Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 November 2014), October 1768 (17681019).

Old Bailey Proceedings, 19th October 1768.

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 Wednesday the 19th, Thursday the 20th, Friday the 21st, and Saturday the 22d of OCTOBER, 1768,

In the Eighth Year of His MAJESTY's Reign. Being the Eighth SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE THOMAS HARLEY , LORD MAYOR of the CITY of LONDON.

NUMBER VIII. 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. THOMAS HARLEY , Lord Mayor of the City of London, the Right Hon. WILLIAM Lord MANSFIELD , Lord Chief Justice of his Majesty's Court of King's Bench *; the Hon. Sir SYDNEY STAFFORD SMYTHE, Knt. one of the Barons of his Majesty's Court of Exchequer +; the Hon. HENRY BATHURST , one of his Majesty's Justices of the Court of Common Pleas ||; 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; (L.) (M.) by what jury.

LONDON JURY.

Christop Stedman ,

Will Galbreath ,

George Downing ,

John Harbridge ,

William Cafe ,

Robert Cope ,

John Smith ,

Philip Taylor ,

Hugh Innes ,

John Pond ,

William Stock ,

Henry Sturdy .

MIDDLESEX JURY.

Joseph Walker ,

John Bartholomew ,

Edmund Goodman ,

Will Fillingham ,

Daniel Wells ,

John Payne ,

Tho Bradshaw ,

Luke Alder ,

Robert Garey ,

John Glover ,

Joseph Langfer ,

Edward Cale .

591. (M.) John Davis was indicted for breaking and entering the dwelling-house of John Davenport , on the 10th of October , about the hour of twelve in the night, with intent the goods of the said John to steal . ++

John Davenport . I am a poulterer , I live in Tyler's-court, Carnaby-market ; I went to bed on Old Michaelmas day at night, my wife came to bed about half an hour after; the watchman alarmed the house about twelve, and said the house was broke open; I got up, the prisoner was secured, and my shop was shut up again before I came down.

John Curtis . I am a watchman; when I went my rounds about ten that night, I tried the pin of the window, as is my constant method, I found it fast; I tried it again also at eleven, and found it the same; when I came by again about twelve, I found the window-shutter was drawn three parts open, as far as it could hang without falling down; I looked in, and saw the prisoner standing upright in the shop; I asked him what business he had there; he said, d - n you, what is that to you; I said, you have no business there; he said, I am waiting for my master, he is at the masquerade, and will be here in a minute or two; I said, the masquerade is not kept here; I alarmed the people, he rolled himself down on the board, and lay as if he was asleep; the prosecutor's servant came down, and gave me charge of him.

Thomas Pratt . I am servant to Mr. Davenport, I lie in the house, I was alarmed by the watchman; I came down, and found the prisoner in the shop, he was lying on the board as if asleep; I said, halloo, what business have you here; he said, what is that to you; I opened the door, and gave the watchman and another man charge of him; I took up the bar of the window and the pin in the court, and put up the shutter, and fastened it, and then went up and told my master; then we took the prisoner away.

Q. How do you think the prisoner got in?

Pratt. The pin of the window is a square pin, it could not be turned round; there are a couple of iron bars above to let in air; we found by my master's trying a man might put in his hand there, and reach down and unkey the bar of the window; we did not think it could have been done till my master tried.

John Crowther . I am servant to Mr. Davenport, I shut up the shop over night, about half an hour after nine, I put the bars up, and keyed the windows both.

Prisoner's defence.

That night the masquerade was I was drinking with an acquaintance; I lodge in Gray's-inn-lane; I was coming by, I have a sister lives in Carnaby-market, I could not get in; I saw this shop-window open, and a light in it; I got in, and lay down to sleep, I did not know whether it was a fishmonger's shop or what; I am not certain what I said to the watchman; I did live with Mr. Howard at Richmond, but have been out of place two months.

Q. to Curtis. Was the prisoner drunk or sober?

Curtis. He was quite sober, neither did he then pretend to be drunk.

Q. Was there a light in the shop?

Curtis. There was a lamp burning in the shop, which they left burning, and it had not gone out.

Guilty. Death . Recommended .

592. (L.) George Duvall was indicted for stealing a linen handkerchief, value 10 d. the property of William Herbert , October 1 . ++

William Herbert . On Saturday night, between nine and ten o'clock, the 1 st of October, going along the Poultry towards Aldgate. I felt something at my pocket; I put my hand down, and missed my handkerchief; the prisoner was on that side; I turned and saw him drop it, there was no body near me but him; I seized him, and took it up.

The prisoner said nothing in his defence.

Guilty . W .

593. (M.) Elizabeth Bowman , spinster , was indicted for stealing a silk gown, value 20 s. a linen cap and hood, value 2 s. a linen handkerchief laced with thread-lace, value 1 s. a pair of silk glove knots, value 1 s. and a silk handkerchief, value 2 s. the property of Edward Bowman , Aug. 16 . ++

Edward Bowman . I live at Waldon .

Q. Is the prisoner related to you?

Bowman. Not as I know of; she was my servant , I discharged her for leaving my house door open on the 12th of August, when she was left in care of the house; after she was gone I had reason to suspect she had robbed me; she called upon me the Monday following for her wages; I told her the things should be looked over, to see all was right, and she might come the latter end of the week; on the Tuesday the things (mentioning them by name) laid in the indictment, were brought home; then there were them, and several other things missing; she came again about three weeks after, and I took her up.

Elizabeth Purlin . The prisoner came to me between nine and ten at night on the Monday night, and left this bundle (producing the things mentioned) and said she had taken them away by mistake, and desired I would carry them to the prosecutor, which I did the next morning; I wash for the prosecutor.

Acquitted .

594. (M.) Elizabeth Crees , otherwise Creese , spinster , was indicted for stealing a silver watch, value 3 l. the property of William Davis , September 5 . +

William Davis . I was a little in liquor, and was in a place called the Almonry ; there were two or three women came about me, and asked me to give them some beer; I called for some, I was sitting at a door; when I went to go away I missed my watch; the next morning I was told the prisoner was offering a watch to sell, of the name and number of mine.

Q. Did you see the prisoner over night?

Davis. I do not remember I did, I saw her before the Justice; there she said, if she had leave she would go and shew me where it was pawned; she did, it was at Mr. James's, a pawnbroker in Glass-house-street.

William James . The prisoner pledged this watch (produced and deposed to by prosecutor) with me, on the 5th of September, in the name of William Rice ; she said it belonged to one of that name that she was nursing, and that he lived in Swallow-street.

Prisoner's defence.

I lived two or three years at Robert Scot 's at Westminster; a girl that works plain-work for one of my masters, came and desired I would go and pledge this watch, which I did, and delivered the money to her; the man has taken no pains to take her, her name is Nanny, I do not know her other name; she bid me put it in the name of William Rice .

Acquitted .

595. (M.) John Urquhart , otherwise Richards , was indicted for that he, on the King's highway, on Francis Piggott did make an assault, putting him in corporal fear and danger of his life, and taking from his person a green silk purse, value 3 d. two half guineas, one shilling in silver, a gold watch, value 8 l. and two cornelian seals set in gold, value 20 s. his property, and against his will , Sept. 15 . +

Francis Piggott . I am a physician , and live at Colchester; I was returning from Winchester in a post chaise on the 15th of September, having been at Reading to fetch a daughter; I was stopped by two men on horseback, a little on this side of Cranford-bridge , about a quarter past six in the evening, as near as I can recollect; I am very sure the prisoner was one of the two men; he asked for my watch; I said, I had none; he said, in a very tender manner, I believe you have a watch; then he hesitated a little, and said, you, have a watch; I had taken it out of my pocket just before; he said, give it me quick, quick, looking me in the face, and I looked in his; I delivered it to him; he took also from me two half guineas, and a King Edward the VIth's shilling; then they went off seemingly towards Maidenhead; I spoke to the driver to go on quick, the driver said he could not, his horses were tired; then I thought it not expedient to go for London that night, I having a brother at Richmond I went to advise with him; the next morning, being Friday, I came to Sir John Fielding , and told him of the robbery; I came up to Sir John, he told me a man had been with a watch case to Mr. Stevenson, but Mr. Stevenson had been negligent, and let him go; I think the prisoner was taken the Monday following; I went home, and then had word the man was taken; I came up, and as soon as I saw him at Sir John Fielding 's I knew him.

Benjamin Stevenson . On the 19th of September the prisoner brought me a watch-case, to ask the value of it; I stopped it, we having received a warning bill from Sir John Fielding of a gold watch being lost; this only being the case, I was fearful whether I could be justified in stopping the man, not knowing it the same as described, for want of the name and number of the watch (the case produced and deposed to by the prosecutor.)

Frank Rochford . On the 17th of September I took in a gold seal of a man that went by the name of James Richards , I cannot say this is the man.

Piggott. That evidence said before the magistrate, the prisoner has been backwards and forwards with him often, and now he says he does not know him.

Q. to Rochford. Did you ever see the man that brought the gold seal to you before that time?

Rochford. I cannot take upon me to say this is the man, there was a man that had pawned things in that name several times before, but I cannot say this is the man (the seal produced and deposed to by prosecutor.)

Christopher Curle . The prisoner pledged a gold seal with me on the 17th of September, I knew him some time before (produced and deposed to by prosecutor.)

Prisoner's defence.

What can I say, when you do not give me time for my evidence to come here.

The prisoner, in order to put his trial off, made affidavit that a woman, a material witness, was gone out of the way; but it was made to appear to the court that woman passed for his wife, and if gone out of the way it was by his order.

Guilty . Death .

There was another indictment against him for a highway robbery.

596. (M.) Margaret Segware , otherwise Fowler , widow , was indicted for stealing a coloured linen gown, value 5 s. a silk and stuff gown, value 5 s. a blue silk gown, value 5 s. a yellow silk gown, value 5 s. a silk petticoat, value 8 s. two white petticoats, value 5 s. two black silk cloaks, value 10 s. a cardinal, value 5 s. a linen bed-gown, value 2 s. a pink and black stuff gown, value 2 s. 6 d. a pair of linen sheets, value 5 s. two linen tablecloths, value 5 s. five white aprons, value 5 s. a striped muslin apron, value 5 s. a coloured silk handkerchief, value 1 s. a muslin handkerchief, value 2 s. a crape gown, value 2 s. a coloured cotton handkerchief, value 1 s. two yards and a half of purple and white linen, value 2 s. a pair of women's black leather shoes, a pair of women's purple and white shoes, three pair of stockings, a silver tea-spoon, seven linen shifts, two damask napkins, and one flat iron , the property of Catherine Jarvis , spinster , Sept. 17 . +

Catherine Jarvis . I live by the Rolls in Chancery-lane ; I was lame of the palsy, and could not get into the room where these things were; the prisoner was my nurse , she went from me on Saturday last; and left that door locked; I was forced to get a smith to open the door; then the things laid in the indictment were missing ( mentioning them by name;) I had her taken up, and upon being charged, she owned she had taken and pawned them; they were found again, all but one sheet and some odd things, at a pawnbroker's, by her direction.

Paul Holloway . I am a pawnbroker, I live in West Harding-street, Fetter-lane; the prisoner brought these things, and pledged them with me at above twenty different times (the things produced in court, and deposed to by prosecutrix.)

Mr. Wassells, who was at the taking the prisoner, deposed to her confession, and finding the things at the pawnbroker's.

The prisoner said nothing in her defence.

Guilty . T .

597. (M.) William Pain was indicted for putting Thomas Hay in corporal fear and danger of his life on the King's highway, and taking from his person 11 s. in money numbered, and a pair of silver shoe-buckles, his property , Aug. 26 . +

Thomas Hay . I am a baker , and live at Islington; on the 26th of August, about a quarter of an hour after nine at night, I was stopped by the prisoner and another man, between the Hole-in-the-wall and Cannonbury-house ; they demanded my money, and swore they would blow my brains out if I made any resistance; while the prisoner was rifling my pockets, the other took my silver buckles out of my shoes; I lost 11 s. and a few halfpence.

Q. Had they any arms?

Hay. They had each a bludgeon; I took the prisoner about ten days after in Whitecross-street.

Q. Was it light or dark when you was robbed?

Hay. It was quite moon-light, I saw them before they came to me.

Cross examination.

Q. Have you always said this was one of the men?

Hay. Yes, I have, and I swore to him before the Justice.

Edmund Southgate . I saw the prisoner a little after eight at night, on the 26th of August, near the Hole-in-the-wall by Islington church; I was within twenty rods of them when they robbed the prosecutor, and heard them do it.

Q. Did you know the prisoner before?

Southgate. I never saw him before that time.

Q. How far is the Hole-in-the-wall from Cannonbury-house?

Southgate. It is about a quarter of a mile, the prisoner was in the field, walking with a bludgeon under his arm, and another man with him, going towards Canonbury-house.

Q. What are you?

Southgate. I am a journeyman carpenter, and work at Newington; I saw them the length of this court before I came to them, and took particular notice of the prisoner.

Francis Dorril . The prosecutor sent for me, I being an officer, to take charge of the prisoner, about nine or ten in the morning, the 14th of this instant, for robbing him of 11 s. and he said another with him took his buckles.

Q. Did you know the prisoner before?

Dorril. I believe he lives about Whitecross-street, I do not know what he does for a living; he is a sort of a fighting man, one of the boxers; I found there was to have been a battle that morning, and he was to have been a second to one of them: he desired me to wait till he sent for one of his friends; I did wait six hours, but none came.

Prisoner's defence.

I never saw the prosecutor in my life, till he came and took me up; I am a house-joiner, and worked for Mr. Smith at the time.

For the prisoner.

Samuel Spragg . I live at Edmonton, the prisoner was at work for me on Friday the 26th of August, under Mr. Smith, a master carpenter; he was at my house a few minutes after six that evening, he behaved very well; my place was much laid open, I have enquired and missed nothing; they might have taken many things, the master bricklayer and plaisterer went away with him.

Thomas Smith . I am a master carpenter, the prisoner worked with me for Mr. Spragg on the 26th of August all that day; I saw him at a quarter after six, it may be half an hour after, that evening there, I do not know what became of him after that; the next morning I saw him at his work there as usual; I knew him when he was an apprentice at Waltham-abbey, I know nothing ill of him, he behaved well when at work with me.

Isaac English . I am a master bricklayer; on Friday the 26th of August I saw him near seven o'clock in the evening, after he left work at Mrs. Clarke's house; I parted with him about seven at her gate, he went in order to go home, where he lodged at the Duke's Head at Edmonton, that is about three quarters of a mile from Mr. Spragg's house; there was one Lamb that works with me was with him.

Q. How far is that place you parted with them from Islington?

English. As high as I can guess it is between seven and eight miles, that place is very near the eight mile stone from Shoreditch church.

John Lamb . I am a plaisterer, I was at work at Mr. Spragg's house; when we had done work the prisoner and I went to the Duke's Head at Edmonton in order for supper, it was not ready, we got there about a quarter after seven; we waited there about an hour and a half, we had bacon and potatoes for supper; I staid there with him till about half an hour after nine, or near ten; he lodged there, my labourer was with us there, but he is since gone into Lancashire; I am sure the prisoner was not out of my company in that time; I lodge at the Rose and Crown, about 200 yards from the Duke's Head; I left him at the Duke's Head when I went away.

Sarah Spencer . I keep the Duke's Head, a public-house at Edmonton; the prisoner came to lodge at my house on the 21st of August; Lamb and he supped at my house together on the 26th, they came in about half an hour after seven at night; Lamb staid till about ten, Pain was never out of my house all that time, but went to bed, and got up the next morning, and went to work.

Acquitted .

598. (M.) Brittain Robinson was indicted for stealing two coach-hammer cloths, value 5 s. the property of William Steel , Aug. 11 . ||

William Steel . I live at the French Horn, Holbourn , I keep a stable-yard , I lost a couple of hammer-cloths on the 11th of August in the night from the carriages; my ostler found them upon two Jews the next day; we took the two Jews before Sir John Fielding , they were committed to Bridewell, they were there from the Thursday till the Monday; then they were let out upon bail to find the prisoner out; the prisoner was taken about a fortnight after for another offence, I heard him own the cloths were my property.

William Griffith . I know Mr. Steel lost the two cloths from off his carriages; I went to see the prisoner when in prison, there I heard him confess he stole the two hammer-cloths from off Mr. Steel's carriages; he said he should not be tried for them, because he knew he should be transported for another offence, so he very readily confessed it.

Prisoner's defence.

Mr. Steel gave me half a crown, and said he would not hurt me.

Steel. I desired he would let me know if he took them, because I would not blame an innocent man; he said he knew he should be transported for what he was put in for, he said he did take them; then I gave him half a crown.

Prisoner. I was out of work, and it was for want that I did it.

Guilty . T .

See him tried before, No 28, in this Mayoralty.

