Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 September 2014), June 1769 (17690628).

Old Bailey Proceedings, 28th June 1769.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX; HELD AT JUSTICE-HALL in the OLD-BAILEY. On Wednesday the 28th, Thursday the 29th, Friday the 30th of JUNE, Saturday the 1st, and Monday the 3d of JULY, 1769.

In the Ninth Year of His MAJESTY's Reign. Being the Sixth SESSION in the MAYORALTY of The Right Honourable Samuel Turner , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER VI. PART I.

LONDON:

Sold by S. Bladon, at No. 28, in Pater-noster-Row.

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable SAMUEL TURNER , Esquire, Lord Mayor of the City of London; the Right Honourable Lord Chief Baron Parker *; the Honourable Mr. Justice Gould, one of his Majesty's Judges of the Court of Common Pleas +; the Honourable Mr. Justice Aston, one of his Majesty's Judges of the Court of King's Bench ||; James Eyre , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Gaol Delivery of Newgate, for the said City and County of Middlesex.

N. B. The *, +, and ||, ++, refer to the Judges before whom the Prisoners were tried, L. London, M. Middlesex Jury.

London.

William Berry ,

Thomas Jackson ,

Thomas Goff ,

Francis Spilsbury ,

William Gifford ,

Isaac Meyther ,

Humphry Jones ,

James Hammond ,

Peter Thornton ,

John Davis ,

Josiah Fowler ,

John West .

Middlesex.

John Treslove ,

James Lake,

John Groom ,

William Hundley ,

Solomon Hudson ,

Samuel Cook ,

Thomas Hasleton ,

Henry Amroyd ,

Josiah Babb ,

Thomas Wade ,

Fancis Sutton,

James Bell .

339. (L.) John Shuler was indicted for stealing a silk handkerchief, value 10 d. the property of Nicholas Nixon , June 17 . ++

Nicholas Nixon . I live in Thames-street, opposite St. Dunstan's-hill . Last Saturday seven-night in the morning, as I was standing at my door, talking to a captain of a vessel, Mr. Emes told me my pocket was picked. I felt and missed my handkerchief. He had stopped the prisoner. My handkerchief was found on the ground, about two or three yards from my door.

John Emes . I was going along Thames-street and saw the prisoner take a handkerchief out of the prosecutor's pocket. I seized him, and called to the prosecutor. The prisoner dropped the handkerchief behind him; and the prosecutor came and took it up. (Produced and deposed to by the prosecutor.) The prisoner was endeavouring to hide it under his waistcoat.

Prisoner's Defence.

It was another boy that took it. I saw him drop it. He got off, and they directly laid hold of me. I was going about my business.

Guilty . T .

340. (M.) Thomas House was indicted for stealing a brown gelding, value 5 l. the property of Thomas Bessley , June 10 . +

Thomas Bessley . I live at Hambleton in Buckinghamshire . On the 8th of June as I was going to attend the funeral of a relation in London, my son followed and overtook me, and told me Old Mouse (that is a dark brown gelding of mine) was lost from out of the field where were five others. I sent him back to enquire at the turnpikes. As I came on I overtook the prisoner on my gelding at Hounslow. The prisoner formerly had lived with me about eighteen years ago. I had forgot him till he mentioned it to me. The gelding had a halter on, but no saddle; it was both a cart and riding horse, the value about 5 l. I took the prisoner before a justice, who there begged my pardon.

Edward Bessley the Younger. I saw the gelding about seven o'clock over night at grass with five others, and he was missing about four in the morning on the eighth of this instant. My father had been set out about ten or fifteen minutes, when I rode after and told him.

Q. to Prosecutor. How far is Hambleton from Hounslow?

Prosecutor. It is about thirty miles. The horse seemed to be leg weary.

Prisoner's Defence.

I took him only to ride to London to see a friend. I was afraid of being too late. I intended to bring him back again.

Q. to Prosecutor. How did the prisoner behave while in your service?

Prosecutor. He behaved very well.

Guilty . Death .

341. (M.) Ruben Biggs was indicted for breaking and entering the dwelling-house of Mary Hubbard , widow , on the 15th of June , between the hours of twelve and one in the night, and stealing one pair of stays, value 8 s. one dimitty robe, value 12 d. one cotton robe, value 12 d. three linen handkerchiefs, value 6 d. two cotton handkerchiefs, value 12 d. six pair of linen sleeves, value 2 d. two linen aprons, value 2 s. four linen childrens frocks, value 3 s. one child's cotton gown, value 6 d. one child's dimitty cloak and shirt, value 18 d. one calamanco woman's shoe, value 6 d. and one stuff damask woman's shoe, value 6 d. the property of Mary Hubbard , widow, in the dwelling-house of the said Mary . +

Jane Rutherford . I am servant to Mrs. Hubbard, a pawnbroker in Chiswell-street . On the 15th of this instant June the watchman knocked at the door between twelve and one in the night. We got up and found a window shutter taken down, and the sash broke, and one square of glass out. The window shutter was fast at out going to bed before eleven o'clock. I could not tell what was lost out of the window till afterwards, when I saw a bag of things which were taken out of the window. The watchman told us he had taken the thief, and a bag of things, which was gone to the watch-house. About nine in the morning it was brought to our house, and in it were the things laid in the indictment, which I knew to be my mistress's property.

William Taylor . I am a watchman. On the 15th of June, between twelve and one, having been been my rounds, I hung up my lanthorn, and sat down: about five minutes after hearing some glass break, I went with my rattle, but left my lanthorn behind, towards the place: when I came within about forty yards of the White Horse I heard the glass break again; then I knew where it was. (This house had been attempted twice before, and I put them by.) By the reflection of the lamp I saw hands moving at the window, and heard glass break again. I advanced nearer, and saw hands go in and draw goods out. There were two men. I came within seven or eight yards of them: they saw me, and stood and looked at me as if they had an intent to attack me. I saw some goods hang out of the window, and some in a sack by the window. I gave a spring with my rattle, and they turned about and ran away. I pursued them both. They left all behind them. They both took one way. At last one wheeled about and went another way, but I followed the prisoner, and rattled still as I ran. He ran into a yard, formerly the manor house in Finsbury. I stopped the gate. Another watchman came immediately. I said, Stand at the gate, I know where he is. Then another came. Two of us went in: then I heard the prisoner jump down off the wall, which was ten feet high: he was got into a close place, about six or eight feet broad. I got over and took him in a vault. There was no way to get there, but by going over that wall, or through the house to which the vault belonged. We took the prisoner back over the wall, and to the watch-house. I knew the prisoner before, by seeing him about with a bad gang. He shammed as if he was asleep when I took hold of him. There were a couple of keys and a pack of cards found in that vault in the morning by the person that owns the vault. He was never out of my sight, when running, till after he got in at the gate of the yard. I found these two chissels (produced in court) about two hours after he was taken, hid in a corner near Artillery Court. We compared them to marks made in the window shutter, and found the marks were done by them.

Thomas Tatham . I am the constable. I was on duty betwixt the 15th and 16th of this instant in the watch-house, and heard the alarm given by Taylor with his rattle (it is in the same form with a child's rattle, which they swing round, only it makes a greater noise.) I ran out with two watchmen and the beadle, and made towards Mrs. Hubbard's house. I found this bag within three or four yards of her house, in the foot way, with the things that are now in it. I have had them in my custody ever since. (The goods laid in the indictment produced in court, and deposed to by Rutherford as the property of her mistress.) The watchmen were rattling as they ran to Taylor's assistance to this yard, which is about thirty or forty yards distance from Mrs. Hubbard's house, on the opposite side the way. When I came into the yard I saw Taylor, and another watchman or two. I heard Taylor say, He is gone over the wall, pointing to where a brick was fresh broke out. Taylor got over. Presently the prisoner came over, and Taylor after him. When the prisoner jumped down we secured him, and took him to the watch-house: then I went with Mr. Crowder the beadle to Mrs. Hubbard's with the bag. Her servant, which is now here, was very particular to every article.

[ Leonard Crowder the beadle gave the same account as the last evidence.]

Prisoner's Defence.

About seven or eight o'clock I went to the other end of the town to my uncle, coming home I came down Fleet-market, and went into a cook's shop, and bought some meat and a halfpenny-worth of bread; I went to a public house and eat it with a pint of beer. I staid there till about eleven o'clock, then came directly home to my mother's. I knocked at the door, and could make no-body hear. I did not know where to go to lie, searing I should be taken up as a disorderly person; then I thought it best to go over this wall and sit down in the necessary house. I did, and fell asleep. I had not been asleep long before this man came and awaked me. He laid hold of my collar, and said, you are the man that broke the window. I said, I know nothing of the matter.

Guilty . Death .

See him an evidence against Stead and Smithson, No. 156, 177, in this mayoralty. See the prosecutrix robbed before, No. 566, 567, in Mr. Alderman Kite's mayoralty.

342. (M.) John Dimmock was indicted for breaking and entering the dwelling-house of Fish Coppinger , Esq ; on the 11th of June , about the hour of two in the night, with intent the goods of the said Fish to steal , &c. ||

William Leek . I am coachman to 'Squire Coppinger, whose house is in the King's Road, facing Gray's-Inn Garden . On the 11th of June, as I was lying in bed in a lower room, I heard the sash move gently. I got up and looked, and saw a man in the area at the window. I said, So-ho! what do you want there? He had got his arm is at the window. He said, Do you, are you there? He drew back. I jumped up, and called Watch! I awoke my fellow-servant. The watch came in a little time. We went to the door just as the prisoner got out of the area: then the watchman was taking him. The shutter is an inside shutter, but it was not shut; we always leaving the middle leaf open. The sash was up about fourteen inches, and I saw his hand within side very plain.

John Parish. I am footman to 'Squire Coppinger. My fellow-servant called to me, and said there was a man coming in at the window. I got up, and went up stairs to assist the watchman, who had hold of the prisoner. We asked him his intent in coming there at that time of the night; he said there were two or three drunken men had taken his hat, and thrown it into the area, and he got over for it. I said, Why did you attempt to come in at the window? He said the window was open. The watchman said he had seen it shut; and I know it was shut when I went to bed.

William Courtly . I am a watchman. I thought I heard somebody drop down the area in the King's Road. I heard a voice call Watch! Watch! There are thieves in the house! I came and saw the prisoner in the area. I took hold of him as he was coming over the rails, and threw him flat on his back and secured him. As we were going to prison with him, I desired him to send for his friends. He said he would not trouble his friends with any such dirty action. It was about ten minutes after two when I laid hold of him. I saw the sash was shut that night.

Prisoner's Defence.

I made no resistance at all. Whether I put my hand in or not I cannot tell. I was in liquor. I only went in for my hat.

Acquitted .

343. (M.) George Kelly was indicted for stealing a mahogany tea chest, value 10 s. a Bible, value 5 s. and a small hand-bell, value 1 s. the property of William Bayley , June 12 . ||

William Bayley . I am a brazier , and live in Holborn . I was in the shop with a customer. My wife, seeing the prisoner go out at the door, said a man was gone out with something under his coat. I followed him, and when he was on the other side the street I laid hold of his collar. I saw the tea chest, and said to him, How came you by these things? Not very honestly, said he. I said, Come back. He said, I am hanged! I am hanged! I am transported! I said I will not hang you. I took him back, and up stairs into the room where he took them from. He put the chest down from under his coat, and the Bible and bell from out of his pocket. (Produced and deposed to.) They were taken from a two pair of stairs room forward, where I lie. I asked him what business he had there; he said he had no business there at all, and was very sorry, and hoped I would not hang him; and that he would down on his knees if I would pardon him. When before the justice he owned he took the things.

Prisoner's Defence.

I pick up rags and broken bottles, and black shoes. I was coming by, and he called me names. I ran in after him. Then he said I stole the things. They were not about me. I must be very impudent to take away those things at that time of the day. I have got three children in England, and one in Ireland; and I lost the use of my sight at Leghorn. If I get a drop of beer, I am not my own man.

John Kelly . I have known the prisoner twenty years, and know him to be a just, honest man. If I had a thousand pounds in money, I could trust him with it all. I am a weaver, and live in Rose and Crown Court, Whitechapel. The prisoner worked with me. He followed weaving twenty years ago. When he came from sea, his eyes were so bad he could not see to bring in his threads right. He ought to be in Greenwich College, having served in four or five men of war.

Guilty 10 d. W .

344, 345. (M.) Mary Ingram and Margaret Dyer , spinsters , were indicted for stealing a silver watch, value 4 l. a pair of silver knee-buckles, value 8 s. a pocket book, value 1 s. a paper snuff-box, value 6 d. and two half guineas , the property of Peter Ranees , June 24 . ||

Peter Ranees . I live at Aberdeen in Scotland. I manufacture silk . Last Saturday night, as I was coming along East-Smithfield for some snuff, this Mary Ingram picked me up, and wanted me to go with her to her room. This was near between nine and ten at night. There was not a soul with me, and she was alone. When I went into her room, which was in Nightingal Lane , she asked me what I would give her. I told her nothing, I would have nothing to do with her. There came in two or three more girls. She said they were her sisters. They picked my pocket: I missed my watch first: being a little in liquor I did not know what they were about. They took my silver knee-buckles out of my pocket, and my pocket-book, two pocket handkerchiefs, my paper snuff-box, and two half guineas, I think there were four of them in all. When I took hold of them to get my things again, they cried out, and there came a woman from below. She rescued them from me, and they went off.

Q. How long had you been in London?

Ranees. I had been in London but a week or two. I never found any of my things again but my snuff-box. The next morning I saw the two prisoners lying in bed with one man. I knew them to be two of the persons that took my things away. They denied it. I said if they would give me back my watch, I would say nothing at all about it; but they would not.

Richard Minit . I am a constable, and live in Nightingal Lane, East-Smithfield. The prosecutor applied to me in the morning about five o'clock, and told me he had been robbed by a parcel of girls. He went with me to shew me the place, but they were gone. An acquaintance of mine went with us, and we found the two prisoners and another woman in bed with one man, in Aldgate parish. We made them get up, and turned the clothes up; but could find nothing. Ingram wanted her pocket sadly. I had taken it up. I took out this paper snuff box. The prosecutor said that was his box ( Produced and deposed to by prosecutor.) He had before told me he had lost a paper snuff-box, with other things. In the snuff-box were three shillings and sixpence, and a quarter guinea. Ingram said she found the snuff-box on the bed, in the other room.

Ingram's Defence.

I picked the box up in the street coming home. I was sixteen years old last month.

Dyer's Defence.

I am going into fourteen years of age.

Both acquitted .

346. (M.) John Bird was indicted for stealing a pair of linen sheets, value 3 s. one linen towel, value 6 d. one linen bed-gown, value 6 d. one check linen apron, value 6 d. and one linen clothes bag, value 6 d. the property of Elizabeth Mackerness , widow ; one cloth great coat, value 5 s. and two mens hats, value 7 s. the property of Cornelius Mackerness , May 31 . +

Eliz. Mackerness. I live in Spital-Fields . On the 31st of May I lost the goods laid in the indictment (mentioning them by name.) out of my lower apartment.

James Hill. I live opposite the prosecutrix. On the 31st of May I heard her crying out, and the people said she had been robbed by a brewer's servant. She ran and I ran. I came up to the prisoner, and saw part of a coat hanging out of his apron. I seized him by the collar, and asked him what he had got there; he muttered something, I can't say what. I told him he should carry the things back, to where he had them; but in leading him back, the mob was so great, that we were forced to take him into a public-house; (there was another man with the prisoner who made off;) we sent for an officer and the prosecutrix, and she owned the things. (He mentioned the things as laid in the indictment.)

James Hughes , who pursued the prisoner along with Hill, gave the same account.

Mr. Airbottle. I am a constable. I was sent for to the Ben Johnson in Pelham-street, to take charge of the prisoner and things. I found four pick lock keys in his pocket. (Produced in Court. he goods produced also in Court, and deposed to by the respective owners.)

Eleanor Horsey . On the 31st of May, about half an hour after eight, as I was standing at my own door, I saw the prisoner come out of Mrs. Mackerness's house, with some clothes in his apron. I told Mrs. Mackerness of it. She ran home. and found her door open; then he was pursued and taken.

Prisoner's Defence.

I am a brick-maker . I went to Limehouse to see for work, and as I was coming along I met a man who offered me sixpence to carry these clothes to Whitechapel. I put them in my apron. When I came to Spital-Fields church they asked me what I had got there; I told them nothing belonging to them. The man that I had them of had not been gone above two or three minutes. They had me into the Ben Johnson 's head, and took the things from me, and I found in a piece of rag four keys. I put them into my pocket. As soon as I was taken, the man I had them of ran away.

He called Mary Walker , and Stephen Bellier , who said they never heard any ill of him.

Guilty . T .

347. (M.) Thomas Meller , otherwise Brooks , was indicted for committing a rape on the body of Mary Warnett , spinster , June 23 . ||

The witnesses were examined apart.

Mary Warnett . The first time I ever saw the prisoner was on Thursday the 23d of June. Mary Curtain desired I would go along with her to my Lord Mayor, in order to get a warrant, as she had lost a gown; but we could not have a hearing then. There was a young woman there, who said she had an acquaintance in trouble in the Compter. She asked me if I should like to see the Compter. I told her I had never seen such a place, and should like to see it. Mary Curtain and I went along with her; when we came there, we saw this man at the bar, and one Litchfield. The young woman that took us there asked us if we would have any thing to eat or drink, and said if we would get any thing, she would pay for it. We staid about half an hour; when we came down stairs the prisoner followed us, and asked us to go to a public house to drink. I said I had rather not, I rather chose to go home. We went to the corner of Honey-lane market to a public-house; presently Litchfield came in. After that they both insisted on our going to some gardens. We told them we had rather go home, and desired they would not detain us. I told them my nearest way was down Cheapside; they told us the nearest way was through Newgate-market. When we came out, I requested they would let us go home. The prisoner begged I would not make myself uneasy, we should be at home by six o'clock; that he would go and have some tea, and we should go home directly after. I told the other young woman, that it was so far from our house, I would go home with her, and turned, thinking to get away, then they lugged me back and brought us away, and said we should go along with them. When we had gone a great way, we came into a road. I said I did not know where I was, and insisted on going no farther. The prisoner told us we were only going down this road; he brought us to a public-house, the sign of the Bull's head; this was when it was about dusk; there they said they intended to go a little farther, saying they could not have tea there. We insisted on going no farther, and that we would go home. Then the prisoner said we should go in there and have something; then he dragged me in, and called for a bottle of cyder. All the while we staid there I begged and intreated to go home. I was very uneasy. The prisoner insisted that we should not go. A man that was in the house said he would join company with us, saying he lived just by. They brought us into a little room. The prisoner said he could not drink cyder, he called for some beer; there were us four, and that other man. We staid a great while in the room. I insisted upon his letting us go; but he would not; he insisted I should drink, and I drank but a little of the cyder. I said I was very uneasy, and got upon the table to jump off to get out of the room; he dragged me down, and insisted that I should not stir, for he would see me home. When they came to pay, the prisoner came to me and asked me if I had any money, saying he had not money to pay the reckoning. I said I had none. Then he said he could not go, and if I would give him any he would go directly. I gave him eighteen-pence and two-pence, thinking to get away. He said that would not do, he must have a shilling more. I told him I had no more; then he said he could not go, he must stay longer. He said the reckoning came to three or four shillings. I told him I knew how much it came to, and if it came to more I must borrow it of Mary Curtain . He said it did not signify, for he knew it came to more. Mary Curtain gave me a shilling, thinking to get away from them, not knowing I had given a shilling before. He called for the reckoning. It came to nineteen-pence half-penny.

Q. How much money did you give him in the whole?

M. Warnett. I gave him two shillings and eight-pence.

Q. Did he not return the rest of the money after he had paid the reckoning?

Warnett. No, he did not. We proceeded out of the house, us four; the other man that joined us in the public-house did not go with us; there was a woman and two girls stood at the door as we came out, we asked them which was the nearest way to town; they told us, if we would go with them, they would put us in the nearest way. The prisoner dragged me away, and said we should not go with them, we should go with, him, and he would shew us the nearest way; he then dragged me down the road, and in the road he threw me in a ditch. I screamed out murder. I got out again, and he pulled me down in it again, and jumped down himself, and some how or other he got me out again. I went to scream out; he said if I did, he would cut my throat from ear to ear, or stab me. He dragged me along after that, and got me into a field. I said, Pray let me go home, for God's sake let me go home. He said, God d - n you, you b - h, can't you hold your tongue? If you will not, I'll cut your throat. He dragged me a great way up the field. I cried and screamed, and said, For God's sake let me go home, and when I come to London I'll go any where with you, thinking to get away; he dragged and forced me along. When we came a good way up the field, he asked Litchfield whether he would go any farther; he answered no, he would not; then the prisoner took and threw me down on some hay. I cried out, For God's sake only let me go. For God's sake take my life. Do any thing in the world with me, only let me go home. He d - d me for a b - h, and said if I spoke a word he would cut my throat.

Q. What did he do to you?

Warnett. He put what he had into my body.

Q. Did he do it by force?

Warnett. He did. I cried and screamed, and strove as much as I could that he should not.

Q. What do you mean by the words what he had?

Warnett. I mean his private parts.

Q. Did you feel any thing come from him?

Warnett. With the horror and fright I was in. I do not know whether I felt any thing come from him or no, I swear it was against my will and consent.

Q. What time of the evening was this?

Warnett. It was duskish. I do not know. After that he put his hand up my body. I cried and screamed, and said, O! for God's sake dont. He put his fingers in my body, and said if I did not hold my tongue he would cut my throat. He asked me whether I ever f - t. I told him I did not know what he meant by it. He said if I did not know what he meant, he would make me know before he left me. Then he put his private parts into me again. I cried and screamed, and begged him for God's sake to let me go.

