering up stairs, before they broke the door; they had an iron crow; I heard the door burst open; my gun commonly stands by my bed-side; they came with the iron crow and knocked me down dead; I lay so some time bleeding: some time afterwards I heard a small bounce of a gun; I was stunn'd; it was like hearing it at a great distance: they kept paying me about the head with a stick; there was five or six of them paying me: the first I saw was one searching my breeches. I had four shillings and two six-pences, which were gone; I saw my clasp-knife in one of their hands; they were carrying me down stairs all over blood; they would not let me put my things on; they said, let us throw him in the cart as he is; they tied my hands behind me, and threw me into a cart; Mr. Nuthall said, Now you shall hang up in chains against your own door.

For the Prisoner.

Daniel Bentley . I lived with Mr. Crew when the officers were at his house. I saw them above stairs; I saw them come up stairs; I saw them wrench the door open with an iron crow; I saw one of them try to open the door; he took the key and turned it round, and they could not open it; and because it did not come open, he put his hand with the crow to the door, and pushed the door with the crow, and the door went open; then they went in; I went and put my clothes on; the gun went off; I saw them striking my master with the crow on the forehead; he was bloody when they brought him down stairs; I heard Mr. Nuthall say, Crew, you will be hang'd at Tyburn, and brought down and hanged on that oak-tree to dry.

Cross Examination.

Q. Was you up, or in bed at the time?

Bentley. My Mrs. had call'd me up, and I was getting my things on.

Q. Did they hit him with the crow before, or after the gun went off?

Bentley. It was after the gun went off.

Q. Who heard Mr. Nuthall speak these words besides you?

Bentley. My mistress, and my young mistress both.

Richard Brough . Last Monday I went to the house upon Enfield Chase, where the prisoner lived: I thought, by the marks I saw on the room-door, that it was burst open: there were two marks above the lock seemed to have been done by a crow; they were about the same breadth from each other: I looked upon the mantle-piece, and observed the ball went through it, and went up slanting, not quite perpendicular: I think the gun must be rather grounded, by it's going up aslant.

Cross Examination.

Q. What are you?

Brough. I am a master-brewer, and live at Enfield.

Q. Did you see any crow there?

Brough. No.

Q. Was you ever up stairs there before?

Brough. No.

Q. Can you tell which way the gun went off?

Brough. No, I cannot.

Q. Did you look to see if it had broke the cieling?

Brough. No, I think it could not reach the cieling, being not quite upright. I have known the prisoner about three years; he bears the character of a very honest man, as far as I know; he dealt with me for beer.

John Curtice . I have known the prisoner about fifty years; he is a very honest man; but when he gets fuddled he will swear.

Nicholas Young . I have known him almost fifty years; he bears the character of a very honest man: I never heard to the contrary.

Richard Fletcher , (senior.) I have known him above forty years: I never heard any harm of him; but he will get fuddled now and then.

James Jervice . I have known him above thirty years: I know nothing of him but that of a very honest man; he has brought up twelve or fourteen children, and paid his way honestly.

Thomas Lord . I have known him between twenty and thirty years; he has a very good character.

William Graygoose . I have known him forty years; he is a very industrious man.

Q. to Norden. Did you see this boy Bentley in the bed-chamber?

Norden. He was not in the room till after the prisoner was brought out of it.

Q. Did you hear Mr. Nuthall speak such words as the boy has mentioned.

Norden. No, I never did; nor I don't believe he did say any such thing: I was near him; I don't believe we were five yards asunder all the time, till the prisoner was sent away.

Q. to Thomas. Did you see the boy in the bed chamber?

Thomas. No, I did not.

Q. Did you hear Mr. Nuthall make use of such an expression as the boy has mentioned?

Thomas. No, I did not; and I was present with Mr. Nuthall the time he was there.

Q. Was the prisoner struck with the crow?

Thomas. No, he was not; but the hurt he received on his forehead might be done by the crow, as far as I know.

Norden. It was done thus; Pawlet held the crow in his hand, and the prisoner struggling ran his head against it; as soon as I saw the blood I challenged Pawlet with striking the prisoner: he said he did not, but the prisoner ran his head against it.

Q. to Pawlet. Did you see the boy in the bed chamber?

Pawlet. No: the first time I saw him was in the kitchen.

Q. Did you force open the door with the crow?

Pawlet. No, I did not: John Thomas had hold of the gun: the prisoner flung his head up, as the crow was in my hand, and the top of the claws went against his forehead; had I struck him with it, it must have smash'd his head to pieces.

Q. Did you hear Mr. Nuthall say such words as the boy has mentioned?

Pawlet. No, I did not: I heard Mr. Nuthall say, You are an obstinate old man; see what you have brought yourself to: I believe you will be hanged: I don't believe Mr. Nuthall made use of any thing tending to what the boy has mentioned.

Q. to Smith. Did you hear Mr. Nuthall make use of such an expression as the boy has mentioned?

Smith. I was present with Mr. Nuthall from the time the prisoner was brought down, till his being put into the cart: I never heard Mr. Nuthall make use of such an expression: he told the prisoner he was an obstinate old man, and he was afraid he would be hanged for what he had done.

Q. to Mr. Nuthall. Did you not mention a tree near the prisoner's house; and say, You should have the hanging him up on one of these trees.

Mr. Nuthall. No, I never did; no such thing ever pass'd: I am sure I could not say any such thing: I told him he would probably be hanged for what he had done.

Q. Did you make mention of a string on that occasion?

Mr. Nuthall. No: on his being put in the cart he was extremely violent; he seemed as if he intended to do me a mischief, as he always did: he was tied with a string, and his hands were fastened when he was in the cart.

Mr. Alderman Tregothick. Last Monday was a week this thing happened, and on the Monday following I took a walk to the prisoner's house; there I saw a wretched old woman, and her daughter equally wretched, and that boy: I went up into the room and examined it; I observed the room was about fourteen feet from the door to the bed's head, and, I think, about twelve feet from the window to the chimney; the bed was taken down, by the mark on the wall it was about four feet from that side the room: the ball had entered the mantle-piece; it was a bit of deal, with a kind of a cornice under it: the ball went upwards about four inches, and beat off a large piece of plaister: I did not trace it any farther. I observed the bolt of the lock was not affected at all; the outside of the door had a mark upon it, two inches and five eighths from each other; they appeared to have been made by an instrument of that kind as mentioned: from the situation of the hole made in the mantle-piece I should imagine, if fired from the bed, it must have been about two feet from the ground. My idea of the matter was, there was some struggling (having heard the prisoner was a good marksman) to have directed the ball in that manner.