599. (M.) Mary Williamson , spinster , was indicted for stealing a silver pepper-box, value 12 s. and two silver table-spoons, value 16 s. the property of the Right Hon. Lady Anne Hamilton , widow , Aug. 31 . ||

Thomas Cowdell . I am butler to Lady Anne Hamilton ; on the 31st of August the prisoner came and knocked at the door with a letter directed to my Lady, and said she must wait for an answer; I left her in the passage while I went up to my Lady with the letter; my Lady said it was a begging letter, she said she knew nothing of the person, and would have nothing to say to her; I returned, and gave the prisoner the letter; she took it, and went out; when I came to wait at dinner, about half an hour after, I found the silver pepper-castor was missing from off the side-board in the parlour; I had put it there about half an hour before, I knew no-body had been there besides this woman; after this I missed two silver table-spoons; the day after I went to Sir John Fielding and described the arms on the things, and two days after they were advertised; Sir John sent for me, there I found the pepper-castor and one spoon.

Aaron Morris . I am a pawnbroker, the prisoner brought this spoon to me to pawn on Aug. the 31st, I never saw her before, I lent her seven shillings upon it; she came again with the pepper-castor; I seeing the arms on it, asked her if it was her own; she said she brought it from Mr. Phipps, she said she would go and fetch the person; she went, but did not return; I had stopped it, and at night we saw the advertisement; then I went to Sir John Fielding with the things (produced in court, deposed to as Lady Hamilton's property, her arms being on the caster, and crest on the spoon.)

Prisoner's defence.

I am innocent of it.

Guilty . T .

There were two other indictments against her for crimes of the same nature.

600. (M.) James Curtis was indicted for stealing a wooden box, value 12 d. one 18 s. piece, forty-two guineas, twelve half guineas, nine quarter guineas, and 3 l. 16 s. 1 d. in money numbered, the property of William Jackson , in the dwelling-house of the said William , Feb. 22 . ||

William Jackson . I did keep the Two Brewers, a public house in Long ditch, Westminster , at the time this money was lost; on February 22, about 11 o'clock, I sent my maid up to make the bed; she came down stairs, and said the door was broke open; I and some others that were in my house wentup and found the lock of the door lying on the floor, and a chissel by it, a trunk of mine in the middle of the room turned upside down; then I went into the closet, and missed the club-box, which was always kept with the greatest safety, in which was money, a witness here will inform the court what money; I had one key to it, and each of the stewards another: I could not tell who it could be, if not one of my servants that had lived with me; we went to a house where was a maid that had lived with me about three weeks before, we found some odd things of mine; I took her up, and a man that went for her husband, named Collins; Sir John Fielding committed him to the Gatehouse, and her to Tothill-fields Bridewell; after they had been there four days, he sent word to her to desire she would confess, if she knew any thing of it; upon that she sent me word to come to her, and take her to Sir John's, she would tell the truth; there she said the prisoner stole the money, and she received part of the money, and that he belonged to the guards; the next morning, when the company was upon duty, the serjeant told us Curtis had heard we were after him, and he was gone off; the Colonel did not advertise him as a deserter; then I tried the woman here, it appearing she did not steal the box and money, she was acquitted (See No 286 it this Mayoralty;) the prisoner was taken up at Uxbridge for another robbery, and brought before Sir John Fielding ; Sir John said, you are the Curtis the soldier that robbed the man at the Two Brewers; I went and took Collins there, and she gave information of the fact; when Sir John asked her how much she had of the money, the prisoner answered she had ten guineas of it, and that it was along of her that he committed the robbery; the club-box was found in the Thames by a waterman, and brought home to me with a bond, and some papers belonging to the club in it.

Q. Did the prisoner belong to the club?

Jackson. No, he did not.

Richard Beckford . I am clerk to the club, I kept an account of the box, there was in it 55 l. and upwards, in gold, silver, and copper; I know there were forty guineas, and one 18 s. piece, I cannot particularly speak to the number of small pieces; I heard the prisoner say at Sir John Fielding 's, he had given Collins the evidence here ten guineas and a half of the money; he laid it all to her, as being the cause of his doing it.

Q. What were his words?

Beckford. He said to her, you deserve my fate, you are more accessary in the robbery; she was a servant in the house, and could inform him where the box stood.

Sarah Collins . I was servant with Mr. Jackson, and had left him about three weeks before the box was stolen; I was with the prisoner, and we were talking about clubs; the prisoner had asked my husband, William Collins , to go to a club; my husband could not go, for he had spent all his money last week; I said, there is a club where I did live; said he, I'll warrant you there is a good booty in that box, whereabouts does it stand; I said, it is in my master's room, that is all the intelligence I gave him; after that I met him in Tothill-street, with a brown box under his coat; he went into Tothill-fields, and broke it open, and took the money out, as he told me; he came into my room, and gave me ten guineas and a half out of a piece of brown canvass, and said he was going away directly; one of the pieces that he thought to be a guinea was an 18 s. piece; he then said, I wish you very well, I'll set off directly.

Q. Did he tell you how much money he had got?

S. Collins. No, he did not, I saw it was gold in a brown purse.

Prosecutor. The box was brought to me by a waterman that lives by Millbank, it was found near there.

William Moore . I live at the Six Bells at Uxbridge. On the 25th of February last the prisoner was recommended to my house in a returned post-chaise, he wanted to lie there all night; then he said he would not, but would go to Oxford, he was very fuddled; I saw he had a great deal of money, gold and silver all together, he told it out, and I gave him a paper of the number of pieces which he delivered to me, twenty-one guineas in guineas and half guineas, two 6 s. 9 d. pieces, one 9 s. piece, and one 5 s. 3 d. piece; after that he altered his mind, and said he would have a post-chaise in order to go to Oxford; I then sent to the same house where he was recommended from for a post-chaise; then I ordered my wife to fetch down the money again; after I had told it down he said it was very dangerous to travel with so much money, he left twenty-one guineas with me, and I gave him a note of hand for it; he went away, and came the next day and demanded the money without the note, I did not chuse to deliver it without the note; he lay at my house that night, and the next morning went out and came with the note, then the money was paid him; he sent for a woman that lived in the town, that he he said was a relation of his, and gave her a guinea and five shillings.

Prisoner's defence.

I know nothing of the box, I never was in the house except when with Sarah Collins ; I left 20 guineas with Mr. Moore.

Guilty of stealing only . T .

He was a second time indicted for stealing one pair of shirt sleeve buttons set in silver, value 6 d. a pair of silver sleeve buttons, value 6 d. a woman's linen cap, value 6 d. half a yard of dimity, value 6 d. five yards of ribbon, value 3 s. a white bead necklace with silver spreaders, value 2 s. and five guineas, the property of Anne Bateman , spinster , in the dwelling-house of the said Anne , July 6 .

The prosecutrix did not appear.

Acquitted .

601. (L.) Joseph Lee , otherwise Leay , was indicted for stealing nine silver stock buckles, value 20 s. the property of Benjamin Cartwright , Sept. 24 . ++

Benjamin Cartwright . I keep a silversmith's shop in Smithfield . On the 24th of September my shew-glass was broke between seven and eight in the morning, before I came down stairs, my servant had got the boy at the bar; I had two dozen and two stock-buckles in my shew-glass, and when I came to count them, there were only seventeen remaining in the glass.

Ruth Dance . I am servant to Mr. Cartwright; I was coming down stairs, and saw the boy at the bar take his hand out of the shew-glass with a stock-buckle in it; he ran away, I made after him and brought him back; when he got to the stairs at the door, he reached out his hand and tried to fling the buckles down in the cellar; six of them went into the cellar and three lodged on the step: I called our journeyman to hold him while I called my master to pick them up, (produced in court and deposed to by prosecutor.)

Prisoner's defence.

I never was nigh the glass, I was going about my business; I am a chimney-sweeper , I saw two other boys by the glass; the maid came out, and they threw the buckles down and ran away.

To his character.

Elizabeth Simpson . The boy has served me three years, he is a chimney sweeper; he never robbed me, I cannot be answerable for what he does abroad, he behaves well at home

Mary Stringer . The prisoner goes out with my husband a sweeping, I never knew any harm of him.

Guilty . T .

Note, The prisoner having washed his face after in prison, the prosecutor was some time before he could persuade himself the right person was set to the bar; as this is not the only one of the sort, a prosecutor of such would do well to see them clean before committed.

602 (L.) Mary Smellar , otherwise Sinclare , was indicted for stealing two linen handkerchiefs, value 2 s the property of William Evans ; one pair of linen sleeves, two linen caps, one silk handkerchief, one linen handkerchief, and seven yards of ribbon , the property of Elizabeth Evans , spinster , Sept. 12 . ++

William Evans . I live in Queen-street, Cheapside , the prisoner was my servant two months; she went from me the 12th of September, and the things laid in the indictment were missing on the 24th; I went after her to Mr. Whitaker's in Long-lane where she lived. there she acknowledged the taking the things, (the things produced,) I can swear positively to the two handkerchiefs.

Robert Whitaker . The prisoner came to live with me after she left Mr. Evans's, they were found in the room she lay in.

The prisoner said nothing in her defence.

Guilty 10 d. Recommended. W .

603. (L.) Roger M'Daniel was indicted for stealing four pork chine bones, value 16 d. the property of Mark Bell and Joseph Goff , Sept. 20 . ++

Abraham Law . I had lost goods several times; I keep a shop, and fell by commission in Leaden-hall-market; I got up on Tuesday morning, and watched while the men were unloading the cart; I saw the prisoner undo a basket and take out four chine bones, the property of Mess. Bell and Goff; he went off, I ran after him, he threw the bones on the ground; I called out stop thief, he was stopped; as we were carrying him to the watch-house he pulled off his coat and ran away; the watchman said it was a small affair, and wanted me to let him go; one of them put his staff cross me in order to throw me down, but I ran and catched the prisoner again by St. Mary Axe church; I found the bones in the same place where the prisoner had throwed them down.

Prisoner's defence.

I was not the man, it was another fellow; I was a watchman in that parish, and was going home at four o'clock when this accident happened; I heard the cry stop thief, and they laid hold of me.

Guilty . T .

604. (L.) William Read was indicted for stealing an iron shovel with a wooden handle, value 18 d. the property of Michael M'Carty , September 26 . ++

Acquitted .

605. (L.) James Thompson was indicted for stealing a silk handkerchief, value 2 s. the property of John Stokes , Sept. 23 . ++

John Stokes . I was going by the Mansion house the day the King of Denmark dined there; Mr. Paine taped me on the shoulder; I turned round, he had the prisoner by the collar, I saw my handkerchief in Thomas Cund 's hand.

William Paine . About five o'clock the day the King of Denmark was in the city, I saw the prisoner follow the prosecutor down Cheapside from near King-street; he made several attempts at his pocket, the pocket-lid being in he could not do it; just before we got to the Mansion house, I saw him take the handkerchief out; I collared him, and said to the gentleman, you have lost your handkerchief; the prisoner went to throw it into the coach-way, but he could not, I was too quick for him.

Thomas Cund . I was opposite the Mansion house at the time, the 23d of September; I saw the prisoner throw the gentleman's handkerchief into the kennel, and I picked it up.

Prisoner's defence.

I know nothing of the matter; I picked it up, and Mr. Paine got hold of me; I am an honest lad, and work hard for my bread, I am a farrier by trade; there is not a sessions goes over Paine's head but he transports twenty of them; I am eighteen years of age last April.

Guilty . T .

606. (L) Edward Cain ; otherwise Can , was indicted for stealing handkerchief value 6 d. the property of unknown, September 16 . ++

William Paine . On the 16 th September I saw the boy at the bar and three others with him take a linen handkerchief out of a person's pocket; I went to the person and said, Sir you have lost your handkerchief; his wife was there, I had the prisoner by the collar the hand the handkerchief down) the wife said that's my husband'a property; the other three boys ran away, the man would not stay, but walked on about his business; I prosecute at my own expence.

Prisoner's defence.

I was along with other boys, one of them took the handkerchief, and this man laid hold of me and said I picked the man's pocket, but I did, I am but thirteen years of age.

Guilty . T .

607. (M.) Elizabeth, wife of John Greaves , was indicted for that she on the 19th of September , about the hour of seven in the forenoon, a certain dwelling-house of the said John her husband, in a public street called South Park street , joining to divers other respective dwelling-houses, did feloniously and voluntarily set fire to, by which means it was burnt down and consumed . +

Colonel Edward Hamilton , Esq; I was out of town when this fire happened; I had taken a room in this house, I was informed there was an execution in the house; I came home on the 20th of September, I had gave her notice of my coming 8 days before; when I came she told me my clothes and things were burnt, except what was in the possession of Mr. Bolland; she told me a lamentable story, and seemed very sorry that my things were burnt.

Q. Did you ever meet with any of your things again?

Col. Hamilton. Yes, I found I believe thirty-three shirts and nine waistcoats at two pawnbrokers; I went to Mr. Bolland's the next morning, he gave me reason to think I had not fair play; I went to Sir John Fielding and got a search warrant, and went to Mr. Howard's a pawnbroker, and asked if Mrs. Greaves had pawned any linen there; he said she had, and shewed me some of my shirts, I think there I found seventeen, and three waistcoats; and at Mr. Jason's a pawnbroker, I found sixteen shirts and eight waistcoats; I found two shirts in the room where she lived, them I had left with her to be ruffled, she had told me they were burnt; when I taxed her with pledging them, I think she said it was necessity that made her do it.

Cross examination.

Q. How did you give her notice when you should be in town?

Col Hamilton. I sent word by a gentleman, and I have it under his hand-writing that did give her notice.

Q. Had you given any direction to her to have any thing made up for you or altered?

Col. Hamilton. When I left her house I locked up my room door and took the key with me, and left some neckcloths with her to be made up into stocks, and two shirts to be ruffled.

Q. Did you treat with her for this room?

Col. Hamilton. I did, and she herself delivered the key to me; I took that room in consequence of a gentleman that lived with her; she gave me the choice of three rooms; every thing was locked up except the chest of drawers; my shirts were all callico.

John Jason . I live in Oxford-road, I am a pawnbroker; the prisoner pawned sixteen shirts and eight waistcoats with me at different times; on the 3d of September four shirts, five on the 6th, and seven on the 7th, and eight waistcoats; they were all brought to me by the prisoner at the bar, I knew her eight months before this; I had a good deal of her property in my hands at the time, consisting of wearing apparel, all brought within five or six months.

Q. Whose did she say the shirts and waistcoats were when she brought them?

Jason. She said they belonged to a Colonel that lodged with her, and that he was short of money.

Q. Did she name his name?

Jason. No, she did not; when she brought the last parcel, she said the Colonel sent her in a coach.

Q. Did you see a coach?

Jason. I do not know that she came in one; (the shirts and waistcoats produced and deposed to by the Colonel)

A Witness. I am niece to Mr. Howard a pawnbroker; I was present when the prisoner brought these shirts and waistcoats to Mr. Howard's, and pledged them in her own name, she said they were her husband's, (producing 17. shirts and 3 waistcoats, deposed to by the Colonel.)

Robert Stainsby . I was put in possession in the prisoner's house the 5th of September, by a power of attorney which was made from her husband to her to sell the goods, and she did sell them to Mr. Bolland some time before the fire happened; Mr. Bolland sent word he would advertise the goods and sell them, this was I think the Monday before the fire, if she did not let him have the money he had lent upon them; she had said her husband was coming and coming, but before she would have her goods advertised and sold, she would set them on fire and burn them all; I heard her say that more than once or twice, and he that was in possession with me heard her say the same. The morning the house was set on fire between six and seven, she sent the maid out of an errand to Mr. Bolland, and while the maid was gone, she went up and came down again to me in the kitchen; I heard her go up and come down, her room was up two pair of stairs forward; she came down stairs to me, and said I must see and kill her cat, for her cat ran about the house with fire upon her back; then she said her cat was a witch and would haunt her, and I must not kill her; I said, madam, one day we must kill her, and another day we must not, we will kill her by and by; then she found fault with the fluttishness of her maid.

Q. Had you heard her talk of killing the cat before that day?

Stainsby. I had, four or five days before the fire, she had mentioned it two or three times before; as she was busy in the kitchen blowing the fire, I took the bellows to blow, she said she believed some body knocked at the door; I went up, there was nobody at the door; I came down again and said, madam, your house is all of a smother; she said, it may be by the people washing at the next house; I said, is it usual to smoke so at such time, she made me no answer; I said I did not think that was the occasion, and I thought my blowing the fire could not make such a smother; she made no answer: soon after some body knocked at the door, and said your house is on fire, the fire comes out at a two pair of stairs window; it broke out in the maid's bed chamber, that was a two pair of stairs room; there had not been any fire in that room since I had been in the house, which was fifteen days; I ran up stairs in order to burst the door open, but I could not get nigh it, the smoke and sulphur came so strong; there was George Dundass in bed above, I called to him, he made no answer; I put my head out at the window and looked out, and saw him upon the top of the leads of the house; I hallooed to him to come down, he said he could not; I said; you can run through smoke, if you can't through fire; he did, and came down; the first words he said were, Lord, madam has set this house on fire on purpose.

Q. How do you know the fire began in the maid's room?

Stainsby. I saw the smoke come out at the maid's room door, and not out of the prisoner's room door; it could not break out in the prisoner's room first, they are both on the same floor; there was no other fire but in the parlour when I came down about six o'clock; the kitchen fire I light up myself.

