Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 August 2014), January 1767 (17670115).

Old Bailey Proceedings, 15th January 1767.

THE WHOLE PROCEEDINGS ON THE KING's COMMISSIONS of the PEACE, OYER and TERMINER, and GOAL DELIVERY FOR THE CITY of LONDON; And also the GOAL DELIVERY FOR THE COUNTY of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 15th, Friday the 16th, and Saturday the 17th, of JANUARY.

In the Seventh Year of His MAJESTY's Reign. Being the Second SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE SIR ROBERT KITE , KNT. LORD-MAYOR of the CITY of LONDON

NUMBER II. PART I.

LONDON,

Printed for J. WILKIE, at the Bible, in St. Paul's Church-Yard.

[Price Six-Pence.]

THE WHOLE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of LONDON, &c.

Before the Right Hon. Sir ROBERT KITE , Knt. Lord-Mayor of the City of London; the Hon. Sir THOMAS PARKER , Knt. Lord Chief Baron of his Majesty's Court of Exchequer *; the Hon. Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas +; the Hon. Sir THOMAS ASTON , Knt. one of his Majesty's Justices of the Court of King's Bench ||; JAMES EYRE , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer of the said City and County.

N. B. The characters * + || ++ direct to the judge by whom the prisoner was tried; also (L.) (M.) by what jury.

LONDON JURY.

Jeremiah Percy ,

Jeremiah Wheat ,

Joseph Bridges ,

John Payne ,

Thomas Whiston ,

Valentine Knight ,

Whiston Whaley ,

George Blakesley ,

Philip Dobbins ,

James Hayes ,

Thomas Bennison ,

William Palmer .

MIDDLESEX JURY.

James White ,

Henry Atkins , *

* Thomas Robinson served part of the time, in the room of Henry Atkins .

Silver Crispin ,

John Smithers ,

Thomas Lovet ,

John Tucker ,

Thomas Taylor ,

Nathaniel Morgan ,

William Wilkinson ,

Robert Gowland ,

Wm Halfpenny ,

Richard Wall .

84. (M.) James Johnson was indicted for stealing a cloth coat, a cloth waistcoat, and a gold hat-band , the property of Wm Hancock , January 6 . ++

William Hancock . I lived in Purpool-lane , being out of place at the time I lost these things; I missed the things mentioned last Friday; I was out when they were taken; I saw them again at Sir John Fielding 's; the prisoner was there, and the cloaths; (the coat and waistcoat produced in court and deposed to.)

James Thoy . I live in High Holbourn; I keep a sale-shop. The prisoner came to me on the 9th of January, about twelve or one o'clock, with another old cloaths-man; the old cloaths-man said he has got a coat and waistcoat to sell, but he thought he asked too much for them; the prisoner shewed me them; he asked 18 s. for them; I bid him 14 s. he and I agreed: after that I had a message from Sir John Fielding ; I went there; there was the prisoner; I took the coat and waistcoat with me; the prosecutor swore to them.

Q. to prosecutor. Where were your cloaths taken from?

Prosecutor. They were in a box up two pair of stairs in an alehouse.

Q. Did the prisoner use that alehouse?

Prosecutor. I never saw him there; I had no key to it; the people used to lock the door.

Prisoner. I have nothing to say for myself; I own I am guilty of the fact.

Guilty . T .

There were two other indictments against him.

85. (M.) William Taylor was indicted for stealing a cloth waistcoat and breeches, value 3 l. one linen waistcoat, four silver tea-spoons, value 4 s. a silver table-spoon, value 6 s. and a silver square, value 6 s. the property of Jacob Polock , January 12 . ++

Jacob Polock . I missed the things mentioned last Sunday in the evening; the prisoner was my journeyman ; I am a barber and peruke-maker ; I had been out about ten minutes, and when I returned I found my shop door locked; I went round to the back door; I could not make my servant hear; I got into my shed, and into the room, and found my drawers open, and the things mentioned gone; I went and acquainted one of Sir John Fielding's people with my loss. The next morning Samuel Franklin came to me with a letter in his hand, which was found in one of my waistcoat pockets; it had been directed to me: he asked me if I had been robbed; I found he had taken the prisoner, with the things mentioned in the indictment upon him; I went with Mr. Franklin to the Round-house, there was the prisoner; he was asked to give an account of the things; he seeing me, fell on his knees and begged my pardon, and said if I would forgive him, he would serve me seven years for nothing, and said he was sorry for what he had done: we took him before Sir John Fielding , and he was committed; (the things produced in court and deposed to by prosecutor.)

Samuel Franklin . I am a constable in the parish of St. Paul's, Covent-garden. About two in the morning, last Monday, the prisoner was brought to me by the watchman, to give an account how he came by these things; they were brought with him; he said he got the cloaths by paying so much a week into a club for them; he said he bought the spoons of a Jew; he said the square was a brass one; he dropped a letter directed to Mr. Polock, by which means I went to Mr. Polock; then he owned he had robbed his master of these things, and he came with me to the prisoner; I heard the prisoner say to his master, if he would forgive him, he would serve him seven years for nothing.

The prisoner said nothing in his defence.

Guilty . T .

86. (M.) Samuel Knock was indicted for stealing a plough, value 5 s. a long plane, value 2 s. a pannel plane, value 18 d. a stock, two smoothing planes, one pannel saw, one mortise chisel, three bead planes, two oval planes, and one chisel , the property of Robert Higgs , December 15 . ++

Robert Higgs . I am a carpenter and joiner . I live at Putney; I missed the things mentioned in the indictment, a month ago yesterday morning; the prisoner worked journeyman where I did, with Mr. Grantham; the prisoner discharged himself, and when going out of the shop, said he never would buy any tools; John Elsby stopped the prisoner with some tools on his back, by which means we came at the knowledge of the rest; (produced in court and deposed to.)

Hannah Jack . I am a pawnbroker in Whitechapel; I believe the prisoner was the man that pledged this chisel, here produced, with me, on the 18th of December last; I lent him 2 s. upon that and a saw; he brought them in the name of John Knock .

Prosecutor. The saw is the property of another person that is here; the chisel is mine.

Benjamin Fryer . I am a pawnbroker in Little Pultney-street; this plough, long plane, stock, and divers other of these things, the prisoner pledged to me, on the 24th of December; I lent him 9 s. on them; he said he had had a fall off a scaffold and hurt himself, and could not work: he said his name was Richard Henley .

Daniel Peacock . I am a pawnbroker; I took in this pannel saw of a person who said his name was William Knock; he said he was just come out of the infirmary; I cannot take upon me to say the prisoner is the man.

William Priestbird . I live in Princes-street, St. James's; I took in seven planes on the 18th of December, of a man, but am not certain it was the prisoner.

David Hartley . I am the officer that had the tools in custody; the prisoner confessed where these tools were pledged, and I went to the pawnbrokers and found them; the first parcel he said were pawned for 9 s. and he mentioned how he took them.

Prisoner's defence.

They told me if I would tell where the tools were they would let me go.

The prosecutor being asked, acknowledged they did make him the promise he mentioned.

Acquitted .

There were three other indictments against him for stealing tools, the property of his fellow workmen, but they were found also in consequence of those promises.

Note, It is hoped this will warn prosecutors not to draw out confessions with promises of favour.

87. (M.) Thomas Jones was indicted for stealing a silver watch, value 3 l. and twenty pounds in money , the property of Elizabeth Yates , widow , October 30. 1765 . ++

Elizabeth Yates . I am a milk-woman , and live in Rider's-court ; I lost the money and watch mentioned in the indictment on the 30th of October, 1765; the prisoner has been at my house, having been ill, being a distant relation: he absconded from that time; I met with him at a puppet-show on the 16th of last month; I got a constable, and carried him before Justice Welch; there I charged him; he confessed he took them, and that the watch was at Chatham, where I found it.

Q. What did you say to him in order to this confession?

E. Yates. I told him I would be as favourable as possible.

Q. Could you have come at the knowledge of the things if he had not made this confession?

E. Yates. No, I could not.

Acquitted .

88. Margaret Walton was indicted for stealing a pair of laced ruffles, three yards of muslin, ten yards of cloth, one silk handkerchief, two linen handkerchiefs, five pair of stockings, and ten yards of silk ribbon , the property of Eliz Neal .

To which she pleaded guilty . T .

89. John William Lewis was indicted for stealing one Bristol stone hat-buckle set in silver, value 2 s. two gold rings, value 10 s. one cloth surtout coat, value 3 s. one silk waistcoat, value 12 d. one camblet waistcoat, two pair of cloth breeches, six silver tea-spoons, two silk handkerchiefs, three pair of hose, one pair of silver shoe-buckles, three linen shirts, one linen table-cloth, and 30 s. in money numbered , the property of William Ross .

To which he pleaded guilty . T .

90, 91. (L.) William Kingsland and John Freeman were indicted for stealing three tons weight of stones for paving, value 34 s. the property of the Mayor and Commonalty of the city of London , Dec. 19 . ++

J. Norton. On the 18th and 19th of December the two prisoners were loading stones at the time I was at Fleet-ditch , for Mr. Hedderly, but where they carried them to I do not know; I saw them load the cart each day.

Thomas Perkins . On the 18th and 19th of December, I sent for stones to be brought from Fleet-ditch, but did not receive any: I am an officer under the commissioners for paving the city; one cart load was to have been brought to Poor Jury-lane, the other to Leadenhall-street; then I was informed the prisoners who drove the cart, had sold some to one Gregory; I took up Kingsland; he confessed he stole two cart loads, one in the dusk of the evening, on the Thursday, the other on the Friday, and had sold them to Gregory; that he was to have had 11 s. a load, but that he received but 7 s. 6 d. for the first load, and the other 9 s. 6 d. he said Gregory and another man came to him, and Gregory told him he might get stones from the heap at Fleet-ditch, for there was nobody to take any notice of them, and he would give him ready money for them. I took up Freeman; he confessed likewise that he was with Kingsland when he stole the stones, and received 4 s. 6 d. of the money.

Samuel May . William Kingsland was my servant. On Thursday morning the 18th of December, I sent him with a load of gravel to Leadenhall-street for Mr. Gray, paviour to the commissioners; then I ordered him to go for more stones to carry to Leadenhall-street, and on the Friday I sent him with some gravel to Long-lane, Smithfield, after which he was to have gone with a load of stones to Leadenhall-street, but he did not; afterwards I found he had been deficient in his days works; I charged him with it, and he fell a crying, and confessed he had carried two loads of stones to Gregory in Spitalfields; that he had 7 s. 6 d. for them on the Thursday, and 9 s. 6 d. for them on the Friday: I took him before Mr. Alderman Cokayne; there he confessed the same; the Alderman granted a warrant to take Gregory up.

Thomas Lucy . I employed Gregory and David Wright to pave before my door; I was to give them five guineas they were to find stones and gravel; the two prisoners brought them two loads of stones; I knew not where they brought them from; they were brought on the 18th and 19th of December; Gregory and Wright borrowed the money of me to pay for them, 11 s. each day.

Geo Wyat . I am surveyor to the commissioners; all the pebbles that were taken up in Fleet-street were deposited on the w ground on Fleet-ditch, from whence they were carted occasionally to other parts of the city as they were wanted.

Q. Whose property are they?

Wyat. They are the property of the Mayor and Commonalty of the city of London; the ground belongs to the city.

Kingsland's defence.

I was going down Brick-lane; Gregory and Wright hallooed to me to stop; I did; they asked me to drink; they asked me where I was going; I told them, and for what; they asked me, who looked after the stones in Fleet-ditch; I said I did not know; they said no body takes any account of them; they would pay me, if I would bring them some; so I brought them some, and they paid me.

Freeman's defence.

I went with Kingsland, but I was innocent of the affair; after he took the money, he gave me 4 s. 6 d. of it.

Both guilty . B .

92. (M.) James Gregory was indicted for receiving the said stones, well knowing them to have been stolen , Dec. 19 . ||

Kingsland having received his punishment, by being branded, was admitted an evidence. The record of his conviction was read.

William Kingsland . I loaded one load on the Thursday, and the other on the Friday, and carried them to Gregory and Wright, in Brown's-lane, Spitalfields; they were both at work there.

Q. Which of them agreed with you for the stones?

Kingsland. Wright did; they were both together.

Q. What did Gregory say?

Kingsland. He said, he believed they were not honestly come by, no, do not; then he said, you may agree amongst yourselves, and went away to his work; the landlord lent them the money to pay us. Gregory was in the house when we were paid; we received 7 s. 6 d. for one load, and 9 s. 6 d. for the other.

Q. Did Gregory pay you any money?

Kingsland. No, he did not.

Thomas Lucy gave the same evidence as on the former trial.

Samuel May , the same as before, with this addition, that Gregory acknowledged he had the stones of the boy Kingsland, and gave him 7 s. 6 d. for the first load, and 9 s. 6 d. for the other, and that Wright was only a labourer and not a paviour, and he did not think they were partners.

Thomas Parkins . On the 20th of December, Gregory was taken up; he was frighted a good deal, and told me, I should have my stones back again; he said it was very hard he should be sent a fishing for 18 d. I understood by that, he meant to be transported; he owned he and Wright bought them of Kingsland; he desired Mr. Lucy to deliver the stones back; he was desirous to make it up.

Q. Did he say he knew the stones were honestly come by?

Perkins. No, he did not.

Prisoner's defence.

I knew nothing of their being stolen.

To his character.

James Burton . I am a housekeeper in Shoreditch; I have known the prisoner ten years; he was always counted a very honest man.

Richard Humphreys. I have known him six or seven years; he is a hard-working honest man.

Benjamin Barker . I knew him ever since he was an apprentice; I never heard any ill of him.

John Thwack . I have known him about seven years, he has a general good character.

Joseph Webster . I have known him seven years; he has a good character.

Mr. Nightingale. I have known him between thirteen and fourteen years; he is a hard-working man of good character.

Mr. Case. I have known him thirteen years; he has a very good character.

Mr. Nolder. I have known him four years; he appeared always to me to be a very honest man.

John Curle . I have known him betwixt four and five years; I look upon him to be a very honest man.

Acquitted .

93. (M.) William Collinson was indicted for forging a certain inland bill of exchange, purporting to have been drawn by John Dun , directed to Sir Joseph Hankey , banker, requiring him to pay 16 l. &c. with a forged acceptance on it , to this purport:

"Sir,

"Please to pay to William Collinson , or his

"order, 16 l. fourteen days after date, and

"place it to the account of your humble servant,

" John Dun .

"October 14, 1765. Accepted, Hankey and

"Company."

and for uttering it, knowing it to be forged, with intention to defraud Abraham Allen ; and also with intention to defraud Sir Joseph Hankey and Company , Nov. 4, 1765 . +

Abraham Allen . I live in Broad St. Giles's, at the Black Dog, a public house. The prisoner came to my house on the 4th of November was twelve months; he said he was just come from Yorkshire, and was recommended to my house to lodge and board while in town.

Q. Did you know the prisoner before?

Allen. I never saw him before to my knowledge; he told me, somebody (I think an uncle) in Yorkshire, had died and left him a great deal of money, and he was come up to administer; and he could not administer without his sister, and she lived at Reading; he said he was short of money, and shewed me a note, and said, if he could get two guineas upon that, it would be sufficient to fetch his sister up; I looked at it, and saw it was directed to Sir Joseph Hankey ; I lent him two guineas, and he indorsed the note to me.

Q. Did you see him write his name upon it?

Allen. I did; he said there was a returned post-chaise to go out from such a place, and he had an opportunity of going in it: he came to me on the Monday, and said he should be back again from Reading on the Wednesday night; he did not return; I sent the note to Sir Joseph Hankey , to know if it was a good one, and he stopped it.

Q. When did you send it?

Allen. I think it was due on the Saturday, and I sent it the Tuesday after.

Q. When was the prisoner apprehended?

Allen. He was taken about ten months after, upon another forged note (the note produced.) I am very sure this is the very same note that I received of the prisoner.

It is delivered in, and read to this purport:

"Sir,

"Please to pay to William Collinson , or his

"order, 16 l. fourteen days after date, and place

"it to the account of

"Your humble servant,

" John Dun ."

Howden, Yorkshire, Oct. 24, 1765.

Accepted, Hankey and Co.

Indorsed, William Collinson .

Q. Did you take particular notice of the prisoner's hand-writing?

Allen. I did when he indorsed it.

Q. How was he dressed?

Allen. He had boots on, and a little jockey hat slapt.

Q. Who did he say recommended him?

Allen. He mentioned some name, but I do not remember it.

Q. Are you from that country?

Allen. I came from about eight miles off the place he said he came from.

Jane Allen . I am niece to Mr. Allen, I live at his house; I saw the prisoner twice that morning, before he had the money; he came first about seven o'clock, and asked if Mr. Allen was up; he waited, I believe, above an hour; I talked to him a good deal.

Q. How was he dressed?

J. Allen. He had such a coat on as he has now, and a little round hat, and boots on.

Q. Are you sure the prisoner is the same person?

J. Allen. I have no doubt about his being the man. He went out, and came in again, and said he should be glad to see Mr. Allen; this was in about half an hour after he went out, or a little better; I heard him ask my uncle to lend him two guineas upon the note.