Richard Fletcher , junior. I have known the prisoner twelve or fourteen years: I never heard but he behaved very well.

John Austin . I have known him about seven years: I always took him to be an honest man.

Thomas Atkins . I have known him forty years: I never knew any thing but that he was a very honest man.

Richard Tidmarsh . I have known him upwards of thirty years: I look upon him to be a very honest man.

David Fry . I have known him twenty years; he is a very honest man.

Lomeworth Dean . I have known him near thirty years; he is a very honest man.

Acquitted .

There was a second indictment against him, for shooting the gun at Pawlet , on which he was also Acquitted .

322. (M.) Mary Edwards , widow , was indicted for stealing two linen aprons, value 3 s. and 13 l. 14 s. in money numbered , the property of Ann Lamb , widow , May 6 . ++

Ann Lamb . I keep a cloaths-shop at the artichoke in Broad St. Giles's : one Mr. More , that died in my house, deposited sixty-five guineas and six shillings in my hands, about three or four days before he died, which was on the 6th of March last: he said he had a will in the country. I sent word down, after he was dead, and I had an order not to part with the money till farther orders; since that time there is a trial depending in the Commons. I had counted the money, and put it into a bureau in my parlour, under a great weight of cloaths, and told nobody where it was, not even my own child: on the 5th of May instant I took it out and counted it, and found there were eleven pieces looked to be very bad gold: I desired a gentleman that was in my house to count them; there were then but fifty-three guineas and eleven medals: the prisoner was my servant , and had been between three and four months; she was out all that night: she came home in the morning, and said her child was very ill, somewhere by Hyde-Park-Corner. The gentleman desired me to say nothing, as the proper way to find it out: I suspected none but she; on the 6th, being Monday, between five and six in the evening, she went with a pair of stays to Grosvenor-square: while she was gone I looked at this money again; then I found fourteen medals and but fifty-one guineas; when she came back the gentleman that counted it before came in: I desired him to count it, he found it as I had done; then I said to her, Molly, what have you done with this money, there are two guineas you have had to day? She said she had taken it, and begged for mercy. I said, why did you put the medals in? She said she put them in to deceive me, that I might think they were guineas, but she intended to put the money there again; she gave me a guinea of it back, and said, if I would give her three weeks grace she would pay me all the money. I sent my son-in-law for a constable, and she was sent to the Round-house: I asked her why she took it: she said she had made away with much of my linen, and she took some money, in order to fetch it back again: some she made presents of to the nurse that had her child, some to her child, and some she lent to a soldier, to fetch his cloaths out of pawn, who was confined in the Savoy.

Q. Was the bureau kept locked?

A. Lamb. It was sometimes locked, and sometimes not.

Thomas Bouger . On Sunday, the 5th of May, I was at Mrs. Lamb's; she was counting over a purse of guineas; she seemed very much confused, and desired me to count them over for her: I did, and found no more than fifty three guineas five shillings and eleven medals; there was sixty-five guineas wrote on the paper with them: so I found there wanted one guinea or one medal. I desired her to put the money in the same manner as before, and let it lie till I came the next evening; she followed my advice: when I came the next evening, she desired me to count it again: I did, and found the medals had increased from eleven to fourteen, and there were no more than fifty-one guineas five shillings: then Mrs. Lamb said to the prisoner, Molly, I think you are a very bad girl, to use me so: she was asked when she took the first money out of the purse: she answered she took it out that very day Mrs. Lamb's son-in-law came there and mended a box: she was asked what she had done with the two guineas she had taken out between the Sunday evening and the Monday evening; she did not say what she had done with it, but returned one guinea, and begged for mercy, and said, if her mistress would let her alone for about three weeks, she would endeavour to get her the money again; then she seeing her mistress very angry with her, said, if she would let Mr. Burford, the son-in-law, go with her to the Globe in the Strand, she would raise her two guineas and a half: she said she had taken some of her mistress's linnen, and she made use of some of this money to fetch them out of pawn.

Mary Lamb . I was in the shop with Mr. Bouger: I heard a jingling of money; my mother called me and him to her; she desired him to count it; there should have been sixty-five guineas and six shillings, but there were but fifty-three guineas and eleven medals; he desired her to let the money lie as before, and she would soon find out the thief. The prisoner was out, and staid out all night; the next day I saw the money counted, and there were but fifty-one guineas, fourteen medals, and five shillings: when the prisoner came home. and was charged with this, she confessed she had taken them, and returned one guinea, and said, if we would let her go to the Globe in the Strand, she would get a guinea and a half more, and if we would allow her time she would get it all again; she said she had pawned things unknown to us, and she took the money to get them back again, and that she took the first money on Easter Monday: we lost many things while she was there; here are two aprons which we had from the pawnbroker, which she owned she pawned, (produced and deposed to.)

William Clarkson . I am clerk to Mr. Vaughan: I went to Mrs. Lamb's on the 6th of March. Mr. Burford came to our house, and said there were some very improper people got about Mr. More, and he was afraid they had trumped up a will; he desired I would go with him: I did, and Mr. Hitchcock went with us: I got there about ten in the evening; the deceased's door was locked: I heard Mrs. Lamb had got some money, which was the deceased's, in her hands, in his lifetime: I desired her not to part with it till things were settled in the Commons: I had entered a caveat. I went again on Sunday, the 6th of May, by desire of the attorney who carries on the suit, to Mrs. Lamb, in order to take down what the prisoner could say as to the capacity of the deceased, the day the pretended will was executed. I thought proper to get sight of a lottery ticket, which belonged to the deceased, to see whether it was a blank or prize: Mrs Lamb went to look for the ticket, and she found it not in the same place: then she looked at the money, and the discovery happened.

John Langree the officer produced twenty medals in two parcels.

Mary Lamb . When I went to the Round-house, the officer told me the prisoner had given him these medals, and bid him burn them: the prisoner was there present; she was above stairs, but she called down upon hearing this, and said, No, he took them from me; I bid him throw them away into the highway; saying, there could be no tales told: he said he took three of them from her bosom; this he said in her hearing, and she did not deny it: this parcel of 14 was among the money; and these six were found in the Round House. (Producing them.)

Mr. Burford. I was present at the prisoner's examination before Mr. Welch; she acknowledged she took the first when I came there to mend a box: Mr. Welch asked her what she had done with the money? she said, she had fetched some things of her mistress's home that she had pawned, that some she spent in beer, and some a soldier had.