Cross Examination.

Q. What are you?

Stainsby. I am servant to Mr. Bolland; I believe there was money lent by him to her on her goods.

Q. What money?

Stainsby. I do not know; I saw a power of attorney signed by the prisoner, and I heard her say Mr. Bolland had lent her 40 or 50 l.

Q. Do you know how the chimnies were situated?

Stainsby. No, I do not; the parlour fire is forward so is the kitchen, the maid's was backwards, I believe that is not in the same stack of chimnies.

Q. Is the house quite burnt down?

Stainsby. It is burnt down to the parlour, the roof of the house fell in; this house was next to the corner house, which is Capt. Townsend's.

George Dundass . I was in possession of these goods before the last evidence; I have heard the prisoner say she was afraid the cat would run about the house with fire on her back, and set the house on fire; we were going once to kill the cat, then she desired we would not kill her, saying she was afraid the cat would haunt her, I heard her several times talk thus; I was in bed in the top of the house when the fire happened, I think it was about seven o'clock in the morning; the sulphur came into the room, I opened the door to let it out, thinking the maid was lighting the fire below; I found it began to increase, I just got my clothes on; Stainsby called out fire, I heard the fire crack and saw it smoke more; I got out at a window to go out upon the top, and I could get no farther; I was obliged to come in at the window again, and come down through the fire.

Q. What room was it you heard the cracking in?

Dundoss. That was in the room where the prisoner used to sleep, up two pair of stairs forwards, I lay in the back garret; the cracking was immediately under my room.

Q. Did you know Col. Hamilton's room?

Dundass. I know he had a room in the house; I heard the prisoner say the sabbath-day before the fire happened she expected him home on the Tuesday; she was telling me that Sunday that she was burnt out once in Wapping.

Q. Who began to talk first about fire?

Dundass. She did.

Cross examination.

Q. Was there a cat in the house?

Dundass. There was.

Q. Did you ever see her by the fire?

Dundass. No, she was too wild to come near it; I have seen her in the garden, she never would come nigh the fire.

Q. Was there any chimney on fire?

Dundass. I saw none on fire.

Mary Lewis . I was servant to Mrs. Greaves at the time of the fire, she sent me out that morning about seven o'clock to Mr. Bolland's in Shire-lane, Temple-bar, to carry a letter; there was a fire in the fore parlour, which I had light, and no other in the house when I went out.

Q. Was there not a fire in your room?

M. Lewis. No, there was not, nor in my mistress's neither; I had been in the house about seven months, and in that time there had not been a fire in my room nor my mistress's; there are two rooms up two pair of stairs.

Q. Had Col Hamilton a room in the house?

M. Lewis. He had, to put his things in.

Q. Do you know any thing of any message from the Colonel about his coming home?

M. Lewis. I heard there was a message came that he should return the next week.

Q. When did that message come?

M. Lewis. That was the Tuesday or Wednesday before the fire?

Q. What time did you come back when your mistress sent you to Mr. Bolland's?

M. Lewis. I returned about nine o'clock, then the house was burnt down to the dining-room.

Q. About what time had your mistress used to rise?

M. Lewis. She sometimes arose by six.

Q. Had she used to open her chamber-windows?

M. Lewis. Sometimes she used to open all her windows, and sometimes only her own.

Q. Was there a candle left in your room?

M. Lewis. I went up into it about two minutes before I went out of her errand, there was no candle there at all.

Q. Did you then go into your mistress's room?

M. Lewis. No, I did not, the doors were both open; they opened one into the other; the doors were always open in the night-time, there was no candle in her room.

Q. Did you ever find smoke in your house by any thing that was going forward in the next house?

M. Lewis. No.

Q. Do you know how the fire came?

M. Lewis. No, I do not, I left the house very safe when I went out; my mistress had a rush-light burning in her room in the night, but she said she got out of bed between five and six, and put it out, that she said on the Monday morning after the fire; I heard her get out of bed.

Q. How came she to mention that?

M. Lewis. I asked her whether it might not come by the watch-light; she said she got out between five and six, and put it out.

Q. Could it come by the soulness of the chimnies?

M. Lewis. The kitchen and parlour chimnies were both swept after I came there, it may be two or three months after I came there; I saw part of the shutters of her room open in her room when I went out.

Frances Parker . I live in the same street, directly opposite the prisoner's house, I used generally to see the windows open in a morning; when I got up that morning, I saw the windows shut about half an hour after seven; as I was putting on my clothes I saw the smoke come out at the two pair of stairs windows, there are two windows, both were shut; she was in general a very early riser, and the windows were generally open.

Cross examination.

Q. How could you see the smoke when the shutters were shut?

F. Parker. It came out at the crevices, they were inside shutters, and it came out between the brickwork; I came down, and told the prisoner, she was very much frighted.

Prisoner's defence.

I am quite innocent, I know nothing how it came; Col. Hamilton never took a room of me, I gave him leave for a few days to leave some things with me; that fellow Stainsby has said he would be revenged of me, he smoked tobacco in my house; all this is spite and malice entirely, there is none more cautious of fire than I am, by being dreadfully burnt out before at Wapping wall; this Bolland wanted to arrest my husband, he sent his bailiffs after me, and I was carried to his house; he heard I was going to sell my goods, I let him come and appraise my goods, he put in two fellows; I said to him, Mr. Bolland, take that man out of my house, he smokes so I cannot live in the house; Col. Hamilton desired me to recommend him to a workwoman to make him some stocks, I employed a woman in my house; I did not know he would take the key of the garret away, I had a key of the other garret that opened his room; I did surely make use of his things, but I intended to fetch them again in a few days; I never wronged man, woman, or child in all my days: and now I am upon my trial, by the confusion of my attorney, my witnesses are not here, I should have had 500 to my character, I can prove I have been a woman of an undeniable character, I have the best of characters that any poor woman has; this man has robbed my husband of his goods, and now he wants to take my life away; I know not how the fire came, unless by this cat, she used to be frighted out of the kitchen, and out of the parlour; as she used to lie under the grate, I told them to beat her away; that Stainsby threatened my life, he looks so like a thief I hated him, every word he has said is all false; Dundass said, Bolland offered him 20 l. to swear against me, and he answered he would go to the farthest part of the world before he would.

George Dundass . I never said any such thing, he never offered me the value of a halfpenny.

To her character.

Mr. Golding. I live in Rotherhithe, I have known her about ten years, she has a very good character as far as I know.

Mr. Perkins. I live in Piccadilly, I have known her twenty years, I have all the reason in the world to give her a good word; she has always had a good character.

John Hope . I live in Rotherhithe, I have known her between two and three years, she was my next door neighbour; she was brought up extremely gay, and was looked upon as a gentlewoman; she was honest and sober to the greatest degree, I believe she was too much of a gentlewoman to do any thing that is mean and piciful by her appearance and character; she lived in a gossiping place, and people of character do not care to be too much connected.

Richard Whitewood . I am master of a ship, and live in Rotherhithe; she lived in a house of mine, I have known her about two years, she always bore a very good character in the neighbourhood.

Alexander Edwards . I live at Wapping Old-stairs, I have known her twelve years, she bears a very good character.

Peter Martin . I live at Wapping Old-stairs, I never heard any thing amiss of her.

Constable Lamden . I live in Shadwell, I have known her about nine years, I never heard any thing of her but what was good and honest.

Francis Springle . I live at Wapping, I believe I have known her about three years, by what I have heard she bears a very good character.

Acquitted .

(M.) She was a second time indicted for stealing thirty-three callico shirts, value 16 l. 10 s. and eight waistcoats , the property of Edward Hamilton , Esq ; Sept. 12 . +

The prosecutor and the two pawnbrokers gave the same evidence as before, and the prisoner acknowledged she pawned them.

Guilty . T .

608. (M.) John Price was indicted for stealing a silver watch, value 4 l. the property of Rice Williams . Sept. 27 . ||

Rice Williams. On the 27th of September I was near the Marquis of Granby's Head in Piccadilly , about twelve o'clock in the day, there was the prisoner; he asked me if I wanted to hire myself to a gentleman; I said, I came up upon other business; he told me there was a gentleman wanted a servant, an extraordinary place; he got me to go in at the Marquis of Granby's Head, there were some men began to hussel gold about; said the prisoner, will you go any thing; I said, I did not, understand it; said he, put down a guinea, never mind it, you shall not be out of pocket, he and one of the company would answer it; I was persuaded to do it he, I, and another against three others; they got my guinea; I said I would play no more; said the prisoner, you shall have your money of me, I will bring it back again; I was for going, and drew my watch out to see what o'clock it was; he took it out of my hand, and put it into a hat, and then said your watch is gone; he went out under pretence to meet with a gentleman, his friend; I followed him as far as Tyburn-road, I desired him to come with me to my brother's, he lives in Soho; he would not; then he walked on to Leicester-fields and St. Martin's-lane; said I to him, deliver my watch, or you will be hanged; no, said he, I will not, unless you give me a guinea; at last he set off, and ran away; I overtook him, and brought him to the Duke's Head; he would not deliver me my watch, we sent for the constable; then he would give the watch up, or a guinea, or any thing in the world; indeed I was afraid of my life, I found they were dangerous people; he delivered it me then back.

Q. Upon your oath did you consent to his putting your watch down for a guinea.

Williams. Upon my oath I did not, he slipped it from my hand, and put it down without my consent, and held his hand upon it.

Q. When he gave it you back again, who was by?

Williams. Then there was my brother and the constable.

Q. from prisoner. Whether you did not pull out your watch, and put it into the hat yourself?

Williams. No, I did not.

William Williams . I am brother to the prosecutor, I was sent for to the Duke's Head, I found my brother and the prisoner in a room; I asked my brother how he came there; he told me he was obliged to bring the prisoner there by force, that he had his watch, and would not deliver it; I asked the prisoner why he would not deliver it; he said he would not, without my brother would give him a guinea; I left the room, and went home, and told my wife what had passed; she went up and fetched down a guinea, and went to them; I asked the prisoner how the thing was; he told me he was at the Marquis of Granby's Head, and he had won it, and would keep it, without my brother would give him a guinea; I went to Mr. Smith, an acquaintance of mine, and told him of it; then we went to the Duke's Head, with Mr. Rogers the constable; when the prisoner saw them, he took the watch out of his pocket, and delivered it into Mr. Smith's hand; then, when we talked to him, he said he would do any thing, he would send to his wife, and give my brother the guinea that my brother said they had won of him; he said, if we would let him go, he would give him a guinea, or make any satisfaction; then we took him before Justice Welch and Major Spinnage ; when Major Spinnage saw him, he said, you Price, you ought to have been hanged ten years ago.

Edward Rogers . I was with Mr. Smith, and the prosecutor's brother; when we went in the prisoner immediately delivered the watch to Mr. Smith, and Mr. Smith delivered it to me; the prisoner said, for God's sake, I will make any satisfaction in the world I can, if you will let me go; I said I could not, and I would not; he behaved very obstreperous, we were obliged to bind him (the watch produced and deposed to.)

Prisoner's defence.

Coming by the Admiralty I saw Mr. Williams reading a paper, an acquaintance of mine came by and said, how do you do Mr. Price; Williams said, is your name Price; I said, yes; said he, are you a Welchman; I said, no; said he, I thought you might by your name; said he, I think I know you; very possible, said I; he asked me if I knew of any gentleman that wanted a footman; I said, our footman was gone away; said he, if you will give me a direction where I may enquire, I shall be obliged to you: then we went in at the Marquis of Granby's Head, for me to give him a direction; we called for beer, bread, and cheese; there came in two men, I know no more of them than of the farthest person living, one of them seemed to be in liquor; they said they had been gaming, and had lost their money; said Williams, I wish my brother was here, he would soon win all their money of them; they went to hiding a halfpenny under a hat for a shilling; Mr. Williams won two shillings, I had one, and he the other; then we went out of the room together, said he, we shall win all these mens money from them; then one of the men said, he would play no farther under a guinea, then Mr. Williams lost a guinea; then said the man, I will go for another guinea; then said Williams, I have no more money, but I will stake my watch, and took it out, and put it in the hat, and lost his guinea; I said, young man, do not take Mr. Williams's watch for the guinea, he is an acquaintance of mine, let him have it for the guinea; then one of these men went along with me for him to have his watch again for a guinea; I said, give me the watch, and I will be bound to give you the guinea; then Williams got me to go in at a public house, and said, give me the watch again, and do you go about your business; I said, I cannot do that, because the men will come upon me for the guinea; after that his brother and the others came in, they began to speak Welch together, I did not know what they said; then I pulled the watch out of my pocket, and gave it to the constable, when I saw what they were about; they after that took me before Justice Welch, and I was committed to Clerkenwell Bridewell for a defraud, and last night he went and swore a robbery against me; I never received the watch from him; I lived with Mr. Dodd, Member of Parliament for Berkshire.

Q. to prosecutor. How long had you been in London?

Prosecutor. I then had been in London but two days, I came up to see my brother, I had been in London twice before; the first time nine years ago, then I staid nine days; the second time I staid in town two or three days: that is all false which he says of speaking to him to get me a service, I never told him I wanted a place.

The prisoner called Thomas Levis, an attorney, that bound him an apprentice to a jeweller, Thomas Gravesbarg , a lapidary, and Benjamin Lyun , that knew him in Birmingham, and one Huckle, that served part of his time with the same master, but neither of them knew any thing of him lately.

Guilty . T .

609, 610. (M.) Plymonth Jumboe and Henry Pullen were indicted, the first for stealing five silver tops for castors, value 10 s. the property of Thomas Lowe ; and the other for receiving the same, well knowing them to have been stolen , Oct. 3 . ++

The evidence against the principal was that of his own confession, which was obtained from him by a promise, which in law could not be received; they were both acquitted .

611. (M) Paul Booth was indicted for stealing a silk and cotton handkerchief, value 2 s. the property of Mary Purcell , spinster , Oct. 11 . ++

Acquitted .

612. (M.) Robert Singer was indicted for stealing a brown gelding, value 13 l. the property of James Barnham , Sept. 10 . ++

James Barnham . I live at Isleworth, I missed a brown gelding out of a meadow-ground, betwixt Isleworth and Twickenham , on Sunday the 11th of September in the morning; I put her in on the Thursday night, and the gate was spiked up; on the morning when I missed the gelding, I found the spike was drawn; I had him advertised on the Monday morning two guineas reward, and on the 14th the horse was brought home by the prisoner at the bar.

Q. Did you know him before?

Barnham. Yes, he lived but about half a mile from my house, he is a labouring man that works in the gardens , he brought her home for the reward, and gave but a poor account how he came by her; he said a friend of his told him of the horse, and he found the horse in Uxbridge-moor; I suspected him to be the thief, and took him before Sir John Fielding ; just before we went to Sir John, at the Sun in Russel-street, he confessed he took the horse out; we went then to Sir John, there he made a full confession that he broke the gate open, and took the horse out; we thought he had some consederate, he said he had none.

Q. Did you promise him any favour if he would confess?

Barnham. No, I did not.

Q. What were his words he made use of?

Barnham. He said he would tell me the truth, he was the man that took the horse out of the field, and rode him to Longford, and turned him adrift, and kept him in a Lammas meadow just by Longford.

Q. Have you enquired whether there is such a meadow there?

Barnham. I have, but cannot find there is.

John Lewis . I live in the parish of Isleworth, I am the constable that had him in charge; I heard him say at the Sun in Russel-street he would not bring an innocent person, I was the person that drawed the took the horse out, and rode him to Long and put him into a Lammas field; we took him before Sir John Fielding , he made the same confession there.

Prisoner's defence.

I heard the horse was lost; I was going out upon a little business, I saw the horse and I thought he was the same; I took and brought him home to the farmer, they gave me some liquor that day, and I did not know what I said before the Justice.

Q. to prosecutor. Was the prisoner in liquor?

Prosecutor. He came to me sober, we had no liquor at home, we had a little in London, but not much, he was as sober as I am now.

Q. to Lewis. Was the prisoner drunk or sober?

Lewis. He was as sober as I am now.

Q. What liquor had you in Russel-street?

Lewis. We had a bottle of wine and two pots of beer among fix of us; I believe the prisoner drank two glasses of wine and one draught of porter.

To his character.

William Hunter . I live at Harmsworth; I have known the prisoner all my life, he has been gone from our parts three or four years, I never knew him behave ill.

William Hains . I live at Harmsworth; I know no other of him than that of an honest man, he is about thirty years old, we both of us married his sisters.

Guilty. Death . Recommended .

613. (M.) Elizabeth, wife of Thomas Ward , was indicted for stealing two sheets, value 4 s. one woollen blanket, value 1 s. and one copper tea-kettle, value 6 d. the property of Thomas Wilsham , in a certain lodging-room lett by contract , &c. September 5 . ++

Acquitted .