Q. Are you sure you did not feel something come from him?

Warnett. I believe I felt something come from him then; but I was in such horror, I thought he would have killed me; with the fright, I am not certain. Litchfield called to him and asked him whether he had done with me. He said no; but he would lay in the field all night. I begged he would go home. He said he would not. He staid a long time.

Q. Did he do any thing to you after the second time?

Warnett. Yes, he put his fingers up my body again. Litchfield called to him, and begged of him to come away. He said he would not. I begged he would let me go, and told him he knew I was an honest girl. He said, D - n his blood, he knew I was: for I had never known a man before, and he did not know what to do with me hardly. Litchfield came to him and begged he would come away. He said he would not. Litchfield took hold of him, and dragged him from off me. Litchfield bid me get up and come away: he had the other girl with him. With my fright I did get up; but hardly knew how. I begged of Litchfield to let me lay hold of his coat: my hat and cap were off, and Litchfield bid me put them on: they hung behind me. He bid me come along, and he said he would shew me the right way to London. The prisoner followed us. Mary Curtain was along with me. We went around another field. Litchfield led me, and it brought us to some houses. I took it for a barn. I thought it was needless to call out to them houses, for I saw no body in them. They were new houses just doing up. When we got a little farther, I heard a coach go along; it past me in great speed: the prisoner was behind a hedge, but he came up to Litchfield and said, D - n your eyes, why did not you stop the coach? Now we might have got a good booty, and you have let it go. Did you ever see such a d - d fellow in your life! Litchfield said he did not think of it. We came on a little farther. I thought I saw a light (it was dark then). I saw a woman come to light some gentlemen out of a house. I was afraid to run to them, till I thought I could get up to them, fearing they should drag me away again. When I came so near that I imagined I could make my escape, I ran up to one of them, and laid hold of him; his name is Ham; he is here. Mary Curtain ran up to another gentleman. I begged him for God's sake to let me speak to him, saying, I wanted to speak to him sadly.

Q. Did you know him before?

Warnett. I had never seen him in my life before. He asked me what was the matter. Mary Curtain asked which was the way to town. All the gentlemen said they were going to town, and if we liked to walk with them, we were welcome. I begged to speak to Mr. Ham first. He went into the public-house, and I followed him in: I kept hold of him all the time Mary Curtain went in. Mr. Ham and the other said they thought it was only men and their wives quarrelling, and said we must come in and drink, and make it up. The prisoner followed us in. I told Mr. Ham how I had been used by the prisoner. The others, Mr. Wooden and Mr. Thodey, were there also. I told them the same as I have here. The prisoner said I was a vile woman, that I had lived with him seven months, and that he had kept me seven months. The gentlemen said if it was so, they had no farther business to trouble themselves about it. I told them he was a vile man, and informed them who I was, and where I lived; that I came out of place but on Tuesday morning last; that I knew nothing of him, and had never seen him till that afternoon. Curtain said the same, and that she had not known the man till that afternoon. Mr. Ham said he would take it into consideration, and if we would charge them, and the woman of the house would send for a constable, they would secure them. Then the prisoner and Litchfield wanted to go away. A carpenter and another gentleman stood at the door to prevent their making their escape. The constable came in. I charged the prisoner. He told the constable I had lived with him fourteen months; but that gained no credit. When they heard he differed in his story, they all thought he was in the wrong. Then the prisoner said he had a wife, and she was a little jealous of him, and he kept me private, because she should not know any thing of it. They were both taken into custody. The constable said, the prisoner must have his hands tied, he having made a resistance. He was very obstropulous. He said he was never tied in his life, they might take hold of him, and he would go with them; but if they would tie him, they must do it by force. They were obliged to lay him down all along on the floor to tie him. They were both taken to the watch house, and on the morning following, which was this day week, carried before Sir Robert Darling . I there charged the prisoner in the same manner I do now. I was taken into another room, to be examined by a midwife. As we were going along, before we came to the hay, Mary Curtain ran away, in order to escape. The prisoner said, Run after the b - h, and catch her. She was dragged along in the same manner as I was.

Q. From the Bull-Head to the hay did you meet any body?

Warnett. No, nobody at all.

Q. What distance might that be?

Warnett. I do not know. It may be a quarter of a mile.

Cross Examination.

Q. Did you know the meaning of his telling you the nearest way would be to go down Newgate market?

Warnett. No.

Q. What place in this Bull-Head at?

Warnett. I do not know.

Q. Were not the prisoner and you very familiar in the Compter?

Warnett. No, I believe he did not kiss me once there.

Q. Were any body in the field where the hay was besides you four?

Warnett. No, not that where they used us so ill.

Q. Did you make all the resistance you could when he threw you down on the hay?

Warnett. I did. I begged and intreated him to let me go, and cried out murder, and he stopt my mouth with his hand.

Q. After his throwing up your petticoats, how long was it before he got into your body?

Q. I don't know.

Q. A minute?

Warnett. Above a minute

Q. Two minutes?

Warnett. I believe it was above two minutes. I was struggling to get up, that he should not lie with me. I did all I could, and screamed out, and kept my legs together as long as ever I could.

Q. What was Mary Curtain doing at the time?

Warnett. The other man was laying with her at the same time. My spirits were so far gone, that I was forced to resign to him.

Q. Did you make resistance the second time?

Warnett. I did; but not so long as the first. My strength was quite spent. I was quite gone. I was afraid they would murder me. They had a dog, and I was afraid he would set the dog upon us to kill us.

Q. What place was it where you saw Mr. Ham and the other gentlemen?

Warnett. That was the Nag's Head. They told us it was leading to Hackney. We had come a good way before we came to that house.

Q. Where is your home?

Warnett. My home is on Saffron-hill, at Mrs. Winter's, in Blue-Court. I lodged there after I came out of place.

Q. Was there not a promise to return your money again?

Warnett. No, there was not.

Q. Where did you live in service last.

Warnett. I came out of place from Mr. Alexander's in Shoe-maker Row. He is a Custom-house broker.

Mary Curtain . The first time I saw the prisoner was last Thursday was week. We were at the Mansion-house: we walked from thence to Wood-street Compter. There I saw Litchfield and the prisoner. From thence we went to a public-house in Honey-lane market, and had some beer. The prisoner begged of us to go there, and Litchfield came in after us. Then she was for going home to tea; the men said we should go to some gardens to drink tea along with them. We told them we had rather go home; but they insisted upon it we should go with them. Then we went all down Bishopsgate-street, and never stopt till we came to the public-house in the road. In going along, Mary Warnett turned down a lane, and the prisoner dragged her back. I really do not know whereabouts that lane is. The prisoner took hold of her arm, and Litchfield laid hold of mine; they bid us not be uneasy, for we should be at home by six o'clock to drink tea. I aid that I did not like to take hold of a man's arm I did not know. We were carried to the Bull's Head, a public house; they wanted us to go a little farther, but we would not. They wanted us to go in there; we were not for that; but rather than go further, we went in just to drink, not thinking to stay. We went into a room. They called for a bottle of cyder; there was a gentleman joined our company there; he continued there till we came away. He told us he used the house, and that he lived just by.

Q. How long might you stay at that house?

Curtain. I fancy we might stay there about an hour, or an hour and a half. The prisoner sung, and that other man came in, and begged of him to sing. He sung a good many songs. We both got up, and immediately insisted upon going, and they said we should not, they would go presently, and would see us safe home. I rung the bell for the waiter to come and take the reckoning. The prisoner sent him away, and said he did not want to go; he would have another pot of beer. I said, You may have as many pots of beer as you will; but we will go. The gentleman said he should sing another song. Warnett paid the reckoning. She got upon the table to come away, and the prisoner pulled her off the table.

Q. Did she pay the reckoning?

Curtain. She gave the prisoner the money to pay. He asked her for money to pay; she said she had none. Then he said he had none, and he must leave his coat to pay the reckoning.

Q. Did you pay any part of the money?

Curtain. No, she gave me money to pay. When we went out of the house, a woman and two girls were standing at the door: we asked her the way to London, she told us she was going to London, and she would shew us. The men told us that was not the way, they were going right, and they would shew us: they took us quite the wrong way. They took us into a road we knew nothing of. We said that was not the road we came. We begged they would take us to the right road. When we got down a lane, the prisoner dragged Mary Warnett into a ditch. She cried out murder. When I saw that, I ran away and cried murder. Litchfield followed me a good way down the road, and brought me back. The prisoner pulled her out of the ditch, and I saw him throw her in again the second time, and he pulled her out again a second time; after that they swore if we did not go along with them into the field, they would cut our throats. We all four went into the field, but they dragged us there.

Q. Did you see the prisoner do any thing to Mary Warnett ?

Curtain. He dragged her. She seemed to make all the resistance she could, and so did I; but it grew so dark I could hardly see. I saw him throw her down in the field. She called out to me, and said, Molly, for God's sake! there is a man in the field. I said there is no man. They said if we made the least noise they would cut our throats from ear to ear.

Q. When was it she said she saw a man in the field?

Curtain. That was before she was thrown down.

Q. How near was you to her when she was thrown down?

Curtain. [She described it by pointing to a place about three or four yards distance ] The prisoner called to Litchfield, and said, Blast you! you have carried them far enough. Litchfield said, Yes. Then they dragged us to the hay, and threw us down upon it. I saw him throw her down before Litchfield and I got up to them.

Q. How long was he upon the hay with her?

Curtain. I think it was an hour and a quarter. I and Litchfield were on the hay on the other side at the same time. After Litchfield had done what he pleased with me, he called out to the prisoner, Will you go? The prisoner called to him, and said, Blast her! have you not f - d her yet? The other said, No. After some time Litchfield said, Now will you go? The prisoner said. No, blast your eyes, I will not. After Litchfield had done what he pleased with me, he went and hauled the prisoner off Mary Warnett , and begged of him to go. I was then upon my legs; but Mary Warnett was lying down, and he upon her. Litchfield threw him quite off. She got up, and begged she might lay hold of Litchfield's coat: he said she might; and bid her put on her cap; which she did; and we went away, and left the prisoner lying down in the field. We did not meet with any body till we got into the road but a gentleman's coach. The prisoner, who was following us, stooped down under a hedge: after the coach was gone by, the prisoner said to Litchfield, Blast your eyes! why did you not stop that coach? Now we might have had fifteen or sixteen guineas. Litchfield said, I did not think about it. We walked a great way before we could see any body, for the value of a quarter of an hour, till we came to the road; then Molly Warnett told me she saw a light: I bade her hold her tongue, for we should see somebody presently: just as I spoke the word, a gentlewoman was lighting some people out of a house. We ran to them as soon as we could, but was afraid to speak to them too soon, fearing they should prevent our making our escape. The gentleman that I ran to is named Thodey. I begged of him, for God's sake, to take care of me! Molly Warnett ran to Mr. Ham: we went into the house, and the prisoner and Litchfield followed us in. The gentleman said he supposed we were man and wife, and he would have no concern with it. That was to intice them into the house. We told the gentlemen the same story we have now. She told them, the prisoner had lain with her by force: and I said I had been served so too. The prisoner said to her, You vile creature! Have you not lived with me these seven months, you vile wretch? He said his wife was jealous of her, and on that account he kept her in secret. We were before the justice the next day, and I told him the same. I and Mary Warnett were both examinby a midwife.

Cross-Examination.

Q. What o'clock was it when you came out of that house at Hummerton, the Bull-Head?

Curtain. I do not know. It might be half an hour, after eight.

Q. Where did you dine?

Curtain. At Woodstreet Compter. When we went in, the young woman asked us if we would have anything; we were strangers to her. Mary Warnett asked if we could have any thing brought in there: a man said he could get us any thing.

Q. What time might it be when you got to the ditch that she was in?

Curtain. It must be almost nine.

Q. How old were the children that were with the woman at the public house door?

Curtain. One seemed to be about nine years old, and the other not so big.

Q. Did you resist, when they dragged you along?

Curtain. We stopped two or three times, but they pulled us along.

Q. Did you go by any stiles?

Curtain. Yes, one. I stooped under it. I do not know whether Warnett went over or under it.

Q. What did she mean by saying there was a man in the field?

Curtain. She called out to me, in order to have that man to assist us; but I saw no man. I said, There is no man, what shall we do!

Q. How far was you from her when she was upon the hay?

Curtain. She was on the same hay that I was. She then called out, For God Almighty's sake, let me get up! let me go home! I was on the other side the hay-cock.

Q. Did she speak that aloud?

Curtain. She did; a great deal louder than I do now. She cried out all the time she was upon the hay, and he bid her hold her tongue, or he would cut her throat.

Q. Could you see her lying?

Curtain. I could; it was a little cock of hay, such as haymakers make in the field.

Q. How long have you been out of place?

Curtain. I have been out of place three weeks.

Q. Where did you live last?

Curtain. At Mr. Ryland's, a copper-plate printer in the Old Bailey.

Q. Were not Litchfield and you very familiar at the Bull-Head?

Curtain. Litchfield never kissed my lips there; neither did I see the prisoner kiss Mary Warnett there. I had been acquainted with her not very long. I knew her father and mother, they lived at Camberwell, where I lived.

Q. How came you to go to the Mansion-house?

Curtain. I lent a woman a gown, and she pawned it, and I went there for a warrant; and I went to the house on Saffron Hill, where Mary Warnett lodged, and asked her to go with me.

Robert Ham . I Mr. Wooden, and Mr. Thoadey, were coming from Hackney that night. When we came into the road, about ten o'clock at night, these girls flew to us for protection. We at first thought it was a wrangle among themselves, and did not care to interfere. We told them they might walk by the side of us to town. Mary Warnett laid hold of me, and begged of me to let her speak to me. She said they had been used extremely ill. We took them into a public house: the prisoner and other men followed us in. The girls complained they had been used in a very gross manner, that they had been ravished, and kept in the field a great while. Warnett seemed to be in a very great fright. The men desired we would not mind what they said, and told us they were a couple of impudent strumpets. The prisoner said he had kept a lodging for Warnett seven months in Purpool-lane, Gray's-inn-lane. The girls laid open their case in a more plainer manner than they had before. Warnett said she never saw the men before that day, and she left her place the Tuesday before. We thought proper to secure the men. The woman of the house sent for an officer. When he came, they wanted to make their way out of the house; but we prevented them. The prisoner said he would be led along; but he would not be tied, unless it was done by force. One of the gentlemen that was with me threw him down, and the officer tied him. Then they took Litchfield and we tied him, and tied them both together. While the prisoner was down, he said he would be revenged if ever he got loose. We ordered the two girls to be kept in the watch-house that night, and carried the men to New Prison. We attended them to Sir Robert Darling the next day. The girls told the same story before him as they have here.

Cross Examination.

Q. Did you come out of that house where you took the girls in?

Ham. We were crossing the field about four or five yards from the house. The path comes up just by the house.

John Wooden . I was in company with Mr. Ham, coming from Hackney last Thursday was sevennight, when, just against the Nag's Head in Hackney road, there were the two young women and two men. We were crossing the road very near the public-house. The girls slew to us and asked the way for Holborn. We said we were going to town. The girls desired we would protect them, saying these two men had used them very ill, and threatened their lives. We went into the public-house. They told their story before the landlord and landlady. The landlady advised to send for a constable. We sent for one. He came.

Q. What did the girls tell you had been done to them?

Wooden. The women told us that they had used them very barbarously, and that they had lain with them by force, and threatened to murder them. They desired we would secure the men and not let them go: they were greatly afraid the men should get away. They appeared in great confusion, and cried very much. Warnett cried the most. We thought proper to secure the men. The prisoner said he would not be tied, unless we did it by force. I believe he offered to strike. He was seized by Mr. Thodey, who got him down, and we tied his hands, and then tied the other man and him together. The prisoner behaved very desperate. He said he had taken a lodging for Warnett in Purpool-lane, where she had lived seven months. He called her a cruel jade for saying he used her ill. She said she came out of place but the Tuesday before from Mr. Alexander's in Shoe-maker-row.

Cross Examination.

Q. Did the girls make up to you immediately?

Wooden. By what I could see they made up to us as soon as they could see us.

Q. Did their clothes appear rumpled and in disorder?

Wooden. Mary Warnett 's seemed to be very much rumpled. We asked the girls how they came to be out with these young men. They told us they fell into their company promiscuously; that one of them had been to my Lord Mayor for a warrant, and the other accompanied her there, and that those two men took and kept them out till that time of the night, and would not let them go home. We thought it our duty to secure them.

William Thodey . About half an hour after ten o'clock last Thursday, at night, I was with the other evidences near the Nag's Head in Hackney road, when the two girls flew to us for protection: they first asked their way to town. We asked what part of the town they were going to. They said to Holborn. We told them we were going to town. One of them catched hold of Mr. Ham, and would not let him go. They seemed very much frighted. They said they had been badly used. We went into the Nag's Head. They told us that the prisoner and Litchfield had used them both very ill in the field. We thought at first they had been some prostitues: we could nto think otherwise; but when we came to hear how they had threatened the girls lives, and how they had used them, that they had thrown Warnett into a ditch several times, and had lain with them both, an officer was sent for, who took charge of them. I was not at the examination of the men before the justice. I am a baker by trade, and obliged to be out about my business.

Benjamin Alexander . I am an agent for merchants, and belong to the Custom-house. Warnett lived servant with me seven months. She was afflicted with fits, and my wife did not chuse to keep her any longer. She went away. After that she came and begged we would take her again, as she was better. We took her again; then she staid five months and a quarter. She quitted our service last Tuesday was a week.

Elizabeth Ham . I am a midwife. I was called upon by the Bench of Justice to examine the two girls this day week. I went into a private room. The first I examined was Mary Warnett . I talked with her a good while before I examined her. I found she had been used extremely ill. All round the thick part of her thighs, to the size of four of my fingers, were as if she had been cut with a horse-whip. She said it was with the violence of her struggling. I examined her other parts, and found her body was inflamed and torn; that is, her private parts. I observed her linen, and saw she had been used indecently. If she had not been debauched, there would not have been what I saw. I asked her her age; she said seventeen. I said, It is very odd to me a person of your age should be in this condition. She said, That was done with his fingers. He has torn me. I have examined her since, and I found that appearance on her thighs was gone. I asked if she had drank any thing that occasioned such an inflammation. I was told she drank nothing but tea and water.

Q. Did she appear to have been deflowered?

E. Ham. She did. I observed that all the back part of her thighs, from under her hams up towards the thick part of her hips, was all daubed with clay and dirt. I asked how that came. She said it was done, when he dragged her on the ground with violence.

Alexander. All the time the girl lived with me she drank nothing but tea and water.

Q. to Wooden. Did the girls appear to be in liquor?

Wooden. No, they did not; we all of us took particular notice that they were sober.

Prisoner's Defence.

When I first saw this woman in the Compter, she was drin king with another woman and a young fellow that I went to see that was in a little trouble: we came into private discourse. We agreed to go into Honey-lane market to drink a tankard of porter, afterwards they desired me to take a walk into the fields. I said I could not go conveniently. I wanted to go home about business. Litchfield paid for the

porter. We agreed to go together. We went very pleasantly together. I know nothing of the house we were at. I had no money. I said I had much rather go back again. We had five or six pots of porter and cyder, and brandy. There was a gentleman there. I sung three or four songs. I took her round the neck and kissed her as I would my wife. She was all the same as my wife, as agreeable as if she had been my wife. Going over the fields, I remember I saw a man in the hay-cock. I said, My dear, will you sit down a bit? she said, No. Going on a little farther, running and playing with the other young woman, they fell down in the hay-cock; we played with them. I lay with her; she was rather tightish. She was as agreeable to it as I was. I never threw her into any ditch, nor never was in a ditch with her, When we came up Hackney-road, we had agreed to take a room and live together. I was for going home; but they asked us to go in and drink at the Nag's-head. We drank with them in the house. I did not observe their talking to the gentlemen before they went into the house, and when they found we would not go with them, they gave charge of us. The woman was as generous and free as ever I lay with my wife in my life. I am a glazier and painter by trade.

For the Prisoner.

William Jackson . I am a slender acquaintnce of the prisoner's. I saw him on that Thursday between five and six-o'clock at the Bull-Head at Haggerstone: there was another man and the two girls with him. I was in the yard when they first came in. Then I came into the room where they were. I heard the prisoner sing. I thought it was very agreeable. He sung a good song. I took my beer and went and sat down facing him in the same box. One of the gentlewomen seemed to be found of my nosegay. I gave it her. She put me out a glass of cyder. They were very jocose together. We went into another room by ourselves to hear the ladies sing. They sang a little bit of a song, which was very agreeable. There was nothing but modesty on both sides. The girls did not appear to be there against their wills, but far from it.

Q. Did you see the prisoner kiss the young women?

Jackson. I did not. I was with them as near as I can guess about four hours. We had three pots of beer together. The girls went out into the yard, and when they came in again, they each of them took their place. I paid for three pints of beer, and I believe the prisoner paid part, and the other man the rest; but I cannot be positive of that.

Q. Did the girls pay any money?

Jackson. The girls paid no money; there was no occasion for that. I settled my reckoning and went about my business. They were up at the same time.

Q. Do you remember any thing of the girls getting on the table?

Jackson. No, there was no getting on the table; there was no fear of that; there was no attempt to go away, nor no dragging.

Q. Where did the prisoner take his money from when he paid?

Jackson. He took it out of his pocket.

Q. Did he ask the young woman to lend him any money?

Jackson. I saw nothing of that.

Cross-Examination.