Prisoner's Defence.

I lived servant with Mrs. Lamb going on between five and six months: when the young man used to come that courts the daughter, I and my mistress used to go out: I know nothing how the money went.

To her Character.

Ann Strafford . I have known her ever since she was three days old; she is very honest and sober.

Mary Pickering . I have known her from three days old; I never knew any thing ill of her before this.

Mr. Jones. I have known her about three months; which time she lived with me: she left me since Christmas last: she was very honest and sober.

Guilty , Death . Recommended.

323, 324. (M.) Matthew Carroll and Margaret Brooks were indicted, the first, for that he on the 28th of April , about the hour of two in the night, the dwelling house of Richard Robinson did break and enter, and stealing eight hats, value 40 s. the property of the said Richard, in his dwelling house ; and the other for receiving six of the said hats, well knowing them to have been stolen , +

Richard Robinson . I am a hat maker , and live on Holbourn-hill : last Monday was three weeks, between two and three in the morning, I was alarmed by the watch that my house was broke open. I hardly ever go to bed without burning a lamp in my chimney corner: I came down stairs, and perceived all my goods moved from the shelves, and one of my window shutters down: I let the watch-man in: I found the bolt of the hatch over the door was broke: my son made all fast over night: the shutter was taken down: the shop was open to the street: there was no glass: I went and put my cloaths on; after that either my son or apprentice called out, here are the hats, under the bulk before the door; they brought them in; I examined them and missed six of them: three of them were not lined; there was my brand-mark in them: the mark is R. R. I thought they would carry them to be lined, by which means I thought I might hear of them; I told it about in the trade, and desired the person to be stopped that brought them: on the Saturday morning I had a person came and desired me to go with him to Mr. Snoak's, in Little Turnstile, Holbourn: I went. Mr. Snoak told me he had finished one, and they had had it away; and would come for the other in the afternoon: he said he would tell them when they came it was mislaid, and we cannot find it; and do you plant yourself in the public house over the way, and I'll let you know: he went and shut his shop up, thinking then they would come; they soon came; then he came over to me, and told me to come: I went over with him, there I found the prisoner Carroll, and Bourn the evidence, and two other persons that were customers; Mr. Snoak said to me, there is one, and there is the other, pointing to them; then I put my hand on the evidences collar, and said, where are my hats; he pleaded heartily that he might not be hanged: then I said to the prisoner, if you do not let me know, I'll hang you too, and laid hold of him: somebody sent for a constable: Bourn said, he bought them of an old cloaths man: I think Carroll said, you lie, it was of a Jew: the constable seemed to know them both; he took them to the Round-house; then they were taken before Sir John Fielding ; and told Sir John the same as here: he sent one to the Gate-house, and the other to New prison: they both insisted upon it there they bought them of an old cloaths man.

Mr. Snoak. I live in Little Turnstile, Holbourn: on the 30th of April, about seven in the evening, the prisoner and Bourn came to my shop: I had sold Bourn hats before, at a wholesale price; he told me he had them raffled for, and said he was a hat maker: he said, I want you to line two hats and cock them up: I looked at them, and said, where did you get them? he said, he got them of a friend: he ordered a silk lining in one, and a linen lining in the other; to be done by next day at noon: the next day they both came again, and only the linen one was done; Bourn paid me, and took that away: on the other I observed the mark R. R. then I began to think they did not come honestly by them: I ordered my wife to put it out of sight, till I enquired at the dyers: on Saturday I saw a journeyman dyer: upon asking him, he said Mr. Robinson on Snow-hill marked with R. R. and he had lately been robbed: I desired him to go and tell him I had such a hat: Mr. Robinson came to me and said, he would swear this was one that he had lost: I said the men would be here to-night, and desired him to wait at the alehouse opposite me till they came; they came, and we secured them: he took hold of Carroll, and said, you dog, you will be hanged: Bourn began to cry, and said, Lord have mercy on his soul if he is. He asked them how they came by the hats? Bourn said, he bought them of an old cloaths man: Carroll said, no, it was a Jew you told me. He said he knew nothing about it: then Carroll said, Bourn knows nothing about it; pray let him go. On the Monday we took them before Sir John Fielding ; they both denied the fact: Sir John committed one to the Gate-house, and the other to New-prison, for farther examination. On the Friday following he ordered us to come to another examination: we went; and in an alehouse, while Bourn was in one of the boxes with one of the keepers of New-prison, he said to me, if you will let me go in first and speak to Sir John, I will confess the whole fact: he went in, and Sir John admitted him an evidence; he said the hats were in a street in Shoreditch, opposite the Dun Cow: we got a warrant to apprehend the woman at the bar; and another to search: we went there; the woman was sitting by the fire; we asked her where the six hats were that Bourn had given her; she said, she knew nothing of the matter; I said, if you will not let us know where they are, you must go before Sir John Fielding : Mr. Robinson took her a little way down the street: I said I would not leave the house, for I thought the hats were there, and they would be moved off: Mr. Robinson soon returned, and said, he knew where they were; for she had told him they were in the house: we searched the house over and over, but found none: the woman said they were in the house: then the woman of the house said, if you know where they are, go and take them: we went with her into the cellar, but could not find them: then I said, she must go before Sir John: we took her over the way to an ale-house; then I went over again, and told the people in the house, (there were several women) they would certainly come into trouble if they did not let us have them: one said, do you fetch them; another said, do you: no, said one, he'll transport me: I said, I'll not touch any of you: then they said, if I would go out of the house five minutes, I should see them lying in a chair: I went again to them to the ale-house, and returned in about eight or ten minutes, and saw these six hats lying in the chair; one of the women said, there they are: I took and brought them away: (produced and deposed to by the prosecutor:) we took her before Sir John Fielding ; there she said Bourn and Carroll brought them to her, where she lived in St. Giles's.

Robinson. I forgot to give an account of our apprehending the woman; I can only say the same as Mr. Snoak has.

Blanch Bourn. I am a Carpenter, and live in St. Giles's; I have come from Ireland very near two years: I knew Carroll in Ireland; he plays on the violin for his living: on a Sunday night, about three weeks ago, as he and I came down Holbourn, with intent to rob, we came to Mr. Robinson's shop at about 12 at night; we had been drinking together at the George Inn, in Broad St. Giles's; he fell to working at Mr. Robinson's door; he went to feel whether the pins were in, and fast or not; he bid me to watch; I did; and can't tell how he got the shutters down then he called me to him, and persuaded me to go in; in going in he lifted my foot over an iron that was there; there was a plank on the inside that they used to make hats upon; I handed the bundles of hats over the plank to him; he stood out at the window, and he put them under the bulk at the door; from whence we intended to take them away; but he told me the watch was coming; and I made the best of my way out at the window, and he made off with eight hats: we made towards St. Giles's, to his lodgings, and he gave the hats to the woman at the bar; she was his bed-fellow: she put them into a box: the next day he said, he would buy linings and loops, and do them up himself: I said, I would carry them to an acquaintance of mine, Mr. Snoak; we took them to him on the Tuesday night, by which means we were both taken.