Q. Did you see the note?

J. Allen. I saw a piece of paper in his hand, and saw him give it to my uncle, and saw my uncle give him the two guineas; I also saw him take the pen, but cannot say I saw him write.

Q. How long did he stay with your uncle?

J. Allen. I believe he staid with my uncle pretty near an hour; I saw him that day three times in all.

Q. Do you recollect the conversation your uncle and you had with him?

J. Allen. I remember he said he was a butcher, and he was come to administer to a will, but could not do it till his sister from Reading came up.

David Oromd . I am clerk to Sir Joseph Hankey and Co. (he takes the note in his hand) there are five partners with Sir Joseph; this is not Sir Joseph's hand-writing (I mean the acceptance) nor none of any of the clerks; this was brought to see if it was a good one, but I do not recollect the time now.

Q. Where has it been since?

Oromd. I apprehend it was kept at our office, till we could find out the person who offered it.

Q. Have you such a person as John Dun that keeps cash at your house?

Oromd. No, we have not; I never saw such an acceptance as this in my life.

Q. to Allen. Where is the person that carried the note to Sir Joseph Hankey 's?

Allen. He is not here.

Prisoner's defence.

I know nothing at all about it; I never could write in my life; I have been a housekeeper seven years in Long-acre, and once lived with my lord Talbot, in Lincoln's-inn-fields.

Guilty of publishing the acceptance, knowing it to have been forged . Death .

94. (M.) Samuel Ball was indicted for that he, on the king's highway, on Mary, wife of Peter Orris , did make an assault, putting her in corporal fear and danger of her life, and violently taking from her person one linen pocket, value 2 d. and 6 s. 3 d. in money numbered, the property of the said Peter , December 26 . ||

Mary Orris . The day after new Christmas-day, at night, I was out, between ten and eleven, at Old Brentford ; I went into the Castle, for a pint of beer; I met the prisoner; he asked me to drink.

Q. Was that the first time you ever saw him?

M. Orris. I had seen him go into his own house, opposite where I lodge, but I had never spoke to him before.

Q. How long have you lodged there?

M. Orris. From a fortnight after Michaelmas.

Q. How long has he lodged in his apartment?

M. Orris. I do not know; he asked me to drink, and I asked him to drink out of mine; after I went out to go home, one Thomas Onley asked me the question to lie with me; Ball was with him; I not being agreeable, they used me very ill, and beat me; the other fellow used me a great deal worse than the prisoner; they pulled me and dragged me about; the prisoner got my pocket; there was in it 6 s. 3 d.

Q. Did he get your pocket by pulling you about, or did he pull particularly at your pocket?

M. Orris. By pulling me about.

Q. Was it light or dark?

M. Orris. It was moon-lightish; the other fellow took away my cardinal, and they would have stripped me.

Q. How far was this from where you had been drinking?

M. Orris. About a couple of stones cast; they dragged me in all manner of nastiness.

Q. Did you consider this as using you thus to make you go with them, or to take your money from you on the highway?

M. Orris. I thought they wanted me to go with them; I went home and told my husband; he went to the prisoner the next morning, I was by; he asked him if he knew any thing of that woman (meaning me;) he said no, he did not.

Q. Did you ever see any thing of your pocket or money again?

M. Orris. No, I never did, nor cardinal neither; we took the prisoner before Justice Wegg; he asked the prisoner what he had done with my pocket and money; he said he had spent the money over night and in the morning; the Justice said to him, he could not have spent it all in that time; the prisoner said he had 7 1/2 d. left; I asked him what he had done with my pocket; he said they had thrown that away; when they heard the watch they ran away.

Peter Orris . I am husband to the woman: I went to the prisoner the next morning, about seven o'clock, and asked him whether he knew that woman or not; he said no; I said, Do you know who you used ill cross the road there? He said no, he used no body ill; I said, You have used my wife very ill, she has got several bruises about her body; I asked him whether he was willing to deliver the money and cardinal up; he said he knew nothing about them; my wife went and got a warrant and constable, and took him up.

Q. How long was this after the robbery, as she calls it?

Orris. This may be near three days after.

Q. How long has the prisoner lived near you?

Orris. He lived opposite the house I do all his life-time, I believe.

Q. Is he a married man?

Orris. No, he is not.

Q. What time did your wife come home that night?

Orris. I was very bad with a fever, and cannot tell.

Q. When did she first complain of this to you?

Orris. When I opened the door to let her in.

Q. What business does your wife follow?

Orris. Any thing that she can get to do.

Q. Was she sober that night?

Orris. I can't say she was quite sober; she went up stairs as well as ever she did in her life.

Q. What was your wife's stock in her pocket that day?

Orris. I can't tell; what I got I always gave her; I work at labouring work for a shilling or 14 d. a day.

Q. What business does your wife do?

Orris. She goes a haymaking , and has been obliged to ask charity since I have been ill.

Q. How long have you been married?

Orris. I have been married three years and about twelve or thirteen weeks.

Q. Where had she been that day?

Orris. She had been out to ask charity.

Q. Had you given her any money that day?

Orris. No, I had not been able.

Q. How long had you been ill?

Orris. Fifteen weeks; she had been over at Richmond, at gentlemens houses, and to see an acquaintance.

Q. to Mary Orris . What had you been at Richmond for that day?

M. Orris. I had been there to ask charity for a bit of victuals; I got some halfpence of a gardener, one Whitehouse that I knew there.

Q. What money had you got?

M. Orris. I had four silver six-pences, and 2 s. wrapped in a bit of rag.

Prisoner's defence.

I am not guilty; I know nothing of this.

For the prisoner.

Jonathan Nevett . The prisoner lived servant with me a year and a half or upwards; he behaved very sober and very honest; I never heard to the contrary of him in my life; I live in Old Brentford, just where this pretended robbery was; as to the woman I know little of her, but her general character in the neighbourhood is very bad, I never heard a worse; it is said she is not married to this man.

Stanhope Hillier. I have known the prisoner ever since he has been able to earn a shilling; I have employed him; he is an honest labouring man; I never heard a bad character of him.

Acquitted .

95. (M.) Thomas Bourke , otherwise Carre , was indicted for stealing three cloth coats, value 3 l. one cloth waistcoat, value 10 s. two cloth coats laced with gold, value 10 l. two silk waistcoats laced with gold, value 5 l. three pair of cloth breeches, one silver-hilted sword, one silk belt, three pistols, and four linen shirts , the property of Timothy Carre , Esq ; Jan. 1 . +

Richard Haselby . I am servant to colonel Carre. On the 16th of October the prisoner came into his service; he ran away upon New-year's-day in the morning; the things mentioned in the indictment were missing; he was secured by a butcher in Carnaby-market on the Monday following; I went with his wife and the constable to his lodgings, near Swallow-street; there we found two shirts, two coats, and a pistol, the property of the colonel.

Edward Lydard . I am a constable. On the 4th of this instant, about six in the afternoon, I heard the noise of a mob of people coming by my door; I looked out and saw a pistol in a man's hand; I asked what was the matter; they said they had taken a highwayman; I took him to Justice Wright's; he examined him; he asked him what his name was; he said, Thomas Bourke ; the Justice asked him who he lived with; he said with one 'Squire Bourke, an Irishman; the Justice asked him if he was any relation, and how long he had lived with him; he said he was related, and had lived with him ever since he was five years old, and had never been in England before; that he came from Ireland to Bath, and from thence to Ware, then to London, and had not been in London above eight or ten days, he was booted and spurred; the Justice asked him what he did with boots and spurs on; he said he had rode his master's horse from Ware; I searched him, and found a handkerchief in one of his coat pockets, and a key of a room in the other, and in his left-hand waistcoat pocket a shilling; I gave him the handkerchief and shilling again, and asked him what key that was; he said it was the key of his master's clothes chest: he was committed to the Gatehouse; his wife went there; I went with her to his apartment and found some shirts and a loaded pistol; at first he said he had no friends in London; he had this laced waistcoat on his back; ( produced in court, deposed to as the colcxel's property by Haselby.)

John Collier . I am a pawnbroker in St. James's; the prisoner pawned a laced coat, waistcoat, and breeches with me, at three different times; (produced and deposed to by Haselby.)

John Riley . I am a pawnbroker; the prisoner pawned this silver-hilted sword with me; and this coat I stopped when he came to offer it; (produced and deposed to by Haselby.)

Prisoner's defence.

At the time I took these things I wanted a little money; I thought to get them again as soon as my wages raised to the money.

Guilty . T .

96, 97. (M.) Elizabeth Merchant and Anne White , spinster , were indicted for stealing one guinea, twelve half guineas, and 30 s. in money numbered, the money of Charles Letterman , in the dwelling-house of the said Charles , Dec. 27 . ||

Anne Letterman . My husband is named Charles; we keep a public-house in Red-lion-street, Whitechapel, the sign of the White-lion : last Saturday fortnight the two prisoners came into our house between nine and ten at night; I stood talking to them about two or three minutes; I gave a person change for a shilling out of a red barrel box, called a Christmas-box, and presently I went out; going cross the way to a butcher's, I put my hand in my pocket and missed my box.

Q. When you stood talking to the prisoners, how near to them was you?

A. Letterman. I stood close to them; I ran back and asked the maid in the kitchen if she had seen my box; she said, no, then I said, I am ruined; at my coming in White ran out of the house; the maid came out into the tap-room; the prisoners had called for a pint of brandy hot, but Merchant went out and left the liquor; there was 9 l. within about a shilling in the box; I advertised it.

Q. What sort of money was it?

A. Letterman. There were twelve half guineas, one whole guinea, and about 30 s. in silver, in such a box as mentioned in the indictment; among the silver there were two half crowns, and half a six-pence. On the Tuesday following Elizabeth Haines came to my house, and said she heard I had had a great loss; she produced the half six-pence; I said that was what I had lost with my money; she told me she had it of the two prisoners; then they were taken up; these are the rags they had on when they were at my house, (produced in a handkerchief) but they were dressed out when taken up.

Q. Had they used to use your house?

A. Letterman. I never saw them there before to my knowledge; Merchant proffered to give me a note to pay 5 s. a week for the money, rather than to part with her new clothes, but at last said she would not, she should stand the chance.

Anne Mills . I am servant to Mrs. Letterman; the Saturday night this happened, my mistress went to go to the butcher's; I was called out of the kitchen into the tap-room; my master was in a box by himself; the two prisoners were by the fire; they desired me to make a pint of brandy hot; I put a pint of twopenny on the fire, and broke an egg and put it to the sugar; they wanted change for a shilling; I gave them 5 d. in change; they drank once apiece; my mistress came in; White immediately went out; my mistress said she had lost her box, with about 9 l. in it; she ordered me to light a candle and look about; then Merchant got up and walked out, and left about half the brandy hot behind them. On the Tuesday morning Mr. Brebrook brought the prisoners, and asked me if I should know the people that we suspected; I looked at them and said they were the people, though they were in different clothes, I picked them out from four other young women that were with them, all strangers; they were taken before the Justice; there Anne White said, Merchant desired her to pick my mistress's pocket for the box and she owned she did it.

Q. Was Merchant prisoner at the time?

A. Mills. She was. Merchant said did not value it, they could not hang her. When they were in our tap-room Merchant said she was willing to pay my mistress a crown a week if she would let her have her clothes that she bought with some of the money: they were kept at our house from eight till two; and when going to go before the Justice, she proffered give us the clothes she had on.

A. Letterman. White would have delivered her clothes up with all her heart.

Elizabeth Haines . Last Saturday fortnight, between nine and ten, or thereabouts at night, the two prisoners came to my house; I keep a woman's clothes shop in Rosemary-lane.

Q. How far is your house from Mrs. Letterman's?

E. Haines. It is about half a mile distant; the prisoners asked me if I sold gowns; I said, yes; I sold each a gown, a pair of stays, an upper petticoat, a shift, a pair of stockings, a hat, a pair of shoes, and aprons; they had ragged clothes on, but they looked very smart about their heads; I found they had been at a milliner's shop, and got-each a new cap, and a new coloured silk handkerchief.

Q. What did they lay out with you?

E. Haines. I think the things came to about 6 l. 7 s. 6 d.

Q. What did you take them to be?

E. Haines. I thought they were girls of the town; such often come to clothe themselves at our shop; I thought they had had a good spark.

Q. What sort of money did they pay you with?

E. Haines. There were some half guineas, and one or two guineas; they paid for the things separate as they bought them, two at a time. One of them had a Christmas-box, such a one as Mrs. Letterman has described; the other took her money out of a housewife; White had half a sixpence in her hand, which she dropped; she said she took it just before and it would not go again; she said she would fling it away; I said, give it to me, it will go among old silver, so she gave it me; this is it which Mrs. Letterman has swore to. I hearing of this robbery let the prosecutrix know of the prisoners, and shewed her the half sixpence.

White's defence.

This young woman (meaning her fellow prisoner) and I were coming up Red-lion-street, we went into that house, and called for a pint of brandy hot; I could not stay, and going away by a stocking shop, I kicked a box before me with some money in it; this was in Red-lion-street.

Merchant's defence.

I had been drinking with two girls; when I went out of the house, I saw White find the box; I cried, halves.

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

98. (L.) Mary Cluse , spinster , was indicted for stealing five guines, one half guinea, and one quarter guinea , the property of Edward Flower , November 18 . ++

Edward Flower . I live in the liberty of the Rolls; I work in mother of pearl , and keep five or six journeymen; I had been at the play with a female acquaintance on the 17th of November; after that was over, she, her sister, and another young man went to my house; we had a glass of punch, and a glass of wine, and something to eat to regale ourselves; then I went part of the way home with the two sisters; they lived separate, one at home with her friends, the other was in service; the young man went with the sister, and I with her. When we came to her mother's, she was in bed; we being loth to disturb her then, she was for going to her sister in the Minories; I went with her, and when near Bow-church, in Cheapside, she persuaded me to return, saying, she could go very well by herself; I left her; this was about one o'clock in the morning of the 18th. As I was returning, the prisoner and another woman came out, either from the Old 'Change, or the next street to it, into Cheapside. She came and got hold of my arm, and asked me if I would give her any thing; I said, what would you have me to give you; her reply was, to r - er. I did not make an immediate reply, whether I would or not. She still followed me, and wanted to prevail upon me; when we came into St. Paul's Church-yard , she dragged me into a passage behind the Chapter-house; the other woman followed behind; she pulled me to her, and put her back against the wall, and took up her petticoats herself, and fell to unbuttoning my breeches, and bid me put my hands about her neck, which I did, and in half a minute she had completed her business; she had not only unbottoned my breeches before, but my pocket also on my left side, and taken my money, as I found afterwards; she presently pushed me from her, and said, there comes the watch; do you run that way, and I'll run this. I set out, and away ran she, and the other woman with her, into St. Paul's Church-yard. I stared about, but saw no watch; then I found my pocket was picked of five guineas, a half guinea, and a quarter of a guinea. I had tucked my watch-chain in, she did not meddle with that; then I pursued her into St. Paul's Church-yard; she took up the passage by the pastry-cook's into Pater-noster-row; there I met John Ward by accident; I begged his assistance, saying, these women had robbed me; we ran and catched them; we called the watch, and took them to the watch-house; they were both searched, we could not find the money.

Q. Are you sure you had it about you, when you was with the prisoner?

Flower. I am sure I had when I was in Cheapside; the prisoner owned she had been with me, but had not robbed me.

John Ward . I was coming down St. Paul's Church-yard; I met two women running; I heard one say to the other, d - n you, run, run. Mr. Flower came up afterwards, and said, for God's sake, young man, lend me assistance, for I am robbed by these two women. I ran rather by them, and said, what have you done, you have robbed the man; they d - n'd me, and said they had robbed no man. Mr. Flower came up, and said, you have robbed me of my money; give me my money; they denied having any, but owned they had been with him behind the Chapter-house; we called the watch, and took them to the watch-house; they were searched, but no money found.

Robert Best . I was constable of the night; the prisoner and another woman were brought into the watch-house; the prosecutor desired I would send for somebody to search them; I called a woman, who searched them both, but found nothing; the prisoner owned she had been along with the prosecutor.

Prisoner's defence.

I was just come from Clare-market; I came down Fleet-street into St. Paul's Church-yard, turning down into Pater-noster-row; when I got down three parts of the street, that gentleman stopped me, and said, I had robbed a man; I said, Gentlemen, I never saw you before; they began to pull me about in a very rude manner; I said, if I have done any ill, charge the watch with me. I never was with the man at all; when I came to the watch-house, they gave charge of me for robbing him of five guineas; we were searched by a woman; and after that, he would have us searched by a man; he said he believed he could swear they must have it between them.

Q. to Prosecutor. Might you not lose your money out of your pocket in the situation you was in?

Flower. I went with a couple of watchmen to the place, but found no money there.

Q. Was you drunk or sober?

Flower. I was a little elevated in liquor.

Acq .

99. (L.) William Guy was indicted for stealing a linen handkerchief, value 10 d. the property of Benjamin Wardle , Dec. 22 . ++

Benjamin Wardle . I am servant to Mr. Morgan in the Temple. On the 22d of the last month, about seven in the evening, I was coming along Cheapside towards St. Paul's Church-yard; my wife was with me. Between the Rose and St. Paul's Church-yard I felt my handkerchief draw out of my pocket; I immediately put my hand down, and missed my handkerchief, the prisoner was close by me; I saw him deliver it to another person; I took hold of the prisoner, and charged him with taking it; he denied it, and said I might search him; I said, I saw you deliver it to that man (pointing to the other man.) Immediately there was a great concourse of people; I took the prisoner in at the Rose; there was a man said he would bring the other in after me, but he did not.