614. (M.) William Grimstone was indicted for stealing a cloth waistcoat, value 18 d. a linen waistcoat, value 6 d. a pair of leather breeches, a shirt, a neckcloth, and one worsted stocking , the property of John Partridge . Sept. 23 . ++

John Partridge . I live in Bunhill-row ; I was coming home on the 23d of September, betwixt ten and eleven at night, I met the prisoner at the bar about a hundred yards from the alley where I live, called Chequer-alley; he had some things upon his arm, I saw something blue like a coat, and a neckcloth hung out; I went home, and when I came to the door a woman stood at the door, and said a man had been up in my mother's room; I ran back and pursued the prisoner, and hallooed out, stop thief; there was a watchman told me he knew the man that I suspected with a parcel of things; I and the other evidence here went to the prisoner's room in James's court, Featherstone-street, there the young man took my things which are mentioned in the indictment from under the bed (produced and deposed to,) they were taken from out of my mother's room.

Daniel Lipsey that was at the finding the things, deposed he saw the prisoner as he was going home with a parcel of things on his arm.

Prisoner's defence.

I had not been at home above four or five minutes before they came and found the things, how they came there I cannot tell.

He called Abraham Frankmore , Matthew Walker , John Kelsoy , and Joseph Stadall, who gave him a good character.

Guilty, 10 d. W .

615, 616. (M.) William Andrews was indicted for stealing a silk gown, value 20 s. a silk quilted petticoat, value 3 s. a dimity petticoat, value 12 d. a pair of ruffles, value 6 d. a linen handkerchief, value 2 d. two linen caps, value 3 d. and a mahogany tea-chest with three tin cannisters, value 10 s. the property of William Palmer ; and Mary Hopegood for receiving a silk gown, a quilted petticoat, a dimity petticoat, and a pair of ruffles, part of the said goods, well knowing them to have been stolen , Oct. 1 . ||

William Palmer . I live in Hackney; I was at Cambridge when the things were lost, which was the 1st of October; I came home the Wednesday following; I sent my wife to Whitechapel to the Justices, they sent her to Mr. Brebrook, who had the prisoner in his custody.

William Botsworth . I am servant to Mr. Foster a pawnbroker; I took these things in of the prisoner Hopegood, (producing a silk gown and a pair of ruffles,) she said they were her own.

Jane Palmer . These are my property, I am wife to the prosecutor; I was half an hour out of the house, I was told two boys had been seen about the door; I found they had got in at the window; I found they had left my door open at coming out; all the things laid in the indictment were missing; the boy at the bar confessed at Mr. Brebrook's the other was named James Cooper , and that the prisoner stood at the door while the other got in and took the things out; I found out where they were pawned by Hopegood's mother.

Betsworth. Hopegood said at Whitechapel before the Justices that Andrews gave these things to her to make away with, to do what she could with them.

James Brebrook . I took the two prisoners up, and had them before Mr. Pell: Hopegood wanted to be admitte d evidence, but she had been an evidence once before, and they would not admit her; she said there that Andrews and Cooper broke a house open in a lane leading to Hackney church, and gave her these things to go to sell, by which means I found out the prosecutor; when they were at my house, Andrews said Cooper broke a pane of glass and so got in, and handed the things out much about dark.

Andrew's defence.

I was taken very ill and was at home at my mother's; I got up and went as far as Bethnal-green; I went to ease myself in a ditch, and saw something white; I walked a little further and saw this bundle of things lying, I took them up.

Hopegood's defence.

I met this young man going along, he said, Mary Hopegood , will you be so good as to take this gown and petticoat, and go and pawn them for me; I said, whose is it; he said it is my mother's; I went and pawned them, and had 16 s. upon them.

Andrews Guilty . T .

Hopegood Guilty . T. 14 .

See Hopegood an evidence, No 288, in this Mayoralty.

617. (M.) Mary Hopegood a second time, and Margaret Gilford , otherwise Wood , spinsters , were indicted for stealing a tea-chest, value 2 s. four silver tea-spoons, value 4 s. two shirts, value 2 s. a muslin neckcloth, value 6 d. three linen aprons, value 3 s. a linen handkerchief, value 12 d. a silk and cotton handkerchief, value 12 d. and a duffil cardinal, value 12 d. the property of Uriah Child , Oct. 1 . ||

Mary Child . I am wife to Uriah, we live in Catherine-wheel-alley, Whitechapel . On the 1st of October I was gone to market to buy a bit of meat, and when I returned about eleven or twelve in the day, I found my door open and my drawer open, and the things mentioned gone; on the Tuesday following Gilford came with Mr. Brebrook to my house; he told me he believed he had the thief that robbed me; she pulled a teaspoon out of her pocket, and acknowledged she took my things out of my house, and that Hopegood stood at the door and received them of her; Brebrook had Hopegood in custody at the same time; they were taken to Whitechapel to the Justices, there they both confessed it.

William Bester . I am a pawnbroker; a girl brought these three tea-spoons and pledged them with me, and Hopegood stood at the door at the same time. (produced and deposed to.)

Alexander Allen . Hopegood pledged a shirt and handkerchief to me for 3 s. 6 d. on the 1st of October, (produced.)

Jeremiah Davis . Gilford pledged an apron to me for 18 d. the first of this month, (produced)

James Brebrook . Gilford was brought to my house by a hatter; she owned she had been concerned in robbing a house, and had one silver teaspoon upon her; I took her to the house where he said she had it from, and the prosecutrix owned the spoon: Gilford said Hopegood was concerned with her, so I took her in custody (the spoon produced)

Mary Child . These things produced are my property.

Hopegood's defence.

Margaret Gilford came to my house and desired me to pawn them things for her, as her mother was very ill, and I took and pawned them.

Gilford's defence.

I did not know of my trial coming on so soon, I have no witnesses here.

Both Guilty . T .

618, 619. (M.) John Antrobus and John Matthews were indicted for stealing two quarter guineas, and 2 s. 6 d. in money numbered , the property of Francis Harvey , Sept. 16 . ||

Francis Harvey . I was a little in liquor one night at a public-house; the publican said I abused him, and he got me into Clerkenwell Bridewell , there I lost 6 l. there were two guineas, four half guineas, five 5 s. 3 d. pieces, and the rest in silver; I know nothing who took it, but by Tantrabobus as they call him, his confession.

William Langley . I was servant to the deceased Mr. Stoddart, the keeper of Bridewell; I took in the prosecutor between twelve and one o'clock at night; he would not have a bed, so I put him among the others, and in the morning he complained he had lost 6 l. I found Matthews and Antrobus, who we call Tantrabobus, on the women's side; I brought them round; the prosecutor offered a guinea to any one that would help him to his money; I knowing Tantrabobus to be a thief, having robbed many since he was there, I charged him with taking it; he told me it was put into a stocking and throwed down into the cellar; we went down, and there we found two 5 s. 3 d. pieces, and half a crown; we took the prisoners before Justice Welch, there Tantrabobus owned he picked the man's pocket, and gave it to Matthews in his hammock; Matthews owned he had two 5 s. 3 d. pieces handed up by Tantrabobus, (13 s. 3 d. produced in court.)

Prosecutor. Here is one 5 s. 3 d. piece I can swear to be my property.

Antrobus's defence.

I was threatened to be chained down if I would not tell, so I did tell.

Antrobus Guilty . T .

Matthews Acquitted .

620. (M.) John Parsingham , otherwise Parsons , was indicted for stealing a bay mare, value 5 l. the property of John Wells , Sept. 6 . ||

John Wells . I lost a bay mare out of a field, between Peckham and Camberwell in Surry ; I saw her over night on the 5th of September, and she was missing the next morning; I advertised her in two news-papers, and had some hand-bills dispersed about, and Mr. Taber stopped her the Monday after, which was I think the 12th.

John Taber . I keep the Fox and Anchor Inn in Charter-house-lane; on Wednesday the 7th of September the mare was brought to my house about four in the afternoon by the prisoner; he put her up, and said he would call again the next morning; I never saw him from that time till the Tuesday following, which was the 12th; on the Saturday there came a man that said he came from the man that brought her, to know the expences; that man came again with spurs on, and no boots, and a whip in his hand, and said he came to pay the expences, and to take the mare away; I said, I should be glad to know what sort of a person you take me to be, to deliver the mare to the person I knew nothing of, without authority from the person that brought her; he went away: on the Monday morning I saw the advertisement in the paper, describing her; in consequence I wrote to Mr. Cooke in the Borough, where the advertisement directed; he came and said it was the very mare that was advertised for: on the Tuesday morning the prisoner came for the mare, my wife sent a message to Mr. Cooke, to let him know the man was come; I came down stairs, he desired I would make my bill out; I told him it was so much corn, and five shillings he borrowed of me when he came with her; I had got a constable ready, we secured him, and in four or five hours Mr. Wells and Mr. Cooke came; he said he knew nothing about stealing the mare; when he brought her, I think he said he was a farmer at Harrow, and had sold a load of hay.

Q. Did he say how long he had had her?

Taber. No, he did not.

Prisoner's defence.

I had been to Camberwell, and returning from there about half an hour after eight on the Monday night, there was this mare upon a little green with a bridle and saddle on, and a whip tied to her stirrup; I hallooed to see if she had throwed any body, I could find no body; I took and rode her, and put her up on the Wednesday at Mr. Taber's house; he says I borrowed five shillings of him, I had six shillings of him.

Q. to Taber Did he tell you any thing about finding the mare?

Taber. No, he did not.

Guilty . Death .

There was another indictment against him for stealing another mare.

621, 622. (L.) Sarah Lane , otherwise Roberts , widow , was indicted for stealing twelves reams of paper, value 6 l. the property of Archibald Hamilton ; and Mary Wright for receiving ten reams, part of the same, well knowing it to have been stolen , Aug. 3 . ++

Isaac Brackett . I am apprentice to Mr. Hamilton, a printer , in Falcon-court, Fleet-street ; he having lost a large quantity of paper at different times, I was set to watch on the 3d of August up one pair of stairs, to look down over the stair-case, the paper stood in the passage below near the door; about a quarter after six in the morning the prisoner Lane came in and took away a bundle; I followed her, and took it from under her cloak at the end of the court, and brought her back.

Thomas Wright . Sarah Lane was a washer woman several years at Mr. Hamilton's; betwixt March and July my master lost large quantities of paper; after she was carried before Sir John Fielding , and committed, I went with her in the coach, she acknowledged she had taken five or six bundles in the whole, which is eight or ten reams, and had sold it to Mrs. Wright, who keeps a chandler's-shop in Shoe-lane; she acknowledged she had taken a bundle of blue, and a large bundle of demy, which we had missed but a little before; she said we should find them, with some odd quires, in a closet at Wright's, up one pair of stairs; I got a search-warrant, and in that closet found the large quantity of demy, it was the Gardeners Kalendar printed, and the bundle of blue, that is a particular sort which Mr. Hamilton had from Scotland, and an odd quire; a bundle contains two reams; in all we found six reams, and some odd quires; Wright said at our going in, and telling her what we came about, she had none, and we were welcome to search the house; the large demy is worth about 27 s. the blue about 11 s. and the Scotch paper about 25 s. a bundle; there were eighteen quire of copy-paper, and about seven or eight odd quires; I know all this paper to be the property of Mr. Hamilton; Wright acknowledged she had it of Lane, and that she gave her 5 s. 3 d. a bundle for it, and that she did not know the value of it; the next morning our warehouse-man told me he heard John Fishbourn had been employed by Wright to sell paper, he is here, and will give an account.

Thomas Blundel . I am warehouse-man to Mr. Hamilton, the prisoner had washed for him three or four years; we missed paper several times, the first was eighteen quire of copy-paper in a bundle; about a month after we missed a bundle of large demy, about a month after that another bundle of the same; after that we set a watch, we missed a bundle of blue; after that, when a watch happened not to be set, the men watched by turns; the prisoner Lane was taken after she had taken a bundle of white about six in the morning; she was taken before a Magistrate, and committed; in going to Newgate she confessed the several bundles she had taken, and said we should find them in a closet up one pair of stairs in Wright's house; we went and found as she had said (he gave the same account of the quantity as the former evidence, and that he knew the paper to be the same which was taken from his master's house by the package of it, it having not been opened, but as it was when he received it.

John Emmerton . I am a constable, I went with a search warrant to Mrs. Wright's house; I told her I had a search-warrant for paper that was stolen, she made no dispute; when up stairs I said, open that closet; she did, I believe there was no lock to it, there we found some bundles of paper; she said she gave 5 s. 3 d. a bundle for it, but to whom I know not; then we took her before my Lord Mayor, she was sent to the Compter for farther examination; the warehouse-man swore to the paper as Mr. Hamilton's property (the paper found in the closet, produced and deposed to by Blundel)

John Fishbourn . I am a journey man printer, Mrs. Wright applied to me to sell some paper for her about the 28th of last June; I sold five reams to Mr. Brown for her, I had them of her from out of a one pair of stairs room; I received 45 s. and returned half a crown to the man that bought it, and gave her 30 s. and 6 d. and kept the rest myself; the next morning she desired me to take more, he gave me 20 s. for it; I returned him a shilling, and gave Mrs. Wright 15 s. out of it; she said she came honestly by it, but did not say who she had it of; about three weeks and three days after she applied to me, and asked whether we did not use blue paper in our business; I said, yes, for wrappers and covers of books; she said she believed she should have some in a few days; after that, she said in the room of blue, she had a bundle of white; I said this can never be right; she then said she had it of a person that belonged to a public office, and it was their perquisite; then she said if she thought the person stole it, she would have no more of her, but she had lent her a cloak, and she has pawned it for 5 s. 3 d. and she owed a chandler's-shop score, and as soon as she could get it she would have done with her.

Q. How came you to keep so much money to yourself?

Fishbourn. That is customary in our trade.

Jane Fishbourn . I am wife to John Fishbourn ; I went to Mrs. Wright, and asked her how she could be so wicked to ask a man that she had known from his cradle to sell paper for her that she knew to be stolen; she said, if my husband had not mentioned the selling of it, no body would have known it to have been stolen; she desired me to come to her the next morning, I did; she said, if there are any wrappers on the paper, for God's sake go and take them off, for they can swear to none but the wrappers; I sent my little girl to Mr. Fellows, who helped my husband to the customer, and he sent word there were no wrappers on it.

Blundel. I went to Mr. Brown's, and saw some paper, the Gardeners Kalendar, and Scotch paper, I knew it to be Mr. Hamilton's property.

Lane's defence.

My name is Sarah Roberts , I have been acquainted with Mrs. Wright a great while; when I have been in a little distress, she has trusted me six-pence or a shilling; I said I worked at Mr. Hamilton's, and we light the fine with waste paper; she asked me to bring her some, she gave me 3 s. for the first bundle; after that she told me, if I would bring her some more, she would get a customer for it; I did; she coniced me to go again; I told her I was afraid, she told me she would lend me her cloak to go in; I said I could not do it; I carried it, and pawned it for 5 s. 3 d. after that I fatched it out, and gave it her again; and the fourth time I went for paper I was detected; I never was guilty of any such thing before.

She called Sarah Smith and Jane Roberts to her character, who said they had known her some years, and knew no harm of her.

Wright's defence.

This woman brought paper to me, and said she came honestly by it; that she worked at a public office, and it was her perquisite; at first she brought little quantities, seven or eight pounds, I allowed her 2 d. a pound for it; when she brought these large bundles, I much disputed it; she said I might be assured she came honestly by it, for she had worked many years in that house; I asked what it would come to; she said 5 s. 3 d. I gave it her, and when I opened it I would weigh it, and allow her 2 d. a pound; from time to time she repeated it, and always declared she came honestly by it; I never distrusted her, but took her to be an honest woman.

She called Samuel Knowlton , a grocer in Fleet-street, who had known her four years, Nicholas Pratt , a baker, William Lloyd , John Bevit , a publican, John Barnet , Thomas Beard , a mason, all of Shoe-lane; Chesley Green, a taylor in White-friars, James Gibson , a mercer in Fleet-street, James Perry , a sword cutler in Holbourn, Sarah Sneep , in Fleet-street, Winifred Tapscote, a tobacconist in Holbourn, and Charles Wright , who gave her the character of an industrious honest woman.

Lane Guilty . T .

Wright Guilty . T 14 .

623. (L.) Joseph Higgins was indicted for stealing nineteen pair of worsted stockings, value 19 s. nine pair of woollen stockings, value 9 s. two worsted breeches pieces, three yards of baize, and nine yards of slannel , the property of Mess. Woolley and Burford. Oct. 4 . +

Anthony Woolley . Mr. Burford and I are partners ; I had some suspicion of the prisoner, having lost something before, and it was hinted to me by some of my servants, that the prisoner and another was drinking one night pretty late together in my house; I asked him who it was; he answered, John Evans ; he was in a great tremor; I said, if you are an honest man, you can have no objection to my searching your box; I ordered my servant to go down with him for that purpose; the prisoner went first, opened his box, and threw out two bundles of stockings; the box was brought up to my counting-house, where we found some more packed up, sealed with black sealing wax, and directed for the prisoner at Mess. Woolley and Burford's; he acknowledged they were our property: after this I asked him if there was any thing else concealed, if he would tell I might be favourable to him; he told me there was a parcel at Mr. Evans's in St. Paul's Church-yard, which he had carried there; they were found there in consequence of his direction (the two bundles thrown out of the box, and what was found in the counting-house, produced and sworn to be Mess. Woolley and Burford's property, as also the parcel found at Evans's)

Benjamin Linley . I was sent into the cellar where his box was; he opened his box, and I saw him throw two bundles out; the box was brought up, and more stockings found, directed to him at Mess. Woolley and Burford's.