Carroll's Defence.

This man has perjured himself: I know no more of the hats being taken than the child unborn: I happened to be at the George Inn, Broad St. Giles's; he asked me to be a pint along with him, he sat down, and told me he had about half a dozen new hats, and if I wanted one he would deal reasonably; and that they were at his lodging, and if I would be there at four or five in the afternoon, he would shew me some: I went at that time; he was there, with the two hats in his apron; he took me backwards and showed me them; and said, if I pitched upon one, he would have it finished; and if I would go with him to a hat-maker in Little Turnstile, Holbourn, I might make the agreement; but he would not let me have one under half a guinea: we came to the end of Drury-lane; there was one Deacon, a brewer's servant, he asked him do you want a hat? they agreed for one; and he was to bring it to such an alehouse: he desired me to be there with my fiddle, saying, it might be something in my way: we went; Deacon was there; he took half a guinea for it; and asked Deacon to get him a customer for another: the Saturday following he came to the George Inn, in Broad St. Giles's, and said he was going for my hat; I went with him; he asked if the hat was done; Mr. Snoak said, it would be done in a quarter of an hour: while we were there Mr. Robinson came in, and we were taken into custody.

Brook's Defence.

Bourn came up in the morning to Carroll's apartment, and brought the hats, I think on a Monday morning: Carroll was fast asleep; he begged of me to go as far as Shoreditch with them; he said, he was going into the country, and the people would not be against his leaving them there till he returned: I did not know they were stole; I carried them as desired.

For Carroll.

Barney Deacon . I came acquainted with the prisoner and evidence last harvest, in Essex: on the 1st of May I met them in King's-street, Long-acre; Bourn asked me if I wanted a good hat? he appointed to meet me at the Hammer and Trowel, in Church-street: I was there in the evening; Bourn brought a hat; I bought it of him for half a guinea.

Prosecutor. This witness brought the hat to me of his own free-will.

Both Acquitted .

325. (L.) Edmund Swinney , otherwise McSwinney , was indicted for stealing two hempen bags, value 2 d. one Jacobus, value 20 s. two silver dollars, and 30 l. in money numbered , the property of William Plummer . May 17 . ++

William Plummer . I live within Aldgate , and am an oil-man ; I found my desk broke open last Friday morning; and my man informed me that the prisoner, (who had lived servant with me) came into my shop on Thursday evening, between nine and ten o'clock, and took up a pot and went down and drawed himself some beer, without asking leave; at which time, I have great reason to believe he unbolted the cellar window; and came in at it in the night, and got to my desk: I missed the money mentioned in the indictment out of my desk: On Sunday morning he was taken up, and brought to me; I examined him in my compting-house; he was three parts drunk: he denied the charge: at last I got out of him; he lived in Wapping: he was carried to the compter, and the next morning before Sir Samuel Fludyer : upon finding he was not at his lodgings that Thursday night, I got out of him that he was at Mr. Dowdall's, in King's-street, Wapping: I asked him if he staid there all night; he said, he went from thence to a club; but would not say where: I sent my kinsman to enquire, and found he had been at Mr. Breadey's, Montague-street, Whitechapel: and there he found two bags of money; upon which the prisoner was examined again before Sir Samuel Fludyer ; there he confessed that when he went into my cellar he drew some beer, he unbolted two bolts of my cellar window, and in the night got in, and so up into the kitchen; and took the key of the compting-house, and went and unbolted the door, and broke open my desk, and put the money into two bags; which he confessed to be my bags; and carried the money and left it in Mr. Breadey's hands: he begged for mercy, and proposed pleading guilty.

Mr. Breadey. The prisoner was at my house last Saturday night; the first time I ever saw him; he had two bags with money tossing them about the table; there was another man with him; my wife thought the man might be a sharper; she asked him to leave his money till he was sober: he came to me and said, he worked very hard for it, and he intended to go home in a fortnight or three weeks: he put it on the table and reckoned it up; 35 l. 6 s. I observed a bad moidore; afterwards the money was sealed up: upon opening it I found a broad Jacobus; I did not see that; I imagine that was left in the bag, when we counted the money.

Prosecutor. There was in my money a bad moidore, and a broad Jacobus, (the money produced, he takes them in his hand); these I can swear are my property: there are two dollars amongst the money; I know I lost two: I lost a dish full of silver; and here is 19 l. all in silver amongst this: here is a smooth six-pence that has been gilded, which I have had some time.

John Hoy . I am porter to Mr. Plummer; yesterday was a week, at night, I was serving a customer; the prisoner came in, and said he was very bad and very dry; he took the pot without leave and went down into the cellar, and returned again in about five or six minutes: I had bolted the cellar window myself about three quarters of an hour before; I heard the prisoner confess he was guilty of the fact.

Prisoner's Defence.

They want to swear my life away upon a piece of money or two, that there is many more like them.

Guilty . T .

326, 327. (M.) William Bright , and Mary Jegger , widow , were indicted for stealing four pair of linen sheets, value 20 s. eight linen table cloths, value 6 s. eighteen shifts, value 18 s. eighteen aprons, twelve linen handkerchiefs, four cotton handkerchiefs, one pewter dish, six pewter plates, one copper pottage pot, three copper sauce-pans, a copper tea kettle, and a brass frying-pan , the property of John Sermon , May 6 . ++

Sarah Sermon . I am wife to the prosecutor; we live in Old Gravel-lane, Wapping : on the 6th of May we had washed, and the things were in the shed joining to the house; some hanging on a line, and some in a great tub: in the morning on the 7th, they were all gone: (mentioning the things by name in the indictment): on the Monday following I went to Rosemary-lane, and found a child's jacket and petticoat in a woman's lap in the street: she said she had just bought them of a woman; we desired her to find that woman: she came to me the next day with a table cloth, and a child's night gown; and carried us to the house where the two prisoners lodged up two pair of stairs; there we found a great many of our things, the pottage pot was knocked to pieces, but we found the bail and iron that went round the rim; there was the tea-kettle, and one sauce-pan (produced and deposed to); then we secured the prisoners: at first they said they did not know how they came there; at last the woman owned she had sold the pewter to Mrs. Godfrey, in Ratcliff-high-way; where we found them; and we found two parcels of the goods pawned at two different pawnbrokers; one named Ross, on Green Bank; the other Jones, in Old Gravel-lane.