Q. Did you see your handkerchief in the prisoner's hand?

Wardle. I saw him hold his hand out to the other man; I cannot say I saw the handkerchief.

Mr. Montague. I am constable; the prosecutor charged me with the prisoner; he was searched, but I found nothing upon him.

Prisoner's defence.

I had my handkerchief in my bosom; the man turned about, and said I had picked his pocket; the mob gathered about, some wanted to duck me; he insisted upon my going into that house; when I came in, there were two or three porters searched me, and turned my pockets inside out. I am as innocent as the child unborn. I am a carver by trade.

Acquitted .

100. (L.) Peter Molney was indicted for stealing a bank note, value 30 l. marked No. 428. dated 12th of November , the property of George Bryant , Esq ; Dec. 19, 1766 . ++

John Mason , Esq; I am partner with Mr. Bryant; I live at Greenwich, he lives at Deptford-bridge. On Tuesday the 18th of December, Nathaniel Biles , who is book-keeper to Mr. Bryant, came to my house, and told me, he was very apprehensive that Peter Molney, who was Mr. Bryant's footman , had got a note of his master's, and brought me the particulars of the date, and name to whom payable. On the morning of the 19th, I called upon Mr. James. who had had some transactions with Mr. Bryant, and told him our suspicion. Mr. James said, upon my describing the note, that was one of the notes which he had paid Mr. Bryant; the prisoner was asked, how he came by the note; he said, he found it on the Royal Exchange.

Nathaniel Biles . I am a book-keeper to Mess. Bryant and Mason. On Thursday evening the 18th of December, the housekeeper brought me a quarter of a sheet of paper into the counting-house, and in it a bank-note of 30 l. No. 428. Nov. 12, 1766, payable to Samuel Rossy , Esq; and Co. signed Charles Iveson , entered S. Gore. I ordered her to lay the paper and note in it where she found it; the prisoner was then undressing his master, and putting him to bed. I went into the kitchen, where the paper lay upon the table; I observed on the top of the paper a promissory note for three guineas, payable to the prisoner, signed William Thompson . The prisoner came up to me; I asked him if that belonged to him; he said it did; I said, there is something in the paper, and opened it; there was the 30 l. bank note; I asked him whether that note was his property; he said it was; I asked him over again; he said the same; then I asked him who he received it of; he told me, of one Mr. Singleton; I said if that was his note, I thought he had as great a right to it as any body, and put it into his hands again; I then went down to Greenwich to Mr. Mason, and informed him what had passed, and gave him the number and other remarks that I had made.

William James . On the 12th of November, I dined with Mr. Bryant at the King's Arms tavern; he had some money to pay after dinner; he took out a draft upon Mr. Hankey for 66 l. 5 s. and desired me to take it to his banker; I did, and received for it two 80 l. notes and 6 l. 5 s. in money, which I gave Mr. Bryant; I sent for the banker's clerk, who described the particulars of the notes; one of them corresponded with that which the prisoner is indicted for.

James Balchard . I am coachman to 'Squire Bryant; the prisoner was my fellow servant. One morning before the prisoner ws taken up, he had my master's clothes to brush; I went into the room when he was brushing them; he was taking some papers out of my master's pocket; he tols me, he was looking for the character that came from his late master; I saw in one of the papers were two bank notes; he shewed them to me; I said, they are certainly bank notes; he said, if they were, they were not filled up; he doubled again in the same manner they were before, and put them into master's pocket again. The prisoner took his clothes away without master giving him warning.

Richard Down . I am clerk to Mr. Rossy; Mr. James brought a draft for 66 l. 5 s. and I gave him in change for it two 30 l. notes, and the rest in money, on the 12th of November. The No. of one of the notes was 428, dated Nov. 12, 1766, payable to Samuel Rossy , Esq; and Co. (he takes the note in question in his hand) this is the note.

Prisoner's defence.

I went to fetch my master from 'Change, and I found this paper lying on the ground near him; I took it up, and put it in my pocket, and in the afternoon I had occasion to write a little bill; I sat down to do it by the kitchen-table; I left my book on the table, when I went up to get my master to bed; when I came down I was asked if it was mine; I said yes; after that, I was asked by Mr. Mason if I had a bank note of 30 l. and I delivered it to him.

Guilty . T .

101. Ursula Gardner , spinster , was indicted for stealing three linen and worsted bed-curtains, value 7 s. two cotton window-curtains, value 4 s. one linen sheet, one woollen blanket, one copper teakettle, and one copper saucepan, the property of William Wright , in a certain lodging room, let by contract by the said William, to her the said prisoner , Dec. 20 .

The indictment being laid wrong, she was acquitted .

102, 103. (M.) Elizabeth, otherwise Biddy, King was indicted for stealing a silk handkerchief, value 4 s. and a pair of silver shoe-buckles, value 20 s. the property of John Smith ; and Elizabeth Wall , spinster , for receiving the same, well knowing them to have been stolen , Jan. 6 . +

John Smith . On the 6th of this instant, I was going along by the May-pole, out of Ratcliff-highway; the two prisoners were together; they asked me if I would go and drink something; I said I had no money about me to get beer for myself; Biddy King said if I would go along with them give them a pint of beer, I should go home with them, and be there all night; we went in at the White Swan, and called for a pint of beer, and after that another; then King said, it is time to go home, it is almost eleven o'clock. I said, I have no money to pay for the bed, or give to you; said she, I'll trust you till the next time you come this road.

Q. What countryman are you?

Smith. I am a North Briton , a sea-faring man ; they carried me to their lodging in Black-horse-yard ; Wall did not go into the house; there was a woman with a child, and a candle burning; King said, there is the bed we are to lye on; I stripped directly, and bed, and lay down on the bed; after I was in bed, she came and leaned over my breast, and put the bed-cloaths up about me; the woman with the child took the candle, and went out of the room; then King got up from my breast, and walked out after her; I thought she was gone to leave me in the house by myself; I got up, and put on my cloaths, and found my buckles and handkerchief were gone.

Q. Where had you put them?

Smith. I had taken my buckles from my shoes, and put them into my pocket; they were silver, they cost me 30 s. but a little before; my handkerchief was a new one; it cost 5 s. I went up to the White Swan, and asked for them; they were not there; then I went to the watch-house, and the two prisoners were both together near it, and we took them in custody; then Biddy King wanted to put my handkerchief about my neck; I said I had no business with it; Elizabeth Wall desired the watchman to go along with her to her lodging, and said she would deliver the buckles; he went and brought them.

Wall. He gave Biddy King the buckles to keep till morning.

Q. to Prosecutor. Is that true?

Prosecutor. No, I gave her nothing.

Q. Was you sober?

Prosecutor. I was quite sober.

Robert Pierce . The prisoners were drinking at the White Swan next to the watch-house, in company with the prosecutor; after that, I was coming my rounds; I was told they had robbed him; they were soon taken, and brought into the watch-house; King desired Wall to deliver up the things; Wall took me and another watchman to her lodgings; she went up stairs, and brought the buckles down, and said Biddy King took them, and gave them to her.

Lucas Sibley . I am a watchman; the man at the White Swan came and said, Biddy King and Wall had robbed a young fellow of his silver buckles; they were soon taken after that: Wall said the man was in liquor, and he gave King the buckles to take care of them; I went along with her, and she delivered them; the prisoners would have given the man his buckles and handkerchief again, and he would not have them; (produced and deposed to.)

Q. from Wall. Did not the man say he was in liquor; and if we would give him his things, he would go home?

Sibley. He was quite sober; he did not say any such thing.

King's defence.

I was going for two candles; I met that man; he asked me if I was not on board such a ship; I said I never was on board a ship in my life; he said I looked like an old shipmate of his; we went in at the Wheelwrights-arms, and had a pint of beer; when we came out, there was Elizabeth Wall; he said if he had any more money, he would treat us: he went on from me; then he returned, and gave me a pair of silver sleeve-buttons to go and pawn; I went and pawned them for 6 d. and gave it him; then we went in at the White Swan, and had three pints of beer; he had but three farthings left; he said, Will you lie with me all night? I said, Yes, if you will pay me. He said, If I have not money, I have money's worth; I went home with him: he said he would leave his buckles and handkerchief till he got money to pay the damages, and gave me a bit of a note to go down to Wapping, to his landlord, and said, take care of them till morning: this young woman (meaning Wall) was in the house, and another woman big with child: I said to Wall, will you take care of these buckle, till morning; he was agreeable; just as I was going into bed, he said he was a dry; I put on one petticoat and my gown, without a pin in it, and went with his handkerchief, as he ordered me, for half a gallon of beer to the public-house; going to the public-house, before I got to the door, he was after me, and the watchman; the watchman said, Come here: I said, What do you want? The prosecutor said, You have taken my buckles and handkerchief; I said, If he does not like to stay, he may have them again: Wall went and got his buckles directly.

Wall's defence.

He left the buckles to go to bed with this young woman all night; I wished them a good night; she had a handkerchief tied round her head, going to bed; she bid me take the buckles; I said, You are more proper to take care of them; so she wrapped them up, and I put them into a drawer.

For the prisoners.

Margaret Creamer . I remember the young man coming into Biddy King's room with her, last Monday night was a week, between 8 and 9 o'clock; my husband and I had words in a public-house, so I came there, and I went there to save myself from blows; Wall came in with them: he said he had no money, he had only a pair of buttons; he sent them out to pawn; they had some beer and some gin: he after that took his buckles out of his shoes, and delivered them to King, and she delivered them to Bet Wall, to take care of till the next day; he took his handkerchief from his neck, and gave King it to put about her head, and keep her warm.

Q. to prosecutor. Did you take the buttons out of your sleeves to pawn for liquor?

Prosecutor. I did.

Both Acquitted .

See Wall tried for the murder of Mr. Smith, a clerk at the Bank, No 484, in Sir William Stephenson's Mayoralty. See her an evidence against Adams, No 65, in Mr. Alderman Nelson's Mayoralty. To correct a mistake in No 1, of last Sessions Paper, at the bottom of page 3, for the name of E. Wall, read, of E. Adams; and for the last word, read, tried.

104. (M.) Catharine Davis , spinster , was indicted for stealing a metal watch in a shagreen case, value 40 s. four gold rings set with diamonds, value 4 l. two silver pepper-boxes, five silver tea-spoons, a pair of Bristol stone shoe-buckles, a pair of Bristol stone buttons, a silver watch, 10 yards of silk, 30 yards of linen cloth, a diamond stay-hook, four silver medals, and an enameled gold ring , the property of Hannah Ward , widow , November 23 . ||

Hannah Ward . I keep a clothes-shop in the Strand , I buy and sell divers sorts of goods; I have known the prisoner between five and six-and-thirty months; on the 24th of November, I missed the things mentioned in the indictment (mentioning them:) I found several drawers open, and had reason to believe it was done by somebody that knew my house: I had bills dispersed about from Sir John Fielding's, to the pawnbrokers. On the 29th of December, I had word brought me of the stay-hook; I saw it on the 31st, at Mr. Humphreys's, in West-street, Seven-dials; I put on my spectacles in the dark, and knew it to be mine; he asked me if I knew a fresh-coloured girl, I think he said her name was Catherine Davis ; I said, How did she get-into my house? I suppose she must conceal herself over night; she had lived with me, but had been gone away fifteen months; I had given her a character to a gentleman at Greenwich.

William Humphreys . I live in West-street, Seven-dials; I am a pawnbroker; the prisoner brought this stay-hook to me, on the 29th of December last, and wanted to borrow five shillings upon it; I observing it to be of value, asked her if it was her own; she said it was, and it cost her fifteen shillings.

Q. What is the value of it?

Humphreys. It is worth 3 or 4 l. I took her before Justice Welch; there she swore a gentleman gave it her, and sent for a gentleman to give her a character; upon which character he let her go; I kept the stay-hook, and advertised it: on the Wednesday after Mrs. Ward came, and said she had lost one; I told her it was at Justice Welch's; I first shewed her one, to see what she would say; she said that was not her's: then I took her to Justice Welch's: she owned it as soon as it was produced. (Produced in court.)

H. Ward. This is my stay-hook, I gave 4 l. 7 s. for it, to a person at Berkhamstead.

Thomas Arthur . I live with Mrs. Bibby, a pawnbroker, in Bedford-street, Bedford-row; on Monday, the 24th of November, the prisoner, by the name of Mary Thompson , brought a silver watch and silver pepper-castor, upon which I lent her 1 l. 12 s. I asked her where she lived; she said in Baldwin's-gardens, and that they were her own; and, from the appearance she made, I had no cause to suspect her. (Produced and deposed to.)

Q. Had you no notices from Sir John Fielding about them?

Arthur. No, we had not.

H. Ward. I took the prisoner in a coach; she brought me to every place where she had pawned them; I described them, and the pawnbrokers produced them.

Arthur. When the prosecutrix, constable, and prisoner came and asked for the things, in the name of Mary Thompson , for thirty-two shillings, I ordered them to be brought down; then they told me they were stole; we went before Justice Welch that evening; there the prosecutrix told me the prisoner had, unknown to them, concealed herself in her house, and so took the things.

The prisoner said nothing in her defence.

Guilty . T .

105. (M.) Thomas Cook was indicted, for that he, being a servant to Mrs . Elizabeth Vaughan , spinster , without her consent did embezzle and convert to his own use, one silver waiter, value 40 s. the property of her the said Elizabeth, delivered to him by his said mistress, safely to keep for her use , December 18 . +

Elizabeth Terry . I am house-keeper to Mrs. Elizabeth Vaughan , a maiden lady, in Chandois-street ; the prisoner was servant there, in the capacity of butler, about nine months; he went away the day before Christmas-day; he had the plate in his custody, the salver in question among the rest.

Q. How long have you lived with the lady?

E. Terry. I have been there twenty-one years; the waiter was missed the day he went away, on which day also he was taken in custody; I know the prisoner was very much concerned in liquor that evening; and he went the next morning to get it again, to put it in its place; we had company that evening; I went to fetch him from a public-house about ten o'clock, or a little before, to come home to light them down stairs; he was then very much in liquor.

Q. How long had he been missing out of your lady's house?

E. Terry. I cannot tell; he came home with me, but the company was gone; the next morning Mr. Robinson came, about ten or eleven o'clock; he had two keys in his hand, and asked me if I knew the key of the street-door and the key of the pantry; I said I really did not know: then he asked me if I missed a silver salver or waiter; I said I did not: he had taken the prisoner up before he came to our house: I did not see the waiter till before Justice Fielding.

Cross examination.

Q. How has the prisoner behaved the time he has lived with your lady?

E. Terry. He has behaved well; he kept his time very regular; we never had one that kept his time so regular as he did; we never had a servant that behaved better, nor so well as he, till this unfortunate affair.

Q. Have you ever heard of any plate being lost before?

E. Terry. No, I have not.

Q. How was he employed that afternoon?

E. Terry. He waited at tea about seven o'clock; I know he was not missing long.

Q. Was he in liquor when waiting at tea?

E. Terry. I do not know that he was.

Q. How long did the tea last?

E. Terry. May be it lasted half an hour.

Q. Was he concealed when you went for him to the public-house?

E. Terry. No, he stood up, paying his reckoning.

John Robinson . I am a silversmith, and live in Bond-street; (he produced a large silver waiter, about twelve inches diameter) the prisoner at the bar brought this to my house about half an hour after seven o'clock that night, and offered it to sale.

E Terry. This is my lady's waiter.

Q. Is the prisoner in livery?

E. Terry. He is, but sometimes he wears a frock.

Q. Was he in livery that night?

E. Terry. I cannot tell.

Robinson. I suspected it not to be the prisoner's own; I said I had not change, he must come in the morning, and I would pay him; I had not fixed any price; he said a lady, named Pickering, died in George-street, and she had left it him by will.

Q. Did he appear to be sober, or in liquor?

Robinson. I did not observe him to be in liquor; he might, as I did not know him before.

Q. Was he in a livery or in a frock?

Robinson. He was in a frock; after he was gone, I observed the waiter to be made by my master, when I was apprentice; here is my own mark upon it. The next morning I went to Mrs. Pickering's, and, upon enquiring, found there were no such things left the servants, they had all money left them; when I returned, the prisoner came; then I sent for a constable, and took him in custody; after which, he desired me to take the keys and carry them to his mistress's house, which I did.

Cross examination.

Q. How near do you live to Mrs. Vaughan's house?

Robinson. I live about 20 or 30 houses distant from it.

Q. to E. Terry. Did the prisoner ever live with Mrs. Pickering?

E. Terry. No, not as I know of.

Mr. Aspley. I am a constable; I knowing the prisoner, said, Thomas, if you have done any thing amiss you had better acknowledge it now; he said, I did bring this piece of plate last night, and I am come for it now to carry it home again; I hear he was in liquor the night before; his character was universally good.

Q. to Robinson. Did the prisoner say he was come to carry it back again to his mistress?

Robinson. He did say he would carry it back again, but I thought proper to stop him.