John Evans . I knew not what was in the parcel he brought to my house; I have been with him at Mess. Woolley and Burford's, but did not know he took any of Mr. Woolley's property.

Prisoner's defence.

I do not know how those stockings came in my box, the other parcel I carried to John Evans , but intended to fetch them back again.

He called Nicholas Jordan , of Spitalfields, William Higgins , the prisoner's brother, and Owen Evans , of Moorfields, who gave him the character of an honest industrious young fellow.

Guilty . T .

624, 625. (M.) Patrick Hanlon and William Miller were indicted for making an assault on Sarah Rogers , spinster , on the King's highway, putting her in corporal fear and danger of her life, and taking from her a guinea, a Spanish dollar, and a crown piece, her property, and against her will , July 9 . +

Sarah Rogers . On Saturday the 9th of June (doubtless she meant July) I was going to Hampstead between ten and eleven at night; three men went up to the coachman and ordered him to stop; one came on one side, and another on the other on foot; one of them presented a pistol and said, if I did not deliver my money they would shoot me; I was alone in the coach; he that held the pistol took my purse out of my hand, there was gold and silver in it, but I cannot tell how many guineas, there were more than one, there was a crown piece and a Spanish dollar; I fainted away after he took my purse, I don't know the men.

John Noaks . I think on Sunday the 10th of July there were repeated informations of robberies done on the new road; there was a coach ordered by Sir John Fielding, for people to go in to detect the robbers; I was one in the coach; we ordered to drive Gray's-inn lane way, and over the new road towards Tottenham court turnpike, about two fields before we came to the turnpike I said to the others in the coach, there stands two of them, (there were Haliburton, Bond, and Heley with me;) the words were no sooner out of my mouth but Leicestar the evidence here came up to the side where I sat, with a pistol in his hand; there came two of them on one side; we got out of the coach and took Leicester, the other men got away; Leicester told us where his companions were to be found, and confessed this robbery; then we came to the Little Old Bailey, where he told us Hanlon lodged, and took him in bed about two in the morning; after that we took Jones; then we went to Black friars to Miller's mother's, there we took Miller; he told me after he knew Hanlon and Leicester were taken, he in ended to go to Sir John Fielding and turn evidence against them; in searching his lodgings, he called me by my name and said, you need not search, I'll give you what I have; when I told him I had Hanlon and Leicester, he asked me if I had got their pistols; I said I had got one; then he said, I'll shew you I have no pistols, but I'll give you the powder and shot, which he took out of a salt-box (produced in court;) I asked him what was become of Mrs. Rogers's crown piece; he said Hanlon sold the crown piece, and gave him this dollar as part of his share of the money (produced in court.)

S. Rogers. I believe this is my dollar.

Noaks. We found the pistol in the road where Leicester fell down when we took him (produced,) it was loaded with a cherry stone.

Miller. I brought that dollar from St. Kitt's.

Noaks. William Haliburton is gone on particular business into Norfolk.

John Leicester . Hanlon, Miller, and I, went out upon Hampstead road between ten and eleven at night; we robbed a lady in a coach of a guinea and a half, some silver, a Spanish dollar, and a crown piece; we all three had pistols; we divided the money equally alike; I bought clothes with mine, one had the crown and the other the dollar.

Q. What day was this?

Leicester. It was on a Saturday to the best of my knowledge; I was taken up the 10th of July; I am a jeweller by trade, Hanlon is a baker, Miller has been at sea, I don't know what trade he was brought up to.

Hanlon's defence.

That evidence knows nothing of the robbery; I worked with Mr. Shamborough, opposite White-chapel church at the time, but he is ill, and cannot come.

Miller said nothing in his defence, but called Charity Crane, who lives in Bunhill-row, Eleanor Judd , in Bridgewater's-gardens, Jane Smith , who lodged at his mother's in Water-lane, Black friars, and Rebecca and Bridget Chandler , who said they knew no ill of him.

Both Guilty . Death .

There was another indictment against them for robbing Launcelot Shadwell on the highway.

626. (M.) Patrick Hanlon was again indicted with Benjamin Jones , for stopping John Noaks on the King's highway, with a certain pistol, the money of the said John to steal , July 10 . ||

John Noaks gave the same evidence as on the former trial.

John Leicester . There were John Ekley and another not taken; Jones, Hanlon, and I, five of us in all, we stopped a coach; they got out, and I was taken, the others got off; we all agreed that night to go out to rob; Hanlon, I, and Jones, had each of us pistols.

William Bond . I was with Noaks in the coach at the time they stopped the coach; they called to let down the blind, or they would blow our brains out; we got out of the coach, and Leicester was the only person we could take.

Jones said nothing in his defence.

He called Arthur Debit , who was a waiter at the Shakespear's Head, Drury-lane, who deposed Jones was there on the 10th of July, from a quarter after nine till the house was going to be shut up, which was about twelve.

Hanlon Guilty .

Jones Acquitted .

There was another indictment against Hanlon for robbing James Hoare on the highway.

627. (L.) John Brown (a Black) was indicted for stealing a watch, with the dial plate and case gold, value 6 l. and a silver seal, value 2 s. the property of John Lewis , Sept. 23 . ++

John Lewis . I belong to the King's warehouse at the Custom house . On the day the King of Denmark dined at the Mansion-house, I was along with a gentleman to see the sight, within about four feet of the Mansion house gate , just by the gully-hole; the mob was so great we could get no farther; I was not stopped above half an hour; as soon as the mob dispersed I went away immediately; I did not miss my watch till I got almost as far as 'Change-alley in Cornhill, I had put it in my side pocket with my pocket-book, which had above 50 l. value in it; I found the bottom of my pocket cut, lining and all, on the inside my coat; had it been cut a quarter of an inch further, my book had sell out (he shewed the cut on the inside his coat;) this was on the Friday, and on the Monday I heard of my watch in the Daily Advertiser; there were several watches stopped, supposed to have been stolen; among the rest there was a gold one by a Black; I went to the Mansion-house, there I found the prisoner and my watch.

John Hobbs . I am a silversmith, or rather a connoisseor, I live in Whitechapel. About 3 o'clock on a Saturday in the afternoon, William Chapman came to me and said, here is a gold watch to sell, it belongs to a man that brought it from abroad; he said, put your hat on and come along with me; I looked back and saw the prisoner behind him; I said, what do you do with that black thief here; I found the watch was old guts in new cases, it ran upon a diamond; the seal was a spread-eagle, and a German crest; we went in at the London Apprentice; I said to Chapman, take my advice and stop the watch; then we went down to the Black Boy in St. Catherine's; says Chapman to the prisoner, go along, you black bougre, what do you mean by getting me to sell your stolen goods, if Mr. Hobbs had not passed his word for me I should have been sent to goal; I wanted to get the prisoner to Mr. Brebrook's, but could get him no farther than Mansfield-street; I went into a house and asked assistance, saying the Black had stole some things; they would not assist me; when I went out the Black followed me, and said whereever he met me he would cut and scalp me, and clapped his hand to his pocket; we coaxed him to the Mansion house, then he took a spring and ran down Walbrook; we catched him and brought him to the Mansion-house; as we were going along he said, from Temple-bar to the Mansion-house, if he had had any body with him he could have mill'd many more, and that he twigg'd this very easy.

Q. Where was you when he said this to you?

Hobbs. This was as we were coming along before he ran away.

William Chapman . I am a lighterman and waterman, I have known the prisoner four or five years; I was at dinner in my own house in St. Catherine's, the prisoner came in between twelve and one on a Saturday, and shewed me this watch; I went into my yard and opened it, I found it was a gold one; I said I would have no concern in it, it was a very dangerous affair; I went up to Mr. Hobbs with it, and we had a tankard of beer, and considered of it; then we stopped the prisoner, I had the watch at the same time; he told me in my house he had it of a sailor, after that he said he found it.

William Miller . I had charge given me of the prisoner; the prisoner said he found the watch in Lombard-street just above the Mansion-house (the watch produced and deposed to.)

Prisoner's defence.

The day the King of Denmark dined at the Mansion house I was coming by, a coach had like to run over somebody by the corner of Lombard-street; a woman made a stoop to take the watch up, and I took it up and kept it from Friday till Saturday at four o'clock; then I went to Chapman's house, and said I had got a watch; said he, I'll carry it over the way and get a guinea upon it; I said I would keep it till it was advertised, then I would have the money for it; he said, no, that will not do, take it to Hobbs, perhaps he may give you the value of it; said I, I don't want to sell it, because I am perfectly sure it will be advertised; he took me to Hobb's house, then they came out to go towards Whitechapel church; he whispered me to give him the watch, I did; said he, we are going to see what the value of it is; he left me at the corner of Whitechapel church; I staid there three quarters of an hour; I told the woman at the alehouse I would go to St. Catherine's where I lived; I went there, and found them at the Black Boy; as I got in at the door, he said, go along, the watch is stopped; I said, if it is, I am the only person that found it, I will be stopped too; then Mr. Hobbs made a fort of a pretence to run away towards Tower-hill; I followed him, thinking he had the watch; we went up the Minories, they had a pot of beer, but I did not chuse to drink with any person that seemed to be so false.

Prosecutor. I did not go home Lombard-street way, I went up by the Change.

Acquitted .

628. Thomas Besford was indicted for making an assault on Sir Francis Blake Delaval . Knt. putting him in corporal fear and danger of his life, on the King's highway, and taking from his person a gold watch, value 20 l. a cornelian seal set in gold, value 10 s. and ten guineas in money, the property of the said Francis , May 31 .

The prosecutor did not appear.

Acquitted .

See him tried, No. 583, in last Sessions Paper.

629. Anne, wife of Henry Thurlow , was indicted for stealing sixteen yards of printed linen, value 30 s. the property of James Brown , Oct. 13 .

The prosecutor was called, and did not appear.

Acquitted .

The recognizance was ordered to be estreated.

630. David Williams was indicted for stealing a silver watch, value 40 s. and one silver seal, value 1 s. the property of Mark Littlewood , Oct. 19 .

The Prosecutor did not appear.

Acquitted .

The recognizance was ordered to be estreated.

631. (M.) George Welldon was indicted for stealing a weather sheep, value 10 s. the property of Jonathan Parker , Oct 8, 1767 . ||

Jonathan Parker . About ten days before Michaelmas was twelve months, I lost a weather sheep out of my ground near Kentish town ; upon making enquiry I was told Mr. Summers knew something about it; I called upon him, he informed me he saw the prisoner putting something out of a sack into a ditch; that after he was gone he went and looked, and found it to be a sheepskin warm; the sheep I lost was bursten; I was shewed the skin, and am certain it was the skin of my sheep that was lost; I went to enquire after Welldon, and offered a guinea reward for him, but could not meet with him, till he was taken up by Mrs. Wheeler for money due for lodging; I applied to Mr. Clayton the constable, and got a search-warrant, and at the prisoner's lodging we found twenty-five pounds of sat melting over the fire; the prisoner said he did not know how it came there, and laid it upon another man who was discharged.

William Summers . I live at Highgate; I was at work for a gentleman, the prisoner came along the foot path with something in a sack; he went into the field and down into a ditch; then he came out and up to me, and asked me what o'clock it was; I said it might be about a quarter after seven; he went and got half way over the stile, and got back again; that gave me a suspicion he had put something in the ditch; I went to the place and found a sheep-skin, it was warm; I took it to my work, and went in pursuit of the prisoner, but could not hear of him. The next day I believe I shewed it to Mr. Parker; I found the prisoner one evening at Highgate; I let him pass me forty or fifty yards, then I followed him and collared him, and told him what for; he offered me a shilling to let him go; we had two or three ups and downs; there was an Irishman desired me to let him get up; I did, and he got away; I never saw him after till before Sir John Fielding .

Elizabeth Wheeler . I live near Red Lion-square; the prisoner lodged in my house three quarters of a year, or thereabouts; he used to be out of nights, and used to come in between eleven and one, or two o'clock in the morning; it is not a quarter of a year since he went away from me.

Thomas Clayton . I am the constable; I had a search-warrant, I searched the prisoner's lodgings in Baker-street, Clerkenwell, the 7th of September last; I found twenty-five pounds and a half of tallow melting over the fire, and a piece of scrag of mutton all bloody, with two cords tied about the neck of it; I asked how it came to be tied so; he said it was for the child to play with; the sheep skin was mentioned to him that he put in the ditch, but he denied knowing any thing of it.

Prisoner's defence.

I have witnesses to prove what they have said against me is not true, I know nothing of any tallow.

For the prisoner.

Anne Baxter . I have known the prisoner two years; he did lodge with me about twelve months in White-Hart court, Long-lane, he left me last October; he behaved as a very honest just man; they went from me to Mrs. Wheeler's; he worked upon the roads, and kept constant to his labour, and came home at his hours; one morning he lay in bed very late, he said it was a rainy morning, and said he should not go out till breakfast time; he told me he had been detected as a sheep-stealer when he came home; that a man said he saw him in the morning between six and seven, and he was not out of my house that morning till between seven and eight; h e left my house on the Friday following.

Charles M'Cay. I live in White Hart-court, Long-lane, near Smithfield; I have known him two years, he has a very honest character; I lay in Baxter's kitchen three or four nights; on Tuesday the 6th of October I think it was, I came down stairs and asked him how he did about 7 o'clock; he said very well; he said he was going up to Hampstead to fetch some tools away; I saw no more of him till night, then he said to me, what do you think, (he was pretty much in liquor) said he, there was a fellow at Highgate said I was a sheep-stealer.

Q. Did he tell you how he got away from the man?

M'Cay. He said a fellow workman came up and said, that man was more like a sheep-stealer than he, and that he had been branded in the hand in this court.

Thomas Turner . I have known him seven years, he had always a good character; I am a farmer in Hertfordshire, he married my sister; I brought him up sat from Hertfordshire on Saturday in Bartholomew week, there were about two or three-and-twenty pounds of it.

William Baxter . I am a house-keeper at No 8, White Hart-court, Long-lane; I am a clog-maker, he was a lodger in my house twelve months; he behaved like an honest man, I never heard he was accused of sheep-stealing.

- Mills. I was foreman to Mr. English; the prisoner worked under me between thirteen and fourteen months, in that time he behaved well; he was gone from me two or three months before I heard of his being charged with sheep-stealing.

Q. to E. Wheeler. How did he behave when he lodged with you?

E. Wheeler. He did not behave like an honest man; Baxter and his wife used to come there and stay till one or two in the morning, and eat pork and mutton, and what they could get; the first I saw of this was a carcase of a sheep lying on the floor one morning; I asked the prisoner's wife how it came there; she came to my room and said, for God's sake, never mention it; I saw two lambs at a time there; they melted sat till they set the chimney on fire, there were forced to be two engines to put it out, or I had been burnt down; I desired them to go out of my house, and they would not, till at last they went away in a clandestine manner, and did not pay me; since that I have had some money; Baxter said to me here I shall not go home alive.

Q. Who heard him say so?

E. Wheeler. Mr. Clayton did.

Clayton. Mrs. Wheeler was standing talking to me, Baxter shook his head at her and said, you wicked woman, you never will go alive home, them were his words; Mrs. Wheeler has been at my house, and given me information against the prisoner, and told me there were things brought in at unseasonable hours when the prisoner lodged there; she has desired me to go and search, saying there was a carcase in the house, but one thing or other hindered my going; we have watched about the house to see if any thing was brought in; I see since it was a great fault that I did not go and search.

Guilty 10 d. T .

Baxter was committed, till he got security to be bound with himself for his peaceable behaviour to Elizabeth Wheeler .

632. (M.) Richard Lynnard was indicted for stealing a striped silk and cotton waistcoat, value 4 s. a striped linen waistcoat, value 2 s. a pair of leather breeches, value 2 s. and a pair of worsted breeches, value 2 s. the property of John Dawson , Oct. 1 . ++

John Dawson . I am a salesman in Monmouth-street, the prisoner was my servant , he had taken a waistcoat of mine on a Saturday, and a neighbour of mine saw him with it on on the Sunday, and he told me of it; I challenged him with it, he owned it; then I challenged him with taking other things, he acknowledged he had, and they were found again by his information, at a pawnbroker's, three waistcoats and two pair of breeches.

Jacob Lawrence . The prisoner pledged with me a waistcoat and two pair of breeches (produced and deposed to.)

William Thomas . The prisoner pledged a waistcoat with me the 12th of September, for 2 s. 6 d. in his own name (produced and deposed to.)

Prisoner's defence.

At the time I took these things I was in great distress, people used to be coming after me for money that I owed; I did not take them away with intent to deprive my master of them.

Guilty . T .