Mary Fletcher . I go about buying old cloaths; I was called up by Jegger into the room where she and Bright live together; I bought of her three aprons, a table cloth, and a bed gown: Bright was in the room at the time: the prosecutrix desired I would find her out; which I did; and carried her to their room.

Hannah Godfrey . I keep a brazier's shop in Ratcliff Highway; I bought six pewter plates and a dish of the woman at the bar. (Produced in court.)

William Ross . The man at the bar pledged these things with me. (Producing a shirt, apron, and handkerchief.)

Job Jones. The man and woman at the bar came and pledged these things with me. (Producing a shirt, a shift, and a handkerchief)

Sarah Sermon . These are all our property.

Bright's Defence.

There is no key to my door; and there are a great many comers and goers besides myself: I know no more than the child unborn how the things came there.

Jegger's Defence.

I did not bring them into the house.

Bright, Guilty , T .

Jegger, Acquitted .

James Ingram was indicted for receiving ten bushels of coals, value 8 s. the property of George Story and Christopher Alderson , well knowing the same to have been stolen by Jos Stringer and Henry Booth , March 11 .

See their trial No. 244. in the last Sessions Paper.

No evidence appeared. Acquitted .

William Ball , otherwise Bald , was indicted for stealing a copper still, value 20 s. and two earthen pans, value 5 s. the property of Martha Duffield , widow , May 20 .

No evidence appeared.

Acquitted .

328. (M.) He a second time indicted for stealing two pair of leather shoes, value 5 s. the property of John Carey , May 9 . ++

John Carey . I live at Highgate ; I lost two pair of leather shoes, on the 8th of May, out of an out-house, joining to the house of John Redshaw , where I live; they were found again last Wednesday morning, in a pig-stye under lock and key, belonging to the prisoner; the prisoner had the key: (produced and deposed to): the prisoner said he did not know how they came there.

John Waklin . I am constable; Mrs. Duffield delivered me a search warrant to go and search the prisoner's hog-stye, for goods she had lost: it is a large stye, covered over, with compartments in it, and kept under lock and key; she said, she had peeped through some of the cracks, and saw some things there which she had lost: I had the key of the prisoner; and there found a great many things; there was these two pair of shoes among the rest: the prisoner said, he knew nothing how they came there.

Prisoner's Defence.

I know nothing how the things came there.

He called Michael Cawley , Frances Creader , and Rebecca Barrow , to his character.

Acquitted .

(M.) He was a third time indicted for stealing a copper sauce-pan, value 5 s. the property of John Redshaw . (The prosecutor deposed to the sauce-pan, producing it.) The constable gave the same evidence as on the former trial; that the sauce-pan was concealed in the pig-stye, with the other things.

Acquitted .

(M.) He was a fourth time indicted for stealing a barrow pig, value 15 s. the property of Lemon Abbot , May 22 . ++

The constable deposed he found a large live pig in a sack, with the string of the sack tied about the pig's mouth, in the prisoner's pig-stye, at the time of the search; and at the same time he found a neat's tongue, in a pickling-pan, a bedstead, an iron bar, a mortar, a wooden axle-tree, and other things not owned.

Lemon Abbot deposed the pig was his property, stolen out of his pig-stye, at Kentish Town, on the 21st of May, just at night; that he knew it by black spots on it, and the ring in the nose, being a very particular one of his own putting in, and that it was pigg'd in Christmas week.

The prisoner, in his defence, said he knew nothing how the pig came there.

Acquitted .

329. (M.) Margaret Dougle was indicted for stealing five linen sheets, value 5 s. a silk gown, value 5 s. a silk and satin gown, value 5 s. a cotton gown, value 5 s. a linen petticoat, a flannel, ditto, three pair of cotton stockings, two pair of worsted ditto, a pair of tissue shoes, three aprons, three caps, four pair of ruffles, nine guineas and eight shillings in money numbered , the property of Mary Ashley , January 9 . ++

Mary Ashley . I am a midwife , and lodge in Prince's-court, Hedge-lane : on the 9th of January I found my chest, in which I put my cloaths and money, broke open: the prisoner lodged that night in the room where it was; she absconded at the same time. I searched for her, but could hear nothing of her till last Tuesday night: she was apprehended in Covent-Garden. On being examined she at first denied it, but at last she owned she did the fact: I asked her whether she did it with a chissel or a hammer; she said, neither, it was with a gimblet: I had not mentioned my having found the gimblet, at that time; she said she bored round the lock, and after that separated the wood from the lock, and opened the chest; and that she was advised to this by a young man named John Bedford : she would not tell where the things were for a good while; all the things mentioned in the indictment were taken out: at first she said she lost part of the things, by running about to different lodgings; then she said she left some of them in Darkhouse-lane, and had pawned some of them on Ludgate-hill; and at last she said she had carried all the things to Canterbury, and left them there. I took her before Justice Kynaston; there she confessed she broke the chest, but would not own what she had done with the things, but that she said she had left them all at Canterbury: I have not found any of them again: she begged to go in at the Blakeney's-Head; there she confessed she let in that young man, at three in the m orning; that she lighted up a rush-light; that she took the bed-quilt from the bed, and shaded the window; that he persuaded her to break the chest with the gimblet, and she trembled and said she could not; but he bid her not be afraid, for nobody should hurt her: then he came and took the cloaths, and she never touched them: he bid her go down with one bundle, and convey them into the Bagnio-yard, and after that he would meet her at the upper end of St. Martin's-street; but when she came to the yard he was gone, with the money and things, and she never saw him since: we took her back to the justice; she confessed the same there: she said John Bedford was Lady Gore's footman: we enquired for him, and found he was gone to Hinnington in Warwickshire.

John Hagget , who was with the prosecutrix and the prisoner, confirmed the account she had given.

The prisoner, in her defence, said she did not confess any thing.

Guilty . T .