Q. Where do you live?

Jackson. I live at Haggerstone.

Q. Was you acquainted with the prisoner before?

Jackson. I never saw him before.

Q. Upon your oath did not the girls press several times to go?

Jackson. They did press to go; but nobody held them.

Richard Murrel . About five o'clock, or between five and six, that afternoon, the two girls and two men were in a hay-field belonging to Mr. Bocock at Haggerstone. The prisoner was one of them. When we had made the hay-cocks up, they tumbled them about; tumbling one another on the cocks.

Q. How long might they be going cross the field?

Murrel. They might be a quarter of an hour. We called to them not to tumble the hay. I saw them go out of the field to the Bull. I went in at the Bull after that, and sat down, and had a glass of cyder. I heard the man sing.

Q. Did you hear the women sing?

Murrel. No, I did not. I staid there I believe an hour, and came away between seven and eight o'clock. One of the women went out to make water in the yard; then she came in and called the other out; then they both came in, and sat down by the men again. They were willing to sit down and abide by the men. They were as agreeable as the men were. I could not tell whether they were not man and wife. There were twenty or thirty of us in the field. If the women had a mind to get away, they had opportunity enough; there was nobody hindered them.

Simion Clifton. I live in Thames Street. I have known the prisoner three or four years. I never heard any harm of him in my life.

Cross-Examination.

Q. to Clifton. Where has he lived these last three or four years?

Clifton. That I do not know.

William Pigot . I am a journeyman breeches maker. I have known the prisoner two or three years by drinking with him. I never heard a bad character of him. I was going to Rosemary Lane with a pair of breeches, on the Thursday before last, when I saw a mob before the Mansion-house. I went in there. I saw these girls. They said to me, What are those fellows here for? I said I did not know: I suppose for a robbery. After that I went to Wood-street Compter. I was up stairs eating bread and butter. Those two girls came there. Warnett asked if any body could get them any victuals. She gave me a shilling, and I went down, and into Honey-lane market, and got some, and ordered a pot of beer up; they asked the prisoner, Litchfield, and me to eat some; they both eat and drank: then the girls went down stairs, and the prisoner and Litchfield went into the tap-room; but what they had to drink I cannot say, they proposed going to drink tea somewhere. I will not say downright the girls asked the prisoner to go to White Conduit House. Then they went to an ale-house at the corner of Honey-lane market. I went and drank with them there. They appeared very agreeable there. I went away, and did not see them go out of the ale-house.

Cross-Examination.

Q. Was you acquainted with either of the parties?

Pigot. I was a stranger to all the parties. I knew none but the prisoner.

William Burton . I am a currier and live in the Broad Way, Westminster. I have known the prisoner between two and three years. I never heard any thing ill of him. I believe he is a decent man. I know his two brothers.

- Drakefield. I live in the Strand, at the White-horse, a public-hose. I am a spatter-dash-maker and a victualler. I have known him ever since he was born. I never knew any harm of him.

Q. Does he bear a good character?

Drakefield. As to bearing a good character I cannot say. I never saw no harm by him.

Samuel Brooks . I am a currier, and live in Drury-lane. I have known him nine or ten years or more. I never heard any thing against his character. He bears that of an honest, just, and true man, to my knowledge; he has behaved honest and just to me. I never heard to the contrary by any body.

Mary Steward . I live in Westminster. I was at the Mansion-house when the young women were there. My brother was there taking his trial. They went from thence to Wood-street Compter. They asked if they could have any thing to eat. I said they could have nothing but bread and cheese; then they gave the young fellow money to go out and fetch something. I heard Mary Warnett ask the young fellow to go home with her, and she would treat him with a dish of tea.

Guilty . Death .

See him tried before for knocking a man's eye out, No. 77. in Mr. Alderman Kite's mayoralty.

348. (M.) John Litchfield was indicted for committing a rape on the body of Mary Curtain , otherwise Curtin , spinster , June 22 . ||

Mary Curtain . I went with Mary Warnett to the Mansion-house on business of my own, and from thence to the Compter; then to a public-house in Honey-lane market, and from thence to the Bull's Head; and from thence I apprehended we were going home. The prisoner and Brooks were with us. We went along a lane, where Brooks catched hold of the other young woman; then I ran from them a great way. I apprehended they were designing to do us some injury. Litchfield ran after me and brought me back by force. I cryed out, and he swore if I spoke he would kill me. He brought me into a field: I saw Warnett and Brooks before me, they were both down in a ditch when he brought me back. Litchfield said, Now, you b - h, go after the other, and d - d me. Before that he had unbuttoned his breeches in the lane, and bid me take hold of what he had. I told him I would do any thing in the world, so that he would let me go. They got out of the ditch, but Brooks threw her in again: then I had got up to them. Litchfield had then hold of me by the arm, pulling me after her. He swore if I did not go along with her, he would cut my throat. I begged of him to let me go home; he swore we should not. I said, Did we think of your using us in this manner when we were in the public house? (meaning at the Bull-head.) He dragged me a great way up the field. It was dark. I said, Could not you as well take us up half the field, as to drag us all this way?

Q. What did you mean by that?

Curtain. I was so frighted, I did not know what I said. He threw me down upon the haycock: this was a hay field where they had been making hay.

Q. What did he do when he threw you down?

Speak the truth, nobody will think ill of you for speaking the truth.

Curtain. He entered my body.

Q. How did he enter your body?

Curtain. He pulled up my petticoats, and unbuttoned his breeches, and entered my body with his private parts, against my will and consent. I cryed out, but he swore if I spoke he would cut my throat.

Q. How long after he threw you down was it before he entered your body?

Curtain. A good while. The other called to him, and asked if he had f - d me. Litchfield said No. D - n her, she never was f - d before. I cannot. He continued his attempt till I felt him in my body.

Q. Did you feel any thing come from him?

Curtain. I did. I struggled, and did all in my power to prevent him, but he kept me down, and tired me till I had no strength. After that we went away, and found assistance from the gentlemen that appeared on the other trial. We craved their assistance, and they took us into the public house.

Q. Was you examined by the midwife?

Curtain. I was. Mrs. Ham examined me.

Q. Did the prisoner attempt your body after this?

Curtain. He did. But I cannot tell rightly whether he did enter my body a second time or not, I was in such a fright.

Q. Did you tell your story to the gentlemen at the Nag's head the same as here?

Curtain. I did. And the same before the justice the next morning.

Q. Did you see Litchfield in Newgate since?

Curtain. I did. The woman where I lodge told me what a dreadful thing it was to have a man hang'd for me: she desired me to go and speak to him.

Q. Was she acquainted with him?

Curtain. She never saw him in her life. I went, his wife was there; she said she had been seeking me all the day. I stood just by the gate; she said she would be very glad if I would stay till she came out. He told his wife there is the young woman. I thought I saw him through the rails, but I did not speak to him.

Q. Did you go to the prisoner's father.

Curtain. The prisoner's wife got me to some relation, it was not his father. When she begged of me to go, I said, I will not go till my sister knows of it. They said they would give me any thing in the world if I would make it up. I said I would not without my master's consent. I did not know the consequence of it. Mr. Lennell was my master. I lived a little time with Mr. Ryland, a copper-plate printer in the Old Baily, after that.

Cross-Examination.

Q. Did you go through a hay field going to the Bull-head?

Curtain. Yes. Brooks said that was the pleasantest way.

Q. Did not the men play with you upon the hay?

Curtain. Brooks said he would kiss Mary Warnett on the hay, and he wanted to kiss me, but I got away from him. I did not tumble on the hay.

Q. Did the people call to you?

Curtain. They called to Brooks. Litchfield did not insist upon it so much.

Q. How did Litchfield behave at the Bull?

Curtain. He behaved very civilly, for he never offered to kiss my lips there.

Q. What did you mean when you said to him, Could not you as well take us up half the field as to drag us all this way?

Curtain. I thought he wanted to have his will of me, therefore I thought he might as well have his will half the way as to go so far, and I thought we should be nearer to people to hear us.

Q. Did you think of that at that time?

Curtain. I did.

Q. What time did you go into the field?

Curtain. I cannot recollect that; we were in the field an hour, or more, I dare say.

Q. How long had you been in the field before he entered you?

Curtain. He did that in less than half an hour.

Q. Had he tried to persuade you to consent?

Curtain. He said nothing to me before, but then he swore if I would not let him, he would kill me.

Q. Was he drunk or sober?

Curtain. I think he was very sober: he threw my hat by, and threw the hay about before he threw me down. I begged of him to go to the other young woman when the other fellow called; he called to Litchfield, and said, Have you done her once? Litchfield said, I have. Brooks said, Then blast your eyes, why don't you f - k her again? When he strewed the hay about, I was standing by the other young woman as she was struggling.

Q. How far was this from the road?

Curtain. This was the length of a great field.

Q. Why did you not run away?

Curtain. I was afraid, they had two dogs with them, and I was afraid they would set the dogs at me. He went to hawl Brooks off, and Brooks said, No, blast your eyes, I will stay all night. Upon that Litchfield took hold of him and hawled him off; then she begged of Litchfield to take hold of her; he set her at liberty, and Brooks lay on the ground flat on his back, and did not stir for some time. I was told that I should say I would not hurt a hair of Litchfield's head, but I never said no such thing. I said I should be very sorry a person should be hanged on my account, but if he deserved it, I could not help it.

Q. Should you have been willing to have made it up, if no harm had come to you?

Curtain. I should.

Q. Have you not declared you spent that afternoon in a very agreeable manner?

Curtain. I have declared so, only they would not let us go home.

Q. Did you not declare you had spent the afternoon with as much pleasure as ever you had in your life?

Curtain. I did. They used us very well till that happened.

Q. Have you not said the prisoner had done you no harm, unless you should prove with child?

Curtain. No. For the midwife told me I had got the foul disease, and I found myself very sore and much hurt.

Elizabeth Ham . I examined Curtain on Friday the 23d, at the justices request at the rotation. I did not find at that time that there had been any violence offered, for the situation she was in, that attends women, prevented my making observations. I examined her last Wednesday again, I did not find any appearance that gave me room to think she had received any injury. I thought she did not appear to have been used with any violence lately, but the discharge she had before might have taken off the inflammation.

Q. Upon your oath can you say whether she was a virgin or not?

E. Ham. I will not venture to say she was, or was not I thought there was something of a little venereal complaint: there was something of a running, but I cannot answer what it could be.

Q. How old do you take her to be?

E. Ham. I should imagine her to be about eighteen. Whether the appearance I observed the second time was natural or by force, I cannot say.

Robert Ham . Last Thursday was a week, I saw Curtain first by the Nag's-head in Hackney road, about the hour of ten in the evening; there were, Mr. Wooden, Mr. Thodey and Mr. Dunkin with me; the last is not here: when we were coming out of the field it was pretty dark, being a wet night, when the girls came to us and begged we would give them a protection: they said they had been cruelly used by a couple of men. Warnett catched hold of me, and Curtain made up to another. Warnett said she had something to say. We did not seem to take much notice of them: we went into the house, and the girls and the two men followed us in. The girls told us they had been ravished in the fields.

Q. Did Curtain say she had been ravished?

R. Ham. She did; that was, she said, by the prisoner at the bar. The prisoner desired me not to mind them, but said they had lived with them some time. The girls said they had never seen them before that afternoon.

Q. Did the prisoner mention he had lived with one of them?

R. Ham. He did. Brooks said he had lived with one seven months. Curtain appeared very much frighted: they both cryed very much, and begged our assistance. There were two dogs with them, one with a collar about his neck, and Mellar upon it. Brooks said the dog was his. They were about the size of a spanniel. The prisoner behaved different from the other: the other said he would not be tied. I attended the justices the next morning Curtain told the same story there as she has now, and as she told us that night.

Cross-Examination.

Q. Was Curtain as much hurt as the other?

R. Ham. Curtain acknowledged she was not so cruelly used as the other; but whether in the house, or on the road, I cannot say.

Joseph Lennell . Curtain once was my servant about four months, that is, about four months ago; she lived afterwards with Mr. Ryland. I gave her a character to Mr. Ryland.

Prisoner's Defence.

When I was pulling the hay out, she lay down as well as any girl in the world could do. I did not force her. Indeed she consented.

To his Character.

John Wright . I have known the prisoner twenty years. I live at Hyde-park corner, and am a coller maker. I work for his father. The prisoner in general has a good character, but he is apt to drink a little. His father is a cow-keeper, and rents 400 l. a year.

John Tufnail . I have known the prisoner between three and fours years. I never knew any harm of him

Samuel Ord . I live in Pig-street, Westminster, and am a plane maker. I have known him four years. I never heard any harm of him in my life. He will drink a littl e. He is a married man, and has been to about three years.

Q. Has he any children?

Ord. No.

Thomas Lang . I am a smith and live at Knight's-bridge. I have known him four or five years. I never heard any harm of him. He has a good character, for what I know.

William Forder . I am a baker and live near Oxford market. I have known him about three years, and never heard any ill of him. He was a scavenger. I used to draw bricks and scavenger for him. He kept six or seven horses and some carts.

John Minsey . I am a publican. I have known him five or six years. He used my house, and always behaved decently and well in my house. I never heard any thing amiss of him.

Peter Spurnil . I live at Hyde-park-corner. I have known him fourteen or fifteen years. He is a decent, modest, well-behaved man, as far as ever I heard.

Guilty. Death . Recommended .

349 (M.) John Pool was indicted for stealing 30 lb. weight of pieces of wax candles, value 30 s. the property of Jane Coggs , Sarah Coggs , and Thomas Crump , April 25 . +

The prosecutors manufacture their wax-chandlery business at Chelsea. The prisoner's brother was their porter. The prisoner was apprehended by Mr. Ford, a wax-chandler, in offering part of the said wax to sale at an under price. He confessed he had them of a near relation, who was in a good place, and had twelve pounds a year, and was to have his master's left-off clothes, which answered to the agreement betwixt Mr. Crump and the prisoner's brother, and that the prisoner's brother had absconded.

Acquitted .

350. (M.) William Acton was indicted for stealing a hand saw, value 12 d. and a tenant saw, value 12 d. the property of Edward Dyson . June 9 . ||

Edward Dyson . I was at work at a building at Marybone and left my two saws in the building and went to dinner. The prisoner was taken with them by the next witness.

Peter Lapthorp . The prisoner got in at a window, and as he was coming out I took him with the saws upon him.

Guilty 10 d. W .

351. (L.) Mary Lary was indicted for stealing eight dozen of linen handkerchiefs, value 40 s the property of Felix Smith , June 20 . ++

Felix Smith . I am a linen-draper , and live at Aldgate . I can only say the handkerchiefs in question, eight dozen and seven in the whole, are my property. There are my marks upon them. I was not in the shop when they were taken.

Samuel Oaks . I was called to, and told that Mr. Smith had been robbed of some handkerchiefs. I saw the prisoner look back and then run. I followed her. She dropped the handkerchiefs, and ran on. I ran and took her, and brought her back

Thomas Walker. I am apprentice to Mr. Smith. I saw the prisoner stooping down at our shop door, and likewise saw her go out. I knew she had got something, but could not tell what then. I looked, and missed the handkerchiefs out of the window. She was pursued; and she and the handkerchiefs were brought back: they are my master's property.

John Stanton . I saw the prisoner on the step of Mr. Smith's door, with some handkerchiefs under her cloak. I followed her, and saw her look back several times. She turned the corner of the Minories. My fellow-servant ran and brought her back, and I picked up the handkerchiefs.

Prisoner's Defence.

I never laid my eyes on the handkerchiefs.

Guilty . T .

352. (L.) Thomas Spicer was indicted for stealing a linen handkerchief, value 10 d. the property of William Charlton , June 24 . ++

William Charlton . I was in St. Paul's Church-yard , and Charles Jollard came and told me he saw the prisoner, pointing to him, take my handkerchief out of my pocket. I went and took him into a shop. I saw him take my handkerchief out, and throw it down. The constable took it up. He had two or three more besides mine.

Charles Jollard . I saw the chap at the bar standing at a print-shop in St. Paul's Church-yard: he put his hand into a great many gentlemen's pockets without taking any thing out. I was going on business; when I came back, there he was. I saw him take the prosecutor's handkerchief out of his pocket, and put it in his breeches. Then I went and told the prosecutor.

Prisoner's Defence.

I am as innocent as the child unborn. I am but a poor lad, and get my living by drawing beer.

Guilty . T .

353. (L.) Sarah Proctor , spinster , was indicted for stealing a silver watch, val. 3 l. and one guinea , the property of Amos Asquith , June 10 . ++

Amos Asquith . Between twelve and one in the morning, on the 10th of June, I was waiting for a man that had been with me; but leaning against a side of a house I fell asleep, near St. Dunstan's Church, Fleetstreet . I was awaked by the pulling of my watch out of my fob. The prisoner standing by me, and no body else near me, I said, Good woman, you have got my watch. She said she had not seen me. I felt in her bosom and felt a watch. I desired her to give it me, but she would not. I offered her a guinea to give it me. She snatched it out of my hand, and would not return either. Some company coming up, I saw her give the guinea to a man. I called the watch, and gave charge of the man and the prisoner, who were both carried to the watch-house. Before my Lord Mayor she denied all. The man was acquitted there. I am certain I had my watch in my pocket before I fell asleep.

John Peter Risar . I was coming along Fleet-street; between twelve and one that night; I found this watch between Shoe-lane end and Fleet-market. (Produced in Court, and deposed to by the prosecutor.) Before my Lord Mayor she owned she gave the watch to one Powe.

Prisoner's Defence.

As I was coming down Fleetstreet, the man asked me if he should come with me, and because I would not let him, he said he had lost his watch, and had me taken to the watch-house.

Guilty . T .

354. (L.) John Clarke was indicted for stealing a silk handkerchief, value 10 d. the property of Charles Barry , June 21 . ++

Charles Barry . On Wednesday evening last I was at the end of Church-street , going home to Aldgate, about a quarter after nine o'clock when I felt something in my right hand pocket. I turned round and saw my handkerchief going. I laid hold of the prisoner, who had it in his hand. He threw it from him in the dirt.

Prisoner's Defence.

As I was going along the handkerchief laid down. I did not meddle with it. He said I had got it.

Prosecutor. I hope his tender years will have some effect upon the honourable court.

He called his mother-in-law and Judith Fundy , who said they never saw an unhandsome thing by him; and that he was but thirteen years of age.

Guilty . W .

355. (L.) Sarah Belcher , spinster , was indicted for stealing a mahogany tea chest, value 2 s. three tin caristers, a silver milk-pot, one silver tea spoon, a pair of silver tea tongs, and a linen napkin , the property of William Stiles , June 16 . ++

William Stiles . I live at the corner of Bell-yard, Temple-bar . I was out when the robbery was committed. The next day I found the things mentioned advertised by Justice Fielding.

William Chipe . I was at work at the prosecutor's. The prisoner came in and asked for the maid, on the 16th of June between seven and eight o'clock in the afternoon: she went up stairs to speak to the maid, but I did not see her when she came down.

Daniel Hart . I was at work in the shop, and saw her come in; she past me, and went up stairs; she came down in about six minutes with a bundle wrapped up in a cloth. I did not know what was in it.

Henry Wright . Last Friday was sevennight, as I was going home, I went to the Two Blue Posts, and saw the prisoner there with a tea-chest by her. I asked her whose it was. She said it was nothing to me. I found a cream pot in her pocket. I carried her to Sir John Fielding's office. She was in liquor, and would give no account how she came by them. They were advertised. and Mr. Stiles came and owned them. (The chest and cream pot produced and deposed to by the prosecutor.)

Prisoner's Defence.

I was very much in liquor; but I do not know that this is the person that belongs to the things.

Guilty . T .

356. (L.) Mary Youny , spinster , otherwise Mary, wife of Henry, Robinson , was indicted for stealing two linen sheets, val. 5 s. one linen shirt, value 2 s. the property of James Deyken , and one linen shirt, value 2 s. the property of Richard Deykin , June 1 . ++

Mary Deyken . I live in Woodstreet . I saw the prisoner coming down the stairs, and asked her what she wanted. She said nothing. I asked to see what she had got, and pulled her apron down, and saw two sheets and two shirts. I called out, and said I was robbed! A constable was near. The sheets and one shirt was my husband's, and one shirt my brother's. She was very much in liquor.

Prisoner's Defence.

I know nothing of it. They were not found in my apron.

She called Sarah Bonner , Elizabeth Harper , and Edward Ward , who said she was a sober and an honest girl.

Guilty 10 d. W .

357. (L.) William Fletcher was indicted for stealing a pair of leather boots, value 20 s. the property of James Brownhill , May 16 . ++

James Brownhill . I live in Basinghall street . On Saturday morning, the 16th of May, as I was at breakfast I heard somebody in my shop; turning about I saw the prisoner with something in his hand. I went out after him, up Church-alley, into Aldermanbury. He ran. I called, Stop Thief! He was stopped; and him and my boots were brought to me. He had taken them from about three yards within the shop door, where they hung. At first he denied taking them; but, at last, he said he was very sorry, and would make me amends.

Prisoner's Defence.

I was in the shop to ask for a person, and went out again and took nothing.

Guilty . B .

358. (M.) Thomas James was indicted, together with John Chambers , Joseph Crouther , and James Davis, not in custody, for stealing eleven new bars of iron. 300 lb. weight, value 11 s. the property of persons unknown.

Acquitted .

359. (M.) Richard Francis was indicted for stealing fourteen pair of iron shoe-buckles plated with silver, value 28 s. the property of John Rutter , May 17 . ||

This appeared not to be a felonious taking, but a misapplication of the money paid him for the use of his master

Acquitted .