Q. What is this salver worth?

Robinson. It is worth about 10 l.

Prisoner's defence.

I was very much in liquor, and do not know nothing at all about it.

To his character.

William Russell . I lived with Dr. Parker, and knew the prisoner when he lived with the Bishop of Carlisle; every body that I heard speak of him. spoke of him as an honest good servant.

William Lloyd . I am a woollen-draper in Cornhill; I have known him ever since he lived with Mrs. Vaughan; he bore a very good character there; his mistress told me he behaved so well there, that she did think of getting a better place for him, thinking her place not good enough for him.

John Lun . I have known him between four and five years; I am a bricklayer, and live in Welbeck-street; the prisoner has a good character of that of an honest, well behaved young man.

William Drake . I live in Swallow-street; I have known him seven years and better; I lived servant where he did two years and a half, with the Bishop of Carlisle; after that he was translated to the see of London.

William Butterfield . I am my Lord Cholmondeley's butler; I have known the prisoner five years; he has an exceeding good character.

Richard Wilkins . I live in Vine-street, Covent-garden; I am a victualler; I have known him seven or eight months; he has an universal good character.

Susanna Jones . I live in Welbeck-street; I have known him between four and five years; he has a very good character; I have seen him frequently.

Guilty . B .

106. James Reene was indicted for forging an inland bill of exchange, for the payment of 8 l. 8 s. with a forged acceptance to it, and publishing the same with intent to defraud Anne Goodwin , Dec. 13 .

This appeared rather an order for the payment of money. Without going into the evidence, he was acquitted .

107. (M.) Anne Neptune , spinster , was indicted for stealing a linen shirt, value 3 s. the property of Abraham Burage ; and one cotton gown and one linen shift , the property of Stephen Mercer , Jan. 7 . ||

Catharine Burage . I live at Cow-cross; my husband is named Abraham. I gave a shirt to Elizabeth Burage to wash on Twelfth-day; it was lost; I saw it since in the pawnbroker's hands.

Frank Rochford . I am a pawnbroker; I took this shirt in of a woman named Sarah Silk ; she said it was her husband's: I lent her half a crown upon it; (produced in court.)

C. Burage. This is the shirt that was lost.

George Fisher . I am constable; I took the prisoner up, and the things were delivered to me at Justice Girdler's; that is all I know of it.

Elizabeth Burage . Catharine Burage delivered me this shirt to wash; it was washed, and taken away before it was ironed.

Q. Why do you charge the prisoner?

E. Burage. The prisoner is my sister-in-law; I took her in, she having no place to go to; she absconded; I suspected her, and found her three nights after, in Catharine-street in the Strand, in the night time. I took her before Justice Girdler; there she confessed she took it; I found the shift at Mr. Rochfort's.

Rochfort. I took the shift in of, I believe, the prisoner at the bar, but she came in the name of Mary Jones ; (produced by the constable.)

Sarah Mercer . I gave Elizabeth Burage my gown and shift to wash.

Q. What is your husband's name?

S. Mercer. His name is Stephen Mercer ; this is the shift here produced.

The prisoner said nothing in her defence.

Guilty . T .

108. Thomas Hull was indicted for stealing five pair of cotton and worsted hose, value 15 s. nine pair of worsted hose, value 19 s. and one worsted piece for waistcoat and breeches , the property of John Day .

The prosecutor was called, and did not appear. Acquitted .

109. (M.) Thomas Rutter was indicted for stealing twelve brass ferrels for angling-rods, four cocoa-nut heads for canes, four brass screw ferrels, four bamboo canes, one walking-cane, and four metal heads , the property of William Emory , Dec. 19 . ++

William Emory . I am a fishing-rod maker , and live in Holbourn ; the prisoner worked two months with me as a journeyman ; some time after he had been at work, I gave him a quantity of sheet-brass to make ferrels; I thought the brass would have made more ferrels than what he said it did. Some time after I gave him another quantity to make some more; I took particular notice of that, and cut them out at half a dozen at a time; it would have made at least sixteen dozen; when he had finished the brass, he told me it made but eleven dozen and a half; then I was fully convinced he had wronged me; I took no notice to him about it; he worked but about three days in a week. On Friday the 19th of December, I counted a drawer of nut heads, and a drawer of screw ferrels, and my apprentice counted them likewise; he carried them up into the work-shop, and I ordered him to call me down, which he did, in order to leave the prisoner alone; I staid below about an hour, and then went up into the work-shop; I had the drawers carried down; I counted them over again, and there was deficient four nut heads and eight screw ferrels; I contrived to keep him all day at work, that he might not go out to dinner; I told him, I had a job to do for a gentleman that must go out of town early, and if he would stay and do it, he should dine with me, and have some of my ale; I got a warrant to apprehend him, and another to search his lodging, and Mr. Morgan an officer there; when the prisoner came down stairs, I said I wanted to speak with him; I took him into the kitchen, and asked him what he had done with the nut heads and screw ferrels; at first he said he had none; I said I had marked them, and missed so many of them; then he was all in a tremble.

Q. How had you marked them?

Emory. I marked them with a black pencil on the inside: he then at separate times took out four heads and four ferrels from his pocket, and he took out a key of a door; I took that, and said, I supposed it was the key of his lodgings; he said he hoped I would go to his lodgings, and take the things of mine away, and not say any thing to his landlord; Mr. Morgan found in the lining of his coat four bamboo canes and a walking-cane; I took him before Justice Girdler, and he was committed the next morning; I went to his lodgings, and found a number of things, I believe my property, which I have not laid in the indictment.

The things found produced in court, and what were laid in the indictment be deposed to as his property.

Wilson the apprentice confirmed the account he had given, as to marking the things, and their being found upon the prisoner.

Prisoner's defence.

The canes, heads, and ferrels, I brought with me that morning; I was a master in Lancashire, and brought these things up when I came to London.

He called to his character James Philipson , a shoemaker, who had known him a dozen years; Mary Smith , at the Shepherd and Goat, Fleet-ditch, his countrywoman, at whose house he had lodged five weeks; and Esther Rawlinson , who had known him from a youth; who all gave him a good character.

Guilty . T .

110, 111. (M.) Arthur Roan and Daniel Archer were indicted for stealing four pounds weight of cheese, value 18 d. and six pounds weight of hung beef, value 3 s. 6 d. the property of William Shemills , January 13 . ||

William Shemills . I live in Princes-street, Leicester-fields ; I keep a chandlers-shop : Roan came to offer some cheese to sell; I said I did not want any, and bid him go about his business; this was on Tuesday last; he went away, and in about an hour after, he and the other prisoner came together, they were both in their regimentals; they wanted to buy some herrings; they pulled and houled things about, bought nothing, and went away; and after that they came a third time, that was about 10 at night; I was below; my wife called me up, and said they had taken away half a Gloucester cheese; I went and laid hold of Roan; the other was standing hallooing to him in an odd way; Roan had half a cheese under his coat; he dropped it, and ran away; I took it up, and went and laid hold of Archer, and took him to my shop; then he said he would go and take me to the other; I took him to a night-cellar in the Hay-market; standing there, he gave me the slip; after that I went over to a public-house, there I saw him sitting; I got a watchman to assist me, and took him to the Round-house; he had nothing upon him; I can only say he was at my shop with the other.

Mary Shemills . I am wife to the prosecutor: last Tuesday Archer came to our shop, with a whole Gloucester cheese, and asked me if I would buy it; I said no, and bid him, he gone; in about an hour after he came again, with the other prisoner; they wanted to buy some red herrings; I thought, by their behaviour, they did not want to buy; I would not serve them; with a great deal to do I got them out of the shop; after that I missed a piece of hung-beef; they both came a third time; they were very troublesome; and seemed to sham drunk; I called for my husband; before he came, they both got out of the shop; a woman said they had taken some cheese; I desired my husband to follow them; he went and brought this half of a Gloucester cheese back (produced in court;) we had the other half in the shop; I put them together, and know it to be our property.

Mary M'Farling . I went into the prosecutor's shop for some cheese and beer; the two prisoners came in while I was there; one of them asked for pease-soup; the woman said she sold none, and bid them be gone about their business; they both seemed to be very drunk; I directed them where they might get some soup, in Rupert-street; Roan stood near the counter; while she was serving me he went out of the shop, and I saw the cheese by his side; I told her of it; she called her husband; he followed them, and brought back half a cheese.

Roan's defence.

I went to the shop indeed, and after that I went home to bed; I know nothing of the cheese.

Archer's defence.

I was in company with Roan; we went in to buy a pennyworth of cheese each; I know nothing of the matter.

Roan called John Haswell , a serjeant in the first regiment of guards, to which he belonged, who said Roan had behaved remarkably bad since he had been in the regiment.

Roan guilty 10 d. W .

Archer Acquitted .

112. (L.) John Williamson was indicted for the wilful murder of Anne his wife , by confining and imprisoning her, from the 21st of November till the 16th of December, and denying her proper sustenance; he stood charged likewise on the coroner's inquest for the said murder , Dec 16 . *

The witnesses were examined apart.

Elizabeth Farrington . The prisoner lived in Tenter-alley, Little Moorfields, No 6 , up three pair of stairs; the house is left out into tenements; I had the two pair of stairs room underneath him; I went to lodge there in the month of June last; he and his wife were in their lodging before I came there.

Q. Do you know any thing of the prisoner using his wife ill?

E. Farrington. I have often heard her cry out with his beating her; I have heard her call out murder, and I have seen several of the neighbours go up, but I never did go up while the deceased was alive.

Q. What have you heard the prisoner say to her?

E. Farrington. I cannot tell the particular words; I have heard him talk to her; there used to be one Mrs. Cole there in the day time. One day I heard the deceased say, Pray, Mrs. Cole, for God's sake, don't let him use me so; this was at a time she was crying out, and I heard the prisoner's voice there, but's did not know what he said; Mrs. Cole in return said, ha! ha! ha! how can I help it, what would you have me to do; I know the prisoner was in the room, and using her ill, as I imagined. One day in September last she came down into my room with a pair of iron handcuffs on her hands, and they confined behind her, I think the backs of her hands were together; she turned herself to me, and asked me to untie a knot; I looked upon them and said, Lord have mercy upon me, they are iron; she said if I would take a nail or a fork I might undo them, for Mr. Williamson used to undo them with such a thing; my husband looked into a drawer, there was a piece of a file; we run the point in and broke a bit off, but could not undo them; then she said, I must go-up and stay in misery as I am till he comes home, and went up stairs again.

Q. How did he continue to behave to her after that?

E. Farrington. I often heard her cry out; I had used to call up stairs, and asked him what made him use her so, and he has abused me for so doing, and called me bad names; he has said, I did not know what a good for nothing creature she was, for if I was to be in the room one week. I should see she was a very good for nothing sort of a body. I have told him in answer, I believed he was a very bad man. I have often heard her have flls as if she was thrown down, which has shoel, the cieling, and I have heard her cry sadly when she has had such falls; I once heard the prisoner say, It is your d - d temper, why don't you go in: I have told him he had better put her into a workhouse than do as he did, he would then shew himself the honester man; he said, If the committee and he could agree he would; I asked him wo he did not take her to his bed as other men did their wives; he said, she was so swarming with vermin that he could not come near her. About seven or eight weeks before the deceased's death, I heard a child of the prisoner's cry out; the girl said, pray father, dear father, for God's sake, or Christ's sake, don't do it; and I heard him say, D - n her, a bitch, I will; I immediately opened my door and called up stairs, for God's sake, what are you at, are you murdering the woman; he came down part of the stairs with a pair of woman's stuff shoes in his hand, and said, It is my child crying out; I begged for God's sake he would take care what he was about, for he might repent when it was too late; he said, Your counsel is very good, but if I do any thing amiss I am to answer for it myself.

Q. Do you remember the time the woman died?

E. Farrington. I do; I thought it was the 15th of December, but they say it was the 16th. On the Monday night the 15th, there were strange moving-like about in his room; I thought sure the poor creature was dead, and they are going to do up their goods to go away. It was a moon light night; I watched Mr. Cole, that is Mrs. Cole's husband, the prisoner's daughter, and a little boy; they all went out together, and in a few minutes after the prisoner and his eldest son came down stairs; the prisoner turned up stairs, what to do I do not know, I thought he had forgot something; after he was gone, I thought I would see whether she was alive or not; I went up to his door and called, but nobody answered; I came down to my own room, and after that I went up again, and called again, and nobody answered. About nine o'clock, after the prisoner and his three children came back, I listened at the foot of his stairs to hear if any thing was said to the deceased, but I heard nothing.

Q. Could you understand what they said, had they been talking?

E. Farrington. When there was talking, I could know there was talking, but I could not understand what was said. There was a little passage at the foot of their stairs, I stood in that. but heard nothing said to the deceased. On the Tuesday morning, being the 16th, the prisoner sent his daughter down to me, to desire me to come up for her mother was dead: I said I would come up; some time in the day I sent a girl to Mrs. Ellison in the neighbourhood, to tell her now Mrs. Williamson was dead, because she had known her some years, and I was but a stranger; she did not come. Between eleven and twelve several neighbours came, and asked me if I would go up and look at the dead body; I believe there were eight or ten of us went up; we saw the dead body on the bedstead; I thought she looked more like a skeleton than any thing else; she had little more on her bones, set aside skin; there were marks round her ancles, and round her wrists and her middle, as if she had been tied with cords; she had received a blow on the left side her cheek, and another on the right side her forehead, as if she had had a fist drove into her cheek and forehead; she had a great many lice crawling upon her; after I had seen her, I said, Mr. Williamson, why would not you take my advice, that was to put her in the workhouse, and not to use her as he had done; he said, you may do your best and your worst, I will not fly.

Cross examination.

Q. Where had they used to diet?

E. Farrington. They always used to be up in the room, but used very often to go out on a night, and leave her in the room by herself.

Q. Was she used to be intoxicated?

E. Farrington. I never saw her eat or drink in my breath.

Q. Did you use to see her often?

E. Farrington. I have seen her go up and down stairs when I first came to that room.

Q. Did she appear as a healthy person?

E. Farrington. She looked but thin, but did not look like a sickly person.

Q. How old might she be?

E. Farrington. She appeared to be about 25 or 26 years of age.

Q. from prisoner. Whether I did not say to the women when they came up, I look upon you all to be my enemies, and bid you search and examine the body, to see if there were any marks of violence upon her?

E. Farrington. I cannot remember that; one was saying one thing, and another another; in general we all said we thought she died for want of common necessaries, after we saw the sheet turned down, to see what a thin creature she looked like.

Q. from prisoner. Do you remember I desired her cap to be pulled from her head?

E. Farrington. That I cannot remember.

Q. Do you know whether the woman was subject to fits?

E. Farrington. I saw her one night in the passage in a fit, and I remember the prisoner said, you may lie there, and be d - 'd; she was on a settle like.

Q. What is the prisoner?

E. Farrington. He is a shoemaker . After we all had looked at the deceased's body, I opened the closet door; there were some rags, and a staple drove in the wall; that staple looked brightish.

Q. from prisoner. Did not one say, there ought to be a coroner; and did not I say, with all my heart, then I should be cleared.

E. Farrington. I believe I heard Mr. Humble say, there ought to be a coroner.

Anne Hart . I knew the prisoner and his wife; as near as I can guess, they have been married better than eight months; I was at their wedding-supper, but never was but twice in the room since to the best of my knowledge; once was seven weeks before she died, on a Sunday; my husband and one William Barron were with me; the young man was a countryman of my husband's; he wanted a letter wrote, and asked my husband to get it wrote; we went a walking round Moorfields; coming up Tenter-alley, I said, I have just thought of Mr. Williamson; I said to my husband, perhaps he will write it, he writes a good hand. We went all up to his room; Mrs. Cole was in the room, but she put her hat and cloak on, and went out immediately; the prisoner's wife was sitting by the fire-side, by her husband; I said, Mr. Williamson, I am come to ask a favour, for you to write a letter for this young man; we sat down, and a pot of beer was sent for. He said, young man, if you will tell me the contents of the letter, I will write it, and bring it to your house Mrs. Hart. He said, he hoped we would go with him to the Magpye, in Bishopsgate-street, to spend the evening; my husband agreed to go; when his wife found we were all going out, she put her hands together, and said to me, for God's sake, Mrs. Hart, beg of him not to hand-cuff too, and lie me up, and I will be very good. I said, pray, Mr. Williamson, do not confine your wife to tie her up; he said, I know best what I have got to do, I shall do it; then she said, if I am to be tied up, Mrs. Hart, beg that I may have some tea in the morning; he made answer and said, According as she behaved; my husband and William Barron went down stairs directly; Mr. Williamson said, Go down stairs, and I'll follow you in ten minutes; I said, no, Mr. Williamson, I do insist upon seeing in what manner you confine your wife; then he went to the other side of the room and fetched a pair of iron hand-cuffs; he shewed them me and said, The b - h has broke the lock of them; I asked him what he did with them; he went close by the fire side and undid the closet door, which was fastened with a button; then I saw in the wall was a large staple drove much about her waist, rather too high; to that staple was a cord tied; he bid her turn, she made not the least resistance, but turned round and put her hands behind her back, quite orderly; he put on the hand-cuffs, and took her to the closet, and whether he put the rope round her body or through the hand-cuffs, I cannot tell; he drawed her tight up to the staple; she stood a tip-toe; the staple was rather too high, she could not stand upon her heels: when he was drawing her up, she called out, Oh Mr. Williamson! Oh Mr. Williamson! you draw me so tight, you'll cut my hands asunder; he said she always made that noise, and if she did not hold her tongue, he either would knock her head against the wall, or against the partition, I am not certain which; he then went down stairs, then there was nobody in the room but his daughter and I with her; then the deceased asked me if I would give her a pinch of snuff; I gave her a pinch, and wiped her nose myself, because she had got no hands to use; she then asked me to ask Mr. Williamson's daughter to let her have a little stool to put under her feet that stood by the fire; I said to the girl, Mercy, do put the stool under your mother's feet; Mercy made answer, she dare not, for her father would beat her; I then said, I shall put it under, and I put it under myself; she then stood upright and thanked me, and said she stood much easier then; then I left the daughter and wife, and went down stairs, and overtook Mr. Williamson, the young man, and my husband; I said, Mr. Williamson, don't be angry with your daughter for the stool being under your wife's feet, for I put it under myself; he then said, I will break every bone in my daughter's skin for letting you put it under, for the b - h will get out of the closet.