633. (L.) John Read was indicted for breaking and entering the dwelling-house of Peter Leay on the 13th of September , about two in the night, and stealing ten beaver hats, value 5 s. the property of the said Peter. +

John Sapwell . Peter Leay is a hatter , and lives in Smithfield , I have worked for him some time. On the 14th of September we found one of the bars of the window was bent and taken out, and the shutter taken down, and a pane of glass broke, and the hats taken out of the window, ten or eleven of them; the shop is part of the dwelling-house.

Thomas Miller . I live with Mr. Leay, he is very ill and cannot attend; our shop was broke the 13th of September, either late at night or early next morning; we left the house safe when we went to bed at eleven, and in the morning we found the front iron was wreached, and the shutter was taken down, and ten hats taken out; I was going into Whitechapel, I thought I would make Duke's-place in my way, to see if any Jews were hawking them about; I saw some hats in Lyon's shop; I went in under a pretence of buying a boy's hat; I saw one lying, I laid hold of it, he would not let me have it; I snatched it out of his hand, and in about ten minutes time I found six, there is part of my own work upon them; I know them to be Mr. Leay's property, they stand him in 3 l. 5 s.

Hyam Isaac. I am an old clothes man; I bought six hats of the prisoner last Wednesday five weeks for 30 s.

Sarah Hyam Isaac. I am wife to the last witness; the prisoner came with six hats, my husband bought them of nine for 30 s. I saw the money paid, and sold them again to Mr. Lyon for 36 s. after that my husband was pawn prison about them; after that the prisoner came one morning with some cotton to sell; I told him my husband was not at home, but desired him to stay; I went and got my husband out, and he secured the prisoner.

Abraham Levi . Isaac and I live both in one yard; the prisoner had sold a bunle to Isaac, and Isaac not having money enough to pay him, he asked me to lend him some, but I had not enough, and was just going out; I did not see what was in the bundle; this was Wednesday was five weeks about eight in the morning.

Prisoner's defence.

I know nothing of the hats, I am a waterman and lighterman.

He called James Grove, Thomas Ogleby , Sarah Wood , and Sarah Duncomb , who give him the character of an honest civil man.

Guilty of stealing only . T .

634. (L.) Edward Cox was indicted for stealing a pair of silver shoe-buckles, value 10 s. the property of William Seaman , Oct. 10 . +

William Seaman . I am boot-catcher at the Swan with Two Necks, Lad-lane . On the 9th of October I lost a pair of silver buckles from out of my room, they were found in the prisoner's pocket.

Samuel Todd . I am a barber, the prisoner is my apprentice ; there is a passage leads out of my shop into the Swan with Two Necks yard; the boot-catcher having lost a pair of silver buckles, challenged the prisoner with them; I searched him, and found them in his pocket, (produced and deposed to,) I have nothing to say in his praise.

Prisoner's defence.

It is the first crime I ever did, and I never will do the like again.

Guilty . T .

635. (L.) William Lawrence was indicted for stealing a silk handkerchief, value 10 d. the property of Charles Godfrey , Oct. 6 . +

Charles Godfrey . Last Sunday I had been into Little Britain; coming home betwixt eight and nine at night, the prisoner and another boy followed me twenty yards; I felt my handkerchief going out of my pocket, I saw the prisoner give it to the other boy behind him, who ran off across the street; I secured the prisoner; he denied touching my handkerchief; he was searched, and two handkerchiefs were found about his neck and two in his breeches.

Prisoner's defence.

I am but fourteen years of age, my father is a weaver, and I am a draw-boy .

Guilty . T .

636. (L.) John Roe was indicted for stealing a looking-glass, value 15 s. the property of Stephen Wright , Sept. 22 . +

Stephen Wright . I live at the King's Head in the Poultry . On the 22d of September, about seven in the evening, a gentleman came and asked me if I had lost a pier-glass, he had seen some boys with one, and thought they went out of the passage; we went out, but could not find them: soon after I heard there was a boy gone to the Compter; I missed a glass which was not fastened with a screw, but hung up in a room.

Charles Sinclare . On the 22d of September before eight o'clock at night, I saw the prisoner with two other boys in Cannon-street, he had a pier-glass, I thought they had stole it; Samuel Horsey went and asked him how he came by it; he threw it down and broke the glass to pieces; I took hold of him and delivered him to a constable, and he was committed to the Compter.

Samuel Horsey gave the same evidence as Sinclare did.

Richard Howard . I was servant at the King's Head, (the frame of the glass produced in court,) I know this to be Mr. Wright's property.

Prisoner's defence.

I was coming along Cannon-street, I heard the cry stop thief, and a gentleman laid hold of me, and took me away to the Compter; I go about the streets with greens with a jack-ass.

Guilty . T .

637. (L.) Richard Hardy was indicted for stealing a linen handkerchief, value 10 d. the property of Matthew Alder , Oct. 7 . +

Matthew Alder . On the 7th of October I was going along Leadenhall-street , about half an hour after ten at night; I felt the boy at the bar take my handkerchief from my pocket, I saw him throw it away; I took him directly to the Poultry Compter.

Prisoner's defence.

He licked me and used me very ill; I never did such a thing in my life, I am but 13 years old.

Guilty . T .

638. (L.) William Polin was indicted for stealing a silk handkerchief, value 10 d. the property of Samuel Gist , Sept. 12 . +

Samuel Gist . On Sunday the 12th of September, about four in the afternoon, going along Leaden-hall-street , the prisoner shoved against me; I turned round and saw he had got my handkerchief; I took him in custody, a constable happened to be by; he had put the handkerchief in his breeches, part of it hung out (produced and deposed to.)

The prisoner said nothing in his defence.

Guilty . T .

639. (L.) Edward Williams was indicted for returning from transportation before the expiration of his time . +

The record of his trial and conviction was read in court, in which it appeared he was tried at the Old Bailey in June Sessions 1767, with Thomas Peak , for a burglary in the dwelling-house of Anne Slate , widow, in Angel-alley, Bishopsgate street, and stealing a quantity of wearing apparel; that he was found guilty and received sentence of death, and afterwards in July Sessions 1767, he received his Majesty's pardon on condition of being transported for the term of fourteen years.

James Brebrook . I was at the taking the prisoner and Thomas Peak ; they were both tried here last June Sessions was twelve months for two burglaries, one in an alley in Bishopsgate-street, the other in Goodman's-fields; Williams was found guilty of both, I did not see him receive sentence; I knew him some time before by seeing him at Saltpetre-bank; I was after two house-breakers that were cast last Sessions; we had been out all night, coming into Goswell-street, there was the prisoner and another Edward Williams together, (that was he who was evidence against the two house-breakers, see No 502, 503, in last Sessions Paper;) Murray, who was one with us, brings the prisoner up and said, this is one of them he believed; I said I was very sorry to see him, he is one that was cast for life last year, and after that transported for 14 years; he was then in the hands of Smith, Pointer, and Murray.

William Cogswell . I prosecuted the prisoner and Thomas Peak last June Sessions was twelve months here, for breaking my mother Anne Slate's house, and stealing divers things my property; I never saw him after he was tried till last night, but I know him to be the same, he was tried by the name of Edward Williams .

James Murray . On the 17th of July as we were out after some people that broke a house at Islington, a watchman said, come along, here is one of them; I and two others with me went and took the prisoner in Compton-street, there were three or four more skulking about with him, this was between three and four in the morning; there were two other William's taken the same morning, they are brothers; I knew nothing of this prisoner till Brebrook told me he had returned from transportation.

Brian Borrow . I was servant to Mr. Akerman between two and three years, but am now a servant at New Prison; I remember the prisoner's face, he was tried here, but I can't say I saw him receive sentence.

Nathaniel Hill Streeton. I am a turnkey to Mr. Akerman; I know the prisoner very well, he was under sentence of death in Newgate, I cannot say as to the time; I know he was in the cell under sentence; I had a subpoena delivered me, or I had not given evidence.

Prisoner's defence.

It is of no signification for me to say any thing, when they swear as they do; I am a sailor, and served his Majesty 14 years, my name is Edward Williamson ; I left the ship in Jamaica, and came home about seven months ago to Bristol.

Guilty . Death .

640. (M.) John M'Cloud was indicted for the wilful murder of John Stoddart ; he stood charged also on the coroner's inquest for the said murder, Sept. 3 . ++

At the request of the prisoner the evidences were examined separate.

Miles Oddey . I live at the King's Arms, between St. John's street and Islington; on the 3d of September, a little before twelve at night, I was going down to the watch-house; near the turnpike I heard the cry of murder, I turned back again to the turnpike, I heard the blows and sticks go; I asked the turnpike man to go into the fields with me; he said he could not go off his duty; then I returned to the watch-house at Clerkenwell-green, they had heard the cry there; after that I went to Bridewell near one o'clock, there was Mr. Stoddart, the keeper, very much bruised, he had been stabbed and ill used; he was in his own house within the gate, very bloody, lying on his back on a pillow or bed; his clothes were taken off all but his shirt, he had his right-hand over his left-side on a wound; as soon as I could come near him, I asked him how he came to be in that condition; he said he was coming down from the New River Head , and two men came to me and demanded my money; and he answered, gentlemen, I beg you will not attempt to rob me, for I will not be robbed; then they sell to blows, he and they together, and they were too hard for him, and got him down, but if his stick had not failed him ( which was a sham cane) he believed he should have managed them; he said he had got one of their coats off, which he believed they had not time to take away, and told me whereabouts this was in the field; we went six of us, three the upper way, and three the lower, I was of the last; they that went the upper way got upon the spot, and had picked up a couple of wigs; in looking about I found a coat with metal buttons, it will be produced here; we found an old silk handkerchief about two or three yards from it; then we went Bagnigge Wells way, and from thence to Smithfield, to see if we could find the persons, it happened to be Bartholomew-fair time; we had an account there, that a man was seen running without hat, wig, or coat; we went to Black-boy-alley, Chick-lane, and the night-house by the water-side, but could not meet with any body that we suspected; we left a man belonging to Bridewell on the spot all night, who found the chain of Mr. Stoddart's watch; the watch was safe in Mr. Stoddart's pocket.

Robert Gays . I am a brewer's servant; I was coming home by the King of Prossia near Sadler's Wells on Sunday morning the 4th of September, about ten minutes after twelve o'clock; a person said, there is murder called in the fields, he asked me to go into the field with him; I agreed to it; we went down off the bank, there the deceased lay about a yard from the rails, with his head on the ground on his face, he could not speak at first; I said, where do you come from; he said, Lord have mercy on me; he could not answer me where he came from some time; at last he said, I came but out of Clerkenwell Bridewell, let me go home; we led him home, and when I knocked at the gate they said, who is the officer, thinking we had brought a prisoner; then one l ooked at him, and said, it is my master; they fetched a bed, and laid him on the floor; Mr. Hart, a surgeon, was fetched; his thumb and left hand were bloody, and he had a cut across his eye; I told the people I could find the place where we found him, within half a yard; Mr. Langley, Mr. Welbank, I, and others, went to the place, there we found a hat and two wigs; then I went home to bed.

William Langley . I was servant to the deceased; betwixt twelve and one, between the Saturday night and Sunday the 4th of September, my master was brought home by two or three men and a woman; I found him sitting on a bench in the yard, he said, I am a dead man, Langley; he said, two rascals stopped me in the first field, and said to him, d - n your eyes, your money or life; one of the villains sought fair, and the other cut him with a knife or cutlace; that he overpowered one of them, and got him down, and the other villain came and stabbed him under the breast; we took him up into the parlour, and set him in a chair, and called his sister; I went and called Mr. Hart the surgeon, he came and dressed him about one o'clock; when he was lying in bed, I found a wound on his left-side, an inch or an inch and a half long; his hands were very bloody, he had a cut across the top of his forehead; he said he tore one of the rascals coats off in the fields; we went several of us up into the field, there we found a hat, two wigs, a coat, and two or three pieces of a black silk handkerchief; I staid on the spot; just after day-light I observed a milkman pick up something; he went four or five yards, and put down his things, and came back again to look; I went to him, and said, have you lost any thing; he said, no, but I have found a silver button, he gave it me; I said, go over with me into the field, I will show you where my master was stabbed and the blood; there we found my master's watch-chain and a clasp-knife all bloody, within about two yards of it; I can swear to the chain by the seal, I know it well; I went to see the prisoner in Tothil-fields Bridewell the Friday after he was taken; he said he and Simpson stopped my master with intent to rob him, and that Simpson was the man that stabbed and cut him.

Q. from prisoner. Was there not a promise made me if I would confess?

Langley. Mr. Nicholls, the minister of Clerkenwell, said to him, if he would confess it might be a means of saving his life, if the other was taken; that was by making him an evidence.

Thomas Barrow produced a violet coloured coat, with plain white metal buttons, two wigs, a hat, a piece of a handkerchief, and a clasp knife with a sharp point, bloody, the things found in the field.

Thomas Johnson . I know this coat to belong to the prisoner; I have known him upwards of five years, he was an apprentice in Islington to a glazier; I have seen him wear this coat several times the last time was three or four days before this happened; he had used to wear a dark one curled wig, and a round hat; one of the wigs I look upon to belong to him.

Q. What are you?

Johnson. I am a coach-harness-maker; I was sent for to the public-house where the coat was hanging up, and asked if I knew it; I said it belonged to Jack the glazier, I did not know then of its being found in the field.

Isabella Obrian . I live at the house of Mrs. Hall in Purpool-lane, I have known the prisoner about eight months; this coat, handkerchief, and one of the wigs belong to him; there has been an intimacy between me and him about six months; the night this happened, he came home to me between eleven and twelve, I was in bed, I had no light; the next morning he said he had been at Bartholomew-fair, and been fighting, and had lost his coat; I found he came home without coat, shirt, or wig; the other wig and hat were Simpson's, they both used to come backwards and forwards to me frequently; I have known Simpson as long as I have M'Cloud.

Court. Is not this unhappy affair enough to deter you from the course of life you are in; in all likelihood this happened through your extravagance; it ought to be a warning to you to take to a more honest course of life; this may be a terror to your mind as long as you live.

Swan Dowlan. I served my time with the prisoner's brother, I have been acquainted with him about two years; this knife is mine, I lent it to Tim Simpson the barber, and I believe this hat to be Tim's hat; I think the prisoner at the bar wore this coat, it is like the colour.

John Manning . I live at the Red Lion, Islington; that Sunday morning a gentleman came up stairs to me when I was in bed, and told me Stoddart had been robbed and murdered; as soon as I saw the coat I knew it; I have seen the prisoner with it on six or seven times, not less, it may be many more.

Nathaniel Hart . I am a surgeon, I was called in to Mr. Stoddart on the 4th of September, about one in the morning; I found several wounds about him, but the greatest injury seemed to be on his left-side; he had a great difficulty in fetching his breath, and he spit some blood, there was a cut about an inch and a half long on his side; I dressed him, and after a few days he appeared to get rather better; on Tuesday the 13th in the morning I found him much worse, he complained of a great fulness in his stomach, and of a greater difficulty of breathing; he continued growing worse and worse, till the day he died, which was the 18th; I opened the body, and found the left cavity of the thorax near full of an extravasated fluid, which was the cause of his death; I saw him in health about an hour before he went out that evening; that wound had not past very far on his side, his death could not have been from that; he said he had been beat and trod upon by two footpads that used him very ill, it must be the bruises that occasioned his death; I desired him at first not to talk, as it would be injurious to him; but when he began to get a little better he gave a particular account, and frequently repeated to me that he was stopped at the end of a lane by Islington Spaw by two fellows, who demanded his money or life; that he said, you rascals, I hope you shall have neither; that he had them down several times in the lane, and in the ditch, and they endeavoured to get away from him, and he ran after them, and got one by the coat, which the man slipped off; then he took hold of him, and tore his shirt off, and left him naked, but being faint by the loss of blood, he could not stand it any longer, and they got away from him; one ran away, and he had the other in a ditch, and the other came back again and cut him, he thought with a cutlace; he said, sometimes he was down, and at other times they were; he said he remembered receiving a blow on his side, which he thought was by a stick, which I think occasioned that extravasated fluid, which deprived the left lobe of the lungs from receiving any air, which hindered it by way of suffocation; I saw a cut in his coat where the wound on his side was, he mentioned being beat by both of them.

William Davis . I live in Wood's-close, I went along with two or three of my acquaintances to the prisoner to Tothil-fields Bridewell; I asked him if I might ask him any questions; he said, yes; I said, I heard there was a woman in company, was it so; he said, no, there was no woman in company; they went out with intent to rob, and Simpson attacked Mr. Stoddart first, and he came up when they were scuffling, and all of them went down together, and he fell with his two knees on the deceased's breast; he said they had an intent to rob, but not to murder; I went out of mere curiosity, not thinking I should be called upon to come here; it had been talked that they had a woman in company, and the deceased insisted upon having her from them.

James Elmore . I went last Thursday was a fortnight or three weeks to the prisoner, and asked him what was become of Tim Simpson ; he said he left him about a fortnight ago at his brother's at Brentford; I asked him whether he stopped Mr. Stoddart to rob him; he said, yes, he and Tim Simpson did, and that he did not know where Simpson was; they had agreed to part.