360. (M.) Colin Hay was indicted for stealing a cloth great coat, value 5 s. the property of Walter Feild , June 1 . ||

Walter Field . On the first of June I lost many things; but found nothing on the prisoner but a cloth great coat, which I found upon him the same day. I am a publican . He came to my house and called for a pint of beer. The coat being at the further end of the club room, my little boy said, Mind that thief! he never comes here but he robs us of something. I went out about my business. My wife can give a farther account.

Mrs. Feild. I am wife to the prosecutor. After my husband was gone out, I heard the club room door move. I ordered my little boy to go up and see what the prisoner was about. He came down and said the prisoner at the bar had stole his dada's great coat. It was too big to be hid under his coat, for the flap of it hung out. I laid hold of it. He took and threw it out at the window, held up his fist at me, and got out: he made a full stop to take up the coat, but did not take it. I went out and called, Stop thief! He cried Stop thief! all the way he ran. He was taken in about two or three hundred yards. My child is about nine years old.

Mary Jones . I live next door to the prosecutor. I was going to sit down in the box by the prisoner. He said he was going out about business. After that I heard the child say he had got something in the club room. I heard a great tussel. After that he drove out of the house, and Mrs. Feild after him.

Edward Millicote . I saw the prisoner run, and the child after him. He was taken, and I had the charge given to me of him.

Prisoner's Defence.

I had not the coat at all.

Mrs. Feild. The prisoner confessed before Justice Girdler, that he had the coat.

The prisoner called John Kelly , who said he believed him to be an honest man.

Guilty . T .

361. (M.) HENRY FINDAL , otherwise Norman , was indicted for stealing a two-handled silver cup, value 20 s. a silver pepper box, value 5 s. a silver cream jug, value 10 s. three silver table spoons, value 12 s. the property of Benjamin Gee , May 25 . +

Benjamin Gee . I am a baker . I know nothing of the robbery. On the 25th of May, about a quarter after six in the morning, I was alarmed by a number of people at my door. I jumped out of bed, but before I had got my things on, my servant came up and told me somebody had stole a cup. I went down as soon as I could: there I found the prisoner in custody of some of my neighbours servants. There were the different articles as laid in the indictment upon the counter. They told me there was the prisoner, and the things that he had stole. (Produced in court and deposed to.) I sent for a constable, and he was committed.

Ann Newton . I am servant to the prosecutor. I happened to get up that morning: as I opened the door I heard the spoons gingle, and saw the prisoner stepping out of the parlour into the shop. He ran out, and I after him as soon as I could, and called, Stop thief! He was taken by Mr. Hatton, a butcher, that lives near us. I saw him throw down the things at the bottom of the court (mentioning them); they were taken up by some man and delivered to me. The prisoner was taken in about ten minutes.

Philip Hatton . I saw the prisoner throw some things out of his hand, which appeared to be silver. I followed him, and never lost sight of him till I took him in about two hundred yards. I brought him to Mr. Gee's house.

Prisoner's Defence.

I am a leather clog maker. I had been in Windmill-street to buy some leather, and as I was coming along I saw a mob running, who called Stop thief! and they accused me with the affair, sir.

He called John Lake, Matthias Gray , James Mitchel , Jane Wine , and - Robinson, who said they looked upon him to be an honest man.

Guilty . T .

362. (L.) Moses Alexander , merchant , was indicted for forging an indorsement, the name John Brown, on a bill of exchange , to this purport:

"Leeds 19th of Jan. 1768 .

Six weeks after date pay to Mr. John Brown, or order, 98 l. 6 s. value received, as advised by Richard Aked ."

Directed to Mr. Nathaniel Aked , No. 23, Princes-street, near the Royal Exchange, London, and publishing the same, well knowing it to have been forged, with intent to defraud Ralph and Robert Fryer .

The witnesses were examined apart.

Ralph Fryer . I received this bill (holding one in his hand) the 23d of January, 1768, of Mr. Ive; it is for 98 l. 6 s. I saw the prisoner about two or three days after in our counting-house. He said he was very sorry he could not oblige me with an hundred pounds, but he had sent me a very good bill on Mr. Aked (that is this bill in my hand ). I believe I had not discounted it.

Q. What day in January was this that you had this conversation with him?

Fryer. It might be about the 26th. I never saw Mr. Alexander to my knowledge before. He told me he should not want it for some time. He applied to me the 29th of January, 1768, for 20 l. I let him have it. He applied to me the 1st of February for 20 l. more. I told him then I thought he did it to serve himself and not me, for it was of no service to me to come to me for the money so soon after. I imagined he would lend me the bill till it became due. He told me he had some particular payments to make, and he had been disappointed, but he should not come any more for some time. He came again on the 8th of February, then I let him have 30 l. more; that was 70 l. in all. I believe then I told him pretty much the same as I did the second time. He told me he wanted the money, and he must have it. He applied the 26th of February for ten pounds, then I lent him ten pounds; this was money lent, because we had some other bills between us. When the bill became due, it was presented for payment, which was the 4th of March: it was noted, protested, and brought to me, and I paid the money. He gave me a note of hand to be accountable for this bill of 98 l. 6 s. I believe on the 12th of March I insisted upon him either to indorse the bill, or give me a memorandum to be accountable for the value of it. After that I never thought any thing about the writing. Then I thought there was a great deal of likeness between the writing of the memorandum, and the indorsement John Brown. I told him I thought John Brown and he learned at school by one master. He asked me why. I told him, because I thought there was a good deal of likeness in the writing. He said, One man may write like another. I told him I thought the indorsement, John Brown, was his hand-writing. He answered, It was immaterial to me, but I should have my money in two or three days. I had asked him several times about John Brown, but he never would give me an answer where he lived; but said I should have the money in a few days. He desired I would not trouble my head about it.

Q. Who was this bill presented to?

Fryer. To Mr. Aked's house in Prince's-street. I discounted the bill with Fothering and Barber in Watling-street. I gave them the cash for it. After I received the bill I went to Mr. Nathaniel Aked myself. I could not see him, but he came to me and refused and protested it; so I paid it. I wrote to Richard Aked two or three times, and I received for answer from him, That he never wrote such a bill in his life. I shewed Richard Aked's letter to the prisoner, and I believe I shewed it to Mr. Ive.

Q. What past between you and the prisoner?

Fryer. He proposed he would take up the 98 l. 6 s. bill in a few days. I applied a great many times for the money. He told me I should have it in a few days; sometimes the next day; sometimes in two or three days.

Q. Have you seen the prisoner write?

Fryer. I have.

Q. Look at the words John Brown on the back of this bill, and tell me whose hand-writing you take it to be.

Fryer. I told the prisoner I believed it to be his own, and I believe it now.

Q. Do you know such a man as John Brown?

Fryer. No; I know no such man; nor could I ever learn from the prisoner where he was.

Q. By what do you form your judgment, that this is the prisoner's hand-writing?

Fryer. By having seen him write this memorandum, and by receiving several letters from him.

Cross Examination.

Q. Will you swear you ever saw him write any thing besides this memorandum?

Fryer. No; I will not swear I have.

Q. How came you not to prosecute him sooner?

Fryer. It was through his promises that we should have the money.

Q. How came you to change your mind and prefer this bill?

Fryer. Mr. Aked of Leeds insisted upon it that we should find out the forgery. The prisoner had promised, from time to time, we should have the money, and we became bankrupts, which put it out of our power to prefer a bill against him or any one else. There were several people that gave me reason to believe it was a forgery. Tatlock and Parry did.

William Parry . I have known the prisoner several years, and have seen him write often.

Q. Look at the body of this bill and the indorsement, and tell whose hand-writing you take it to be.

Parry. I take both the body and indorsement to be the prisoner's hand-writing.

The bill read.

"Leeds, 19th of Jan. 1768.

Six weeks after date pay to Mr. John Brown, or order, 98 l. 6 s. value received, as advised by Richard Aked ."

Directed to Mr. Nathaniel Aked , No 23, Prince's-street, near the Royal Exchange, London. On the back, John Brown.

Q. Look at the acceptance, N. A.

Parry. That I can't swear to; but the body of the bill, the direction, and indorsement, John Brown, I swear to.

Cross-Examination.

Q. Did you advise the prosecutor to prosecute?

Parry. No, I never did. I did intimate it was a forgery.

Q. Have you not called upon Mr. Fryer?

Parry. I have. I went there by the advice of Mr. Whitaker.

Q. Is there not a bill filed against you in the Court of Exchequer by Mr. Belcher?

Parry. There is a bill filed against me in the Court of Exchequer, and I have put in my answer. It is a cause between Chantrey and me, and not between Mr. Belcher and me.

Q. Upon your oath is not the prisoner a material witness for Mr. Belcher?

Parry. I cannot tell what witness he can be.

Counsel. Mr. Whitaker is an assignee for Mr. Fryer.

John Woodhouse . I have known the prisoner ever since last Christmas was twelve months. I have seen him write several times.

Q. Look at the body of this bill. (He takes it in his hand.)

Woodhouse. I take it to be the prisoner's handwriting, and the indorsement also.

Q. Do you take the acceptance to be his hand-writing?

Woodhouse. That I can't swear to; the other I look upon to be his natural hand-writing, the same that he transacts business with. There does not appear to be any attempt to vary in the body of it, or the indorsement.

Charles Tatlock . I have known the prisoner three, four or five years. I have seen him write a great many times.

Q. Look at the body of this bill, and tell whose hand-writing it is. (He takes it in his hand.)

Tatlock. I believe it to be the prisoner's handwriting, and the indorsement I believe to be the same.

Cross-Examination.

Q. Did you ever apply to Mr. Fryer about a prosecution in this cause?

Tatlock. No, I never did: I have no business in the prosecution at all. I never had any connections with Mr. Fryer. I have had too many with the prisoner. There was a large sum due to me from Mr. Alexander some time about July or August last. Mr. Alexander came to me and desired me to help him to some money to pay the bills which Mr. Brees had of Fryer, otherwise he said he should not be able to go about his business; but he must go out of the country, because they were forged.

Thomas Dyer . I have known Alexander five or six years. I have seen him write a great number of times.

Q. Look at the body of this bill. (He takes it in his hand.)

Dyer. I believe this to be Mr. Alexander's hand-writing, and the indorsement I believe to be the same.

Cross-Examination.

Q. At whose suit was the prisoner taken into custody?

Dyer. He was taken at my suit. I arrested him.

Ralph Fryer . This bill was in my hands in August last. I delivered it to Mr. Brees, the assignee.

James Brees . I am an assignee of Mr. Fryers. This draft came into my hands the beginning of September.

Prisoner's Defence.

I borrowed the bill in question to raise cash, and though I wanted it myself, I lent it to Mr. Fryer to raise money for him. John Brown had put his name to several bills drawn upon his master payable to me, on purpose to raise cash as a friend of theirs. I nether forged it, neither do I know it to be a forgery, nor do I believe it to be one. As to Brown, he is now in France, and I cannot have his testimony. Supposing the name was not his hand-writing, it might be written by virtue of a power from him; but that is a matter of which I am very ignorant, and I believe it to be the hand-writing of that Brown, and therefore I humbly submit it there can be no charge against me.

For the Prisoner.

Nathaniel Aked . John Brown was my clerk for about six months, he was so in February 1768. He is now gone abroad. I have seen him write many times. (He takes the bill in his hand.) Here is the name John Brown to this bill. I am very certain this is his hand-writing. I will look no further, that is his hand-writing. He was my clerk in Prince's Street, near the Mansion house.

Q. Is the body of the bill in his hand-writing?

Aked. No: that is not. That I am sure of.

Q. When did he leave you?

Aked. He left me I believe in June. He came to me about the 2d of January.

Cross Examination.

Q. Did you ever see this bill before it was put into your hands now?

N. Aked. I did.

Q. For what purpose?

N. Aked. For acceptance. I would have paid it, but I never saw it after it became due.

Q. Where did your brother Richard Aked live at that time?

N. Aked. He lived at Leeds.

Q. Whose hand-writing is the body of it?

N. Aked. That is my brother's hand-writing. I have no doubt of it. If I had had any doubt, I would not have accepted it.

Q. When was the first of your hearing there was to be this trial?

N. Aked. The first time of my hearing of this trial being in agitation was yesterday.

Q. Do you know how your brother came to draw this bill upon your clerk?

N. Aked. My brother was then a little out of money, and this was drawn to keep the credit up.

Q. Has there been no application to you to pay this bill?

N. Aked. I never heard of it: if they had come, I would have paid it.

Q. Have you known any instances where Brown has lent his name to Alexander?

N. Aked. That I can't remember.

Q. Who brought the bill to you for acceptance?

N. Aked. I do not know.

Robert Donilson . I knew John Brown. He was clerk to Mr. Nathaniel Aked in Prince's Street. I can't say how long he lived there. I believe it was about the beginning of the year one thousand seven hundred and sixty-eight when I knew him there.

Guilty . Death .

See him tried for two crimes of the same nature, No. 42. and No. 211. in this mayoralty.

363. (M.) William Murphy was indicted for stealing a white cloth frock coat, value 5 s. a new cloth frock coat, value 5 s. a red and white silk and cotton waistcoat, value 3 s. and a red cloth waistcoat laced with gold, value 5 s. the property of Michael Hudson , Esq ; June 26 . ++

Michael Hudson , Esq; The day before yesterday in the morning, when I came down stairs, the prisoner (who was my servant ) asked me whether I had my scarlet and gold waistcoat above stairs. I said No. I found the back kitchen door open. I took notice to my coachman that the place where the clothes used to be was in disorder. I suspected things had been taken away. I looked, and missed the clothes mentioned, and expressed my surprize to him that the person that had taken these clothes had not taken more; because there were more clothes in that chest which they might have taken. I thought this must have been done by somebody that belonged to my family. I said I would go to a magistrate. I asked him what time he got up. He said about six; but he seldom got up so early. The coachman agreed it was extraordinary, and the more so, as the back door had been shut fast the night before. When at breakfast, I talked of going before Major Spinnage . The prisoner expressed a great desire to have it inquired into. He wished it might be cleared up. I said, You can have no objection to going before the Major to have it inquired into. He went with me. When we came there, many circumstances made me suspect the prisoner. At last we found where he had been the night before. The servants had informed me he had been out twice that night. He told me he had been to see one Sharp, who had been his fellow servant when he lived with Lord Douglas. I went there, and found a bundle in a trunk which was broke open; there I found my white frock, and silk and cotton waistcoat. (Produced and deposed to.) Then before Mr. Spinnage the prisoner was asked particularly about the scarlet waistcoat. He said he had flung it down the necessary. I sent for a carpenter to search in the necessary-house, but there was no such thing found.

Richard Sharp . I am servant to Mr. Phelps. There was a bundle brought on Monday last to our house by the prisoner at near nine at night, he carried it down stairs and put it into a box which I had given him two months before, and locked it up, and took the key with him. After that he came again some time in the evening, but then I was out; but I found him in the kitchen when I came home. I was by when Major Spinnage came and opened the box, and I saw these things taken out. I once lived fellow servant with the prisoner a year and a half.

John Matthews . I was by when these things were brought in; I asked the prisoner if they were his master's, he said they were.

Prisoner's Defence.

I did carry the clothes there. I was brushing them, and I took them under my arm to Sharp, and left them there that night, intending to fetch them back again the next day, and being in a hurry brushing the blue and gold coat in the yard, I threw it on the necessary, and it fell in.

Guilty . T .

364. (M.) Daniel Strutt was indicted for stealing a bay gelding, value 3 l. the property of Gamelia Key , May 29 . ||

John Evans . I am servant to Gamelia Key, at the Harrow at Ardley in Essex. He lost a bay gelding from out of the marsh in Ardley parish on the 29th of May. The horse had a Switz tail and his off eye was out.

Q. What was the prisoner?

Evans. He had worked about our neighbourhood all the winter. He owned before the bench of Justices he stole the horse. William Green of Bethnal Green sent word the horse was with him; there I found him. He is the property of Gamelia Key.

William Green. I live at Bethnal Green. I keep a chandler's shop and deal in horses. My son had bought a horse of the prisoner at the bar, at Hounslow fair, which was stolen, and he was taken from him. He meeting with the prisoner on a bay one eyed horse with a Switz tail, took him in custody, and brought the horse to my house, which proved to be the prosecutor's horse. He bought him on the 1st of June. I asked the prisoner who the horse belonged to, he told me he belonged to Mr. Key at Ardley. I sent word to Mr. Key, and the evidence came and owned him as his master Mr. Key's property.

The prisoner said nothing in his defence.

Guilty . Death .

There was another indictment against him for stealing another gelding.

365. (L.) Alice Johnson , otherwise wife of John Farr , was indicted for stealing a pewter dish, value 2 s. two pewter plates, value 2 s. two copper sauce-pans, value 2 s. a copper cover, value 2 d. a copper stew-pan, an iron gridiron, a flat iron, a pair of linen sheets, two blankets, one counterpane, one bolster, one pillow, a copper tea-kettle, and a coffee-pot , the property of Elizabeth Fowler , widow , April 15 . ||

Elizabeth Fowler . The prisoner lived in my house, after she was gone these goods were all missing. I found them again at two pawnbrokers. (Several of the articles produced in Court and deposed to)

Prisoner's Defence.

She would have made it up for sixteen shillings.

Prosecutrix. She wanted to make it up, but I was not willing.

Guilty 10 d. T .

366. (M.) Sarah Hunter , spinster , was indicted for the wilful murder of her male bastard child . She good charged on the coroner's inquest for the said murder, May 5 . ||

Ann Richards . I am servant to Mrs. Steer at Edmonton . The prisoner was servant in the same family: she was the cook . I came to live there the 4th of May, between three and four in the afternoon. The prisoner was taken ill in the evening. She went up stairs about nine. I went up between ten and eleven in the same room. I found the prisoner sitting on the side of her bed. She complained she was very ill, so that I did not go to bed. She complained of her leg swelling, and said she was very full of pain across her joins and back. I thought it proper she should have assistance. I went into mistress's room, and desired she would get up. She did; mistress gave her something to drink; I believe it was brandy. Seeing her so bad, we thought proper she should have a surgeon. We sent for Mr. Abel, a man-mid wife: this might be between twelve and one in the night. The prisoner got into bed before he came. He asked her what was the matter with her; she said she was very full of pain; he ordered her a draught and went away, after being there about five or six minutes. She drank the draught; after that she said she found herself better. I left the room and went down stairs. I did not stay long below. Mary Pink that was in the room went down for some water for the prisoner, who said she was very dry. We put some gin in it, and the prisoner drank it. When Mary Pink was gone down, I heard the prisoner make a noise in the bed as if she pulled her pocket from under her pillow; the curtains were drawn, so that I did not see her. This was about a quarter of an hour after Mr. Abel was gone. I heard her make a noise as if moving about in the bed. I thought I heard her open a knife. I heard it clash. This very much shocked me. I had hardly power to stir; I thought she was doing something to herself. She seemed to be very busy under the bedclothes. I went into mistress's room, and told her that I heard her make a noise, and thought I heard her open a knife, and imagined she was going to make use of it. Then I went back again; the prisoner then seemed to be pretty easy; she seemed to compose herself, and desired us to go to bed. This was betwixt one and two. Pink went to bed; I sat on the side of the bed where Mary Pink lay, and do not know that I spoke to the prisoner till morning. I did not go to sleep till after day-light. During the time I sat I think the prisoner drank one draught which I had put in a bottle at her desire, and put it on her bed. I went to bed about four, and slept till about eight; then I got up and went down stairs. When I awaked, the prisoner was in bed, she seemed to be asleep; but I said nothing to her, nor she to me. I carried her up a bason of tea about nine; she drank it, then I think she was sitting on the side of the bed. She got up and made the man's bed in the garret by herself. She came down, and began making her own bed; I came up at the time, and assisted in putting the blankets on. She had changed her sheets, and got a pair of clean ones. I went and told mistress of the clean sheets; then my mistress and I went up into the room. We saw the foul ones, and then we began to think something. Then the prisoner was go: down stairs; there was an appearance on the foul sheets, as if she had been brought to bed. We found them in the drawer. I did not see the child till after it had been seen by other people, about the middle of the day. After we found the sheets, mistress came down and desired the prisoner to go to bed.