Cross examination.

Q. You say you was at the wedding supper, have you seen him often since?

A. Hart. I have seen him very often; I may have seen him five or six times when they were first married.

Q. Did he assign any reason why he tied her up?

A. Hart. I have often talked to him when I have met him, and said, why don't you get her into the workhouse, you may bring yourself into trouble; he said, When she died he would send for a doctor to search her, for he always used her well.

Q. Did he give you any reason why he thought it necessary to tie her up?

A. Hart. He gave me none at all at that time; I have heard him mention her destroying his things, but not at that time.

Q. Did the woman complain of wanting food?

A. Hart. No, she did not at that time.

Q. Have you heard her complain of that at any other times?

A. Hart. I have.

*** The Last Part of these Proceedings will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's COMMISSIONS of the PEACE, OYER and TERMINER, and GOAL DELIVERY FOR THE CITY of LONDON; And also the GOAL DELIVERY FOR THE COUNTY of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 15th, Friday the 16th, and Saturday the 17th, of JANUARY.

In the Seventh Year of His MAJESTY's Reign. Being the Second SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE SIR ROBERT KITE , KNT. LORD-MAYOR of the CITY of LONDON.

NUMBER II. PART II.

LONDON,

Printed for J. WILKIE, at the Bible, in St. Paul's Church-Yard.

[Price Six-Pence.]

THE WHOLE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of LONDON, &c.

Continuation of the Trial of John Williamson .

Mercy Williamson .

I AM daughter to the prisoner

Prisoner. Speak the truth, child; do not tell a lye to serve me.

Q. How old are you?

M. Williamson. I am about fifteen years of age.

Q. Did you ever see your father use your mother ill?

M. Williamson. I have seen him strike her.

Q. When? you are to be sure to say nothing but what is truth.

M. Williamson. I have not seen him strike her a good while, but I have seen him throw water over her.

Q. Do you remember any thing about the closet?

M. Williamson. He used to tie her up.

Q. How often has be tied her up?

M. Williamson. Pretty often, with her hands behind her, and hand cuffed her; then tied a rope to a staple, and drew it through the hand-cuffs, and then drew it up to a nail overher head.

Q. How long had he had these hand-cuffs?

M. Williamson. I cannot Justly say how long.

Q. How long had she used to be tied up at a time?

M. Williamson. The last time my father tied her up, she was tied up a great while.

Q. How many weeks?

M. Williamson. A month I believe.

Q. Was she not let down in that time?

M. Williamson. No; she remained without being let down at all, or going to bed.

Q. How did she do the offices of nature during that time?

M. Williamson. I do not know that she wanted much; as far as I could I helped her, and so did Mrs. Cole.

Q. At the time you helped her, did she continue tied up?

M. Williamson. Yes, she did.

Q. How came you and Mrs. Cole not to take her down?

M. Williamson. She would not let Mrs. Cole and I tie her up again, that my father should not know of it, for then I should get licked; if my father knew it, he would have licked me.

Q Whether you ever did let her down, you or Mrs Cole?

M. Williamson. Yes; when he has known it, he has threatened to lick me, and said, if he ever knew it, he would lick me well.

Q. Was this before or after the last month?

M. Williamson. This was before the last month.

Q. Did Mrs. Cole ever let her down?

M. Williamson Yes , I was present.

Q. During the last month had the the use of her hands?

M. Williamson. She had not.

Q. How did she do to eat?

M. Williamson My father used to give her a bit of bread and butter, and put it on a shelf for her to eat it.

Q. How could she reach it?

M. Williamson. She could reach very well to it with her mouth.

Q. How large were those pieces of bread and butter?

M. Williamson. A slice from a threepenny loaf, round it.

Q. How often was bread and butter put there?

M. Williamson. It was put there every day.

Q. Did you find part of it the next day?

M. Williamson. She eat it all.

Q. Was it a thin slice or thick?

M. Williamson. Pretty thick.

Q. How did she get it forward?

M Williamson. Sometimes me, sometimes Mrs. Cole, and sometimes my brother, have put it close.

Q. What had she to drink?

M. Williamson. She drank water; she never drank beer in her life; her mother never could make her drink either strong or small.

Q. How did she come at water?

M. Williamson. They used to hold it to her mouth while she drank.

Q. Did she set her feet on the ground?

M. Williamson. Yes, just upon her feet.

Q. Did she stand flat footed?

M. Williamson. I believe she might, and sometimes on her toes.

Q. Has she applied to you to put something under her feet?

M. Williamson. She has; she used to say, in case we could put the stool under her feet, she should be easier.

Q. And did you not do it?

M. Williamson. I must not do it before my father.

Q. Why so?

M. Williamson. My father would have licked me, or any of us, if we did; I have done it, and he has threatened to lick me; when we have put it under her, he has said, I tell you what, if ever I know you put it under again, I'll lick you as long as I can stand over you; for the stool she shall not have.

Q. Where was you when she died?

M. Williamson. I was in bed and asleep when she died.

Q. You mentioned something about throwing water at her, how was that?

M. Williamson. One day my father said, throw a pint of water over her; throw a whole heap; throw it in her face; I took half a pint, and threw it at her; he said, throw more; I said I would not.

Q. Where was she then?

M. Williamson. She was then tied up in the closet; I did not like to throw it, only my father made me.

Q. Was she fainting, or was it done by way of punishment?

M. Williamson. By way of punishment.

Q. Has that been done by any body else?

M. Williamson. My father has done it many a time; before my father used to tie her up, she used to go down and scandalize my father about, and so my father used to throw water over her.

Q. How scandalize him?

M. Williamson. She reported it about, that my father starved her; when she has had victuals plentiful along with my father, she has gone down stairs, and begged victuals, so he flung water in her face.

Q. Was this done more than once?

M. Williamson. Yes, he did it more than any body else.

Q. Whether, when the bread and butter was given her, did she ask for more?

M. Williamson. Yes, sometimes she did, and sometimes she did not; my father has said, if that was not enough, she should have no more, for she works for none.

Q. Had she any thing more than bread and butter the last month?

M. Williamson. No, without there was any thing left that my father could not eat, he would order us to give it her.

Q. Where did you dine?

M. Williamson. We used to dine at the table with my father; there was but one room and the closet; sometimes my father would not let me give her victuals that he could not eat.

Q. When you dined in the same room, whether at that time of dining did you give her bread and butter, or at any other times?

M. Williamson. It used to be in the morning, and sometimes at dinner-time, when my father would not let her have it before. She has asked for victuals, and my father has said, stay a bit.

Q. Had she victuals any more than once a day?

M. Williamson. Sometimes at night my father would give her a bit of bread and butter.

Q. What had you for dinner?

M. Williamson. We sometimes had a bit of meat for dinner, sometimes a bit of bread and cheese, and bread and butter. When my father was at dinner, he would have the closet door shut during the time of dinner.

Q. Was it always shut when your father was at dinner?

M. Williamson. It was, most an end.

Q. Did she not ask for victuals that you dined upon?

M. Williamson. I do not remember that she did.

Q. Do you remember her having a morsel of flesh for the last month?

M. Williamson. Yes, she might have it two or three times.

Q. When did you first hear of her being dead?

M. Williamson. My father let her down on the Sunday before she died, to have some dinner; she was very weak and low, you could hardly hear her speak; we had that day a mouse buttock baked and onions, and he gave her some upon a plate.

Q. Did she eat any?

M Williamson. She did not eat a great deal; she said she could not eat it; she gave my father it in his hand, and said, Mr. Williamson, take the plate, I can't eat no more; my father said, cannot you eat no more, Nanny; no, said she, I cannot.

Q. Could she walk when she was let down?

M. Williamson. She staggered vastly, and was very weak; she did stand a little bit, but was forced to lay hold of things.

Q. Whether she eat one morsel of that meat?

M. Williamson. She eat two or three mouthfuls.

Q. Where did she eat that victuals?

M. Williamson. She eat it in the closet; there were some rags in the closet, and she sat upon them; her hands were so numbed and swelled, that she could not use the knife and fork hardly; the hand-cuffs were taken off then, and they were never put on afterwards.

Q. Did she stay in the closet?

M. Williamson. She did all that night, and the closet door was shut. She desired, after she had eaten the victuals, to come to the fire. I said, father, let her come to the fire; he said, come out. She said, Mr. Williamson, let me buss you; she kissed the side of his cheek; he did not kiss her again; she said, shall I read a book called Moll Flanders; she spoke very low you could hardly hear her. My father said, he thought that was not a book sit to be read on a Sunday.

Q. How long did she stay by the fire?

M. Williamson. About a quarter of an hour, or half an hour; she was swarming with vermin; she begun to kill them; my father said, do not sit throwing them about here, but get into your kennel.

Q. Did he throw any water on her that day?

M. Williamson. No; then she went back to the closet.

Q. How did she come out and go in again?

M. Williamson. She laid hold of the door as she came out, and helped herself along as well as she could; the fire side is very near the closet.

Q. What time was it when she went back to the closet?

M. Williamson. That was about two o'clock.

Q. Did you go out that afternoon?

M. Williamson. No, but the closet door was shut.

Q. Did you hear her make any complaint?

M. Williamson. She said she was very cold, and that; and she said she had got a pain in her stomach.

Q. Did she come out of the closet after that?

M. Williamson. She came out once more that day, and Mrs. Cole gave her an apple.

Q. Was your father in the room then?

M. Williamson He was.

Q. How long did she stay out that time?

M. Williamson. She did not stay out above ten minutes I believe; she went to the fire, and sat by my father; my father said, go in again, you have sat long enough; now you are warm, go in again, you shall not sit here.

Q. What time might it be when she went in the second time?

M. Williamson. It must be about four or five o'clock.

Q. Did you see her any more that night?

M. Williamson. No; she said, Mr. Williamson, shall I go to bed to night; he said, she might make her bed up in the closet if she would.

Q. What had she to make her bed up with?

M. Williamson. Only rags and a sheet.

Q. Who gave her that sheet?

M Williamson. That was one of her own sheets that she brought when my father had her.

Q. What sort of a bed does your father lie on?

M. Williamson. He lies on a stock bed.

Q. Any Curtains?

M. Williamson. No.

Q. Where had you used to lie?

M. Williamson. I lay on a little bed, and my father and my two brothers used to lie together on the other.

Q. What time was it when she asked to go to bed?

M. Williamson. That was about the time we go to bed, which may be about eight or nine o'clock; my father awaked me about five the next morning, and said, Nanny is in one of them terrible sits; her sits were so terrible, that made the house shake.

Q. Where was you then?

M. Williamson. I was in bed; my father bid me lie still, and said, I'll go and see how she is; I saw him go to the closet.

Q. Was the door shut or open?

M. Williamson. The door was shut; he opened it; I went to her; she had got her face up against the wall, and was in a violent working; the foam and blood came out of her mouth; I saw it, and saw her mouth work, and the foam; I did not see the blood.

Q. How do you know there was blond?

M. Williamson. My father said there was blood; she shook very much.

Q. Was she subject to fits?

M. Williamson. She used to have sits before my father had her.

Q. Did your father call any body up?

M. Williamson. No, he did not.

Q. How long was she in that sit?

M. Williamson. An hour and a half, I believe; after that she slept till after we had done breakfast, about 9; she waked about 10, and had got her apron up, and wiped her month, and was like a mad woman; she called my father Daddy; my father was at home; Mrs. Dennis came in to have her shoe mended; she heard her in the closet, saying, Daddy, let me come out: my father said no; dress yourself, and then you shall come out.

Q. What clothes had she on?

M. Williamson. She had nothing on but her gown, petticoat, and apron, but no stays; I went to her, and said, Dress yourself, and my father will let you come out; at that time she was like a mad thing, till between four and five in the afternoon; my father then went and held up her head, but she was speechless: she died about five o'clock on the Tuesday morning.

Q. Where was she all the night?

M. Williamson. She was in the closet.

Q. Was the closet-door open or shut?

M. Williamson. It was shut.

Q. Did you look at her before you went to bed?

M. Williamson. I did, and so did my father; she was lying in the closet, and her eyes were fixed; we looked at her two or three times; I said, Father, I am afraid she will die; she will not live the night over: betwixt seven and eight o'clock Mrs. Cole asked my father to sup with her; he said to me, Do you go first, and I'll come after; so he and my brothers, and I, went there to supper.

Q. What time did you go to bed?

M. Williamson. We went to bed between nine and ten; I looked at her at nine; she was all the same as before; she did not move, but my father said she was not dead; I went to bed, but my father went out to Mrs. Cole's.

Q. You was saying something about your father holding up her head; what was done?

M. Williamson. I went to give her some tea; she could not take a drop; her teeth were clinched.

Q. Who did your father leave with her, when you all went to Mrs. Cole's to supper?

M. Williamson. My father wou ld not leave one soul with her; Mrs. Cole offered to stay with her; I said, Father, some body ought to be with her; my father said. No, no, never mind.

Q. Did any body else see her that day?

M. Williamson. Mr. Cole was there that afternoon, with his wife.

Q. Where does Mr. Cole live?

M. Williamson. He lives in Whitecross-street, a little way off.

Q. What time did you come home?

M. Williamson. We all, my father, two brothers, and I, came home together, about nine o'clock; then my father went and looked in the closet, and bid me come and hold the candle; my father said he did not believe she would live till morning: I said I thought it was proper to have a candle all night, because I did not think she would live till morning.

Q. Was she alive or dead?

M. Williamson. I took hold of one of her arms, it was warm, but I did not see her more; she was not dead.

Q. Was there a candle all night?

M. Williamson. There was.

Q. What happened afterwards?

M. Williamson. My father awaked me about five o'clock on the Tuesday morning, and told me he got up about three; he said, Nanny is just gone off.

Q. Had she any sits from the time they were married till this time?

M. Williamson. She was subject to sits all her life-time; she has had three or four in a day.

Q. Did you know her before she was married?

M. Williamson. I did; and my father knew her from a child.

Q. During the last month, how many sits had she?

M. Williamson. She had four or five in a day.

Q. What, while she was tied up?

M. Williamson. Yes; they were different sorts of sits, that did not hold her above a minute or two; they had not that working upon her.

Q. Had she used to cry out?

M. Williamson. Yes, she did.

Q. Was she never taken down when she had these slight sits?

M. Williamson. No.

Q. How did your father and she live together at first; had they used to lie together?

M. Williamson. She used to lie in the same bed with him a little while.

Q. Was he kind to her at that time?

M. Williamson. Yes.

Q. How long did they continue to live together in that kind manner, she eating at his table, and having as much as she pleased?

M Williamson. That might continue about three weeks, I believe, not longer.

Q. How did that conduct happen to alter?

M. Williamson. Because she used to go to Mrs. Neves's room, and say, what a rogue I have, he will not give me a bit of dinner, and his children and he sit there; and other people have seen her have as much as she could eat.

Q. Have you ever heard her say so?

M. Williamson. No; but other people have told my father of it, how she has scandalized him.

Q. Have you ever heard people tell your father so, in your mother's presence?

M. Williamson. I have; and my father has said, Nanny, how can you accuse me; have you not had victuals to and so: she has said, Lord, Mr. Williamson, I did not think any harm in saying so: she used to go out frequently at first, and used to scandalize him every time she went out.

Q. How long had she been married before she came to be tied up?

M. Williamson. I believe they had been married about three months before he tied her up, and used her so.

Q. How did it begin?

M. Williamson. One night, Mrs. Cole and I were in the room, my mother was sitting upon a trunk by us; my mother was very apt to turn up the whites of her eyes; Mrs. Cole said, Come down stairs, your mother has frighted me so, I don't know what to do; my mother said, Don't go down; and doubled her sits: we ran down to the bottom of the alley, and met my father; I said, Lord, father, your wife has frighted me so, by turning up the whites of her eyes, and doubling her sist; and she has frighted Mrs. Cole and your little child: my father went home, and took her by the arm, and shook her.

Q. How long were they married before they parted beds?

M. Williamson. She did not lie with him above two or three times; they lived quiet, and that.

Q. Then they were sociable together, only with regard to parting beds?

M. Williamson. Yes.

Q. Where did she lie?

M. Williamson. She lay upon an old mattress, under some shelves, and upon some rags, in the room where we lay; they were sociable about three weeks.