330. (M.) William Tate was indicted for stealing a copper pottage-pot, value 3 s. a pair of linen sheets, value 3 s. and a flat iron, value 12 d. the property of Hyde Hassan , in a certain lodging room let by contract by the said Hyde to the said William, &c . October 20 . ++

Ann Hassan . I am wife to Hyde Hassan: we live in Newtoner's-lane he died a week before Christmas: I let the prisoner a ready-furnished lodging in the beginning of October last; he was with me but about three weeks; my servant went into his room, about the 20th of October, she came and said she did not see the pottage-pot: I desired her to go and ask for it; she did. He said his wife was going to make some paste to paper a room (he is a paper-hanger ); after that he came into my house for a pint of beer, his wife was sitting on a bench at the door: I asked her for the pot; she said as soon as her husband came home I should have it: I said, your husband is in my house: I came and told him to go and fetch it; he got up and went away, and I never heard any thing of him till I heard he was in New-Prison last Monday. I had broke open the door of his room, and miss'd the things mentioned in the indictment; they were part of the furniture let with the lodging. I went to him last Tuesday, and asked him what he had done with my things; he said he did not know where they were.

Mary Graves , her servant, confirmed her evidence.

The prisoner, in his defence, said he absconded on account that the prosecutrix demanded her rent, and not about the things.

Guilty . T .

331, 332. (M.) Thomas Wilcox , otherwise Cox , and John Newgent , were indicted for stealing eleven pair of worsted stockings, value 12 s. the property of Francis Wanion , April 22 . ++

Mary Wanion . I am wife to the prosecutor. I am an haberdasher and hosier : a pane of glass was broke in our shop window on the 22d of April, between eight and nine in the evening, and a bundle of stockings taken out. I was in the shop at the time. I went immediately to the door, but found it tied with a strong cord, so that I could not get out till they were gone out of sight: I never saw the prisoners, to my knowledge, till I was sent for to Justice Welch's the next day. There were the two prisoners and another, who was admitted evidence, and five pair of stockings: to the best of my knowledge, I believe they are mine. (Produced in court.)

Edward Hull . Last Monday was a month, the two prisoners and I went to St. Alban's-street , to the prosecutor's house; Newgent tied the door that it should not come open: Cox broke the glass and took out eleven pair of stockings: we divided them, three pair each, and the two odd pair were left in my custody; so I had these five pair. The constable found them upon me. Newgent call'd me up to make away with the stockings; I would not go, but went in again, and to bed, and the constable came and took me. I was taken before Justice Welch; there I said I bought the stockings in the street: the Justice asked me how I came to buy so many at once; I could give no satisfactory answer; then I confessed the same as now.

Thomas Wilson . I am constable: I had seen Hull about the Ruins of St. Giles's, and knew him to be a pick pocket: on the 23d of April, seeing him go into a house, I followed him in; he was got into bed; he had this bundle of stockings under him: I asked him how he came by them; he said he bought them: There was Wilcox in another bed in the room, along with Sarah Davis , and Elizabeth Agate who was with Hull: I put Hull in the round-house, and then went for Wilcox, and carried them before Justice Welch. Wilcox's father came and appeared for him; he was discharged: after Hull made this discovery, Wilcox was taken again.

Q. to Hull. What did Wilcox do with his three pair of stockings?

Hull. I do not know; he had them in bed under his pillow when I was taken.

The prisoners both denied knowing any thing of the affair.

Both Acquitted .

(M.) Wilcox was a second time indicted for stealing twenty handkerchiefs, value 3 l. the property of Ann Wilson , spinster , April 22 . ++

Ann Wilson . I live in Fetter-lane , and am a hosier and haberdasher : on Saturday the 20th of April, about nine at night, I was sitting in my shop, and heard a pane of glass break; a gentlewoman that was with me opened the door, and cried Stop thief; but I did not see any body; there were upwards of twenty handkerchiefs they had taken away. On Thursday following I was sent for to Mr. Welch's; there I saw two handkerchiefs, I believe to be my property, and after that the Constable found six more, which I believe to be mine.

Edward Hull . I think it was this day five weeks, about nine in the evening, Tom Cox and I went into Fetter-lane, and broke the glass of this woman's shop (describing the situation of it) and took out some handkerchiefs. I could run faster than he and he was to meet me in Lincoln's-Inn Fields. I ran very fast; there might some handkerchiefs drop by the way; when we counted them, there were but fourteen of them; we had seven each. I sold two, and desired Elizabeth Agate to pawn three for me, which she did. Cox sold some, and some he gave to Sarah Davis to pawn.

Elizabeth Agate . I believe I pawned three of these handkerchiefs; one in King-street, the others facing St. Giles's church: Hull and the prisoner came home together, when they brought them, and called me out of bed about ten o'clock.

Sarah Davis . I was in Covent Garden, and did not see Hull and the prisoner come home that night with the handkerchiefs. I came home about twelve at night, they were both there. The next morning, being Sunday, I saw three handkerchiefs, one was about Wilcox's neck, the other two under his head, which two he gave me to pawn: I pawned one in St. Giles's and the other in King-street. I went afterwards, when they were taken out.

Thomas Wilson . When the two girls were taken up, we found where six handkerchiefs were pawned: we went and got them; (produced in court) and two others were found among the stockings upon Hull. Hull gave the same account before the Justice as he has now.

Prisoner's Defence.

I know nothing at all about it.

Guilty . T .

333, 334. (M.) John Brian and Richard Purser were indicted for stealing a hat, value 5 s. the property of Christopher Sadgrove , May 10 .

Christopher Sadgrove . I live upon Saffron-hill, with Mr. Morris: on the 10th of May, between eight and nine in the evening, I and my brother were coming up Field-lane ; I was before him; there came the prisoners and another man; I had said nothing to them; the other man hit me over the head with a stick; Brian ran after me, and swore he would kill me; the other two followed him; I ran in at the sign of the Naked Boy, a sale-shop; they all followed me into the house; Brian kept beating me for about five minutes; I had my hands before my face; how my hat went, I cannot tell; I lost it there; the man and woman of the house were at home; the man of the house laid hold of Brian, but could not stop him; after that, my brother, who was at the door, and I, ran away home.

Thomas Knowles . I keep a clothes shop in Chick-lane; Brian pursued the boy into my house; the boy cried, For God's sake, don't let the man kill me; I saw him strike the boy two blows; I can't say I saw which way the hat went; the three men went out directly after the boy went out.