Mrs. Ann Steer . I live at Edmonton. The prisoner was my cook four months. On the first of May she complained of her legs swelling very much. I saw them on the fourth: they were very much swelled. I then had not the least suspicion of her being with child, having at that time a very good opinion of her. I was going out of town, so I desired her to keep her legs on a chair. When I came home about ten, she was gone to bed. I went to bed also about eleven; and just as I was got into bed, my servant came and told me the prisoner was very bad, and desired I would come to her. I put my under petticoat and bed-gown on, and went and asked her how she did; she said she was in such pain in her stomach and all round, that she did not know what to do. I gave her some pepper-mint water. I did not suspect then that she was with child. She continued in pain. After that I ventured to give her some gin. I told her, I thought her very bad, and that I durst not give her any thing else. I said I would send for Mr. Abel. He lives but a few doors distant. She desired I would not, saying she was out of order, and was sure she should be better. I sent my maids out of the room, and hoped to make some discovery. Then I told her I was frightened very much at her, that I had a great opinion of her, otherwise I should not know what to think. She gave no answer, but seemed ignorant of what I aimed at. I did not mention any thing farther. She had told me before she had had a long illness two or three years ago. I asked her whether she was as bad now as she was then: she said she never was so bad as she was now; and added, in her illness before, her mistress gave her strong things that made her almost drunk. She said the drinking of gin had done her good, and that she was much better, and begged I would go to bed. I said I was so uneasy about her, I could not think of going to bed, and that I would send for Mr. Abel. I did so, and directed he should not go up till I had seen him. She said there was no occasion for him. When Mr. Abel came, I went down and told him my suspicions, and desired him to question her. He went up stairs, and asked her a great may questions, which I cannot particularize. I was by at the time. He stayed with her about five minutes. She did not appear worse. He told her he would send her a draught. I went down with him, and asked him what he thought. He said he thought she was in labour. I saw her a great many times that night. He desired me to charge her with it. I told him, if he would stay a little, I would go up again to her, and hear more what she said. I went up, and sat down by her, and told her I was very uneasy and frighted at her, and could not tell what was the matter with her. She asked me if Mr. Abel was below. I said, Yes. She asked what was the reason he did not go, she could not think why he stayed so long; adding, that there was no occasion for him to stay. I told her he stayed to see how she did. I went down and told him what I had said, and that I had not courage to say any more to her. I told him if he would go home and prepare her a draught, I would send a person for it, and that there should be no bad consequence, she should not be left alone a moment. When the draught came, I went and gave it her. She then seemed better, and said she was very sleepy, and begged I would go to bed, for I should get cold without my cloak. She seemed then a little easier, yet I could discover she had little pains now and then. She pressed me very much to go to bed. I told her I would, but insisted upon it my maids should stay by her. I was not satisfied with this, but told them by no means to leave her. They promised me they would not. Then I went to bed. As soon as I got into bed, one of them came and knocked at the door, and said the cook wanted a little water. I told her she might fetch a little, but she must put some brandy in it to take the rawness off of it, and bid her make all the haste she could. I believe in about a minute after Ann Richards came, exceedingly frighted, and said, For God's sake, madam, come to the cook; I don't know what she is doing, she is doing something to herself: she has got her pocket in the bed, and I think she has taken her knife out; I heard it clash; and she is very busy under the bed-clothes. I sent her back again directly; my daughter was in bed with me; I desired her to go to the door and hear if she heard any noise. She came back again and said the cook lay very still and quiet. She heard nothing. I lay till about four. I was very fearful the maids were gone to sleep, hearing no stir. I sent my daughter to see. She came again, and said the maids were laid down in their clothes, and the cook was snoaring. I lay till six: then I went into the room, and found the cook fast asleep. I then went to the other bed, and waked the other two. My room is close by theirs. I desired them to get up: they said they had stayed some time by her, that she slept very well, and they thought they need not stay any longer, therefore they lay down. I desired them to call my daughter as they came through my room. This was between seven and eight. I asked them how the cook did when they came; they said she was not got up. As soon as I was dressed, I went into her room, which was about a quarter of an hour after eight, and asked her how she did. She said she was a great deal better, but she was so much out of order, she was afraid to move. I said I hoped she was no worse than common. She said, No. I desired she would stay in her room, and I would go down and make some tea, and send it up. I sent her a bason of tea up. I said I was certain there was something more than ordinary, she looked so shockingly. She came down a little after nine into the kitchen. One of my daughters came and told me the cook wanted clean sheets, for she was going to wash her foul ones: they were very dirty. I bid my daughter give her a pair, but would not let her wash the others. I sent Ann Richards up to help her to make her bed, as I heard she was going to make it. I went up, and saw them both putting the blankets on. I looked about, but saw nothing then. I went down again. When the prisoner came down, I desired my daughter to keep her in the kitchen, while I went up and looked about the house for the foul sheets. I went and looked in the garret, where the foul linen is kept. I could not find them there. I looked under her bed in her room; I found there a blanket, her under petticoat, and a bedgown that I had lent her: though I had not found the sheets, I was satisfied there was something more than ordinary. At last I found the sheets in a corner of a drawer where her things lay: then I was thoroughly satisfied she had had a child. They were bundled up in a very bad condition, I have had many children myself, and was quite sure she had had a child. Then I went to get her out of the kitchen: she was wanting to do some work, but I thought her not in a condition to work. She went up stairs. I went up and kept her in talk the while my daughter tried my keys to see whether any would unlock her trunk in the garret. After that I came down, and consulted my daughter what I should do. I took the chare-woman, who is a married woman, up with me. I first sent her into the room to the prisoner to ask her how she did: then I went in, and said, You look sadly, will you have any thing? She said she thought she was a little saint. I said, Cook, you may very well be saint, for I am sure you have had a child. She denied it at first. I said, Though I was so ignorant last night, I am not now, for I was very certain by what I had seen, and if she would not tell me, I would send for a constable. Then she said, there was a child. I asked her where it was; she said in her trunk in the garret, and gave me her keys out of her pocket. I told her she shocked me very much, and bid her go to bed, as the most decent place for her. I got her into bed, and got her some caudle, went with the chare-woman, and found the child tied up in a handkerchief in a corner of her trunk. The trunk was locked. The chare-woman brought it in her apron into a parlour, which we made but little use of. I did not care any body should know of it then. I saw the child was cut down from the ear, and then another cut across the throat, about two inches long each cut. It was a boy. The cut seemed to be to the bone of the neck. I saw the bone, but did not care to look at it much. It seemed very deep. It was very bloody, and bled very fresh till the Monday. This was Friday. The handkerchief was very bloody in which it was. I sent the chare-woman to tell her, I thought she had murdered her child, and I could not see her any more.

Q. Did it seem to be a full grown child?

Mrs. Steers. It did; it appeared as if she had gone her full time.

Eliz. Low. I am a chare-woman. Mrs. Steers sent for me. She went up stairs and I along with her. This was after the sheets and things were found. We went up to search for the child. I went to the prisoner and asked her how she did; she said, she was very poorly. Madam came up a little after; we then went up into the garret. Madam said, she was certain there must be a child by the things she had seen. The prisoner denied it at first, but not much; afterwards she owned it. Madam asked her for the keys; she gave them to her. Then we went up into the garret, and found the child in the prisoner's trunk. It was very bloody, so also was the handkerchief in which it was. The child bled fresh then from the neck, where there was a wound. It was cut down the neck and cross the neck. I saw the bone. I staid with the prisoner three nights, she never said any thing to me.

Mrs. Steers. I bid this chare-woman to ask the prisoner for her pocket, thinking she was not fit to have a knife. She gave her her knife out of her pocket, but that was not bloody.

Q. What growth was the child.

E. Low. It was at its full time. I have had children. It was tied up in a snuffy linen handkerchief.

Q. to Mrs. Steers. Had she made any preparation to put the child in?

Mrs. Steers. The prisoner sent me word, if I would look into her trunk, I should find some child's things. I looked in her trunk, and there I found a neckcloth for a child, that was formerly used about a child's neck: that I found on the Friday. She was taken away on the Monday in the afternoon. (Produced in Court.)

E. Low. There was a linen cloth, that seemed to have been made for a clout, wrapped about the child's head in the handkerchief.

Barthelomew Abel. I am a man-midwife. I was sent for to Mrs. Steers's, at about eleven o'clock at night, on the 4th of May. Mrs. Steers told me she was exceedingly frighted about her cook. She had lived with her about four months, and was a very good servant, or else she should suspect something was the matter more than ordinary. I asked her if she thought her with child. She said she looked big, but not bigger than she was at her coming. She informed me, she had not been regular for the time she had been there; but would not have me take notice to her that I suspected her to be with child, but go up and have some talk with her. She was cautious of the girl's reputation. We went up stairs together. I asked her several questions, particularly how long since she had been out of order; she told me four months before she came to that place, and that she had been taking some pills, which began to have a proper effect, and that she expected she should soon be better. I looked at one of her legs, and found it very much swelled. I came down stairs. I could not be absolutely certain she was with child, but it was my opinion she was, and that she was in labour. I thought it proper for madam to go and tax her with it. After some little time she went up in order to do it. She came down again and told me, she told her that Mr. Abel thought her much like a woman in labour, but the prisoner said it was a particular time, and asked why I staid; saying, I need not to stay; if she had any occassion, she would send for me. I said I would send her something by way of amusing her, and if they sent for me, I would come directly. I sent a draught, and desired she might not be left alone. I went home, and lay down between the blankets, and fell asleep, and heard nothing till morning; when about nine I went to see how she did. She was then not up. I was told I might go up stairs. I went up, and found her dressed, sitting on the side of the bed. Upon asking her how she did, she told me she was much better, that she had had a considerable alteration, as she used to be at particular times, and was quite easy and free from pain, and should soon be well. As she was up, I looked at her to see whether she was big as usual, but not having seen her before to observe her, I could not tell. I went home. After this Mrs. Steers beckoned me. I went into her house. She told me there was a child found. She and I went up into the garret, and there I saw it.

Mrs. Steers. The child had been washed and cleaned, and carried up there when Mr. Abel saw it.

Mr. Abel. It was a full grown male child, with a considerable wound on its neck. It was cut straight down the neck, and afterwards across the neck. The first began about two inches or an inch and a half below the right ear, and came down right about two inches or an inch and a half long . It reached to the first bone of the neck. It penetrated quite to the bone, about an inch and a half deep. The other cut across was full two inches long, and full two inches deep. It appeared to have been washed when I saw it. I did not see any blood.

Q. Is any thing to be inferred from its fresh bleeding, as Mrs. Steers has given an account, that it was born alive?

Abel. No. If it had been born dead, it might have bled. On the Monday the coroner sent to me, and asked if it was necessary to open the child, to find out whether it was born dead or alive. I told him it was a received opinion, if it had been born dead, the lungs would sink, but did not know it was an infallible sign. I took out the lungs and put them in water, and they swam. I don't mention this as an infallible rule.

Q. What is your judgement, upon the whole, of the appearance of this child, or can you form any judgement upon it, whether it was born dead or alive?

Abel. I would rather think it was born alive.

Prisoner's Defence.

I awaked in the morning and found there was a child; that frighted me very much. I was not sensible what I did. I can give no account how I did it.

To her Character.

John Atkins . I have known her upwards of ten years at Newark upon Trent. She lived in many good and genteel families; and always had the good character of an honest sober girl.

Acquitted .

367. (M.) Henry Hanson was indicted for stealing a cloth coat and waistcoat, value 35 s. and a pair of worsted breeches, value 2 s. the property of Richard Brander , June 5 . ++

Richard Brander . I live in Great May's Buildings . I lost the things laid in the indictment out of my fore-parlour. I missed them on Monday morning, the 5th of June, about four o'clock, when I got up. The parlour door opens into the street, and sometimes our servants leave it open.

James Gallaway . I am a headborough. On Monday morning, the 5th of June, the prisoner came into a public-house in Tottenham-court-road. He turned back when he saw me. I saw he had the things laid in the indictment in a bundle. I took him and carried him before Justice Welch. (Produced in Court and deposed to by Prosecutor.) I advertised the things, and the prosecutor came and owned them.

Prisoner's Defence.

I got up that morning to go to see for work. I went into a little old house to do my needs, when I got up, I saw the bundle lie.

Guilty 10 d. T .

368, 369. (M.) Thomas Bryan and Bartholomew Martin were indicted for stealing two hundred pounds weight of lead, value 4 s. belonging to Elizabeth Ridley , widow , fixed to a certain building used with the dwelling house , &c. June 24 . +

Elizabeth Ridley . My house is in the parish of St. Mary-le-bone . On the 24th of May, I missed two or three hundred weight of lead from off a back vault in the yard. The evidences are here that secured the prisoner, and the lead is here also.

Elizabeth Scudamore . I am servant to Mr. Say at Mary-le-bone. On Wednesday morning, the 24th of May, between two and three o'clock, the coachman and footman came and alarmed me that some thieves were about our house. In a little time after they came and told me they saw a man, and they would go and call the watch. I got out of bed, put my window up, and saw three men, one was a thick-set man, he was upon Mrs. Ridley's vault taking the lead, and the other two standing below to receive it. He threw the lead down, jumped down, and went into a stable; the other two carried the lead in after him and shut the door. They were there till the coachman and footman with the watchman went and took two of them. The pri soners are the men.

William Elvington . I am coachman to 'Squire Say. On the 24th of May, I brought my master from Vauxhall in the chariot. When I came to the stable, after my master was gone to-bed, I heard somebody whisper these words, The light is not out yet. I came into the house and asked the maid to let us be in her room: the footman was with me. I looked out at the window after the day was broke, and I saw a fellow with white stockings, and also after him a tallish man, and then a little man. They went to the stable door and looked through a hole, and said, The light is all out. They then went about twenty yards farther; the little fellow scaled the wall, and began stripping the lead from Mrs. Ridley's vault. I and the footman agreed to stand true to each other. We went out, he with a poker and I with a broom-stick. We got the watchman to go with us. We went to the place where the lead was thrown down. The maid called to us, and said they were in the stable. We went in. One man ran out at a back place, and got off. We took the two prisoners; one way lying on the ground, the other standing up behind the door. They both said they were sleeping. We found the lead lying by them, about two hundred weight; we secured them, and they were committed.

The footman gave the same account.

Bryan's Defence.

I have a wife and three children. I was in liquor, and know nothing of the matter. I never saw the other prisoner in my life before.

Martin's Defence.

I was locked out of my lodging. A girl of the town brought me there. I was much in liquor. I did not know where I was.

Both Guilty . T .

370, 371. (M.) Joseph Trippet and James Fannen were indicted for stealing a silver watch, value 4 l. a silver seal, value 1 s. a steel chain, value 1 s. a watch-key, value 2 d. a pair of silver shoe-buckles, value 8 s. one silver knee-buckle, value 1 s. and one Moco sleeve button set in silver, the property of Edward Jones , clerk , privately from his person , June 14 . +

Edward Jones . On Wednesday the 13th of this month I was out late, and finding myself locked out, I went, between one and two o'clock on the 14th in the morning, to a bench on Westminster-bridge , with a view to sleep; where I was awaked about four, and found myself robbed of a silver watch, my silver buckles out of my shoes, one knee buckle, and a sleeve button.

Henry Wright . I am turnkey at Tothill-fields Bridewell. On the 14th of June the prisoner Fannen came to our door, and asked me for Matthew Matthewson , a young man that was there for picking pockets. I told him to go to a ward No. I. and when he was unlocked, he should see him. After he had seen him, he went out at the gate, and returned again in about five minutes; at the same time I observed the other prisoner about an hundred yards from the gate. After Fannen came out from Matthewson again, he and Trippet went away together. I said to Matthewson, What did he want with you? he said, Nothing. I said, I thought by Trippet's shoes (they were all over country dirt) that he had been thieving. He said, Fannen had got a watch, and Trippet was waiting for him. I called a boy and a man to assist me, and we went in pursuit. I saw them in St. Jame's Park upon the grass, about fifty yards a-head of us, looking at something. We apprehended them. I found a silver watch, a chain, and a seal, in Fannen's coat pocket. Carrying them to Bridewell, Trippet's pocket hit against a young fellow's leg. He said, There is something in it. We searched him, and found a pair of silver shoe buckles in his left hand coat pocket. When we got them in, we searched both their pockets; and in Trippet's pocket we found one silver knee buckle and a sleeve button. I examined the watch, and found it was made by Job Trip, King-street, Westminster. I applied to him, and there I found the prosecutor lived opposite to him, and that he had not been at home all that night. I found by Mr. Trip that the watch belonged to Mr. Jones.

Fannen to Prosecutor. You said before Sir John Fielding you lost five guineas.

Prosecutor. I did say so. But I do not know whether I lost them there or not; but in regard to the watch, I looked at it before I went to sleep, and I know I had my buckles on. (The things produced in court.) I was not possessed of the watch and seal above three or four days. The shoe buckles are mine; I have had them some time; and here is a small key that hangs to the watch chain, which fits a little lock that I have at home, I believe that to be mine. The letters on the seal are E. J It was made on purpose for me. I bought it of Mr. Trip.

Trippet's Defence.

I am a waiter at Vauxhall at this time. I pressed this young fellow ( meaning his fellow prisoner) to come and see me. He came on the Tuesday night, about nine. We went to the tap-house, and had a pint of beer together: then I said I could not stay any longer. I went into the gardens immediately. He asked what time I should come out again. I said it would be late, I believed about one or two. I came out about two, when there were two ladies asked me whether I could get a coach. There was never a one. I told them I believed there was a boat. They said they did not chuse to go by water. They asked me which way I was going. I said I lodged in Lambeth. I told them I would oblige them in seeing them over the Bridge, if agreeable, and that there was a young man waiting for me in the taphouse, so that we four went together as far as Charing-Cross: there a coach was going by, and the ladies hired it, got in, and ordered the coachman to drive to the New Buildings near the Middlesex Hospital. They gave me a shilling. Then Fannen and I went up the Haymarket, and had some beer and victuals, and staid some time; then we walked towards the Bridge. I think it was by the third or fourth bench that Fannen saw that watch lying on the ground, and the buckles within half a yard of it, and an odd knee-buckle, and a sleeve button. I went then towards my lodging, but could not get in, and we walked about to pass the time away. We went about two or three miles, and came back towards Vauxhall again. Fannen said to me, You may as well take a walk along with me over the Bridge again. I went with him. He said there was a fellow-apprentice of his in Tothill-fields Bridewell, and being so near, he would call and see him. He went in, but I stopped about an hundred yards from the gate: when he came out we went away together.

Fannen's defence to the same purport.

Trippet called Stephen Paxton and William Morris , who said they knew no harm of him.

Fannen called Christopher Pidgeon , printer, to whom he was an apprentice, and John Bell , who gave him a good character.

Both guilty of stealing, but not privately from the person . T .

372. (L.) Broughton Bridgen was indicted for stealing a leather bridle with an iron bit, value 5 s. the property of Cuthbert Jackson , June 20 . ||

Acquitted .

373. John Wilson was indicted for stealing thirty-six yards of silk ribbon, value 6 s. the property of Henry Sherwood and John Reynolds , June 8 . ||

Henry Sherwood . I am a partner with John Reynolds . I live in Woodstreet, Cheapside. I think I can swear those two pieces of ribbon are of our manufacturing. (Holding them in his hand.)

John Hopwood . I am servant to the prosecutor, in Woodstreet, No. 5 . The prisoner at the bar came in, pretending to buy goods. I saw him privately convey one of these pieces of silk ribbon from out of a drawer, on the 8th of this month, in the afternoon, into his breeches. I searched him in the shop, and took it out of his breeches.

Ralph Barron . I keep the tap in Woodstreet-Compter. I was sent for to the prosecutor's shop. They told me the prisoner had stole some ribbon. I saw the witness here take one of those pieces from the prisoner; and I took the other out of his hand behind him.

Prisoner's Defence.

I was a little in liquor.

Guilty . T .

374. (M.) Andrew M'Daniel , otherwise M'Doril , was indicted for stealing a silver watch, value 3 l. the property of Charles Scott , June 19 . +

Charles Scott . I live in the Old Swan Yard, Bishopsgate-street. I lost my watch on Monday was seven-night, about one in the morning, at Castle-street Bagnio, Leicester-fields . I am a hackney-coachman , and had a waiting job there from twelve till half an hour after two. I had hung my bags on my horses to let them feed. I shut the door and went to sleep, but the prisoner awaked me by pulling the watch out of my pocket: He turned about, and ran. I jumped out of the coach and followed him. The watchman was crying the hour one. My big coat came between my legs and threw me down. A watchman pursued and he was taken. I know the prisoner is the person that took my watch, for I saw him as I was in the coach. He had a striped waistcoat, and a blue coat on, the same he has on now.

Charles Churchman . I am a carpenter. I was going home at the time I saw the prosecutor pursuing. He fell down, but the watchman and I pursued, and I took the prisoner in Vine-street.

John White . I picked up the watch where the prisoner fell. I was standing at my own door in Vine-street and saw him fall. He was no sooner down, but Mr. Churchman, who was pursuing, said, Now I have you. He took him, and carried him to the watch-house, and I carried the watch after him. (The watch produced and deposed to by the prosecutor.)

Prisoner's Defence.

I know nothing at all of it.

Guilty . T .

375, 376, 377. (M.) William Smith , Mary, wife of Christopher, Andrews , and Elizabeth Johnson , otherwise Wood , were indicted, the two first for stealing two silver table spoons, value 12 s. and one silver tea-spoon, value 3 s. the property of John Jones , and the other for receiving the same, well knowing them to have been stolen , June 3 . ++

John Jones . On the 3d of this instant, betwixt six and seven o'clock, I was standing at my bar, talking to a neighbour, when in came the prisoner Smith. My neighbour asked me how long that man had used my house. I said I did not remember I had ever seen him before. He went in and out of the room two or three times. My neighbour said, If there is any thing in the house, he will certainly take it. My servants were all out. Soon after Smith was gone, my maid went up stairs and found my room door open. I went up and found my bureau open. I looked in a place where I put papers, and there were six spoons unmarked taken from thence. I pulled out a drawer where there had been six or seven more, they also were gone; they were all table spoons. I lost some tea spoons also. I ran to my neighbour that had been with me at my bar, and told him what I had lost. He and I went about to the pawnbrokers, to give them all the account we could. On the Sunday morning I went to the Brown Bear , and sent for Haliburton with a warrant I had from Justice Kelynge: he and I went to the cellar in Russel-street, where the prisoner Johnson lived. Haliburton told Smith, who was there, he had a warrant against him for taking some spoons from the Salutation; then he pulled out another warrant, and said, I have another warrant against your tenant. Wood said, Andrews brought three spoons there, and she gave her 5 s. 3 d. for them. She readily gave them up. Then we asked where Andrews was. I think Wood said she would send her girl with us to her. The girl went with us to White-horse-yard. The little girl went in and beckoned with her finger. Then the constable went in. There we found Andrews. (Two table spoons and a tea spoon produced and deposed to.)

Q. Did you see Andrews at your house?

Jones. I do not remember that I saw her.