Q. Upon this complaint made by you, when he took her by the arm and shook her, what passed after that?

M. Williamson. She said she would never do so no more; he said, I do not want to hurt a hair of your head, but do not frighten my children.

Q. Why was you frighted?

M. Williamson. I was afraid she was going to do something to me; she threw a knife at me once.

Q. What for?

M. Williamson. My father had saved some tea for my little brother, and she drank the tea, and put water in it; and, when the child came home, the child complained it was not sweet; my mother owned she had drank it: when my father came home, the little boy told him; then he took and shook her by the arm, but did not strike her. Once, when my father's back was turned, she said to me if I did not give her a penny for a dram, she would throw the knife at me; she threw it, and it stuck in the ground.

Q. Did she drink drams?

M. Williamson. If she could get a dram any way, she would.

Q. How long after this was it, she was put into the closet?

M. Williamson. I believe about two or three months.

Q. How came they to part beds?

M. Williamson. Because she said my father would not let her alone; and used to complain and say, she had rather lie any where else than with him.

Q. Who did she complain thus to?

M. Williamson. She complained to Mrs. Cole, and to the folks in the house, that he used to push her about.

Q. Do you mean that he was over fond, or cruel to her?

M. Williamson. I cannot say rightly for that; she said he used to push her about, and she lay upon nothing but the bed-posts; it was at her desire she lay upon the mattress.

Q. Who lay in the bed with your father?

M. Williamson. My little brother lay with him.

Q. Whether she was fastened or chained to any thing before she was put into the closet?

M. Williamson. A rope was tied round her body, and a staple fastened to a post by the bedstead.

Q. How long was this after they were married?

M. Williamson. This might be about two months after they were married; he tied a rope round her waist, and so to the staple, when he used to go out.

Q. When were the hand-cuffs first brought home?

M. Williamson. I remember the morning my father went and bought them.

Q. Where did he buy them?

M. Williamson. I have heard the people say he bought them at Wood-street Compter.

Q. How long after he used to tie her to the post?

M. Williamson. It was not a great while after that.

Q. Had he used to hand-cuff her before he put her in the closet, or after?

M. Williamson. He hand-cuffed her before he used to put her in the closet, but never while she was tied to the staple to the post.

Q. Where had she used to be before she was put in the closet?

M. Williamson. She used to set upon a trunk by the window, and in the day-time he would put the hand-cuffs on her; she was never tied up continually till in the closet.

Q. Did she always apply to you when she wanted assistance, when she eased nature in the closet?

M. Williamson. Yes, she used to call to me and Mrs. Cole.

Cross examination.

Q. What sort of a woman was this mother-in-law as to sobriety?

M. Williamson. She would drink drams.

Q. Did she use to get drunk?

M. Williamson. Yes, she did.

Q. Did she ever appear as if she had been rolled in the dirt?

M. Williamson. No, she never did.

Q. How did she carry it towards your little brother?

M. Williamson. She used to hate to see him in the room.

Q. Did she ever offer any act of violence to him?

M. Williamson. Only she has slapped his face.

Q. Did she never attempt to put him in the fire?

M. Williamson. I don't know of any such thing.

Q. At what times had she used to slap him?

M. Williamson. When he had done a fault.

Q. Do you remember her damaging any of your father's things?

M. Williamson. Once she made away with a pair of soles.

Q. How do you know she did?

M. Williamson. My father said he missed them; and sometimes, when she went to strike a light, she would do it on the edge of one of his sharp knives.

Q. Was this usage to her by way of punishment or prevention?

M. Williamson. It was to stop her from doing us any harm.

Q. Had people used to come up into your room often?

M. Williamson. People used to come up, my father's acquaintance, but not often.

Q. Did any body besides you see her tied up?

M. Williamson. Mrs. Hart did once.

Q. Did he tie her up when he beat her?

M. Williamson. He did.

Q. What had she done when he beat her?

M. Williamson. She had done nothing in particular, as I know of, only a begging victuals, and so.

Q. Did you go to see your father in the Compter?

M. Williamson. I did.

Q. Did you say there, it was hard he should be confined there for starving your mother, when she eat more than you all did?

M. Williamson. I do not remember I said so.

Q. Is all you have given in evidence a truth?

M. Williamson. It is, as far as I know; I don't like to say any thing against my father, but I must.

Q. At the first of your mother's being married, had the vermin?

M. Williamson. I don't know that she had.

Q. from prisoner. Whether my wife used to play at cards, at my lady's-hole and all-fours?

M. Williamson. What the time she was confined?

Council. Yes.

M. Williamson. No, Sir, not as I know of.

Q. from prisoner. Did not she desire Aesop's Fables and Moil Flanders should be read to her?

M. Williamson. Not lately.

Anne Cole . I used to be pretty often at the prisoner's house in his wife's life-time.

Q. Have you seen her out of the closet?

A. Cole. I have.

Q. When was the last time?

A. Cole. The day before she died.

Q. Have you seen her often the last five weeks?

A. Cole. I have seen her at times the last five weeks.

Q. How often was you there in that time?

A. Cole. I was there two or three days in a week.

Q. Was you not there six days in a week?

A. Cole. No.

Q. Did you ever see her out of the closet during the last month before she died?

A. Cole. I did; on the Sunday before she died, and on the Friday before she died.

Q. Have you seen her often in the closet?

A. Cole. I have pretty often; when the prisoner went out, he used to fasten her up.

Q. How was it when he was at home?

A. Cole. Sometimes, in the room and sometimes in the closes, but not fastened.

Q. How many times in the last month might you see her in the room unconfined?

A. Cole. A good many times.

Q. How often?

A. Cole. I can't tell.

Q. Which did you see her oftenest in, in the room or in the closet?

A. Cole I saw her oftenest in the room.

Q. Did you ever see the prisoner do any thing to her when confined in the closet?

A. Cole. I have seen him strike her.

Q. Did you ever see her at liberty six times in the last month?

A. Cole. I have seen her more than six times; she was not continually fastened up every day.

Q. How can you speak to that, when you said you was there only about two or three days in a week?

A. Cole. I mean every time I was there.

Q. How many times have you seen him strike her while tied up in the closet, and for what?

A. Cole. As near as I can guess, I saw him strike her twice; he used to say she had burnt his tools, and destroyed the things.

Q. Did you ever hear her complain of pain while tied up?

A. Cole. I can't say I ever did; I have often undone her when he has been out of the way, and let her run away.

Q. Do you mean in the last month?

A. Cole. I do.

Q. Did you never susten her up again?

A. Cole. No.

Q. What do you mean by running away?

A. Cole. She went down stairs.

Q. Did the come back while you was there?

A. Cole. Yes.

Q. How long has she been absent?

A. Cole. I can't tell; sometimes she staid longer than other some.

Q. By undoing her, what do you mean by that?

A. Cole. I only loosened her from the cord.

Q. Did you ever see her loose in the room at any time but when you untied her?

A. Cole. Sometimes her husband untied her, and sometimes the girl.

Q. Did you see her husband untie her the last ?

A. Cole. I did.

Q. More than once?

A. Cole. Yes.

Q. Was you there when she was untied on the Sunday?

A. Cole. I was, and she was not tied from that time till she died; she has continued untied at times when I have been there, as long as I staid, which used to be till about half an hour after seven o'clock at night.

Q. Have you never said before any body what was the cause of her death?

A. Cole. I have said her sits and ill usage might be the occasion of her death?

Q. Now tell the court and the jury what you think was the cause of her death?

A Cole. In hand cuffing her and striking her, and throwing water upon her, I did not mean with regard to victuals and drink.

Q. What do you mean by throwing water upon her?

A. Cole. I have seen him throw water at her.

Q. How many times?

A. Coles. I can't say.

Q. Twenty?

A. Cole. No.

Q. Ten?

A. Cole. No.

Q. Four or five?

A. Cole. Yes.

Q. Why did he throw water upon her?

A. Cole. Because she used to go about and sell his master's stuff, and the children have found fault with her. On the Monday morning before she died, he sent the boy for me; I went; he said, Mrs. Cole, my wife has had a terrible sit this morning, it took her about four o'clock; I looked at her; she was like a mad woman in balham; when I went to speak to her, all she said was, Daddy! daddy! I am coming *! I staid about two hours, and come home and went again; she continued the same; she laid herself down at half an hour after five; he put the pillow under her head and covered her up; her head lay in the closet, and her feet out, upon a little stock bed, with a sheet and rug over it; I went away, and in about half an hour after I had been at home, he came up with his children; I asked him how his wife did; he said she was in a charming sleep, and on the Tuesday morning he came and said she was dead.

* The divers persons that died for want of sustenance in the Wager's long boat after she was cast away in the South Seas, were taken in this wild manner in their beads just before they died. See Mr. Bulkley the Carpenter's Narrative.

Cross examination.

Q. Have you been there when he and his family used to eat?

A. Cole. I have, and when she was not tied up she used to eat the same as they.

Q. When she has been tied up, how has she been fed?

A. Cole. I don't know she was ever tied up at meal times when I was there. On the Sunday I was there, there was a mouse buttock stuffed with sage and onions; she eat of that, and left a piece about the bigness of the top of my thumb, and put it down to the cat; he said, Nanny, you will be glad of what you give the cat; she said she could not eat any more.

Q. Within the last five weeks, have you seen her eat with him at the table besides that Sunday?

A. Cole. I have, with him, and the children and me.

Q. Had she always as much as she pleased to eat?

A. Cole. She always had enough, as much as she cared for; I remember the daughter coming to see him in Wood-street Compter; as we were coming away, she hugged her father round the neck, and said, Oh! my dear father! that you should be imprisoned for starving such a creature to death, when she eat more than we did.

Q. Do you remember him in his former wife's time?

A. Cole. I do; I never heard but that he was a good husband; he had a great family of children to bring up.

Q. from prisoner. Have you not heard her read these books, Moll Flanders, and seen her play at cards with my daughter, within a month of her death?

A. Cole. I have, when she has sat by the fire, and the girl has taken delight to hear her; I have been sitting by the fire at the same time; we have played at cards, sometimes she and I played, and sometimes she and the girl.

Q. Did you give the same evidence before the coroner as you have done here?

A. Cole. I was quite in a flurry before the coroner, I don't know what account I gave.

Q. Whether you was not asked the question by some of the jury before the coroner, if you ever saw the woman untied once in the course of five weeks before she died?

A. Cole. I do not know that that question was put to me.

Q. from prisoner. After we had been married four months, when we had been out, whether my wife was not dead drunk upon the bed when we came home?

A. Cole. Yes. She had got her liberty, and got down into the alley; and when we came to his room about nine o'clock, he went up first, we followed; the door was open; he said, Nanny; he called two or three times; then he got a light; there she was on the bed; he went to lift her up; she was just like a child, she had no strength; he said to the girl, make up another bed, for the shall never lie in my bed any more.

Prisoner. We had some tea, and I left some for my little boy, and ordered her not to partake of it; she drank it up, and filled the pot up with piss; do you remember that?

A. Cole. The child puked at it, and I went to taste it, and it tasted like piss; she said if she did it, she did not know that she did do it.

Q. Was she sober at that time?

A. Cole. She was, but this was the way she used to answer.

Charles Barton . I am a surgeon, and live in Redcross-street; I did not know the deceased in her life time; Mr. Howard, a calender and hot-presser, that lives opposite where the prisoner did, desired I would go and see the body after she was dead, I think it was on the 18th of December; the first time. I saw her was about one o'clock in the afternoon, I then only took a general survey of the body; the only appearance of any violence that I took notice of, was a kind of a livid coloured mark upon her left cheek; there was the like appearance of a blow on the right side the upper lip; I turned up the lip, and discovered a cut against her teeth; it appeared to be quite through the red part of it. In the evening the coroner and jury sent for me while they were sitting; about half an hour after eight, I went and opened the body; first of all I took a view of the lungs and the liver, and cut through the heart; they did not seem at all diseased; the small got appeared distended with wind; I cut through the gut long ways, there I found nothing but a bit of hardened excrement; I observed the caul which is a fat membrane, and the membrane which connects the bowels together in their windings, that was wasted to quite a thin skin, not fat as usual: it was reduced to a transparent membrane: in the last place I diffected out the stomach, and had a bason, into which I pressed the contents of it, which was something less than a quarter of a pint; I mentioned three ounces, which is three quarters of a quarter of a pint; it was an uniform kind of a brown glutinous liquor, with some little froth in it; in the small gut which I cut into, was scarcely the common mucus of the bowels, but seemed dry.

Q. What do you say to that brown liquor you observed in the stomach?

Barton. That I apprehend was so small a quantity, that the action of the stomach could not possibly throw it over into the bowels.

Q. What in your opinion was the occasion of her death?

Barton. As there was no appearance at all of any food being received lately, she might, for what I know, be starved; my opinion is, she died for want of food; there was not the least appearance of her having received any food for a considerable time; I have often reflected upon it since, and I cannot find any reason to alter my opinion.

Q. What do you mean by the word lately received food, that she had not received food for a day or two, or five or six days, could you have perceived a difference?

Barton. Undoubtedly.

Q. Do you think she had not received food for two days?

Barton. I think she had not received food for a longer time than two days.

Q. Do you apprehend she had not received food on the Sunday?

Barton. I certainly believe she could have received none on the Sunday; there was an appearance sufficient to make me believe she had received none some time before the Sunday.

Cross examination.

Q. Did you ever see a person opened that had been starved?

Barton. No.

Q. Supposing she had taken sustenance on the Sunday, whether the violent sit she had been in might not have evacuated that in discharging the stomach?

Barton. If she had a vomiting doubtless it might.

Q. Was there not a quantity of excrement in all the bowels?

Barton. There was a quantity of hardened excrement in all the bowels, but none in the small gut.

Q. Was there nothing solid in the stomach?

Barton. No, there was not.

Q. Was there any urine in the bladder?

Barton. I did not examine the bladder.

There were evidences in court to prove the prisoner's buying the band-cuffs, and also his receiving 60 l. and upwards on the 2d of September, the property of his wife, of her guardian, but it was thought needless to call them.

Prisoner's defence.

My Lord, and Gentlemen of the Jury, I had been married to my wife about three weeks; I went into the country to pay some money that I owed; when I came back, I heard there was a great confusion at home; my girl told me my wife had been in one of her phrenzy fits, she said she would not lie with her; she had searched the bed, and under the pillow she found one of my working knives; at another time she threw a knife at the girl, and it sell to the ground and broke in two; at another time, in my absence, she got drunk, which was the cause of our separating beds. I can't help making mention of a simple story; I went out once, and left three kittens at home; on our return, I did not expect any cruelty acted to those little animals; I found one of them had been trampled upon and pressed to death, and the other two she had trampled upon them, that their bones were broke; I asked her how she came to do it; she said she meant no harm; I confined her for what my girl said; she said, father, you don't know how I have been frighted at her when you are out, she turns up her eyes, I can't bear to be in the room without you tie her up. About five weeks before she died, I said she should not go out, as she used to scandalize me; and when I went out, I have ordered my girl to give her tea, bread and butter, and sometimes a dram; I always took care to undo her when I came home; she never was tied up one night during the five weeks; sometimes she would make her bed close by mine, and sometimes she would make her bed with her head in the closet and her feet out; as to sustenance she always had her meals with me, except when she was guilty of any particular crime, such as cutting things to pieces; in darning her stockings, she would cut off more than she would darn up, and throw my tools into the fire and burn them. I always gave her meals regular, sometimes tea in an afternoon, sometimes not. On the Sunday before she died she eat a piece of meat; I said to her, Nanny, can't you eat this; she said, I can't eat it: I never denied her the necessaries of life; I always took care to fill her belly; I kept her confined, because she used to frighten my children in my absence, by turning up the whites of her eyes, and they were fearful of her doing them some mischief.

For the prisoner.

Thomas Mason . I knew the prisoner's wife; she was troubled with fits, I have seen her in fits; I have been there when they have been at meals, to the best of my remembrance it is about eight weeks ago when I was there.

Q. Was you there within the last month before she died?

Mason. I believe I was there about three weeks before she died.

Q. Can you say you was there when they were eating within three weeks of her death?

Mason. I cannot say that; I cannot say the particular time.

Q. Did she sit at table when you saw her, or was she in any other place?

Mason. She was at the table, and he sat along side of her.

Q. How long is that ago?

Mason. That may be about ten weeks ago; I never knew him refuse her eating when he was eating; she has eat very plentifully, and he has asked her to eat more; he, his wife, and I, had a dram together, that was within these 8 weeks.

Cross examination.

Q. Do you know nothing of a pair of hand-cuffs which the daughter brought to you?

Mason. Yes, the prisoner's daughter brought a pair of hand-cuffs to me when my wife was out of the way.

Q. What did you do with them?

Mason. My wife was frighted at them, and I took and flung them into Fleet-ditch.

Q. Was this before or after the death of the woman?

Mason. This was after the death of the woman.

Martha Mason . I am wife to the last evidence; I never was at the prisoner's house but twice in my life, that I believe is about eight weeks ago; my husband and I were together; the deceased was blowing the fire then; the first time she was unravelling a pink stocking by the fire.