Mr. Morris. The boy came crying home, and said he had been almost murder'd and rob'd; some of my neighbours told me they had seen the prisoners go in at the Harrow in Fleet-market. I sent the boy in first, to see if the man was there that us'd him ill; he came out again, and said he was there, and the other that first struck him: I went in, and said, Have you rob'd this lad of a hat? the house was entirely against me: there came two or three hundred people about us, as these fellows had followed the lad almost to my door. Brian was for getting away: I got hold of him: the landlord of the house used me vastly ill. Brian pulled out this knife; (producing one) he cut my coat, and got away, and ran down the middle of the market: I took him at the end of Turn-again-lane: then he denied having a knife, but the constable took it away from him: after that he told us where the other men were to be found. When before the Justice, he said Purser had the hat: Purser was there; he said he knew nothing of it; but after it was found at Purser's, then Purser said Brian must have come and put it there while he was asleep.

Sutton Isaac. I am headborough. About eleven o'clock that night, Brian was brought to me by Mr. Morris. I was oblig'd to tie him in the watch-house he was so unruly: in going along, he told me, If I would let him have a hearing before Justice Girdler, he would inform him of something; and if I went down Thatch'd Alley, I should find Purser and one Lunt, that were in company with him when the hat was taken. I found that was in the city. I went and took Joseph Hunt , a city constable, with me; there we found Purser and the hat. (Produced in court, and deposed to.)

Joseph Hunt deposed to that of being at the taking of Purser in Thatch'd Alley, and finding the hat in his apartment.

Brian's Defence.

I was upon Saffron-hill and met one Lunt; we had three or four pots of Beer; when we came to the lower end of the place, I missed my handkerchief; Lunt made a blow at this boy: he ran away, and I pursued him into this man's house: I never saw any thing of the hat.

Morris. Brian told me he had not lost his handkerchief.

Purser's Defence.

Coming down Saffron-hill, I met Brian and Lunt together; they asked me to go and drink; we went and had three pots of beer, then I went home and met an unfortunate woman; she took me home to bed with her.

Both Guilty . T .

335, 336. (M.) John Magrath , and Ann his wife , were indicted for stealing a gold lac'd hat, value 10 s. the property of John Crabb , April 13 . ++

John Crabb . I live in Suffolk-street , with Mr. Faulkner. On the 13th of April the maid was washing the passage, with the door open, at which time my hat was taken away: when Kelley the evidence was taken up, I was informed the hat was found.

William Kelley . Between three and four o'clock on a Saturday, the man and his wife at the bar, and I, were going by this house in Suffolk-street; we saw a maid washing an entry; I saw a gold lac'd hat behind the door; I told him of it.

Q. How long have you been acquainted with the prisoners.

Kelley. About four or five months; we went out together with intent to rob. He bid me go in and take it; I said, I have no apron, and you have; you may go in and put it under your apron, and bring it; he went in and brought it out. Then we went into an empty house, and took the lace off, and went to Monmouth-street and sold a petticoat; then he gave me a shilling and the hat for my share; I got it dressed. (Producing a plain hat.) This is it; I told the constable where to find it.

Prosecutor. I can't take upon me to swear this to be the same, the lace being off: I think it is mine; it fits me.

John Noaks . I am a constable: this boy Kelley was taken up, and brought to Sir John Fielding 's; there he confess'd about eleven robberies he had committed in one week. I went with him, he shewed me some houses where he had stolen things; this house in Suffolk-street was one, where he said he had stolen a gold-lac'd hat, in company with the two prisoners: he knock'd at the door as soon as he came there, and shewed me the nail where the hat hung; then he went with me to St. Giles's, where the two prisoners lodged, and they were apprehended: they were charged with this fact, and they both denied it.

John Magrath's Defence.

I never saw that boy, the evidence, till I saw him in the Gatehouse.

There appeared six witnesses, who all gave him a good character.

Both Acquitted .

337, 338, 339. (M.) Thomas Farrell , Eleanor his wife , and Judith Coffe , otherwise Barnwell , were indicted for stealing seven silver tea-spoons, a silver milk-pail, and a silver milk spoon , the property of Sir Henry Bridgman , April 14 . ++

John Booth . I am servant to Sir Henry Bridgman ; the things mentioned in the indictment were missing about six weeks ago; I have one tea-spoon > here of the same sort, to compare with these that are found.

William Kelley . On Sunday, the 14th of April, about noon, I and the three prisoners at the bar were together; we saw the gentleman's area gate open; I went in and took seven tea-spoons, a bucket, and a bucket-spoon.

Q. How long have you known the prisoners at the bar?

Kelley. I am an Irish boy, and have known Coffe 12 months. I knew her at Dublin: she brought me acquainted with the other two about six months ago.

Q. What did you go out upon, that day you took these spoons?

Kelley. I went to Farrell and his wife about seven or eight that morning; then we went to Judith Coffe , in Market-lane, and we all went out together to rob; and about twelve o'clock, going by St. James's Square, seeing the area gate open, I went in and took the things: I gave them to Judith Coffe ; she put them in her pocket; we went away, and they gave me four shillings for my share.

Margaret Flood . I live at a hatter's in Market-lane, by Pall-mall. When I came home from my day's work, Judith Coffe was there; (I don't know the exact time) she lodged in a garret over me. I said to her, You work very hard, and I'll give you a pint of twopenny. I did; she said she had bought a waistcoat in the street, and there was a little tea-spoon in the pocket; I'll make you a present of it: she gave it me. (Produced in court.)

It is compared with another brought by Mr. Booth, both had a crest on them, and in other respects exactly agreed.

John Noaks . I went with Kelley to Sir Henry Bridgman 's; he went down into the area, and shewed me the place where he took the things; then he said Judith Coffe lodged at Mrs. Flood's in Market-lane. In searching the house we found this spoon in a drawer; Mrs. Flood went with us to Justice Fielding's; there she said Judith Coffe made a present of it to her for a shilling, as I understood then: then I carried it to Sir Henry Bridgman 's, to compare it. Kelley gave the same account before the Justice as he has here.

The Prisoners, in their defence, said they knew nothing of Kelley.

All three Acquitted .