William Haliburton . I went with the prosecutor, and we found these three spoons at Wood's: She said she had them of Andrews the night before. I have known Smith about Covent-Garden. He lives with the prisoner Wood.

Smith's Defence.

I have been an hundred times in the prosecutor's house. It is the best house in the whole neighbourhood. I know nothing of what I am charged with.

To his Character.

William Hart . I have known Smith some years, he sells oysters in the winter time, and fruit in summer. I know nothing against his character.

William Daw . As to Smith I cannot say any thing about him.

All three acquitted .

378. (M.) William Dowson was indicted for stealing four store pigs, value 3 l. the property of William Roberts , March 1 . ++

The prosecutor and prisoner were neighbours. It appeared the pigs came into the prisoner's premises, and he shut them up very improperly; but it did not appear to be a felony. He was acquitted .

379. Morris Dykes was indicted for making an assault on John Pinick on the king's highway, and taking from his person a man's hat, value 10 s. the property of the said John , June 26 .

The prosecutor did not appear.

Acquitted .

380. (M.) Robert Spink was indicted for making an assault on Sarah, wife of William Cook , on the king's highway, and taking from her person 11 d. 1/4 in money numbered, one iron snuff-box, value one halfpenny, one linen handkerchief, value one halfpenny, and one linen pocket, value one halfpenny, the property of her husband , May 22 . *

Sarah Cook . William Cook is my husband. On Monday the 22d of May, near one o'clock in the night, I was going for a pint of beer to the Angel at Islington, when the prisoner and another man took hold on me, one of one arm the other the other, and dragged me along by the wall. I struggled with them some time, and cried out. I said, I am a married woman, and have three children. The prisoner put his hand in my pocket, and took out my snuff-box, an iron one; then he took my pocket with my handkerchief, and 5 d. 1/4 in copper and 6 d. in silver: the other held me the while he took the things. The watchman who came to assist me, they took his staff out of his hand.

Q. Did you know him before?

Cook. I never saw him before to my knowledge.

Q. Had he any thing in his hand?

Cook. No; they gave ill language, and kicked and beat me: after this I went home without any beer.

Q. What are you?

Cook. I take in washing , and my husband is a labouring man .

Nicholas Wilson . I am a constable. On the 25th of May this woman came to me, and told me she had seen one of the men that robbed her two or three nights before. I asked her if she was sure it was the same person; she said she was. I told her to go and look again; she went, and, in about a quarter of an hour, sent her little boy to tell me she was sure, and desired me to come directly. I went: they were walking along by the New River side, by the King of Pruffia's Head: she pointed to the prisoner, and said, Mr. Wilson, I give you charge of that man; that is the man that robbed me. I took and carried him before Justice Girdler. The prisoner said he had never seen the woman.

Q. to the Prosecutrix. Did you tell the justice the prisoner took the watchman's staff away?

Prosecutrix. No, I did not.

Wilson. I searched the prisoner's bag, that hung over his shoulder; there I found this old pocket, a handkerchief, and snuff-box. ( Produced in Court.)

Sarah Cook . These are my property, which the prisoner took from me that night.

Wilson. Sarah Cook told me two days before, that she had been robbed by two men of a pocket, a handkerchief, and a snuff-box.

Q. Did she mention to you their taking the watchman's staff away?

Wilson. No, she did not.

Prisoner's Defence.

I never saw the woman. Another man and I were going to work at the New River, and that man put these things into my bag. He was with me when the constable took me up. I never went away. I lay in Mr. Pullen's barn, and worked for him.

Constable. There was an old fellow with the prisoner when I took him; he seemed to be an Irishman; but he did not seem to me to belong to him.

Guilty of felony only . T .

381. John Law , otherwise Low , was indicted for breaking and entering the stable of Joseph Ethrington on the 4th of May , about the hour of twelve in the night, and stealing three saddles, value 20 s. and one bridle, value 1 s. in the stable of the said Joseph . *

Joseph Ethrington . I keep the Black Dog at Highgate . On the 3d of May, at night, my stable was broke open, and I lost three saddles and a bridle. I advertised them, and found part of them at Mr. Kilingly's in Coleman-street. These were a pair of stirrup irons, and a plated bridle. He said he thought he could find the man he bought them of. He found him in about a week after, and then he sent for me.

Mr. Kilingly. I am a sadler. I bought the stirrup irons and bridle of the prisoner at the bar. I gave him twelve shillings for them and a saddle cloth. I asked him how he came by them, he said, Honestly, and, if any body disputed it, he was to be found at Mr. King's, a horse dealer in Smithfield. He said his name was John Low . By enquiring there, I found where he lodged, and I went and took him; but I found he had kept out of the way. We took him before Justice Girdler, and there he acknowledged he sold the things to me.

Prisoner's Defence.

One Jonathan Goodman brought the things to me in a sack: he said there was an ass near the pound, or in the pound at Islington; that he took that ass and rode all the way to the turnpike, and then he turned the ass up.

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

382. (M.) James Morton was indicted for stealing two guineas , the property of John Sykes , June 23 . ||

John Sykes . On Friday the 23d of this month I missed two guineas cut of a bag which I had locked up, and thought no body could get at it, having the key in my pocket. I suspected the prisoner; he was my apprentice , and was then in custody for a pair of shoes that I charged him with. I went to pay his fees, and take him out, but there I was informed he had spent a great deal of money. He owned he had stole two guineas from me. I went home and found it so.

Stephen Sykes . As he was coming home last Saturday morning up Swan-Alley, I asked him whether the money he spent was his master's. He owned before Justice Girdler he had taken some of his master's money. I went to see him in prison after. I asked him how he got at it; he said, as his master was asleep by the fire, he took two keys out of his pocket, went to his chest, and took two guineas out of the bag, locked it again, and went and put the key in his master's pocket, while he was asleep.

Prisoner's Defence.

I have nothing to say. I did take it.

Guilty . T .

383, 384. (L.) Mary Kynaston , spinster , was indicted for stealing a piece of Irish linen, containing twenty-three yards, value 3 l. the property of James Webb , and George Pain for receiving the same, well knowing the same to have been stolen , June 15 . ||

James Webb . I keep a linen draper's shop in Smithfield . On the 15th of June, about seven in the afternoon, I went up stairs and was rung down again in a few minutes by Mr. Taylor, who said he had had two thieves in the shop, and he believed they had stole a piece of cloth. I had left two pieces on the counter when I went up, and upon hearing what he said, I looked, and said they have taken the best. Upon which he went in search of them, but could not find them. I have not seen it since.

William Taylor . On Thursday the 15th instant, about seven in the evening, the prisoner, and Mary Crosier the evidence, came into our shop and asked to see some soosea handkerchiefs. I had two customers in the shop at the time. I desired them to wait a little: they said they would. They went to the counter, about four yards distant from where I was serving. The prisoner set a child on the counter, and then the evidence tied the prisoner's apron behind by the two corners with something in it very tight. In a minute's time the prisoner said, Pray, Sir, serve us, we cannot stay any longer. I immediately left my customer and went and shewed them some soosea handkerchiefs. They asked the price for each of them one. I told them 2 s. 2 d. They bid me 20 d. I said I could take no such price. They said they were poor girls, and could not afford to give any more. I did not like the appearance of the girls, so I took the handkerchiefs off the counter, and they went out immediately. I just stepped to the door and looked after them. Seeing they did not call in at any other of the shops, but walked on remarkably fast with a child in their arms, which gave me a strong suspicion they had got something; I immediately turned to the counter, and found one very remarkable piece of linen was missing. I know it was there not five minutes before: there were three or four or five and twenty yards of it; but they do not run all alike. I rang the bell for Mr. Webb to come down. I told him I had had two thieves here that had stole a piece of fine Irish. I went to the door, where was a poor woman standing: I asked her whether she saw two girls go out, and which way they went. She said straight down the road. I went in pursuit, but could not find them. The next day, I went through Field-Lane, in order if I could see any thing of the girls. I saw the prisoner standing with another girl at the One Tun. I went to some of the neighbours, and asked where a constable lived. They sent me to the prisoner Pain, he is a broker and keeps a cook's shop in the lane. I went and told him I wanted him. He went and fetched his staff. I shewed him the prisoner, and gave him charge of her. She went away with a barrow. He let her get near three parts of the way to Hatton-Garden before he would take her in charge: he took her in charge with great reluctance. Then we brought her to my master's. Crosier's father brought her to our house.

Thomas Crosier . I am father to Mary Crosier , the accomplice. I went home on the Saturday night, when Pain was standing at his door: he said to me, Whatever you do, keep your girl out of the way, and then there will be no lumber about this affair. I found my girl and secured her, and brought her to the prosecutor. Pain has three or four houses, which he lets out to bad people for lodgings.

Mary Crosier . One Thursday, in the afternoon, I met Mary Kynaston , and she asked me to go along with her to Smithfield. When we came to Mr. Webb's shop, she asked me to tie her apron behind. I knew there was something in it, but did not know what. I did tie it. She asked for some handkerchiefs, the man asked 2 s. 2 d. a piece. She bid him 20 d. He said he could not take it. Then we came out of the shop to the Cloysters; there she shewed me the cloth. We walked pretty fast, and went to Holborn: then she said she would go to Pain in Field-Lane and sell it. We went there; she went in and came out again with half a guinea and a shilling, and said he had given her six-pence a yard for it, and that there were twenty-three yards of it. She gave me six shillings all but three pence. I had a five-and-three-pence, and the rest in half-pence. I had seen a woman in Field-Lane, who told me she had seen Mr. Webb, who told her he would give her half a guinea, if she could tell where we were to be found, for the cloth was worth four pounds. Then Mary Kynaston said, We will go to Mr. Pain's, and ask him to give us half a crown more. We went, and his wife was at home. Kynaston asked him: he said he had given her enough already, and would give no more, for it was a very thin cloth. Mrs. Pain bid us go about our business, and said there should be no more given there.

Q. to Taylor. What was the cloth worth?

Taylor. It cost my master three shillings a yard; worth three pounds fifteen shillings.

Prosecutor. I searched the house of Pain on the Monday, but there was nothing found.

Kynaston's Defence.

Going up Holborn, the gentleman brought a constable and laid hold of me. I asked for what; for I did not know I had wronged any body.

Pain's Defence.

Crosier laid hold of me on the Sunday morning, and said my girl is got in a hobble, and I should be glad to speak with you.

Pain called William Brown , James Fox , Richard Smith , Samuel Soseby , Samuel Adey , and Samuel Mitcham , who all gave him the character of an honest man.

Kynaston Guilty . T .

Pain Guilty. T.14.

385. (L.) William Martin was indicted for stealing a cloth cardinal, value 12 s. the property of Timothy James , January 29, 1767 . ++

Acquitted .

See him tried before, No. 146 in Mr. Alderman Kite's Mayoralty; and see the trial of William Skeele , an accomplice in this fact, No. 180 in the said Mayoralty.

(L.) He was a second time indicted for stealing one silk stocking, value 6 s. and two ounces of white worsted , the property of Westfield King , Jan. 28 . ||

Westfield King. In January, 1767, I lived in Aldersgate-Street . There were three boys concerned in breaking my windows and taking the things mentioned, and by the evidence of an accomplice the other two were taken. One of them was the prisoner at the bar. I found a bill of indictment against him, and by some accident or other he was turned out of court before the trial came on.

John Clark . I was bail for the evidence against the prisoner. He is now gone to the East-Indies.

Acquitted .

386. (L.) William Harris was indicted for stealing a pair of silver shoe-buckles, value 20 s. the property of Benjamin Lucas , June 17 . ||

Benjamin Lucas . I am a goldsmith , and live in Gracechurch-Street. On the 17th of this instant the prisoner came into my shop about six in the evening, under pretence of buying a pair of silver buckle, and while I was weighing a pair, he was suspected by an evidence that is here of taking another pair. He was charged with them, and they were found upon him. I know they were in the drawer the day before.

Joseph Bridges . On the 17th of June I was going by Mr. Lucas's shop, and I saw the prisoner in it. I had a mistrust he was going to steal something. I saw a pair of buckles in his hand. I thought he put them in his pocket. When he was gone out, I stepped into Mr. Lucas's shop, and asked him if he had lost a pair. I could not stay for an answer, because the prisoner had set upon a run. I followed him into Lime-Street, took hold of him, and desired him to come back. He asked me what I wanted, and made a kind of an attempt to strike me. I evaded it. He set up a run again, I followed, and called, Stop thief! He was stopped by Rood-Lane. I bringing him back, he made a shuffling at his pocket. I said he had got them about him. I looked and saw the buckles in his pocket. I took them out and put a mark upon one of them. Here it is. (The buckles produced and deposed to by prosecutor.) There were two other pair of buckles found upon him, which have been delivered to the right owners.

The prisoner said nothing in his defence.

He called Robert Routh , Cornelius Darling , and Thomas Swan , who all gave him a good character.

Guilty . T .

387. (L.) John Chaney was indicted for stealing a pepper castor, value 15 s. the property of George Morris , May 16 . ||

George Morris . I am a watchmaker , and live in Westmoreland Buildings, Aldersgate-Street . On Whitsun-Tuesday, early in the morning, my maid told me she saw our watchman in our shop; that is, the prisoner at the bar. We missed a silver pepper caster, which we used to use in common. I took the prisoner up, and before my Lord Mayor he denied it in such a manner, that I thought him innocent, but the very next day he was discovered selling it.

Sarah Stevens . I am servant to Mr. Morris. As I was in my room I saw a light in our house. I got up, and through a glass window I saw a man, I believe it was the prisoner with his lanthorn in his hand, go out at the back door and pull it gently too after him. He was the watchman at our door. In the morning, between six and seven, we missed our pepper castor.

Isaac Pinfold . I am a goldsmith in Newgate-Street. On the second of June the prisoner brought this pepper castor to me to sell. He said he brought it from a poor woman that was going into Dulwich Almshouses. I weighed it, and gave him fourteen shillings and eight-pence for it. A person came into the shop, and said he knew that pepper castor to belong to Mr. Mo rris. I sent for Mr. Morris, and asked him to describe the castor, which he did before I shewed it him. The prisoner was then secured and committed. (Produced and deposed to by prosecutor.)

Prisoner's Defence.

A gentleman that lodged there coming home very much in liquor desired me to get him some brandy to wash his face with: he gave me a guinea instead of a shilling; I came back and gave it him, and he gave me a shilling.

Prosecutor. He had seen that gentleman home to my house that night, and whether the prisoner shut the door fast at going out I know not. That gentleman is now in the country.

Guilty . T .

388. (M.) John Loom was indicted for stealing two cloth waistcoats, value 4 s. one blue cloth pair of breeches, value 1 s. one pair of black stocking breeches, value 1 s. one great coat, value 2 s. two shirts, value 2 s. two stockings, value 2 s. and one case of instruments for drawing , the property of Thomas Brown , June 10 . *

Thomas Brown . On the 10th of June, about twelve at noon, from out of my lodgings, at Mr. Reed's, peruke maker in Dean-Street, Soho , I lost the articles mentioned in the indictment. I applied to Sir John Fielding the same day, and put them in the paper. On the 17th my landlord's boy was carrying out wigs, when he saw the prisoner with my great coat on. He let me know. I went and met with the prisoner at the Bell in a Court in St. Martin's-Lane. I took and carried him before Sir John Fielding . There the prisoner confessed where he had pawned some of the things. He went and shewed us; then he went with us to his lodgings. All the goods are here (Produced in Court and deposed to.)

Henry Wright . I heard the prisoner confess some of the things were at his lodgings, and some pawned. I went to the several places and found them.

Prisoner's Defence.

I am two hundred miles from any of my friends. I came from Liverpool. I have been a mate of a vessel.

Guilty . T .

389. (M.) Thomas Grinald was indicted for making an assault on John Mintern , on the King's highway, with a certain pistol, with a felonious intent the money of the said John to steal , May 13 . *

John Mintern . I am a watch-maker , and live in Shadwell. On the 13th of May I was going through Sun Tavern-Fields , about half an hour after ten at night, when I saw some men leaning upon some posts by the gap. A few yards before I got to the posts three men advanced, one of them said, Stand, and deliver your money; not a word, or we will blow your brains out. I retreated a few steps, drew a tuck out of my stick, and said, If you advance, you are a dead man, and immediately called murder. Upon that a number of people came to my assistance, and they all flew. I pursued the prisoner about ten yards; and he finding I was close upon him, he turned round and made a blow at my head with the pistol, which I catched with my hand; but it hurt my finger. He ran off, and I saw no more of him. I knew him the moment I saw him after, which was the next morning, at a public house, the Barley Mow, at the head of Gravel-Lane. I did not chuse to attempt to take him in the company he was in, but I gave information of him, and he was taken the Thursday following.

Thomas Robinson . I know the prisoner by the information the prosecutor gave of him. I took him up.

Prisoner's Defence.

That Saturday night I was drinking at the King's Arms in New Gravel-Lane: we went in about seven, and sat there till half an hour after ten: then I went to the Barley Mow and drank there till half after eleven. After that the prosecutor came and said three men had stopped him. I said, Should you know them again? He said he believed he should. On the Monday after I met the prosecutor again, coming up to the same place. He said nothing to me, and after that, when he saw me, he said he could swear to me by my handkerchief.

For the Prisoner.

Jeremiah Amlet . I drank with the prisoner that Saturday night, at the King's Arms, New Gravel-Lane, from a little after eight till almost eleven.

Hannah Man . I saw the prisoner at nine and ten, and just before eleven, at Mr. Greenwood's, at the King's Arms. He was alone.

John Mayfield . I keep the Barley Mow. I remember seeing him at my house on that Saturday evening. He came in about nine, and stayed a trifle of time, and went out again, and I saw him no more.

Mary Greenwood , Calcot Chambers, Cutbbert Alder, Mary Owen , Michael Murphy , and Oliver Bourn , gave him a good character.

Guilty . T .

390, 391, 392. (M.) Robert Merry , Richard Belcher , and Samuel Cornwall , were indicted for making an assault on James Weeden on the King's Highway, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 40 s. a silk and cotton handkerchief, value 6 d. and a linen handkerchief, value 6 d. the property of the said James , May 27 . ++

James Weeden . I am a feeder of poultry , and live at Mr. Boswell's at Stratford. On the 27th of May, about twelve at night, I was stopped by four footpads on Bow-road , as I was going home; two past by me on my left hand and the other two went on the other side the way; they crossed the way upon me by the two mile stone, and all four stopped me. One took my handkerchief from my neck, and another my watch from my pocket. They used me very ill, and beat me with sticks, and said they must have what money I had got. I said I had none (for I had none). They beat me terribly. One ran after me after I was gone, and would have beat me terribly, but was prevented by the post. It was dark. I cannot swear to the men. I think one of them was in a waistcoat. I went home as well as I could, but cannot tell which way they went. I was very sore and ill. This was on a Saturday night. I went and advertised it on the Monday. The watchmaker that made my watch, drew up the advertisement. I have not seen the watch nor handkerchiefs since.

William Howard . I was in company with the three prisoners. I have known Merry longer than any of the others. I lived fellow-servant with him at the Boar's head, St. Margaret's-hill, at a livery-stable. I had but a very slight acquaintance with the other two. Bob and I had been together the day before, and coming down Whitechapel, he said, he was going to his father's, and ordered me to wait for him; then I saw Belcher, he said, Where is Bob? I said I was waiting for him. Said he, Will you take a walk with me to the Change? We went in at the Coach and Horses, Samuel Cornwall followed us, and soon came in Bob Merry . We staid drinking from nine till half an hour past eleven. Then we came out and walked down Whitechapel. Going along, we cut four sticks. The watchman followed us from the watch-house to Mile-End turnpike. When we came on the other side of the weighing place he turned back; then we walked on a little farther than the Plough, when I saw this man come along. Dick Belcher and Sam went over first; they were a-head of him; they turned and met him. Then Bob and I went over, and all four came up to him at once. Sam laid hold of him by the collar. I said, My friend, if you have any money, give it us, and struck him with my fist on one side of his face. The others hit him with their sticks several times. I put my hand into his left hand breeches pocket, there was no money. I took his watch and his handkerchief from his neck. There was another wrapped on the inside that. After that, I went about my business, and Dick the butcher followed him, and I believe would have beat him, had it not been for somebody coming. After that they began d - ning me for running away. We then made for Stepney, and so round to Red-lion-street, Whitechapel. Dick and Bob lay at a bawdy-house, the Coach and Horses in Colchester-street, and Sam and I went down to Billingsgate. I had the watch and two handkerchiefs. At parting we all made an agreement to be at the Three-Wheelers in Petticoat-lane, which we did in the morning. Dick went and sold the handkerchiefs for eighteen-pence, as he told us. We spent the remainder of the day there. Bob said he had a brother in the Borough, and he would go and see if he could not dispose of the watch to him. We went and waited in the fields opposite the King's-Bench, while he went to sell it. He came back and said his brother had no money. Then we went to the city, and I went to a girl that I used to be along with. Bob went into Duke's-place, and offered the watch to sell. He then came back, and said he went to Joe Barber and got a quid for it, (that is, a guinea): I saw some of the money, but I do not think I got a shilling of it. They paid part of my share of the reckoning at the Three Wheelers in Petticoat-lane; there we had some beef-steakes for breakfast.