Henry Cole . I am a shoemaker, husband to the woman that gave her evidence; I was at the prisoner's lodging within a month of the death of the woman.

Q. How often was you there?

Cole. I was there three or four times in a week.

Q. Confine yourself to speak within a month of the death of the woman.

Cole. I will; I was there at meal times, sometimes at meal times twice in a day, breakfast and dinner; he cut a plate of meat for her every time I was there.

Q. Had they meat every time you was there?

Cole. They had.

Q. Where had she used to eat it?

Cole. Sometimes in the closet, and sometimes in the room, but not confined in her meals.

Q. Was you there three or four times in the last month constantly?

Cole. I was, and I never knew him refuse her food when I was there; when she would not help herself he cut for her, and asked her if she would have any more.

Q. What is the prisoner's character?

Cole. He bore a very good character ever since I knew him; he had five or six children, and worked very hard for them day and night.

Cross examination.

Q. You say they had meat every time you was there the last month?

Cole. Yes.

Q. Did she eat her victuals at the same table with the prisoner in the last month?

Cole. No, she did not in the last month.

Q. What was the reason of that?

Cole. I don't know.

Q. Have you seen her out of the closet eating her dinner?

Cole. She would sit at a table by herself in the room.

Q. Was this within a month before she died?

Cole. Yes; I would have had her come to the other table, and they said it was not proper.

Q. What reason did they give?

Cole. Because she was a woman not like to another.

Q. In what respect? (he being at a loss for an answer, the question was repeated.)

Cole. - She had nasty rags in her hand, and a handkerchief, and what not.

Q. Will you take upon you to say there were two tables in the room?

Cole. There were, a great one and a little one, and she might come to the table if she would.

Q. Why did she not come to the table where you was?

Cole. He used to cut her meat and she would take it to the other table.

Q. Do you say that now? you said they would not let her come when you have asked for her to come to the table, which of these two stories do you stick by?

Cole. Sometimes she helped herself, and when she would not he cut for her.

Q. Upon your oath whether she ever helped herself once in the last month?

Cole. My memory is very bad.

Q. Was this woman ever asked to come to the table by her husband within the last month?

Cole. I can't justly say.

Q. You can say whether you believe it or not?

Cole. No, I do not believe he did.

Q. Will you take upon you to say you saw her out of the closet once in the last month?

Cole. My memory is so bad I cannot say.

John Carpenter . I know the prisoner exceeding well, I have known him about seven years.

Q. What is his character particularly as to his humanity?

Carpenter. He has an exceeding good character as to that; I have known him to be an exceeding good man to his first wife and his family.

John Crotchet . I have known him six or seven years.

Q. What is his character with regard to his humanity?

Crotchet. I never heard but that he was a pains taking man, I believe a tender man to his former wife; I have called at different times; I believe he is a very human man, according to his family.

Sarah Berry . The prisoner lodged with me two years and a half in his former wife's time; he was always a very tender husband and father in my house; he bears a good character as far as ever I heard. I have known him to have but a pennyworth of bread, and has gone out to walk in the fields, and left it to his wife and children.

Elizabeth Collins . I have known him ten years; he was always an honest just man; I never looked upon him as a cruel man; he was always a good man to his wife and family.

Hannah Cook . I have known him 15 years; he is a very sober, honest, well behaved man, all the time I have known him.

Q. from prisoner to daughter. Whether you have not desired me to confine her, fearing you should be frighted?

Daughter. I have said, father, I am afraid of your wife's striking me.

Q. from prisoner. Whether when I confined her and went out, I did not always undo her?

Daughter. Not latterly.

Guilty . Death .

He received sentence immediately to be executed on the Monday following, and afterwards to be dissected and anatomized ; after which he turned to the court and said, my death is owing to that wicked d - l my daughter, notwithstanding she gave her evidence with trembling and tears.

113. (M.) William Egan was indicted for stealing 40 pair of silk stockings, value 20 l. the property of Jonathan May , privately, in the shop of the said Jonathan , Dec. 29 . ||

Jonathan May , I am a hosier , and live near St. Clement's Church in the Strand ; I missed my goods mentioned in the indictment last Tuesday was a fortnight; I cannot tell justly how many I lost, but I can swear to 40 pair; when the prisoner was taken, he acknowledged he was concerned in stealing my stockings, and gave an account of the evidence and Field; Field is not taken.

John Brook . I am a pawnbroker on Ludgate-hill; last Monday was a fortnight, a woman came with a pair of silk stockings to pawn; I asked her if they were her own; she said, a man at the door owned them; then the prisoner came in; he said they were his own; I suspected them; I stopped the stockings, and advertised them the next day; and on reading the paper, found Mr. May had lost some; I went, and shewed him them; he said, they were a pair of his which he had lost; (produced and deposed to by the prosecutor.)

- Peele. I am a cabinet-maker. On Christmas eve I went with the prisoner and Emanuel Field , to the prosecutor's house, opposite St. Clement's church; the prisoner took a parcel of silk stockings out of the shop, and delivered them to me, and I went away with them to a public-house (the Black Raven) we had appointed to meet at, in Chick-lane; we offered them to several people, none would buy them; then a woman said, she would sell them for us, if we would give her any thing; she went out, and sold them for a guinea, and we had 8 s. 8 d. each, and the woman had a shilling; I met him the next Saturday night, and he said they had been at the same shop, and had stole some more; I was taken before Justice Fielding, and he admitted me an evidence.

Prisoner's defence.

The evidence led me into the thing.

Guilty of felony only . T .

114. (M.) Timothy Iredale was indicted, for that he, on the King's highway, on George Augustus Elliot , Esq ; did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person 29 guineas his property, and against his will , Sept. 1 . +

George Augustus Elliot , Esq; On the first of September last, I was returning to my house in the parish of Ealing; my wife, daughter, and her maid were in the coach; we had four horses and two postilions, and a servant behind the coach; just at dusk, about a quarter before eight, turning off from the high road, beyond the six miles stone, a person passed me on horseback, whom I apprehend to be the prisoner, but do not swear it; he was on a very brisk trot, and looked into the coach; the coach was going pretty fast; when we got about 300 yards further, I found my coach stop suddenly; Mrs. Elliot looked out and saw a man present a pistol to the postilion; she fell back, and had not strength to speak; that person came up, and put his pistol across into the coach to me, and said, your money, your money; I said, you shall have mine immediately, don't make a noise; I took my purse out and gave it him; in it was 29 guineas, or 29 guineas and a half; after that, he presented his pistol to the child's maid, who was sitting by her; she gave him some few shillings; he took it, and said, this is not all; you are hiding your money; upon which, he took his pistol out of the coach, and made a great shew of cocking it, and put it close to the maid's breast again. I then told him, you must know women carry very little money in their pockets; he then presented his pistol to the breast of my daughter; I do not know what he said; I said to him, you ought to be ashamed, don't you see that is a child; upon which, he paused a little, and went off. I looked stedfast in his face during the whole time. All the features, that I had in my mind do all resemble and answer the description that I gave the day after to Sir John Fielding ; the horse was either black or brown, with a rattish tail; he sat very well upon his horse, made me take notice of him; the prisoner answers to the description I gave; I chiresly observed he had a largish month, and a snub nose; and the pistol found, upon him answered to the pistol that was put into the coach.

John Turner . I was the wheel-postilion that drove the General; we had just turned out of the high-road; the prisoner rode by us; he looked into the coach; we were then upon a little common; the prisoner rode up into a lane, and then came back to us, and bid us stop; one slap of his hat was down; I did not stop directly; then he pulled a pistol out of his side pocket, and said, he would blow my brains out if I did not stop. I stopped; he rode up to the side of the coach, and said, your money, Sir, your money. The general said he should have it; he gave him his purse; after that, the prisoner asked the housekeeper for her money; she gave him some; I looked at him all the time; his side was towards me; I was on the near side, and he on the off side, so had a full view of him. Last sessions I was in Newgate; there were three or four men brought down with him; I fixed upon him as soon as I saw him; I am certain he is the man.

John Trueman . I was one of the fore-postilions that drove the general on the first of September, when the prisoner rode back; after he had past us, he held his singer up, and bid me stop; when he was about 15 or 20 yards from me, his hat was stapped before, but I could see his face; we did not stop directly; he pulled a pistol out, and said, if I did not stop directly, he would blow my brains out; then he went up to the coach; I saw him put the pistol into the coach.

Q. Did you observe his face?

Trueman. I did, and really believe the prisoner is the man, but do not positively swear to him.

William Milbourn and Thomas Andrews , two of the patrole, deposed they took the prisoner in custody, on suspicion of a highway robbery, with a brace of pistols upon him.

John Williams . I am the constable that had him in charge after the patrole took him, I had also his pistols, but have left them at Highgate.

The prisoner said nothing in his defence.

Guilty . Death .

There were four more indictments against him for highway robberies.

115, 116. (M.) Richard Jones was indicted for stealing two linen cloths, value 5 s. and 60 pounds weight of butter, value 30 s. the property of Francis Nalder ; and Richard Smith , for receiving the same, well knowing them to have been stolen , Dec. 24 . ||

Francis Nalder . I have a shop in Newgate-market . On the 24th of December I came to my shop, expecting to find seven flats of butter out of the Daventry waggon, and there were but five.

William Mecchin . I unloaded these goods out of the waggon, and was at the delivering seven flats of butter at Mr. Nalder's shop; we put them down at his stall on the 24th of December; there was none of his people there, but there was the clerk of the market.

George Aldwin . I had lost a parcel, with some bills of advice; I went to Sir John Fielding for advice; last Wednesday se'nnight I was informed there were two men taken up, which were the prisoners; I was directed to Smith's lodgings, in Blue-anchor alley, Bunhill-row; there I saw the two flats marked A. A. I knew them to be Mr. Adams's, the Daventry Waggoner; and having heard of butter being lost, we took the flats with us; I saw a piece of a direction in one of them; part was rubbed off, but there was Nalder on it; (the flats and cloths produced, the cloths had Adams at length on them.)

John Marston . Richard Jones and I went into Newgate-market about three weeks ago, about six at night; there were six or seven flats of butter standing by the prosecutor's shop; he took one and I another, and carried one to Smith's house, and the other we left in Jones's room; Smith sold them for us; he gave us 10 d. a lump, two pounds in a lump; he had the two flats of butter; I received of him better than six shillings for my part at one time, and I had some more afterwards. Jones lived in Hand-alley, Golden-lane; I am sure that flat or basket is one of them, by a piece of Iron upon it.

John Noaks . I am constable. I went with Mr. Aldwin to search Smith's house; there were the two flats; he said they belonged to Mr. Adams; we took them with us; I saw Mr. Nalder's name upon one of them; there we found the cloths.

Jones's defence.

The evidence had the key of my room three days; he was taken up one night, and those things were laid to me as a confederate.

Smith's defence.

The evidence dined along with me last Sunday; he found fault I had no cloth upon the table; he brought the hamper without a lid, and said I might burn it, and keep the cloth to lay upon my table.

Jones Guilty . T .

Smith Guilty . T. 14 .

117, 118. (M.) Richard Jones was a second time indicted with Edward Strode , together with Francis Parsons , not taken, for stealing a pair of shoes, value 2 s. the property of William Hodskins , and one flag basket, value 2 d. and three hempen cords, value 9 d , the property of William Mingey , Jan. 7 . +

William Hodskins . I live at Bedford. Coming to town with the machine, I put a pair of pumps and a pair of stockings into William Mingey 's box, who was coming with me; this box was stole out of the machine; the pumps I since saw at Sir John Fielding 's; (produced and deposed to.)

John Noaks . I found these pumps upon a shelf in Strode's room, in an alley in Golden-lane; Strode was in the room at the time; Marston was with us; I found these three cords and this flag basket there also; (produced in court.)

William Mingey . I came to town with the machine; these cords and basket are my property; they were in my box which was stole.

William Haliburton . Last Wednesday se'nnight I was sent by Sir John Fielding to watch a post-chaise with a portmanteau tied-behind it, to see if we could detect any of those persons who steal things from behind coaches; there were some of Sir John's people in the chaise; we went a good way up Holbourn; I saw two people which we suspected, in the narrow place before we came to St. Giles's; they were Jones and Marston; I knew Jones before; presently one of the cords that fastened the portmanteau was cut; this was betwixt six and seven at night; they being very near, we took them on suspicion; they told us, Strode was one of their company; I was ordered to go along with Noaks to take Strode; going along, we called at the White Hart, St. John Street, at Mr. Aldwin's, who had lost a box; he went with us; when in Strode's room, he observing the pumps, knowing such were lost, bid us take care of them; we did, and took Strode to New Prison.

John Marston . There were Francis Parsons , Edward Strode , Jones and I in company; one night after dark, not quite three weeks ago, I believe in Lad-lane, at the Swan and two Necks, Parsons got into a machine, and lifted out a white deal square box; I carried it by the horses, and gave it to Jones, who ran away with it; we went to the Halt-moon tavern in Aldersgate-street; it was done round with a strap, and buckled; we opened it; there was a bag full of letters; a pair of silver buckles; Parsons gave us 8 s. for them; we took out a pair of pumps, and this basket and cords, and left them at Strode's house; then we went to the Fountain tavern, by St. Sepulchre's church.

The two waiters whom Marston described were sent for; William Short , waiter at the Fountain tavern, deposed be remembered seeing Jones (who was a Black ) but could not recollect any others. Thomas Jones , waiter at the Half-moon, deposed he remembered some company coming to the room which Marston mentioned, with a box about eight or nine days before, he believed there were three or four of them, but could not recollect any of the prisoners.

Strode's defence.

I knew nothing of this till they came and fetched the things; Marston brought them to my house.

Jones Acquitted .

Strode Guilty . T .

119. (M.) Sarah Fennell , widow , was indicted for stealing eight yards of callimanco, value 10 s. and eight yards of stuff lining , the property of Thomas Leach , Dec. 4 . ||

Thomas Leach . I live in King-street, Seven Dials . On the 1st of last month I employed the prisoner in quilting ; on the 4th the prisoner was quilting a black callimanco petticoat in the shop above; about nine at night the prisoner and petticoat were gone. I found her at her father's in Parker's-lane, and she was put into the round-house; she sent me a letter afterwards, which she owned since she sent me; (it was read) the contents were that the coat was pawned in Clare-street, Clare-market, for 11 s. in the name of Sarah Johnson , and that, she was going to sell herself. I went to the pawnbroker's and found the coat there.

Thomas Nash . I live with Mr. Spires, a pawnbroker in Clare-street; I took in this coat of a woman that came in the name of Johnson; (produced and deposed to.)

Prosecutor. The prisoner owned before Sir John Fielding she pledged the coat to this person; she knew him but he did not know her.

The prisoner said nothing in her defence.

Guilty, 10 d. W .

120. (L.) Joseph Morley was indicted for that he on the 4th of January , about the hour of six in the night, the dwelling-house of Samuel Adgit did break and enter, and stealing a pair of leather breeches, value 3 s. a pair of silk knit breeches, and six pair of cloth breeches, the property of the said Samuel, in his dwelling-house . ++

Samuel Adgit . I live in Field-lane . Last Sunday was se'nnight I went to bed between five and six in the evening and left my wife up; she called me and said she was robbed; I found eight pair of breeches were gone; I looked about but saw nobody; the next day I took the prisoner up at the Black Raven; he owned he was the person that robbed me.

Grace Adgit . I am wife to the prosecutor. Last Sunday was se'nnight, between five and six in the evening, I had been out to get a pirst of beer, and left a candle on the counter, and the top part of the door open, and was sitting by the fire-side, reading in Jeremiah; I saw a man in the shop with a pair of breechee in his hand; he got out at the door, and another man took them; he blew the candle out, and ran towards Holbourn.

Q. Was the lower hatch bolted?

G. Adgit. I think it was.

James Williamson . I am an officer; I was sent for to the Black Raven in Chick-lane; I was charged with a man in a blue coat; he denied being concerned, but said, to clear himself, he knew who did this robbery; he took me to the lodgings of John Seedy in Field-lane; he was just got up; these breeches lay behind his pillow; (produced and deposed to by prosecutor.) We took Seedy to the Black Raven. I asked him if he knew any more of his accomplices; he took me to a house; he went, I thought, into a parlour, but I found he went into an alley, and got off; then I went to the Raven again, and applied to the first man taken up, named Hughes; then he took me to the prisoner's lodgings; he was in bed; we made him get up; I brought him to the Black Raven; I asked Hughes if he knew of any more; then the prisoner told the prosecutor he could help him to the woman that bought the goods of Seedy; he took us to a private house on the back of Saffron-hill; having no warrant we went to Justice Girdler, there Hughes desired the prisoner to clear him, persisting he was innocent; the justice said, he had been before him several times; then the prisoner said, Sir, Hughes is innocent of this, for I am the man that robbed Mr. Adgit of his breeches, and said, he took six more pair; upon that he was committed; when we were at the alehouse; the prisoner owned, he first kicked at the door, and no body came; and that if they had, he should have made some excuse; but as nobody came, he came in and took the breeches.

Prisoner's defence.

The door was upon the jar, and I picked them up upon the steps, and gave them to Jack Seedy .

Guilty of felony only . T .