(M.) They were all three indicted a second time for stealing two silver cups, value 30 s. the property of the Right Honourable Ann, Dowager Baroness of Feversham , May 18 . ++

Edward Harding . I am butler to Lady Feversham. About five weeks ago, about nine o'clock, as near as I can guess, in the morning, I was in my pantry, waiting for my Lady's calling for the tea-kettle; when she call'd I went up with it; it is up two pair of stairs; I set it down, and returned directly. I went into the housekeeper's room to carry up some butter'd roll; I came down and catched the boy Kelley in the Pantry; he hearing me coming, was for getting out, and would have made me believe he was just come in at the door: He said, Sir, do you know one John Kelley , an Irish postilion that lives here? (my pantry door is just by the area door) I said, There is no such person here: said he, Then I must be mistaken; is not this a Lord's house? I said, No, but it is a Lady's, and there is a Lord lives on the other side. Before he was got out of the area I stept into the pantry, and miss'd two silver cups, which the young ladies used to drink out of: there was my Lord's crest upon them, a horse's leg and horse-shoe. I ran after the boy, and called him back, and said, Here are other servants, that have been in the house longer than I, perhaps they can direct you: he came back and said he was oblig'd to me. He staid by the area gate: I went and searched for the cups: they were not in the pantry; then I went into the hall and asked the servants if they knew any thing of the young Ladies cups; the boy hearing me, set off directly; I went and opened the door thinking I could easily catch him; but I could see nothing of him: he told me since he was taken he dropt down behind a post, and I ran by him. About an hour and a half after I found him by the side of Newport-market. Mr. Hemmings's son, a silversmith in Bond-street, had him in custody; I took him before Sir John Fielding ; he would not own any thing that night, but he did afterwards. We have never heard any thing of the cups.

Q. Did you see either of the prisoners lurking about the door at the time you missed the things?

Harding. There were people about, but I did not take notice of them: the prisoners all denied having any connections with Kelley.

William Kelley . I was going by Grosvenor-square on the Thursday in last Sessions week, about nine or ten in the morning, the three prisoners were with me: they sat on the steps opposite the area: upon seeing the area gate open; I went down and took two silver cups out of a white cupboard: I gave the cups to Farrell's wife: I said there were silver chandlesticks, and silver handled knives and forks, and spoons: I went in again, and this gentleman came: I asked him as he has said: when he called me back again, I heard talk about the silver cups; then I went away, and went to Bond-street, and was taken. I never saw the cups, nor received any money for them. Farrell's wife said before the Justice, that I gave the cups to Judith Coffe .

All three Acquitted .

340. (M.) Robert Mayling , otherwise Mitcham , was indicted for stealing two saws, value 7 s. the property of John Benton , May 16 . ++

John Benton . On the 16th of this instant, between the hours of eleven and two, the saws mentioned in the indictment were taken away from where I was at work, in Catherine-street in the Strand ; and I found by an advertisement, they were stopped by a pawnbroker in Denmark-street: (produced and deposed to). I made the handles when I was at Gibraltar: I went before Justice Welch; the prisoner was brought up; he said he bought them of a man in the street, in Holbourn, for 4 s.

Thomas Harrison . The prisoner brought these saws to me in the name of Robert Mitcham ; I stopped them, suspecting them to have been stolen; we having had several informations of saws having been stolen: I delivered them to the Roundhouse keeper; he is not here.

Prosecutor. The Roundhouse keeper was here last night, and delivered them to me before he went home, and is not come to-day.

Prisoner's Defence.

I bought these saws of a man in Holbourn, for 4 s.

He called Ralph Garret , John Palmer , Thomas Smith, and Miles Hart , who gave him the character of an honest man.

Acquitted .

341. Jonathan Nicholls was indicted for stealing six pair of oak wedges, value 5 s. eight pieces of wainscot boards, value 6 s. and two deal boards , the property of Philip Howell , April 17 .

To which he pleaded Guilty . T .

342. (M.) John Trivers and John Knight were indicted, for that they, on the 18th of May , about the hour of 12 in the night, the dwelling house of Joakim Taximer , did break and enter, and stealing a metal watch, value 20 s. a steel chain and stone seal, two pair of silver buckles, five guineas and half a guinea, the property of the said Joakim, in his dwelling house . ++

The prosecutor being a foreigner, an interpreter was sworn.

Joakim Taximer. I am an Italian, and trade by commission in many sorts of things: I have been in England six months, and live in Gerrard-street : I went to bed between twelve and one last Saturday night, and when I got up in the morning I found my house broke open; my shop is repairing; there I found a plank down, and a hole about 15 or 16 inches diameter; I missed a striking watch, my knee and shoe buckles; my breeches were removed, and in my pockets I had about 15 or 16 guineas, the morning before; what I had spent I cannot say; but my money was taken away.

John Coulson . I met the two lads at the bar in Piccadilly; a girl of the town had told them this place was easily to be got through: they took me to the house at the corner of Gerrard-street; I got in at a hole, and went strait forward, and felt a door; I pushed it open; I heard a watch going on my left hand; I found it lay upon a shelf; I took and gave it to Trivers; he gave it to the other: I came out, and we went into a night-house, in the Haymarket; then we went back and found the door open as before; it was then day-light: I went in, and saw the gentleman asleep in bed; it was a ground floor; I took a hat, and his buckles out of his shoes and breeches, and about five guineas out of his pocket; I gave the hat and buckles to Trivers; the money I did not tell him of; then we went to Duke's Place; Knight was born there; a man offered us 7 s. 6 d. for the buckles; there came a hump backed Jew. and said we should be catched if we staid there: he desired us to go along with him; so took us to a house; the Jew held the buckles in his hand: Knight shewed the watch, and would not deliver the chain out of his hand; he asked six guineas for it. They said they would give him the money; they wanted to get it from him: after that Mr. Bareau twitched it from him; he gave us half a guinea, and desired us never to do such a thing again; he pulled out a pair of hand-cuffs, and threatened us, so we were glad to go away and leave it, and after that he said he lost it.

John Ross deposed he called upon Bareau, by which means he got the watch, (produced and deposed to by the prosecutor.)

Triver's Defence.

I never was in any fact with the evidence before.

Knight's Defence.

I never was in company with him before that Saturday night; and I was a little in liquor, and was over persuaded by him.

Both Acquitted .

John Picket , capitally convicted last Sessions, was executed on Wednesday the 15th of May.

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

Received Sentence of Death, One.

Mary Edwards .

Transported for Fourteen Years, Two.

William Lewis , Elizabeth Holmes , otherwise Truby.

Transported for Seven Years, Twenty-three.

Jonathan Nicholls , John Reves , Walter Hart , Richard Hare , Edward Swinney , Christopher Gale , Saunders Woolf, Richard Riley , John Sharbone , Jane Monkhouse , Lawrence Scarbrough , Victoire Donvilla , Hannah Russel , John Grant , John Witham , Richard Gammon , Sarah Pritchard , William Bright , Margaret Dougle , William Tate , Thomas Wilcox , John Brian , and Richard Purser .

Branded, One.

Daniel Wing ,

John Picket , capitally convicted last Sessions, was executed on Wednesday the 15th of May.