Joseph Levi . I drive a hackney-coach. On Sunday, I believe the 28th of May, about two in the afternoon, I was standing at the Plaisterers-Arms in Shoemaker-row, where Bob Merry and Sam came to me, and said, How do you do? This Bob was a post-boy. I said I had no money, or I would ask them to drink. Bob said, Will you buy a watch? I said I would go with them to Duke's-place to sell it. I went with them. They asked two guineas for it; they were bid a guinea. We came back again to the Plaisterers-Arms. I said, Stay till to-morrow, and I'll go with you and get you two guineas for it of a silversmith in Whitechapel. They went away, and came again in about ten minutes: they said they had money to pay to the washerwoman, so they must sell it; they said they had had no victuals, and was just come out of the hospital, and was going into the country and their shirts were left at an alehouse for their reckoning; they said, they did not mind a shilling, more or less. Bob said he had had it two years. There was a name on the dial-plate instead of figures; the name was JAMES WEEDEN , and for the twelfth letter was a star. Upon the work was the maker's name. We went to a Dutchman in Duke's-place, and got twenty-two shillings for it, and they gave me a shilling of the money; but I can't find the Dutchman since. On the Tuesday or Wednesday following I was sitting at the Red-lion, and there came Weeden and another man and Sir John Fielding 's clerk; they said, there is such a man taken up on suspicion of a watch; then I described this watch to them, and told them who sold it. They desired me to go to Sir John Fielding the next day. I did. I saw Dick Belcher and Bob Merry there. I told Sir John as I have here, and that I knew nothing against Belcher; he was not with them.

Q. Do you know any thing of watches?

Levi. I dealt in them at Sheerness the time of the war.

Q. What are you?

Levi. I was born a Jew. The Dutchman was no Jew.

Andrew Robinson . I am an officer belonging to Whitechapel Court. I was at the apprehending Cornwall: the others were then in custody. I asked him if he knew Belcher, he said he did not. I took him upon Bow-road, at the Why-not, a public-house. I found a brass candlestick in his pocket. He fell a crying, and said he never was concerned with Belcher but once, and that was in robbing a man of two handkerchiefs and a watch upon Bow-road; that he met them by accident, and they asked him to go with them: there was Richard Smith , Pointer and another heard it: he was taken before Justice Kelynge, there he said the same.

Richard Smith . I know no more than what Robinson has said as to his acknowledging it.

Q. to Prosecutor. How did you describe the watch in the advertisement?

Prosecutor. I cannot read. The News-paper produced and read to this purport.

"Lost last Friday night, a silver watch, maker's name Edward Knight , No. 386, enameled dial plate. The name round the plate James Weeden . "

Merry's Defence.

I know nothing of it. If they have a mind to swear a man's life away, I can't help it.

Belcher's Defence.

I never was in the evidence's company but once in my life.

He called John Long , Richard Lawrence , Richard Smith , Thomas Deadman , Thomas Goaenough, William Lucas, William Tennet , George Crow , Thomas Steed , and Francis Bishop, who said he was a butcher, and several a of them had employed him, and gave him a good character.

Cornwall's Defence.

I never saw the evidence but once in my life. I could not confess it, for I knew nothing of it.

All three Guilty. Death . Recommended .

(M.) Merry and Belcher were a second time indicted for making an assault on George Gillar on the King's highway, and taking from his person a silver watch, value 40 s. three guineas, a 9 s. piece, and 1 s the property of the said George . May 28 ++

George Gillar . I am a paper stainer . On the 28th of May, near twelve at night, I was met by three men on the Kingsland-road , between the Fox and Adams's Curiosity-house. One catched hold of my collar, and one came on one side, the other on the other; they said they wanted my money. They took my watch, three guineas, a nine shilling piece, and one shilling from me. It was dark. I could not know one of them.

John Patchett . I am a butcher. I live in Buckle-street, Whitechapel. On the 29th of May, going to Stepney, I met Belcher, he took me in at the Green-Dragon to drink some cyder; there was William Howard sitting, whom I had never seen before. I sat down with them. Belcher asked me if I would buy a watch. He desired Howard to see it. Howard delivered it to me. I said, What do you ask for it? He asked two guineas. I said, Will you take a guinea and a half? Belcher said, No. Howard said, By G - d, you shall have it. I said, I have not money enough about me. We went to my house. Then I said I must go out and borrow it. I went over the way to Mr. Brebrook's, and told him there were two men had a watch to sell, which I believed they had stole; then we consulted what to do. I went to them and said I could not borrow the money without carrying the watch as a pledge. They let me have it. I carried it to Brebrook. Then I went back to them and told them I had been advertised. Belcher said he was sue it had not, for he had it of a man in Wapping. Then I said, Come over the way to Brebrook; they both set out to go, but Belcher ran away to a public-house in Whitechapel, and sent Bob Merry, who said he knew the watch belonged to Belcher, and said I had better give it him again. I gave charge of him before the Justice the next day. As nobody could prove it stolen, the watch was delivered back again. After which, I pawned it for him, and fetched it out again to carry before Sir John Fielding . (The watch produced.)

Prosecutor. This is my watch, which I was robbed of that night. I have had it two years and a half.

William Howard . I was in company with the two prisoners when we robbed the prosecutor on the other side the Curiosity-house. I took two guineas, a nine shilling piece, eighteen-pence in silver, and two or three pennyworth of halfpence. Bob Merry took his watch. We went all to Billingsgate and spent the remainder of the night there. In the afternoon we took a walk to Stepney with a couple of girls; there I saw Patchett. I had never been in his company before. ( The rest as Patchett had deposed.)

Merry's Defence.

I know nothing of the watch nor them neither.

Belcher's Defence.

I never was in Howard's company but once in my life, that was about ten days before I was taken. He was drinking a pint of beer with two girls. He struck one of them. I said, that was not a manly action. He said. You dog, I'll strike you. I pulled off my clothes, but he ran away. I never saw him after till the 29th of May, when he asked me to take a walk to Stepney. Then he offered me half a crown if I could help him to a person to buy a watch; then Patchett came there. Afterwards they went to agree for it.

Merry acquitted .

Belcher guilty . Death .

(M.) Merry was a third time indicted for stealing a bay gelding, value 16 l. and a black mare, value 8 l. the property of Samuel Smart , April 18 . +

The Prosecutor keeps the Boar's-Head inn in the Borough, and Merry and Howard had both lived in service there. The stable door was found broke open, and the horse and mare taken out. They were found again at the Nag's-Head at Hackney, after having been rode exceeding hard. There was no evidence to the fact but Howard, whom the Court thought not p roper to give credit to. He was not examined.

Acquitted .

393. (M.) William Sims was indicted for stealing nine pieces of copper, value 3 s. the property of persons unknown, May 20 . *

Acquitted .

394, 395, 396. (M.) John Browning , Joseph Browning , and James Coleman , were indicted for stealing four large bars of new iron, containing 284 pounds, value 27 s. the property of persons unknown, June 10 . *

All three acquitted .

397, 398. (M.) Sarah Strutt and Sarah Laycock , spinsters , were indicted for stealing five silk handkerchiefs, value 5 s. the property of Joseph Waterman , May 13 . ||

Joseph Waterman . I live in Coventry Street, St. James's. The prisoners came to my shop on the 13th of May, under pretence of buying some handkerchiefs: they gave me a great deal of trouble, and none would please them. After they had been gone out of my shop about two minutes, I missed some handkerchiefs. I pursued and overtook them at about 150 yards distance from my shop. I accused them; they denied it, and used me with very ill language. I brought them back, and under Strutt's cloak were found these handkerchiefs, my property. ( Producing five silk handkerchiefs.)

William Whiteside . I saw Mr. Waterman take this piece of handkerchiefs from under Strutt's cloke.

The prisoner's said nothing in their defence.

Strutt guilty . T .

Laycock acquitted .

399. (M.) John Morris was indicted for stealing two green stuff damask window curtains, value 5 s. a pier glass, value 10 s. and one Kidderminster carpet, value 10 s. the property of Mary Cox , of Battersea , widow ; April 7 . ||

The prosecutor's house was broke open, and those goods and more were missing, between the beginning of March and the 26th of May, the time she was absent from her house. The things in the indictment were found part in the prisoner's lodgings, and part sold by him to a broker, which were produced and deposed to by prosecutrix; but there being no proof how the prisoner came by them, he was acquitted .

See him tried and convicted for another offence, Last sessions, No. 320.

400. (L.) William Delwyn was indicted for stealing a wooden firkin, value 1 s. and fifty pounds weight of butter, value 20 s. the property of John Moore and James Strange , May 23 . ||

Hammond Parker . I live with Mess. More and Strange, cheesemongers in Bishopsgate street. On the 23d of May we lost a firkin of butter from Priddle and Mould's door in Newgate-street . It was sent up there from the wharf, the net weight 56 pounds.

John Smith . I was coming by Priddle and Mould's door, when I saw the prisoner take a firkin of butter up and carry it down St. Martin's-le-Grand. I thought he was no porter by his taking it up so aukwardly.

John Ellis . I pursued the prisoner and brought him back, and he and the butter were carried before my Lord-mayor, when he was committed.

Parker. I saw the butter before my Lord-mayor; it was the property of Mess. More and Strange.

Prisoner's Defence.

A gentleman-like man gave me 2 d. to carry it to the Faulcon and Castle inn.

Guilty . T .

401. (L.) Mary, wife of John, Bullock was indicted for stealing a mahogany tea chest, value 2 s. three tin canisters, value 1 s. 6 d. six silver tea spoons, value 3 s. one pair of silver tea tongs, value 2 s. the property of Benjamin Geary , May 21 . ||

Acquitted .

402. (M.) James M'Laughlan was indicted for ripping and stealing 150 pounds weight of lead, fixed to a summer house belonging to Humphrey Heydon , June 16 . ||

Acquitted .

He was a second time indicted for stealing three wooden pails, value 10 d. the property of John Lamb , June 15 .

The prosecutor did not appear.

Acquitted.

He was detained to be tried at Hicks's Hall, for stealing boards.

403. (M.) Mary Evans , spinster , was indicted for robbing Martha Englestone , spinster , on the King's highway, of 3 s. in money, numbered , the property of Mary Parker , widow , June 27 . ||

Martha Englestone . Last Tuesday in the morning I was going to Covent Garden to buy some gooseberries; the woman at the bar met me in Bridges Street , between three and four in the morning. She asked me for my money. I said I had none. She said if I would not let her search me, she would have my life. She took 3 s. out of my bosom.

Q. Whose property was it?

Englestone. It was my own property. I had saved it up to go to market.

The indictment being laid wrong, she was acquitted .

404. (M.) Robert King was indicted for robbing Timothy M'Mahone in a certain field near the King's highway, and taking from his person twenty guineas, and a gold ring, value 20 s. the property of the said Timothy, July 2 . ||

Acquitted .

405. (M.) William Brown , otherwise Dunk , was indicted for breaking the dwelling house of William Jones , on the 28th of May , in the night-time, with intent the goods of the said William Jones to steal . ||

William Jones . I live in Queen Court, Great Queen Street, St. Giles's . On the 28th. of May I was awaked in the night by a noise at my parlour window. I lay still; then the shutter burst open, a square of glass was broke, and came into the room near my bed. I jumped out of bed and saw the prisoner with his hand in unscrewing the screw that fastens the Sash down. I ran to the window. He stepped back. I stood there a little, and he came up to it again. I opened the street door, and called Stop thief! He was pursued and taken by William Goodall the watchman.

The word entering being by mistake omitted in the indictment, he could not be charged with the burglary.

Acquitted.

He was a second time indicted for returning from transportation, after receiving sentence to be transported during his natural life , May 29 . ++

William Haliburton produced a copy of the record (which was read in Court) of the prisoner's conviction at Hertford assize in March 1768, for robbing Richard Hassel , Esq; on the King's highway in the county of Hertford. He received sentence of death, and afterwards received his majesty's pardon on condition of being transported during his natural life.

Haliburton. The prisoner is the person whose name is mentioned in the record. I was at Hertford and saw him tried. There were four concerned in robbing Mr. Hassel. The prisoner and one Warner were found guilty. The other was acquitted, and the fourth was evidence.

Joseph Stevenson . I was the prisoner tried at Hertford assize for robbing Justice Hassel.

William Goodall . I saw the prisoner at large that night, being the 29th of May, and in the morning I took him for breaking Mr. Jones's house. I took him by the corner of Little Queen Street.

Guilty . Death .

406, 407. (M.) Ruben Harris was indicted for stealing four bushels of tares, value 10 s. and a hempen sack, value 12 d. the property of John Dalrymple , and John More , for receiving the same, well knowing them to have been stolen , April 4 . *

John Dalrymple . On the fourth of April I lost four bushels of tares in a sack, out of a lighter on the river Thames . On the first of June, Reuben Harris was detected in stealing four bushels of malt; I saw him in a boat with the sacks marked with my name at length. At that time he confessed he had stole this sack of tares, and sold it to Mr. More for six shillings. More was taken up, and he owned he gave the tares to his pigs. The prisoners then quarrelled, and accused one another.

Harris's Defence.

I was in liquor. I rowed a man to Wapping Old Stairs, and somebody took my boat away, and I found my boat with four sacks of malt in her.

Both acquitted .

(M.) Reuben Harris was a second time indicted for stealing 16 bushels of malt, value 45 s. and four hempen sacks, value 4 s. the property of John Dalrymple , the same being in a certain lighter, on the navigable river of Thames , June 1 . *

John Dalrymple . On the 31st of May I took in a quantity of malt on board a lighter, in all there were 109 quarters and six bushels. I could not get through bridge to deliver them to the brewer. I made the barge fast to her moorings, and about half an hour after one the next morning. I was called out of bed by Joseph Dunkin , one of his majesty's officers in the Customs; he told me he had detected a man with four sacks of my malt. I went down immediately, and found Reuben Harris in a waterman's boat. He was standing upon four sacks of my malt. The sacks were marked with my name at length in red. (Produced in Court, and deposed to.) I asked him how he came by that malt. His answer was, a man at St. Catherine's Stairs's had hired him to carry it down to Cherry Garden. I asked him to whose house; he said he did not know, but there was a man waiting there for it. After some prevarications I told him he must expect no favour; he was the first I had caught, and I having been robbed several times, I would punish him. At last he said, It is a folly to deny it, the fact is too plain, and go I must, and I'll tell you the truth. He then said, It is your malt; I stole it out of your barge. I'll go with you and shew you which barge it is. He went with me in the same boat, and shewed me the particular place in the barge where he took them from, and there they were missing. I asked him what he was going to do with them; he said he was employed by John More , and he confessed the same before Sir John Fielding .

Prisoner's Defence.

He promised he would get me clear if possible.

Prosecutor. I never made him any such promise: I never thought of it. I was determined to prosecute him.

Guilty. 39 s.

(M.) He was a third time indicted for stealing one four bushel hempen sack, value 15 d. the property of Robert Burnett , the younger , and John More a second time for receiving the same, well knowing it to have been stolen , June 1 . *

Robert Burnett . On the first of June Mr. Dalrymple called upon me and told me he had a man in custody that had stole some malt out of his craft, and he had given him an account of John More as a receiver; he knowing I had been a considerable loser of corn, desired I would get a search-warrant against More. I sent one of my servants along with them. They brought a sack to me with my name at length on it.

John Dalrymple . I received that sack of Mr. Segwick the constable about the third or fourth of June. It had Mr. Burnett's name at length upon it. At the time More was committed, he sent Mr. Segwick down to his house, and told him this sack was upon the top of his house. I heared Harris confess that he stole this sack.

James Segwick . I am a constable for the parish of Mile-End. On the first of June I had a warrant to search the house of More. The door was fastened, a person with me saw a door open, and he got in and catched More getting over a wall from his back yard. Then I began to search. I found nothing in the lower room or the chamber. In the garret we found five bushels of rye in a sack. There was a mark upon it, but no name. We took More to Sir John Fielding . Going along he begged for mercy, but Mr. Dalrymple told him he must expect none from him. Sir John Fielding was not at home. He was ordered for examination another day. Then More told Mr. Dalrymple he would confess all: he owned to twenty-six sacks in my hearing, that he bought of Harris, and that he knew Harris stole them, and he gave him half the value for them, and said if we looked upon the top of his pantiles, we should find three sacks. I went, but found only two, one of which is this. (Produced in Court, and deposed to by Prosecutor.)

Harris's Defence.

I know nothing of what they talk about.

More said nothing in his defence.

Harris guilty . T .

More guilty. T. 14.

408. (M.) William Smith was indicted for stealing a silver watch, value 40 s. the property of John Turbuck , May 29 . ++

John Turbuck . I am a tinman , and live in Shoreditch . I had been out on the Thursday before Whitsunday, and when I came back I missed my watch from a nail where it used to hang. I asked my boy who had been there; he said nobody but a boy (meaning the prisoner) with a piece of lead to sell, and that he had staid in the shop about ten minutes. On the 29th of May a man came and asked me if I had not lost a watch; I said I had, and described it to him. He said he saw a boy, which was the prisoner, have a watch which he sold to a man that is gone out of town. I got a warrant of suspicion, and took up the prisoner. I took him before a magistrate. After the justice had talked to him he fell a crying, and said, A man threatened him if he would not steal my watch; that he did steal it, and sold it the man for half a guinea. I found that man went into the country that very same 29th May, and I went as far as Fenny-Stratford after him. As my watch used to hang, the boy might see it through the glass door when in the street. The watch is in pawn in Nortonfalgate, at Mr. Delforce's: I saw it there. My errand boy is but nine years old.

Christopher Cole . I am an officer. I took up the boy at the bar; going to the justice he denied the fact, but when before the justice he confessed, that one of the men, where the boy works with his father, (carpenters) gave him a piece of lead, and bid him go into the shop and sell it; but the master not being at home he left it. The man asked him if he had brought the watch; he said, No. The man said, Go again, and give the errand boy a button out of your sleeve for some tin, and while he is stooping run away with the watch. He went again, and said, Here are two or three pieces of tin, I will give you these buttons for them, and while the boy was stooping for the tin, he went and took the watch, and the man offered him half a guinea for it. The boy said that was too little for a watch. The man said, If you do not let me have it, I will tell your father. Then he let him have it; but was so frightened, that he went and threw the half guinea into the river Thames.

Prisoner's Defence.

The man took it, while the errand boy went down into the cellar. I am not fourteen years old.

William Smith . I am father to the prisoner. I brought him up to my business. My master sent me to jobb, and while I was gone he was drawn in to this by an Irishman. The boy has behaved well in the general.

Matthias Marshal . I have known the prisoner two or three years. I never heard any thing amiss of him before this.

Guilty . B .

409. (M.) Barnaby Lions was indicted for stealing a silver watch, value 20 s. the property of Richard Williams , June 28 . ++

Richard Williams . I live by Pimlicoe . The prisoner came to live servant with me last Sunday. My watch was taken from my bed's head on Wednesday in the afternoon. He asked me leave to go to setch some of his things, as he pretended, but did not return. I went to the person I hired him from, and asked if he had seen any thing of him: he said he had seen him, and saw he had a watch in his pocket. I went to Sir John Fielding and got a warrant, but before I got home the prisoner was come back. I sent for a constable and charged him. He owned he had taken and pawned my watch by the New Church in the Strand. I went and found it there; and the duplicate was found in the prisoner's pocket.

Joseph Wassel . I am servant to Mr. Brooks, a pawnbroker. The prisoner pledged this watch with me the 28th instant for a guinea. (Produced and deposed to by the Prosecutor.)

Prisoner's Defence.

I leave myself to the mercy of the court.

Guilty . T .

410. (M.) Robert Bothin was indicted for stealing a guinea , the property of Thomas Monday , June 15 . ++

Thomas Monday . I live in East-Smithfield : the prisoner is my apprentice . He called me up the 15th of June in the morning, and asked me if I had left my compting-house window open; saying it was open. I went and missed fourteen guineas. I had left it in a bason, covered with a paper, on the table. I had a susspicion of him, and charged him with it: he denied it for three hours, but afterwards he acknowledged the fact, and produced nine guineas of it. He is but seventeen years old. I only charge him in the indictment with one guinea.

Prisoner. I own I am guilty. I happened to see the money lie there, and I took it.

Guilty . T .

411. (M.) Susanna Garner , widow , was indicted for feloniously and maliciously setting fire to a dwelling house belonging to Dorothy Stevens , widow , in the occupation of the prisoner, with intent to set on fire the dwelling houses of Miles Wells , John Lague , and Rebecca Swinbourn , June 26 . *

- Hallum, Esq; I live at the corner of Charles Street: in Parliament Street . I am Proprietor of several houses in that neighbourhood. Last Monday morning I was called out of bed about seven o'clock, on account of a fire. I went immediately to the house of the prisoner, and saw the fire gushing out from the door and window at the fore part of the house on the ground floor. The house was soon entirely burnt, all except the shell. Miles Well 's house which was next to it suffered damage.

Robert Barber . I lives in Charles Street, opposite the prisoner's house. My maid knocked at my chamber door, and said, For God's sake get up, we shall be all in flames. I got up. This was about a quarter after six. My man then knocked the prisoner's door open, and the flames came out. The house was soon burnt down, all but the wall. Miles Well 's house was damaged, the wainscot was burned. I saw another house behind that on fire.

Miles Wells . I am a tallow-chandler, and live next door to the prisoner. I was knocked up in a very great hurry in the morning between six and seven. The prisoner 's house was on the fire. I saw in a little time my house on fire in several places. We were very busy in getting my goods out of a one pair of stairs room. I saw the rafters of my garret on fire, which the firemen put out. I know, about ten days or a fortnight before the fire, the prisoner was removing some of her goods, and they were putting some back again the day before the fire.