(L.) 121. Samuel Moses was indicted for stealing a woollen waistcoat, value 12 d. the property of Charles Hammerton ; and a woollen cloth coat , the property of Richard Rawlins , Dec. 19 . ++

Charles Hammerton . I am a paviour employed by the commissioners. On the 19th of December, in the evening, I was looking over my men in Newgate-street ; I observed the prisoner and another man loitering about; my people said they had observed them some time; in a few minutes I heard the cry stop thief; my men pursued, and took the prisoner: the other witness will give a farther account.

William Fullham. I was at work; the clothes were laid upon a post: I saw the prisoner take the coat and waistcoat, and run away; I pursued, calling stop thief; he dropped the clothes in Newgate-street; and he was stopped in Newgate-market by the butchers; (the clothes produced in court)

Richard Rawlins . This coat is my property; I had left it upon a post, from whence the prisoner took it; the waistcoat is the property of the apprentice.

Prisoner's defence.

I heard them call stop, thief, and a butcher stopped me; I know nothing about the things.

Guilty . T .

122. (L.) Abraham Cowen was indicted for making an assault on Mary Liscome , widow , on the King's highway, putting her in corporal fear and danger of her life, and violently taking from her person a chip hat, covered with satten, value 2 s. and a linen cap, the property of the said Mary , Jan. 1 . ++

Mary Liscome . I live on the other side Moorfields; on New Year's day, between one and two in the morning, I was in search of a woman that had robbed me; my sister was with me; I was near the Royal Exchange , being told I should find her there, she being a woman of the town: there was the prisoner, and two or three more with him; he came and said nothing to me, but snatched my hat and cap; it was a chip hat, covered with satten, and ran away with them; I called out, he turned again, and gave me several blows; none of the other people offered to meddle with me; I saw him again before my Lord Mayor the next day; I don't know how he was taken.

John Ross . Between five and six in the morning of the 1st of this month, the prisoner was brought to the Poultry Compter; two watchmen with him, told me had picked a young man's pocket of a watch, in Aldgate watch-house; the prisoner owned he had, and swore he would keep it; he was searched, and under his coat, on his left side, was found this hat; (produced in court.)

Prosecutrix. This is my hat, which the prisoner took from me.

Ross. The prisoner appeared to be drunk; I asked him how he came by that hat; he answered with a d - n, he had knocked a woman down in Cornhill, and taken her hat.

The prisoner, in his defence said, he sold goods about, muslin and plate, and paid 14 l. a year for a licence.

He called Mary Dulwich , who had known him 12 years, and Mary Onion two, who said he was a very honest man.

Guilty of stealing the hat . T .

There was another indictment against him for stealing the watch.

123, 124. (M.) Miles Barne , and Anne his wife , otherwise Anne Warren , were indicted for stealing six china tea-cups, six china saucers, a silk bonnet, seven silver tea-spoons, a pair of silver tea-tongs, a silver ladle, a silver punch-strainer, 14 china plates, a china punch-bowl, and a clock in a mahogany case , the property of William Payne , November 30 . ||

William Payne . I live at Mile end , I am master of a ship ; on the 30th of November, I was just come from Jamaica; coming home, at 11 o'clock at night, I saw my house on fire; I was informed it began about half an hour after 9; I was like a distracted man; I found my wife and two children at a neighbour's house, the other two children were burnt in the flames; my wife had nothing but her shift and night-cap on; she got the two children out of a two-pair of stairs window; the other witnesses can give a farther account.

Robert Stone . I being a carpenter and joiner, and had put the fixtures up, went in to take them down at the time of the fire; I looked round to see who I knew; I saw Mrs. Barne, and a great number of people below; the upper part of the house was then on fire; (the prisoner keeps a public-house, the Blue Anchor at Mile-end;) I said to her, Pray give a look out that no body takes down the furniture, to tear things down; as I was taking the chimney glass down, she was at the cupboard, taking the china and things out into her apron; after that, the things were handed out by one and another, the next day I let the Captain know Mrs. Barne took the things out of the cupboard and beauset; he sent me to her, to know what she had taken out; I went into her tap-room; I told her the Captain desired to know what goods she had taken to her house; she said she had nothing of plate but a milk-pot, and some china, and a large bowl, which she broke; I think she mentioned a tea-board and bonnet, and she would deliver them as soon as they were sent for, and wished there was ten times as much; I returned, and told the Captain what she said; I don't remember that I saw Miles Barne at the fire.

Elizabeth Castle . I lived servant with Captain Payne at the time of the fire; I heard, four days after the fire, that Mrs. Barne had some of the china and tea-spoons, a punch-strainer, and a pair of silver tea-tongs, that I put into a jug in the beauset, before I went to bed that night; my mistress and I went to bed just at 9 o'clock; I went and asked Mrs. Barne after them; she told me she had some of the china, a tea-board and a silver milk-pot; I said I would tak e my oath I put the spoons, strainer, and tongs into it, I call it a jug; she gave me some china, and the tea-board and milk-pot, and said they were all she had ofMr. Payne's things; I repeated two or three times, I could take an oath I put them in together before I went to bed; she two or three times over said, Young woman, these are all I had ofMr. Payne's things; I was taken out at a two pair of stairs window.

Joseph Goostre . I am an officer in the hamlet of Mile-end; Mr. Payne brought me a search warrant; I went with him to search Mr. Barne's house; neither he nor his wife were at home; this was about a month or five weeks after the fire; in a corner-cupboard in their bed-room, we found some china, which Mr. Payne owned, half a dozen cups and saucers, a tea-pot, some silver tea-spoons and a silk bonnet.

Capt. Payne. I know the china and spoons to be my property. I had them before the last voyage; here is a small tea-spoon, marked O.P. I have had some time; when we took the woman at the bar before the Justice, she owned she took them from my house; she likewise owned she took my eight-day clock which was found; she said, she was led into the scrape by another woman.

Mary Anderson . I had lodged in the prisoner's house about four months before the fire happened; that night my husband and I went to bed about seven, the fire broke out between nine and ten. Mrs. Barne had been at the fire, and came home and called me up; I went there, but she was gone again before me; she was coming with things in her lap, down the captain's steps of his house; some man gave me a large tea-board and bonnet; I brought them home, and put them into my landlady's care; I saw the clock standing in her bedroom; the next morning they were all in the club-room on a table; there was a great deal of china, a punch-strainer, a milk-pot, and some teaspoons; I saw them there a day or two before Christmas-day; I said to her, I thought you had said you had sent the captain's things all home; she said, for God's sake do not make a noise, I will send them home by somebody; on the Friday after Christmas I was making my bed, she brought half a dozen cups and saucers, and said, as my husband was out of work, I might make some money of them; I would not take them, but advised her to carry them to the captain, or I would tell the captain of them; when I came down, she said to me, she was ashamed to carry them home then; I said, hire somebody, I dare say the captain will be glad to have them again; then she desired me to take them, and she would give me some money, and forgive me a debt which we owed her; I said, I would tell the captain of them, and went over the way; she followed me, and begged I would not; I did not then, but I did tell him yesterday fortnight.

Catharine Lawrence . This day fortnight, about half an hour after seven in the morning, the woman at the bar came to my mistress's, Mrs. Cornish's, opposite the new infirmary; my master is in the Marshalsea prison, in the Borough; she desired me to go and tell her sister to come to her directly, but not to say where she was; I brought her; after that she and I went in a coach, to her friend in Fishmongers-alley, in the Borough; I took care of two bundles of things, the winder of the clock was in one, and I heard the clock strike in the coach; I delivered the bundle to the publican, at the Mermaid, facing the Marshalsea.

Samuel Davis . On Sunday was sen'night, the captain had taken the two prisoners; he sent for me; I took them to the watch house; I staid with them at the public-house all night, at the sign of the Hayfield; the captain came the next morning; then Mrs. Barne took six silver tea-spoons, a strainer, and a pair of tongs, out of her pocket, and delivered them, on the road, going along, she told me she had left the punch strainer at a house; we went, and it was delivered to us; (produced in court, and deposed to;) she gave the captain directions where to find more, which were the eight-day tableclock, and china.

Prosecutor. I wrote an order, and Francis Galloway fetched them from the Bull-head in Kent-street; (produced and deposed to.)

Francis Galloway , a watchman, deposed he went by the captain's order, and had the clock and things delivered to him at the Bull's-head, Kent-street, by one Conner.

Anne Barne 's defence.

The things that I took out of the captain's house, I delivered again; I know nothing of those things; Anderson knew I had the things in my house; she wanted me to give her seven guineas to conceal them, and I would not; she brought in many things, and said she would have them herself; my husband made me bring them down, and deliver them to the captain's maid.

She called John Cole , Henry Broughton , William How , Thomas Wright , Joseph Brian , and John Conner , who gave her a good character.

Miles Barne , Acquitted .

Anne Barne , otherwise Warren, Guilty . T .

125, 126 (M.) James Stewart and John Harris were indicted, for that they, together with John Fisher not taken, on the 21st of December , in the night-time, the dwelling-house of Deedery Hoffe did break and enter, and stealing one duffel great coat, two cloth coats, and two ticking frocks, the property of the said Deedery, in his dwelling-house . +

Deedery Hoffe. I keep a sale shop in Chick-lane ; I secured my house, and was at Mr. Fennel's, a public-house next door; about ten at night on the 21st of December, there was an alarm my house was broke; I went, and found my window-shutter was broke and my door open; I found afterwards I had lost about 20 s. worth of things.

William Fennel . Between ten and eleven that night, I seeing the prosecutor's door open, and knowing he had no family, as I went towards it two boys rushed out; I seized the door and pulled it too; I found something pull against me within; I called some of my people to bring a light; they and the prosecutor came, and when I had a light the shelves were quite stripped, and there were clothes heaped up as high as my knees by the side of the door; I found Stewart on his face behind the counter; I took him in custody; I asked him who was with him; he said nobody; after I brought him to my house, I went out to take observation; I saw a boy looking into my passage; he seeing me, ran away; in about half an hour after this, I went out and saw the prisoner Harris looking in at my parlour window where Stewart was, upon which I seized him, and carried him to Stewart, and asked him if he knew him; he cried, and said he did not; then I took Harris into a separate room; then he owned Stewart and he were together; then I went to Stewart, he owned Harris was with him, and Fisher was another; he said they had carried some of the clothes, and hid them under a bench at the Ram-inn in Smithfield; Harris said nothing to that. I and two or three more went there, but found nothing. The next day we took the prisoners before Justice Girdler; there they both told us how they got in; they were very free to tell all we asked about.

Richard Bennel , who was in the public-house at the time the last witness mentioned, confirmed the account he gave.

Stewart's defence.

I seeing the door open, I had money in my pocket, went in to buy a pair of breeches; there was no light; just as I got in, Mr. Fennel came; one said he had a knife, another a poker, the other a great stick; I was affrighted, and went behind the counter.

Harris's defence.

I know nothing at all about it.

William Burroughs and Richard Scaltop gave Harris the character of an industrious working boy.

Stewart guilty of stealing the goods . T .

Harris acquitted .

127. (M.) Andrew Martin was indicted for stealing a pair of silk stockings, value 10 s. the property of Richard March , Dec. 24 . +

Richard March . I am a hosier , and live on the outside of Temple bar . On the 24th of December, between five and six in the evening, the prisoner came into my shop to buy a pair of silk stockings; he first wanted to see coloured ones, then some white ones, then the coloured ones again; he bought a pair at 14 s. he gave me a guinea to charge; while he was looking out the guinea, I folded up the pair he bought in a bit of paper, and laid them on the counter; while I was feeling in my pocket for the change, he went to the place where I laid the coloured ones; he turned his backside to the edge of the counter, and put his hand behind him, and took a pair of stockings from the counter; I saw his hand, and saw the stockings move; I was so fluttered, I had not power to count the change at first; he approached two or three steps forward to take the change; I gave it him; he counted it, and said it was right; I took the stockings that he had purchased, and jumped over the counter, and said, Sir, I'll see what you have about you of my property, you have robbed me; she said I might search him, if I found any thing I was welcome to take it; he unbuttoned his great coat, and down sell the stockings; I took them up, and sent my apprentice for a constable, and took him before Justice Fielding; (the stockings produced and deposed to.) I delivered his stockings to him before Sir John Fielding .

Grace Chapel , his servant-maid, deposed to seeing the stockings drop from the prisoner's clothes.

Prisoner's defence.

I went in to look at a pair of stockings; he took three or four pair, and laid them on the counter; I said I did not like them; he fetched some other; I pitched upon a pair, and agreed for them; I took a guinea out, and took the stockings in my hand; he said, you shall not go out of my shop, you have robbed me; I looked, there lay a pair of stockings on the ground by the counter; they might drop from the counter; I am a Swede .

Prosecutor. He was standing in the middle of the shop when the stockings sell from him.

He called John Edwards , Mr. Humphreys, Mr. Pike, Mr. Man, Mr. Conner, William Wilson , John Davis , James Letall , Stephen Tooley , John Briler , and John Edington , who gave him a good character.

Guilty . T .

128. (L.) Joseph Alexander was indicted for wilful and corrupt perjury, in order to get a licence to solemnize a marriage between himself and Charlotte Nesbit , spinster , under the age of twenty-one years, without the consent or knowledge of her friends , November 3, 1766 . ++

Philip More . I am a clerk at the vicar-general's office; I have here the original affidavit, sworn before Dr. Harris; that is one of the offices to which parties apply for licences of marriage; mine is to the province of Canterbury; (the affidavit produced in court;) the proctor that passes the licence fills it up, and that is the warrant, upon which the licence issues; this is the case in the office of all parties, where they are supposed to be at age; the penalty is 200 l. if the facts set forth are not true.

David Sidal . I am clerk to Mr. Toliadoe, a proctor; I filled up this affidavit, and saw it sworn by Joseph Alexander , the prisoner, I believe, before Dr. Harris, a surrogate; upon this there was a licence granted.

Mr. More. Dr. Harris is surrogate to Dr. Calvert, vicar-general to the archbishop of Canterbury.

Cross examination.

Q. Why do you believe the prisoner to be the man who swore to the affidavit?

Sidal. It was a black that swore it, and I saw the prisoner twice before; (note, the prisoner was a black)

Robert Nesbit . The prisoner at the bar married my daughter; I have seen him write several times, I know this his name on the affidavit, to be his hand writing, and this name, Charlotte Nesbit , is my daughter's hand-writing; they were married, I think, on the 27th of November last, after which he took her away in a coach; I never saw her till three weeks after; the date of the affidavit is the 3d of November, 1766; then she was sixteen years, ten months, and some odd days, of age; she had been at a French school, and the prisoner used to come once a night, to give her a lesson, to compleat her; this marriage was entirely without my knowledge or consent.

Cross examination.

Q. What are you?

Nesbit. I am a stone-mason.

Q. How long has the prisoner been acquainted in your family?

Nesbit. I think about two years and six months.

The Rev. Mr. Skinner. I married Joseph Alexander and Charlotte Nesbit , by licence, at St. James's church, Westminster.

Q. Was that Alexander a black, or a white man?

Mr. Skinner. That I do not know; there are so many couples married, I cannot recollect that.

Sarah Nesbit. Charlotte Nesbit is my daughter; she was born the 5th of January, 1749, O. S.

The affidavit read in court, dated November 3, 1766, signed Joseph Alexander . Sworn before me, George Harris , surrogate.

The prisoner said nothing in his defence.

To his character.

William Riley . I lived servant with the Venetian ambassador, when the prisoner quitted his place there; I was acquainted with him about half a year before he came into the service, he always behaved very well, a very sober man, for any thing I ever saw; he was esteemed very much among his fellow-servants.

Mrs. Minioe. I have known him over since he came over from France with the duke de Nivernois; he lived with the Venetian ambassador, and behaved always very well.

Bonaventie Minioe, a black. I am husband to the last witness; I have known him ever since he came from France; he lived with the Venetian ambassador, and behaved well.

Mrs Davis. I have known him four years; he is a very honest just man; my husband and he lived servants together at the ambassador's some years; I never heard any ill of him.

Barnaby Farrey , a black. I have known him ever since he came with duke de Nivernois; he always bore an extreme good character by every body that knew him.

Guilty . Sentence respited till next sessions .

Samuel Orton , William Thornhill , William Walker , and William Johnson , capitally convicted in December Sessions, were executed on Wednesday the 14th of January.

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

Received sentence of Death, 3.

Timothy Iredale , William Collinson , and John Williamson .

Williamson was executed on Monday the 19th of January, in Moorfields .

Transportation for 14 years, 1.

Richard Smith .

Transportation for 7 years, 19.

Margaret Walton , Peter Molney , Joseph Morley , Samuel Moses , Abraham Cowen , Thomas Bourke , Elizabeth Merchant , Anne White , Catherine Davis , William Taylor, James Johnson , William Eagan, Anne Barne, Thomas Rutter , Richard Jones, James Stewart , Edward Strode , Andrew Martin , and Anne Neptune .

Joseph Alexander , sentence respited.

Branded, 4.

Thomas Cook , John William Lewis , William Kingsland , and John Freeman .

Whipped, 2.

Sarah Fennel and Arthur Roan .

Samuel Orton , William Thornhill , William Walker , and William Johnson , capitally convicted in December Sessions, were executed on Wednesday the 14th of January.

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