Prisoner's defence.

The day that this misfortune happened, Tim Simpson and I went into Bartholomew-fair, and then I went up to Islington, in order to go to a friend's house that I expected was gone to Waltham-cross; I returned by the King of Prussia, and met Simpson again; we came by the river side, and stopped at the London Spaw to make water; he went forward, and when I came up I found Tim Simpson and the man on the ground; I took hold of the man's arm, and said, what is the matter; he struck me with a stick, and knocked me down, I got up, and he knocked me down again; I put my hand upon the rail, and jumped over he followed me, and said, you dog, I will have your life; he got hold of my coat, and pulled it off, then I made off, and went to my lodging.

He called John Waters , a tin-plate-worker at Islington, Thomas Denney , a smith, Matthew Blunt , a barber, David Williams , John Steward , Anne Askins , Robert Tittle , William Barrow , David Williams , Nicholas Wilson , Mr. Goring, and Mrs. Chandler, who gave an account be was well brought up, and had behaved exceeding well till lately.

Guilty . Death .

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

641. (L.) Gad Shepherd was indicted for conspiring, with two other persons to the jury unknown, to cheat and defraud Thomas Wise of nine guineas, and two 10 l. bank notes , Aug. 8, 1767 . ++

Thomas Wise . I live at Redburn in Hertfordshire; I came to town the 8th of August, 1767, on purpose to take a draft of 30 l. of Mr. Green of Thames street; I went there, and was told he would not be at home within two hours; I went on London bridge to pass some time away, while I was standing there the prisoner came to me, I never saw him in my life before; he said, how do you do brother farmer; I said, I was very well; he asked me if the water-works were not some mill, and said he was a stranger in London, that he kept a farm at Bristol of 80 or 90 l. a year of his own, and that he was come to London to take about 70 or 80 l. and was disappointed, and had not taken it at present; I told him I came to receive a bill of 30 l. but the gentleman was not at home; after some time I wished him a good night, saying, I must go home; he said, we being brother farmers must drink together; we went into an alehouse just going up the hill, and had sixpennyworth of rum and water; I said I must go, I went out; he said he was going my way; I walked to the Change, still he followed me; I had told him I was to go to the gentleman in two hours time for the money; he told me he would take me to where was a pot of good porter, then we went to the Coach and Horses in Bishopsgate-street; I went to sit down in a box, he said, no, we had better go into another room; we went into a private room, in about two or three minutes in came two men, one of them shammed very fuddled, and said, d - n it, I have been tossing up with some butchers boys, and lost 5 l. and said, d - n it, he ha not cared if it had been an hundred; they did not seem to be acquainted at first with the prisoner, but they soon got to be acquainted; the prisoner asked him how he lost it; he said in toffing, and that he could guess three times out of four; said the prisoner, d - n it, I will lay you a shilling you do not; he and the darken man pretended to toss for a shilling, the prisoner tossed up, and the other was to guess; the prisoner won; then the other said he would give him a toss for 40 or 50 l. the prisoner asked me if I had any money about me; I said, no, nothing but that note I was to get change for; come, said he, I will go with you to the gentleman; he went down with me, the gentleman was not at home that time; we came back again, and staid some time; then I and one of the other men went down, and then the gentleman paid me, I think nine guineas and a half, and six pence, and two 10 l. bank notes; we came up to them again, then there happened to be two strange gentlemen come into the room; then the prisoner said, it will not do here, there was a bustle among them; they paid the reckoning, and went out and I with them; when in the street the prisoner said to me, come along farmer, we must drink together; they went to the Nag's Head Tavern in Leadenhall-street , then one of the other men began the conversation again; the prisoner asked me if I would toss up with that man; I said, I would not, I was no gambler; upon which he said, farmer, if you will lay your money down upon the table, you shall have it again, for I am sure of winning; as soon as I had laid my money and notes down, they began to hide under a hat; upon which the third man desired me to go out of the room with him, saying, he wanted to speak with me; when I got out into the street, he said he was going to receive some money; I began to think of having left my money with two strangers; when I went in again, the men, my money, and two 10 l. notes were gone; upon this I went to Sir John Fielding , and gave him an account of it.

Prisoner's defence.

I was just come from Devonshire; when we were in that house we were at play, he and I won a shilling; then he took one of the parties to go with him to get change for a draft, he went out to Leadenhall street, there we played; I was to go 10 l. he 10 l. and the other man 10 l. I had no connection with the other men, I know nothing of them, I lost my money as well as he; after the first 10 l. was lost, he played for the two notes.

Prosecutor. There is not a word of truth in what he has said.

He called William Stewart , a taylor in Jewin-street, with whom he had lodged three months, who said he understood the prisoner was a biscuit-baker, but could say nothing as to his character.

Guilty . Im.

[Provide sureties for good behaviour. See summary.]

[Fine. See summary.]

642. (L.) Margaret, wife of William Flanady , was indicted for wilful and corrupt perjury, on a trial before Lord Chief Justice Wilmott, upon an issue depending in the court of Common. Pleas at Guildhall , between George Davis , Gent. plaintiff, and Thomas Hanway , Esq; and others, defendants , July 2 . ++

The witnesses were examined apart.

The record of the trial produced by James Collins .

Nathaniel Jennes . I am clerk to Commissioner Hanway. I was at the trial in the court of Common Pleas, between George Davis and Commissioner Hanway on the 2d of July last at Guild-hall, before Lord Chief Justice Wilmott; I remember the prisoner being sworn, and giving her evidence; she there swore she saw George Davis with handcuffs on his hands, and at the same time pointed to him; that she saw handcuffs on his hands in the gateway at Chatham yard, and that he was carried from the gateway to the Justices handcuffed, and that she saw him with handcuffs on in the Justice's parlour, the Justices were Mr. Fletcher and Mr. Wildash; that it was in Mr. Fletcher's house, she said she knew one, but not the other; that a rope was put about his neck, and she saw it about his neck in the Justice's parlour; being asked, she said they were all Justices, that there were twelve of them; the Justices were pointed to her in court, she knew one out not the other, I think was Mr. Wildash that she did know; she said was on the 30th of April, 1766; I saw him in the gateway, I never saw him handcuffed, nor with a rope about his neck.

William Painter . I was present on the 2d of July when the cause was tried in Guildhall; the prisoner positively said George Davis had handcuffs on his hands, but I do not recollect she said where he was at the time, but she said she saw a rope about his neck in the Justice's parlour before the Justices, and that it was on the 30th of April, 1766; the names of the two Justices were Mr. Fletcher and Mr. Wildash; I saw him and Eleanor Mahony in custody, and heard them examined in the Pay-office; he was not handcuffed, neither had he a rope about his neck; I am a clerk to the Commissioners of the Navy, I am sent down there to calculate seamen's wages; I saw George Davis in the Justice's parlour, he had neither handcuffs on his hands, not a rope about his neck, if there had been either I must have seen them.

James Malpass . I am a clerk to the Treasurers of the Navy; I was at Guildhall on the trial between George Davis and Commissioner Hanway; I remember the prisoner being examined as a witness; she swore George Davis was handcuffed in the Commissioner's office, and from thence he was carried to the gateway in the yard, and from thence to the Justices, handcuffed, and that he had a rope put about his neck in the Justice's room; and that the Commissioner took hold of the rope and said, this is the way you will go; I heard the Commissioner order him to be taken into custody, it was on the 30th of April, 1766; he was not handcuffed, I have been told there is no such thing in the yard; I saw him go out of the office, he was not handcuffed then; I was there when he came into the office and went out again, he had no handcuffs on the time I saw him, neither can I believe it would have been suffered to be done; I did not see him after he went out of the office.

Barber Fennel . My business is to attend the Pay-office at Chatham; I was present at the trial at Guildhall, betwixt George Davis and Commissioner Hanway; I heard the prisoner examined on that trial; she said that George Davis had handcuffs on his hands pointing to him, and he had a rope about his neck before the Justices in the Justice's parlour, and that he had handcuffs on before he came to the Justices; this was at Chatham, in April 1766. I saw George Davis before the two Justices in the Justice's parlour at that time, he had no handcuffs on him at any time there, he had no rope about his neck; I should have seen them if he had; I never heard of handcuffs or a rope, till I was in the court in Guildhall at that trial.

Mr. Fletcher. I am a Justice of the peace for the county of Kent; I was subpoened to attend the trial at Guildhall last July, on a cause between George Davis and Commissioner Hanway; I remember the prisoner there; part of her evidence struck me much; she swore she saw George Davis before the Justices, and in the Justice's parlour, with handcuffs on his hands and a rope about his neck, to make him confess; so far from that being true, there were no handcuffs on when he came to the house; I went out of the gateway to receive Mr. Hanway, who is a gentleman of rank; I asked him who was the prisoner; he told me it was young Davis; there were no handcuffs on him then; there were no handcuffs on him in my parlour, neither was any rope put about his neck; after he was discharged he thanked the Commissioner, and thanked the constable, and thanked us all for the civility he had received; Mr. Wildash happened to dine with me that day, neither handcuffs nor a rope were mentioned, and I am sure I ought to be struck out of the commission of the peace if ever I suffered it, we have no such thing as a handcuff to be got.

Mr. Wildash. I am the other Magistrate that examined George Davis ; I was at Guildhall on the trial on the 2d of July; I remember the woman at the bar being sworn, and giving her evidence; she there swore George Davis had handcuffs on, and a rope put about his neck; that he had handcuffs either in or at the Justice's on the 30th of April, 1766; he had no rope put about his neck, nor no handcuffs on his hands while before us; I was there the whole time of examination; I was there when he was dismissed out of custody at the Commissioner's office; I never heard a word of handcuffs or a rope till in Guildhall on that trial.

Michael Pank . I was a constable at the time George Davis was examined before Commissioner Hanway; he was delivered into my custody from the Commissioner's office; I went with him to the gateway, I saw no handcuffs on him, I had no handcuffs, I never saw any in the dock-yard; I carried him from the gateway to the Justices, he had no handcuffs on then; I was not in the parlour, I was at the door, he had no handcuffs on then; I saw no rope about his neck, he had no handcuffs on when delivered into my custody; he behaved with a great deal of good order, there was no reason to use him ill; had he been my own brother I could not have used him better. On the 3d of May when he had his enlargement, he said to the Justices, I wish you a good night, and I thank you for your civility; I said to him, I wish you a good night and well home; said he, Mr. Pank, if you ever come to London I shall be very glad to see you for your civility, and left me a note where I should come to him.

Thomas Tomlin . I was at the trial at Guildhall on the 2d of July, I heard the woman at the bar say that young Davis had handcuffs on under the gateway; that he was conveyed away from thence to the Justices handcuffed, and he had a halter put about his neck in the Justice's house, and appeared so in the parlour with a rope about his neck; I was in court all the time of the trial.

For the prisoner.

George Davis . My father got leave from St. Paul's school to send me down to settle with one Mahony; I went there with her and Mrs. Flanady; I went to Mr. Way's, he was not at home, he was in the dock-yard, he was a publican; he is a trumped up Justice and an usurer. that deals in seamen's affairs, and extorting of money; first I saw Nathaniel Jennes , he bid us sit down till the Commissioner came in; he took a piece of paper and wrote down what we must say; the woman said the money was about 60 l. I cannot tell the sum; Hanway sent for me, we went in; he sent out Jennes for two constables to take us; I said, Sir, I wonder I should be charged for nothing; said Hanway, you are guilty of this felony. and I'll swear before the Justice you are guilty; said I, it is not a capital offence; yes, it is, said he, and by G - d I'll hang you all three; he took me into a room, and ordered a pair of handcuffs to be put upon my hands, and said, d - n him, screw him down, screw him down, Hanway and Way were by; then they put a rope about my neck to make me confess, this was in the office, he will then own it, said Hanway.

Q. What were the handcuffs made of?

Davis. They are iron or steel; they were put about my wrists, and they cut me as bad as a knife; he bullied us and threatened us, and told us what he would do, and that he never failed hanging; the woman, old Mrs. Mahony, came and begged and prayed, and said, do not abuse the young man, and said he knows nothing of the things, I am sure he is innocent; said he, he is not innocent, I'll hang him by G - d; he did send for a rope in the office, and it was put about my neck to make me confess to a forgery; I was taken from that office to under the dock gate, and there I was put up stairs, and the two women below; they were on me all the time I was in that place; they took them off at Thomas Fletcher 's door; the rope was on me about five or ten minutes, they pulled that off before I went out of the office; they pulled down my coat sleeves and bullied me, and said, let them see his ruffles, here is a lawyer has got ruffles, and made game at me; he pretended to be a constable, and what he was not entitled to.

Q. How long did you stay in the office?

Davis. I staid there the best part of an hour; after we had been seven hours in custody, from eleven in the forenoon till six at night, exposed to a great mob of people, the handcuffs were taken off before I went in at the Justice's.

On his cross examination he said Mahony could not speak English, that Flanady went as an interpreter for her; that Mr. Hanway was a second jack-catch, he believed he was equal to him; that be ordered the handcuffs to be screwed hard; that Pank the constable was by at the time; that he complained the handcuffs cut him; that they were put on in the Pay-office; that the handcuffs and rope were both on him together; that the rope was taken off in the Pay-office; that Mahony heard him complain, and said the young man is innocent of the thing, if any body was faulty it was herself, that he heard her say so to Mr. Hanway; that he was in custody from Wednesday at eleven o'clock till the Saturday at eleven; that Mr. Way shewed the people his handcuffs upon his hands, and the gibbet of two men hanging; that he called them ruffles, and exposed him to a great number of people; that a vast number saw his handcuffs; that they put him to extreme torture; that Mr. Best a Justice of the Peace observed them; that they put him in a dirty place, not sit for a chimney-sweeper to be put in; that one of the Justices observed his hands to be dirty and bloody, he thinks it was Mr. Fletcher; that his handcuffs were plain to be seem by any body that was in the Justice's parlour; that he told the Justices he had been handcuffed the first time of coming in; that he was three or four times in before the Justices; being asked if the people observed his handcuffs, he said he supposed the people would not see, because they had a mind to favour Mr. Hanway; that he would suborn them; that he complained but once, because the Justices snubbed him; being asked which Justice, he said Mr. Fletcher; that Mr. Fletcher and Mr. Wildash both said it was no letter than be deserved, that was his being handcuffed; that he never returned Mr. Hanway thanks, nor the constable; that he never invited him to come to see him in London; that the rope was squeezed hard, ready to hang him; and that he could not tell who was the man that put the rope on him.

Eleanor Mahony could speak nothing but Irish, an interpreter was sworn. Her evidence as follows.

Eleanor Mahony . I remember when George Davis was in the office at Chatham; I saw things screwed on his hands, it was a sort of an iron; after that he was separated from me, and I did not see them upon him after that; I can't say any thing more about it.

Q. Do you recollect any thing about a rope?

E. Mahony. I can't recollect any circumstance about a rope; Flanady requested a spotted handkerchief to put between the young man's hands and the iron.

Q. Did you see the man that put them on his hands?

E. Mahony. No; I saw them on about ten o'clock in the day, I stood close to him.

Q. Did you understand Commissioner Hanway when he said he would put ruffles on him?

E. Mahony. I did, that was meaning the irons.

Q. Did you understand him though he spoke it in English?

E. Mahony. I did; I let myself down on my knees, and asked pardon for the young man.

Q. Was you in the room all the time young Davis was there?

E. Mahony. I was.

Q. Were there many people in the office?

E. Mahony. There were a great many, so that I could not very well see him sometimes, the people were all round us.

Mary Elliot . I remember the time that George Davis was at Commissioner Hanway's, I then lived servant at the Salt-water Bath at Chatham; I remember seeing him come out of the dock; I saw his handcuffs on him, upon my oath I saw his hands dirty and bloody; they were carrying him to the Justice's, I was standing at my master's door.

Q. Are you sure of it?

M. Elliot. I am perfectly sure of it.

Cross examination.

Q. What time of the day was this?

M. Elliot. I cannot tell.

Q. How long had you lived there?

M. Elliot. Almost three years.

Q. Is that in the way from the yard to Mr. Fletcher's to go by the Salt-water Bath?

M. Elliot. I mean that is the way to Mr. Best's; I saw him go past, and I followed him; he was going up Chatham-street, he had his handcuffs on and a mob about him.

Q. Did you know him before?

M. Elliot. No, but I saw him in London since; I met him as I happened to go through Clement's-inn and stopped him, and asked him how he did, and if he was not the person that I saw with handcuffs on at Chatham. *

Q. When was this?

M. Elliot. This was about six months after that.

Q. Did you speak to him when you saw him at Chatham?

M. Elliot. I did, but whether he heard me or not I cannot say; I pitied him, and said I was sorry the poor man should be drawn along so.