William Baldwin . There is one house between the prisoner's and mine, but as my porter was taking down the shutters about half an hour after six this day seven night, he said he thought he smelt fire as he came by the prisoner's house. I thought I smelt it very strong. I saw some smoke come out of the prisoner's house. I instantly ordered the shutters to be broke open; then the flames burst out. After the smoke began to clear away I could discern the fire to proceed from under the stair-case; that seemed to be on fire first. I looked at my watch, and it wanted exactly twenty minutes of seven. The house was soon burnt down, all but the wall. I saw a window of Mr. John Lague 's house all in flames, and Mr. Well's houses, the back part of the roof of it: the roof of the uninhabited house between the prisoner's and mine was also burnt. I saw nothing in the prisoner's shop but a parcel of lumber.

John Burgess . I live three doors beyond where the fire was in the Charles Street. I was going out between six and seven, when at my door there was an alarm of fire. I went to the prisoner's door; the smoke came out at the window, and there was a cracking within side like a bon-fire in the street, when it is about half lighted. A person knocked the door open with a hammer, and the fire gushed out very much from the stairscase. They immediately pulled down the shutters, and broke the glass. The fire issued out from thence, and got a-head prodigiously, and destroyed the inside of the house from top to bottom. I saw the roof of Mr. Wells's house on fire.

Jane Gilcrest . I lodged in the prisoner's house, in a three pair of stairs room. On Sunday the 25th of June, about twelve at noon, I was dressing myself to go abroad, when on a sudden my door opened, which was locked on the inside. I was greatly surprised at it. I turned round and there was the prisoner. I asked her what she wanted. She said she thought I had been abroad. Then she said she should be obliged to me if I would go down to answer at the door, for she did not care to see any of her acquaintance that day. I was to inform them that she and her children were gone out. I went down, but no body was at the door. I went up again, and went out with my child a little after twelve, and returned about two. Then the prisoner asked if I should be at home or abroad. I said I was not certain. She said she was going out, and I was desired to let her in. (The lock of the street door was out of order, and the key would not open it on the outside.) I did not go out. She came up between eight and nine to light a candle. She said she was in a bad neighbourhood, but she had taken care of herself. She went away, and desired I would let her in at ten. She came home a little after twelve. I let her in with another woman with her: that woman had a lighted candle in her hand, and a whole one not lighted, seemingly of about four in the pound. The prisoner took and lighted the whole candle by the other, came in, and wished the other woman a good night. She shut the door, which I bolted and double locked, left the key in it, went up stairs, and left her standing at the door to go into the parlour. I saw her no more till the Wednesday morning, before Justice Miller. I was awaked in the morning by the cry of fire: my husband was in the bed with me, and my child about three years old. He got out, and found the room full of smoke; he looked out at the window, and the people called to him to come down: he opened the door and went to the top of the stairs, and the smoke met him, so that he could not go down: then he said, We are all gone! He then went to the child that was asleep, and took and laid her out at the window in the gutter; (there was a parapet wall;) he then took me in his arms and lifted me up, and assisted me to get out into the gutter, and followed me. I then had the child in my arms. We were only in our shirt and shift. I with the fright found myself fainting, upon which he took the child, and pushed me on my side towards the tiles, so that I should not fall over; he went with the child over the top of one house and carried it to the top of another; it is a flat roof; he left the child, and came and assisted me up to the child; but we saw no way to get down. After we had stayed some time, there came somebody out at a trap-door, and we went down into the house, where we got some clothes. There was no body in the house when I let the prisoner in but she, my husband, self, and child. On the Sunday morning there stood a mahogany table by the shop window with a large feather bed upon it, and behind the door stood another with a feather bed upon it. She had two children and a niece that she kept in the house then, but when she came up to light her candle, between eight and nine, they were gone.

Peter Gilcrest . I can give no farther account than what my wife has.

Elizabeth Bull . I am a servant to Mrs. Ashby, next door but one to the prisoner. I heard the prisoner tell my mistress, if she was forced to leave her house, she would either pull it down, or set it on fire. This was about three or four months ago. This she spoke seriously. My mistress is now out of town.

Jane M'Gin. I live in Crown-Street, which is at the back of Charles Street. I saw the prisoner, between seven and eight on the Sunday evening before the fire, several times standing at her own door. I saw her three children put in a coach with a trunk and several bundles; one seemed like a sheet or table cloth with things in it; and they went off I do not know where.

Esther Fitzwater . I live in Petty France, Westminster. I saw the prisoner in King-Street, about twenty yards from her own house, on Monday morning, about a quarter after six: she was walking a great pace towards Charing-Cross alone.

John Mills . The morning her house was on fire I looked in at the window of the shop about twenty minutes before seven; there was a basket seemingly to be used to carry greens in, some straw, and leaves of greens, and nothing else but a few old boards. I could see all over the shop.

Clement Scot . I broke open the prisoner's door with a hammer, but I saw no goods at all besides a bit of an old basket and a bit or two of board: the place looked as if the goods had been moved.

John Scot . I broke a pane of glass and looked in, but saw nothing in the shop except some rubbish.

Robert Mograge . I am a shoemaker, and live next door to the Bagnio, Charing-Cross. On that Monday, near eight in the morning, a man met the prisoner at my door, and said something to her; he seemed to be in a terrible flurry. I begged of her to come in: she said she hoped no body was burned, and that she went out about five in the morning. She said she had a candle to see to pack up her goods. There were two men with her, Mr. Thompson was one of them. The other man said he was going to take her goods away for her.

John Thomson . I have lodgings at Vauxhall, and hearing there was a fire, I came over to Westminster. I enquired, and found it was at the prisoner's house. They told me she was absconded. After that, going to my father's in the Strand, I met her. I said, How do you do? I suppose you have heard of your misfortune. No, said she. I said, Did you not hear your house is burned down to the ground? Said she, Good God! I hope not. What next affliction is to come upon me? She immediately burst into tears, and said she could not stand. Then the gentleman asked her to come into the shop. She went in. I said to her, If you can walk, I should be glad you would go down there, for people said very uncivil things of you. Go, and satisfy them you had no hand in it. When we got to the end of the street, she sat down, and said she could go no farther. We went in at a public-house in King-Street, but the crowd was so great, we could not get along. I once lodged in her house.

James Jones . I am a publican, and live in Charles-street. I arrested the prisoner on the 3d of June for two pound thirteen shillings, carried her over last Monday to the Marshalsea, and left her there; but she got bail, and came home again in a day or two. She beckoned me as I was on the farther side the street, and said, I am come home again. I replied, I am glad of it. Curse you all, said she, I shall see you all in flames yet.

John Nicholson . I live in Charles-street, five houses from her house, and I was there when the smith broke the door open. I immediately throwed water on the shutters of two houses fronting; then I went up upon the top of Mr. Well's house. I saw two of the rafters on fire. I called for water, by which I saved his house. When I stood opposite the prisoner's house in the street, I could see through into the parlour as clear as I can see here; there was nothing at all in it.

Henrietta Obrien . I live in Charles-street. As I was going past the prisoner's house, about six or seven weeks ago, she was lamenting the loss of her child. I said, I was very sorry for it. She replied, The stink of Mr. Well's tallow was the death of her child; but she would see them out. She said she never saw such a place as Charles-street, for there were no neighbours; but she would be revenged. Whether she meant of Mr. Wells, or the neighbours, I cannot say.

Edward Rowley . I am clerk to the Sun-fire-office. It appears by our books there was an assurance on the prisoner's house.

Baldwin. The house belongs to Dorothy Stevens .

Mr. Hudson. I lived in the house which the prisoner did. I quitted it at Michaelmas last, and I paid my rent to Mr. Sinclare, Mrs. Steven's rent-gatherer.

Prisoner's Defence.

I am not guilty. My reason for not opening the door that Sunday was, because I had washed a few things on the Saturday, to dry on the Sunday morning to put on my children.

For the Prisoner.

John Low . I am a master taylor. The prisoner applied to me to move her goods into my house, in Crown-street, about five or six weeks ago; her husband was in the King's-Bench, but was to come out on the next day. He died the Saturday following. She wrung her hands, and cried, and said her husband had given a bond and judgment unknown to her for seventy-two pounds thirteen shillings, and she should be ruined. There were some goods removed to my house; there they remained till the 23d of June, when they were taken back and put in at the same window they came out at. I have known her fourteen or fifteen years, and I know no ill of her.

John Morris . I am a shoemaker, and live in New Turnstile, Holborn. The prisoner hired a room of me about a fortnight or three weeks ago; she came to me that Monday morning the fire was, to desire me to come to take two bedsteads down for her, and see that the carman took care of the goods. I understood she was coming that day to my house. I went with her to Charing-Cross; there I was to hire two carts. I hired two. When I came back, Mr. Thompson met her and asked her where she had been. She did not appear to be in any concern of mind till he told her of the melancholy accident of her house being burned down; then she fell against a shoemaker's shop. I took her up in my arms, led her into the shop, and ran away directly to see if it was so or not.

John Rogers . I was at the prisoner's house between seven and eight o'clock that Sunday night; I saw two beds in her shop, one in a window, and the other in a chair.

Elizabeth Redford . I live at the end of George-street. Last Sunday, at twelve in the day, she sent for me. I saw some goods there. I made an agreement with her for a bed, which I was to fetch on the Monday morning. She was drying things before the fire. She supped with me between eight and nine, and I went with her in the night and carried a candlestick and candle, and lent her another candle, which she lighted by mine.

John Rundle . I was at the prisoner's house on Saturday morning the 24th of June, about ten o'clock. I saw two or three little children in bed on the floor; I also saw some chairs and other things, to a great number.

John Mesure . I have known her above eight years. I never heard any body give her a bad character.

Acquitted .

412. (M.) James Lensdon was indicted for stealing a silver watch, value 40 s. three silk handkerchiefs, and a muslin neckcloth , the property of William Dailey , June 28 . ++

Acquitted .

413. (L.) JOHN Lutmore was indicted for that he, being a wicked and evil-disposed person, intending to cheat and defraud, did, on the 26th of May , craftily, deceitfully, and injuriously, sell to Richard Ward , a certain false and base ingot, being a composition of lead, gold and copper, as the ends were good, and the middle a mixed metal of little or no value . ++

Richard Ward . I am servant to Messrs. Plumb and Brown, refiners. The prisoner calls himself a jeweller .

Q. What is the nature of your business?

Ward. We buy a good many ingots of jewellers. Here are two that the prisoner brought us (producing them) on the 25th of May; one is nine ounces four pennyweights, and left in order to be valued.

Q. What are they?

Ward. They are gold and silver partings. The quantity of a pennyweight I took from one end, to try it. One I paid him six pound eight shillings and eleven-pence for. Here is another that never was bought. On the 26th he came for the money, about one o'clock, when our foreman said the prisoner had made use of base means to deceive. Then I took a piece out of the middle and sent it to Mr. Bradbury to be assayed; that bore but two shillings and sixpence an ounce; the other was fourteen shillings and a penny. This was delivered to us as being all of a value. Finding this difference, and that the prisoner was gone, I imagined he would come again in a little time. On Wednesday the 31st of May, a person, who said he was foreman to he prisoner, came with another ingot, and in cutting the ends off, we found it was alike at the ends, but the middle was much like the other. We told him we found a difference in the ingot, and should be very glad if Mr. Lutmore would come himself to know how such an affair should be settled. I think the day after he came, and seemed to be greatly surprized there should be a difference in the ingot. I told him there was, and I was surprized to think he should use us in that manner. He said he was sorry it was so, but if we would melt the ingot down, he would pay the difference, saying he had it of a German Jew. I told him, if he did not produce this German Jew, he must expect the consequence of the law, and added, I was surprized he could take things of a German Jew that he knew nothing of till they were tried. I asked him how much he thought he had defrauded us of within these twelve months; he said about five or six and twenty pounds. I desired him to wait till Mr. Plumb came. When Mr. Plumb came, then the prisoner said he would bring the German Jew, but he never came. We received a letter that he was absconded. I went to enquire, and found he had absconded in a very base manner. Mr. Cox, who has another ingot in the like manner, which he had of the prisoner, he took him up, and brought him to our compting-house. It being late that Saturday, nothing could be done. He was taken before Mr. Alderman Kirkham on the Monday, and asked to give an account in what manner he came by this ingot, or how these ingots came to be in that manner, the ends good, and middle of a base composition. He produced no Jew, nor gave any account. We expect they should be of equal value, the ends and the middle. If they are rightly cast, they must be so. We never try but at the end, except we have a suspicion.

Q. What do you imagine the middle of this bad one to be a composition of?

Ward. I imagine the middle to be tooth and egg, and a little silver put into it. Each end is very rich; they amount to fourteen shillings and a penny an ounce; and the middle not above two shillings and six-pence. It is always understood they should be alike. We have tried the ends and middle of two since, and they were within a farthing an ounce.

Mr. Bradbury. I had a piece of this ingot sent me to assay on the 25th May, from Messrs. Plumb and Brown; I assayed it, and reported, that at the ends it appeared to be very good, and the middle very bad. (He takes the pieces in his hand.) The ends appear to be much richer than the middle.

Ward. When the assay came home, it weighed after the rate of fourteen shillings and one penny an ounce. I cut a piece out of the middle, which when that came home the difference in value was eleven shillings and ten-pence an ounce, or thereabouts.

Prisoner's Defence.

I brought it, that they should make a right assay of it. I received it of a German Jew. I am a German .

Guilty . Fined and Imprisoned .

414. (M.) John Dick , otherwise Dickinson , was indicted for obtaining goods of John More , by false pretences , &c. June 3 . ++

Rebecca More . I am wife of John More , who is a stocking-trimmer . We live in Wood-street . The prisoner came to me on Saturday the 3d of June, between the hours of six and seven, and said he came from Mr. Barnes, on the top of Moorfields, and that his master desired his compliments and requested I would send two pair of black silk stockings, for Mr. Barnes was going into mourning for his uncle. I went into the counting-house, and looked out a couple of pair. I said I did not know the size of his master's leg, but there were two pair, one much bigger than the other. I delivered them to him. He came again on the Monday in the evening, and brought a letter, and delivered it into my maid-servant's hand. She brought it to me, and said the man stays for an answer. It was read to this purport:

"June 17, 1769.

"Sir, I received on Saturday two pair of stockings

"from you. One pair fitted me, and

"the other pair fitted my wife. I should be

"glad if you would send two pair of a larger

"size for half mourning, and a bill of parcels

"for the whole; and in so doing, you will

"oblige your humble servant,

" JOHN BARNES ."

Then he said his master was extremely sorry he had not time to write, but desired I would send eight or ten pair of coloured stockings, of different mottles, for second mourning, for him and his relation to chuse out of. My servants all knew the prisoner, and that he lived with Mr. Barnes. I looked out eight pair of silk stockings, mottled as expressed, I tied them up in a paper, and delivered them to the prisoner at the bar. After he had got them under his arm, he said, Madam, I must have the two pair of black silk stockings, as the letter expressed. I told him I had none of that sort, but I would get a couple of pair, and send them the next morning. I got t wo pair, and sent my porter with them to Mr. Barnes. When he came back, he told me Mr. Barnes said he knew nothing of the matter, and that the boy that came was a good for nothing sort of a lad, and had been gone from him some time. Then I got a warrant to take him up. My servant and another person found him somewhere by Bagnigge-Wells.

Q. Do you deal with Mr. Barnes?

R. More. We do.

Q. What is he?

R. More. He is a pasteboard maker.

John Barnes . I am a pasteboard-maker.

Q. Where do you live?

Barnes. I live in Upper-Moorfields. The prisoner was my servant. He was a turnover to me.

Q. Did you send him to Mr. More's for any silk stockings?

Barnes. No, I never did. He has been gone from me better than a year and a half. The first of my hearing of this, was on the Tuesday morning, by the porter, when he brought some stockings to our house.

Prisoner's Defence.

I know nothing about it. I knew the people, by having been backwards and forwards with goods several times: I could not help knowing them; but what is laid to my charge I know nothing of.

Guilty . T .

415. (L.) Alexander Wilson was indicted for wilful and corrupt perjury , Aug. 5 . ++

George Wade . I am deputy to Samuel Saville , Esq; one of the clerks fitters at Wood-Street Compter. On the 5th of August last the prisoner came with a letter of attorney, and made affidavit that Margaret Campbell , otherwise Mercer , was indebted sixteen pounds and upwards, for so much money received of the commissioners of the navy for wages due to James Neal in his life-time.

William Mercer . Alexander Wilson extorted nine pounds and a note of hand for twelve pounds five shillings and sixpence under false pretences. He got my wife arrested by her maiden name, on the 5th of August, 1768, when nothing was due to him.

John Macoon . I arrested William Mercer 's wife, by order of the prisoner, and was paid part in money, and part in a note. It was for sixteen pounds and upwards, at the suit of one Jane Nichols . When the money and note were given, the prisoner gave me an order to discharge the woman out of custody.

Mercer. I paid the money. My wife having a child quite green with the small-pox, I was advised to pay it for the sake of attending the child. I was told, if it was not right I might easily recover it. I am satisfied my wife did not owe the money.

John Creswell . I belong to the Pay-office.

Q. Do you know any thing of money being paid to Margaret Campbell , due to James Neal , or Neal Nicholls ?

Creswell. I myself was accused by a letter with having received Neal's money due to Margaret Campbell , for wages due on board the Ludlow Castle.

Q. Is that money paid, or still due?

Creswell. It is still due for what I know. I have a letter here to assure me that the money is not paid. The books are now at Portsmouth. I never did receive a farthing of that money.

Q. Was there wages due to James Neal of the Ludlow Castle?

Creswell. There was.

Q. Do you know any thing of the prisoner?

Creswell. I never saw him till to-day, to my knowledge.

John Matthews . I am a sea-faring man. This power of attorney, which I had of Wilson the prisoner, had another name to it that is scratched out; but not so much but it may be seen, and this name put into it. It was Neal Nicholls , now it is James Neal . ( Produced and inspected.)

Q. When had you that power of the prisoner?

Matthews. I had it of the prisoner that very day that Wilson was arrested by Mr. Mercer for the money that he had extorted from him.

Q. Has Mercer got his money again?

Matthews. No, he has not. The note is here in Court for the 12 l. At the same time Mr. Mercer's wife brought me the real letter of attorney, signed by Capt. Bateman, of the Ludlow Castle. The clerk searched and found out John Miller ; that was the letter of attorney of John Miller . Neal's money is open, and not paid now.

Q. What did Mercer's wife produce that letter of attorney of John Miller for?

Matthews. To shew she received the wages due to John Miller , not James Neal. When the prisoner saw this, he held up his fist and put his hand to his mouth and said, What a stupid rascal am I, to mistake the wrong name! It ought to have been John Miller instead of John Neal .

Margaret Mercer . I have been married four years the 19th of October. My maiden name was Margaret Campbell . I had a power of attorney to receive the wages of John Miller about six years ago. I know nothing of a John Neal . I know neither man nor woman of that name.

The prisoner in his defence owned he had made a mistake in swearing to what he had no knowledge of, and that the power of attorney was sent him up out of the country.

Guilty . T .

The following capital convicts received his Majesty's most gracious pardon on the following conditions of transportation.

Francis Winstanley , capitally convicted in Feb. 1769, and Ann Perkins , in December 1768, during their natural lives.

Patrick Bourn , and Samuel Craycraft , in July 1768; Margaret Watts , in April 1768; Jos Waldeck , James Dollinson , and James Wallis , in September 1768; James Cooper , and Charles Wilkes , in January 1769; John Woodlbey , in February 1769; Jane Dick , and John Lawrence , in April 1769; for Fourteen Years.

John Davis , Robert Singer , and John Parsingham otherwise Parsons , in October 1768; John Fennel , Thomas Towel , and Charles Crew , in December 1768; John Evans otherwise Dyer , and John Dobbins , in April 1769; for Seven Years.

The Trials being ended, the Court proceeded to give Judgment as follows:

Received Sentence of Death, Ten.

Thomas House , Reuben Biggs , Robert Merry , Richard Belcher , Samuel Cornwall , Thomas Mellor otherwise Brooks, John Litchfield , Daniel Strutt , William Dunk , and Moses Alexander .

Transportation for fourteen years, Two.

John More , and George Pain .

Transportation for seven years, Thirty-Two.

John Shuler , Mary Lary , Thomas Spicer , Sarah Proctor , Sarah Belcher , John Wilson , Mary Kynaston , William Harris , John Chaney , Alice Johnson otherwise Farr, William Delwyn , John Dick otherwise Dickinson, Alexander Wilson , John Bird , Colin Hay , Henry Tindal otherwise Norman, William Murphy, Henry Hanson, Thomas Bryan , Bartholomew Martin , Joseph Trippet , James Fannen , Andrew M'Daniel otherwise M'Doril, Robert Spink , John Law otherwise Low, James Moreton, Reuben Harris, John Loom, Sarah Strutt, Thomas Grindald , Barnaby Lions , and Robert Bothin .

Branded, Two.

William Fletcher , and William Smith .

Whipped, Four

George Kelly, William Acton , John Clark, and Mary Young otherwise Robinson.

John Lutmore to pay a fine of 10 l. and to be imprisoned in Newgate six months.

The following capital convicts received his Majesty's most gracious pardon on the following conditions of transportation.

Francis Winstanley , capitally convicted in Feb. 1769, and Ann Perkins , in December 1768, during their natural lives.

Patrick Bourn , and Samuel Craycraft , in July 1768; Margaret Watts , in April 1768; Jos Waldeck , James Dollinson , and James Wallis , in September 1768; James Cooper , and Charles Wilkes , in January 1769; John Woodlbey , in February 1769; Jane Dick , and John Lawrence , in April 1769; for Fourteen Years.

John Davis , Robert Singer , and John Parsingham otherwise Parsons , in October 1768; John Fennel , Thomas Towel , and Charles Crew , in December 1768; John Evans otherwise Dyer , and John Dobbins , in April 1769; for Seven Years.

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