Q. Have you kept up an acquaintance since you saw him in London?

M. Elliot. I have; I have since gone to visit his papa.

Q. Where did you live when you met him in London?

M. Elliot. I lived with Capt. Wood in Goodman's-fields.

Q. How far was he from the dock-gate when you saw him first?

M. Elliot. Not so far as a quarter of a mile.

Q. Where did you meet him in London?

M. Elliot. He was standing at his father's door, and asked me to come in.

Q. How long have you been come from Chatham?

M. Elliot. About a year and a half, or not so much.

Q. Where did you come to when you came to London?

M. Elliot. I went to Epping first; I staid there about three or four months; the first place after that was at Capt. Wood's.

Q. How long after you came to Capt. Wood's before you met with this young man?

M. Elliot. I do not think it was quite two months.

Q. What is Mr. Best?

M. Elliot. He is a Justice of the Peace.

Anne Hughes . I was down in the country last April was two years in Chatham.

Q. Where do you live?

A. Hughes. I live in Lumber-court; I heard a lawyer's son out of London had handcuffs on; I saw him, and saw handcuffs upon him.

Q. Upon your oath did you?

A. Hughes. Upon my oath I did; he was coming out of the yard at Chatham, the mob was gathered, and I came out among the mob.

Q. What day was this?

A. Hughes. I don't remember the day.

Q. What time of the day?

A. Hughes. I don't know.

Q. Was it early in the morning?

A. Hughes. It was in the afternoon.

Q. How many days might you stay at Chatham after this?

A. Hughes. Never a day at all; I came up to London and sold my things as I came along.

Q. How came you to find it out that it was this young man?

A. Hughes. Because he was coming thro' Lumber-court, and I took notice of him by the cast of his eye.

Q. How long is that ago?

A. Hughes. That was half a year ago; I was in the court and knew him directly; there was a woman along with him, it was the prisoner at the bar; it was she subpoened me, that is Mr. Davis did.

Q. Had you ever had any conversation with the prisoner about this affair before you was subpoened?

A. Hughes. No, not till I was subpoened.

Q. How came they to know where to find you out?

A. Hughes. Because I knew them, and I said, this is the young man that was handcuffed at Chatham; I am certain that was all that passed between me and him till I was subpoened.

Q. How do you know it was two years ago last April?

A. Hughes. Because that was the time I was there.

Q. What was your business at Chatham?

A. Hughes. I sell laces and garters.

Q. By what do you know you was at Chatham at that time?

A. Hughes. I can't swear to the week nor to the month, but I know it was two years ago last April.

Q. Are you sure it was not September?

A. Hughes. I am not very certain whether it was April or September.

Q. Are you sure whether it was summer or winter?

A. Hughes. I am sure it was in the month of April.

Q. Was it summer or winter?

A. Hughes. It was April that comes after the month of May.

Q. Where is Lumber-court?

A. Hughes. It is by the Seven Dials in West-street.

Q. Did the young man that had the handcuffs on say any thing to you about April?

A. Hughes. No, but I knew it was April.

Q. Was you examined at Guildhall?

A. Hughes. I never was at no hall in my life.

Sarah Minet . I saw young Davis at Chatham in the dock-yard, there was a crowd; I had been drinking a pint of beer at the Globe alehouse with Mrs. Hughes.

Q. When was this?

S. Minet. It is about two years ago; I went out of curiosity to see what was the matter; I saw him with handcuffs on him, upon my oath I did, in the dock-yard; I saw no more; I endeavoured to get out of the croud as soon as I could; Mrs. Hughes brought me into the country with laces and garters.

Q. Where do you live?

S. Minet. I live in Smart's-buildings in Holbourn; I used to go with her with laces and garters.

Q. How often have you gone down there?

S. Minet. I never was there before.

Q. What time was this?

S. Minet. I believe it was in May or April, I don't know which; I know it was in the beginning of summer.

Q. What month is the present?

S. Minet. It is October I believe.

Q. Was Mrs. Hughes in the dock-yard with you at the time?

S. Minet. She was.

Q. Did you ever see that young man before?

S. Minet. No, never in my life.

Q. When did you see him next?

S. Minet. Mrs. Hughes was drinking a pint of beer at the Black Dog in St. Giles's; she came to me and said, do you remember the young fellow you saw at Chatham that was handcuffed.

Q. When did she mention this to you?

S. Minet. This was yesterday morning; said she, should you know him again; I sai d, yes, for he had a cast in his eye; she brings him down, I said indeed that is the young fellow; I said, Sir, did I ever see you at Chatham; said he, if you are a person that saw me at Chatham, I am glad to see you, and he made me drink out of his pint pot; then he took me to another house, and made me take a shilling and this paper, and said no more to me; I was to appear in regard to seeing him handcuffed; he asked me no particulars at all, only to speak the truth.

Q. How long had Mrs. Hughes and you been at Chatham before you saw this young man?

S. Minet. Not many days, perhaps three or four.

Q. How soon after you had seen him did you make for London?

S. Minet. We made our way for London that day, to the best of my knowledge; I can't recollect the particulars of every thing.

Anne Carey . I was going along, and I went into that place where Margaret Flanady was tried; she said Mr. Davis had handcuffs on him coming out of some gentleman's yard, and she said the old woman was put into a fort of a centry-box, and Mr. Davis in a place above her head; I heard her say something about a parlour, but what it was I do not know.

Patrick Reading . I heard what the prisoner swore, she swore the man was handcuffed in Mr. Hanway's house at Chatham, and they were separated and put in a hole, Davis in a top hole, and she could not see him after that; and when they went to the Justice's house, she could not tell whether the handcuffs were on him as he was going along or no.

Q. Do you remember her talking about a rope being upon him?

Reading. I cannot charge my memory with that.

Q. to Mr. Fletcher. Did you observe Davis's hands to be bloody?

Mr. Fletcher. They were not bloody; I used him with as great good manners as I could any gentleman; there was not a word mentioned of handcuffs; I treated him with all the lenity a person in his circumstances could be treated with.

Q. to Mr. Wildash. Did you observe his hands to be bloody?

Mr. Wildash. His hands were not bloody at all.

Q. Did he complain about his hands being hurt by handcuffs?

Mr. Wildash. There is not a word of it true, I never heard a word of handcuffs till upon that trial at Guildhall.

Q. to Mr. Fletcher. Is the way to Mr. Best's at all in the way from the dock to your house?

Mr. Fletcher No, I live out of the town; it is not at all in the way to my house from the dock-yard to go by the Salt-water Bath; to go by Salt-water Bath is no more in the way than from here Westminster is in the way to Aldgate.

Q. Whether this young man was ever carried the Salt-water Bath way to your house?

Mr. Fletcher. No, he was not, he was carried from my house to Brompton.

Q. to Pank. After the examination at Mr. Fletcher's house, where was the prisoner carried to?

Pank. He was carried to Brompton.

Q. Was he ever carried from the first time of being taken up by Salt-water Bath?

Pank. No, he never was.

Guilty . T .

George Davis was committed to be tried for perjury.

643. (L.) Catherine Quin , otherwise Harding , widow , was indicted for wilful and corrupt perjury before Sir Sydney Stafford Smythe, Knt. in her answer to a bill filed in the Court of Exchequer , June 11 . ++

Mr. Lawrence produced the bill, and her answer.

Mr. Fry. I am clerk to Mr. Baron Smythe , I was present at the taking this answer, the capias is my hand-writing, and the other is Mr. Baron Smythe 's hand-writing; I believe it was sworn by me; I have no doubt but it was sworn by somebody that went by the name of Catherine Quin ; I do not know that ever I wrote a capias in my life without swearing the person; I think I remember the prisoner, but will not swear positive; I do remember a good deal of the transaction.

Edward Milbourn . I have known the defendant a great many years (he takes the answer in his hand) I really believe this her name to be her handwriting; I have done a great deal of business for her, and have seen her write many times.

Part of the bill read.

The contents to this purport:

"That Catherine Butler delivered to the said

" Catherine Quin , in the Back lane, Dublin,

"several things (as the answer will show) to put

"them in her chest, which the said Quin never

"delivered to her again, but converted them to

"her own use, without the consent of the said

" Catherine Butler ."

And another account to this purport:

"That the said Catherine Quin wrote a letter

"to 'Squire Butler in Ireland, with intent to obtain

"a considerable sum from him, under various

"schemes and pretences. "

Part of the answer read.

The contents to this purport:

"That Catherine Butler never delivered a

"snuff-box set in gold with a picture in it, several

"pearls and diamond rings, as in the bill

"mentioned to the said Catherine Quin , nor

"were ever such kind of things ever put in her

"chest; and that she never wrote a letter to

"'Squire Butler, in order to obtain any sum of

"money whatsoever, or for any schemes whatsoever."

Mary Thompson . The prisoner did live in the Hay-market, she is an upholsterer, and sold clothes to women of the town; I was in Dublin about the year 1755, I saw Mrs. Quin and Catherine Butler together, on the delivery of a box of jewels that I had in my house of Catherine Butler 's, this was at the Job in the Back-lane, Dublin; my husband was a periwig maker, Catherine Butler was my own sister, she was at that time preparing to go to England by means of Mrs. Quin; I remember it was at the time my son was at my breast, he is now between 13 and 14 years old; they had not been there above three days before I brought the trunk in a coach along with Catherine Butler ; there were a box of diamonds, a gold watch with a diamond on it, a diamond broach that had three or four and thirty diamonds on it, that she put in her handkerchief; there were twelve rings with diamonds, to the best of my recollection, and several things that I cannot recollect; I was told there were above 100 l. worth of pearls; there was a blood stone that she used to put at her back down her neck, which was very valuable; it was a little brown trunk, I brought it in a box, all the property of Catherine Butler ; Mrs. Quin was desiring her to return away from 'Squire Butler, with whom she lived, he had brought her from London there; when Mrs. Quin came there, she came to my house to enquire for my sister, and I delivered these things to Catherine Quin , by the order of Catherine Butler , Mrs. Quin was to keep them safe for her; Mrs. Quin cried and kissed her, and sell upon her neck, and said, she loved her as well as she did God Almighty; they went away together; I had pawned the rings once for 40 guineas, and I might have got forty more if I had wanted them.

Cross examination.

Q. Was your sister one of Mrs. Quin's customers?

M. Thompson. She was.

Council. Then your sister was a woman of the town, was she not?

M. Thompson. No, I do not mean that, she might have been married to 'Squire Butler had it not been for Mrs. Quin.

Council. Was your sister a woman of the town?

M. Thompson. She did live with 'Squire Butler.

Council. Was your sister a woman of the town?

M. Thompson. No, not as I know of, I am talking of her box, she has been dead seven months.

Council. Was she a common woman of the town, what is called a woman of pleasure, from time to time, to different people?

M. Thompson. She lived very honest, and died very honest; she retired from business, and would have no connection with lewd women.

Council. I will have an answer, was she a woman of the town?

M. Thompson. No, she was not, for she was a married woman.

Council. Who was her husband?

M. Thompson. She told me on her dying bed she was married to Mr. Farrel, he lives at Marybone, he did keep a bagnio in Long-acre.

Council. Was your sister reputed to be a woman of the town?

M. Thompson. She might have had a misfortune to be sure; I do not know what you mean by a woman of the town, she was unfortunate.

Council. Had not she been a woman to many scores at different times?

M. Thompson. O, my God, I think that was a false information given you, she really could not bear a thing of that kind, she could not bear to sit where a lewd woman was for years, for that reason she lived retired.

Council. Was not she sent for sometimes to a tavern to a gentleman, I will mention the Bedford Arms, and the Shakespeare under the Piazzas, for these last seven or eight years?

M. Thompson. She died at twenty-seven years of age, I saw her first and her last breath, I wish we may all die as well and as happy as she; I am a very honest woman, I will not tell a lie for the world

Council. Pray then tell me what you are?

M. Thompson. I am a midwife.

Q. Did you never live at a bagnio?

M. Thompson. I never put my foot in a bagnio but when she has been ill, I mean that bagnio where she was when she was married.

Q. Did your sister deliver these things to Mrs. Quin, in order to run away from 'Squire Butler?

M. Thompson Yes .

Q. How long had she lived with 'Squire Butler?

M. Thompson. About three years, she was but a baby, she was but about 14 years of age when she came away.

Q. Had she any fortune of her own when she came to 'Squire Butler's?

M. Thompson. No, she had nothing, she was a poor child; he bought her to make a sacrifice of her, and we put two women in Newgate for it.

Q. Then all she had was 'Squire Butler's?

M. Thompson. The jewels were her own, she bought a good many of them of Mrs. Quin.

Hannah Alexander . I came over from Ireland in company with Mrs. Quin, Mr. Harding, and Miss Butler, in the year 1755; Miss Butler sent her trunk of wearing apparel in another ship with a servant maid, I know she had some jewels, rings, a gold watch, a picture set like bracelets round it, and things that she gave to Mrs. Quin to bring to London for her; I heard Mrs. Quin say so, but whether Mrs. Quin gave her them back I cannot tell.

Q. What did you hear Mrs. Quin say about them?

H. Alexander. I heard Mrs. Quin say she would take care of them for her

Q. Where did you hear her say that?

H. Alexander. At Mr. Kennedy's at Chester, where we supped, and that she had them in her possession.

Court to Milbourn. Look at this letter.

Milbourn. (He takes it in his hand) I verily believe this to be the hand writing of Catherine Quin .

It is read in court to this purport:

"Sir,

"I understand Miss Butler received a letter from

"you, where you say you had a fall that has

"almost endangered your life, which has had

"such an effect on her, that renders her incapable

"of answering yours; she requests I should

"do it for her, and let you know that she was

"determined to go off to you, so soon as she received

"your last; for which purpose I advanced

"her 50 l. and as she intended her journey to

"you, and return immediately, she thought she

"might leave some of her debts unpaid; but the

"creditors got the alarm, and tied her in such a

"manner, by means of her friends, who feared

"they should lose her, has put it out of her power

"entirely to fly to you, as she intended; she was

"obliged to give a separate note to her creditors

"for 200 l. as her friends, as near as she can

"learn, was the cause of their being so severe

"upon her, to prevent her going to you; if you

"desire her, it is her greatest inclination to do so;

"if convenient to you so to do to settle that affair

"for her, so as she may not be detained here,

"pray favour me with a line, and you may depend

"upon her going to you; if you pay the

"money in Dublin to Mr. Smith, attorney, I

"shall advance the said sum here, so that she may

"be at liberty, and that will set her clear; she is

"so desirous of going to you to settle for life, you

"and she are the best judges; this I offer to serve,

"if agreeable; she desires you to pay no money

"for her, but upon condition of her going to you,

"which she says is her desire; Mr. Harding joins

"with service to you, from

"Your humble servant,

"C. Quin. "

The letter had no direction upon it.

Acquitted .

And John Foster , whose sentence was respited in September Sessions.

John M'Cloud was executed pursuant to his sentence on Monday the 24th of October.

Robert Paterson , James Maco , Richard Holt , Hannah Smith , and Richard Slocombe , capitally convicted in September Sessions, were executed on Wednesday the 12th of October.

Thomas Grear 's year's imprisonment being expired, he was set to the bar, (see No 581, in Sir Robert Kite 's Mayoralty,) and discharged from five indictments against him for rioting and assaulting five separate persons on Tower-hill.

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

Received sentence of Death, 8.

Edward Williams 639

John Davis 591

John Urquhart , otherwise Richards 595

Robert Singer 612

John Parsingham , otherwise Parsons 620

Patrick Hanlon 624

William Miller 625

John M'Cloud 640

Transportation for 14 years, 2.

Mary Wright 622

Mary Hopegood 616

Transportation for 7 years, 24.

Joseph Lee , otherwise Leay 601

James Thompson 605

Edward Cain , otherwise Can 606

Sarah Lane, otherwise Roberts 621

Joseph Higgins 623

John Read 633

Edward Cox 634

William Lawrence 635

John Roe 636

Richard Hardy 637

William Polin 638

Margaret Segware , otherwise Fowler 596

Brittain Robinson 598

Mary Williamson 599

James Curtis 600

John Price 608

Elizabeth Greaves 607

William Andrews 615

Margaret Gilford , otherwise Wood 617

John Antrobus 618

Roger M'Daniel 603

George Welldon 631

Richard Lynnard 632

Margaret Flanady 642

And John Foster , whose sentence was respited in September Sessions.

Whipped, 3.

George Duvalt 592

William Grimstone 614

Mary Smellar , otherwise Sinclare 602

Gad Shepherd to be imprisoned in Newgate one year, to give security for his good behaviour for two years, himself 50 l. and two sureties 40 l. each, pay a fine of 5 l. and to remain in prison till that is paid. 641

A list of the Acquitted.

Elizabeth Bowman 593

Elizabeth Crees , otherwise Creese 594

William Paine 597

William Read 604

Plymouth Jumboe 609

Henry Pullen 610

Paul Booth 611

Elizabeth Ward 613

John Metthews 619

Thomas Besford 628

Anne Thurlow 629

David Williams 630

Benjamin Jones 626

John Brown 627

Catherine Quin , otherwise Harding 643

John M'Cloud was executed pursuant to his sentence on Monday the 24th of October.

Robert Paterson , James Maco , Richard Holt , Hannah Smith , and Richard Slocombe , capitally convicted in September Sessions, were executed on Wednesday the 12th of October.

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