The Proceedings of the Old Bailey

THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, & Dying Words Of the THREE MALEFACTORS Who were executed at TYBURN On Friday the 6th of JULY, 1750.

BEING THE First EXECUTION in the MAYORALTY OF THE Right Honble   John Blachford, Esq ; LORD-MAYOR of the   CITY of LONDON.

NUMBER IV. For the said YEAR.

LONDON:

Printed for, and sold by T. PARKER, in Jewin-street, and C. CORBETT, over-against St. Dunstan's Church, in Fleet-street, the only authorised Printers of the Dying Speeches.

M.DCC.L.

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THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, &c.

BY Virtue of the King's Commission of the Peace, OYER and TERMINER, and Jail-Delivery of Newgate, held before the Right Honourable Sir   WILLIAM CALVERT , Knt . Lord Mayor of the   City of London, Mr. Justice DENNISON, Mr. Baron CLIVE, Mr. Justice BIRCH, and   RICHARD ADAMS , Esq ; Recorder , and others of his Majesty's Justices of OYER and TERMINER, and Jail-Delivery of Newgate, holden for the said City of London, and County of Middlesex, at Justice-Hall, in the   Old Bailey, on Thursday, the 11th, Friday, the 12th, and Saturday, the 13th of April, in the twenty-second Year of his Majesty's Reign,   CATHARINE CONWAY was capitally convicted, and received Sentence accordingly.

By Virtue of the King's Commission of, &c. held before the Right Honourable Sir   WILLIAM CALVERT , Knt . &c. the Lord Chief-Baron PARKER, Mr. Justice FOSTER, and   RICHARD ADAMS , Esq ; Recorder , &c. on Wednesday, the 5th, Thursday, the 6th, Friday, the 7th, Saturday, the 8th, and Monday, the 10th of July, in the twenty-third Year of his Majesty's Reign,   MARGARET HARVEY was capitally convicted, and received Sentence accordingly.

By Virtue of the King's Commission of, &c. held before the Right Honourable   JOHN BLACHFORD , Esq ; &c. Mr. Justice DENNISON, Mr. Baron CLIVE,   RICHARD ADAMS , Esq ; Recorder , &c. on Wednesday, the 30th, Thursday, the 31st of May, and Friday, the 1st of June, in the twenty-third Year of his Majesty's Reign,   ELIZABETH BANKS was capitally convicted, and received Sentence of Death accordingly.

  Conway and   Harvey , at the Time of Conviction, pleaded Pregnancy, and, as usual, were under Respite of Execution, expecting Transportation; but their Crimes being such as deserved a worse Fate, and being ordered for Death, were brought down again to the Cells. Conway being a Roman Catholick , was attended by a Gentleman of that Church Persuasion; Harvey and Banks constantly attended Prayers, and with bitter Cries and Lamentations bewailed their deplorable Condition.

On Thursday, the Twenty-first of June, Mr. Recorder made the Report of five Malefactors to the Lords of the Regency, viz.   Judith Archer,   Mary Ryan,   Catharine Conway,   Margaret Harvey, and   Elizabeth Banks; when their Lordships were pleased to order the three last for Execution, on Friday, the Sixth Instant: The two former are ordered for Transportation , and will be called down to receive Sentence accordingly at the next ensuing Sessions.

1.   Judith Archer , was indicted in April Sessions, 1748, for stealing 28 l. in Money, the Property of   William Finch , in his Dwelling-house, March 26, 1747 . As there was no Evidence against her but her own Confession, the Jury recommended her to the Court for Mercy; she also pleaded Pregnancy, and was so found.

2.   Mary Ryan , was indicted, together with one   Locklen Kelly , in December Sessions, 1748, for breaking into the Dwelling-house of   Anne Allen , Widow , and stealing from thence seven Guineas, one Half-guinea, one Nine-shilling Piece, and some Silver; likewise some Wearing Apparel, the Property of the said   Anne Allen, Nov. 13 . The Evidence being strong against her, she was found guilty, but Kelly was acquitted , nothing being proved against him, only being in her Company. She also pleaded Pregnancy, and being found so, was afterwards delivered of two Children in the Cells.

3.   Catharine Conway , late of     Dublin, in Ireland, Wife of   Richard Conway , was indicted for forging, and uttering a counterfeit Will, with Intent to defraud .

4.   Margaret Harvey , Wife of   John Harvey , alias   Mason, was indicted for stealing a Gold Watch, and a Gold Chain, value 20 l. the Goods of   Robert Lane , from his Person, June 14 .

5.   Elizabeth Banks , was indicted, for that she in a certain Field, or open Place, near the King's Highway, on   Frances Mercer , Spinster , did make an Assault, putting her in corporal Fear, and Danger of her Life, one Stay, val. 1 s. one pair of Stockings, one Linnen Bib, and Apron, the Goods of the said Frances, did steal, take, and carry away, May 2 .

1.   MARGARET HARVEY , aged 25, was born in   Dublin, of Parents who lived very well in that City, and gave her a good Education, she was taught to read, write, Plain-work, &c. so that she had all Advantages necessary to put her well

into the World, after she had left her Parents. She lived with them, and had all the Indulgencies could be granted, and pity it is, that she has made no better use of this Tenderness, and Affection towards her. When she was about sixteen, she received the Addresses, and was married at     St. Patrick's   Church in Dublin, to a Youth whose Father was a Gentleman to a great Personage in Ireland. They lived together for some Time in Love and Harmony, but her Husband being a Sea-faring Man, (she says, a Lieutenant of a King's Ship ) was every now and then absent for a Time, and being somewhat of a jealous Temper, began to suspect her of playing Tricks with other Men. And now the Passion, which once shewed itself in Fondness and Tenderness, broke out into Rage and Jealousy; and instead of that mutual Affection, which Matrimony should be the Parent of, this barbarous Treatment obliged her to shun him, who should have been her Protector against all Evil and Danger. At first she says, she had not given him Reason for such Suspicion, or ill Usage, nor did for a long while, till at length his Behaviour drove her from him, and she was forced to take Shelter where she could find it; she went to her Parents, and they received her for a Time, but upon his telling them their parting was her own Fault, they would advise her to go Home again; and having given her good Instructions, sent her back to her Husband. Upon her Return she always meet with the same Usage, and even when at Table they have seemingly been good Friends, and in a sociable Manner eating and drinking together. She says, he has often taken his Scymeter, or Hanger from his Side, and of a sudden falling into a Rage, has frequently given her several Cuts therewith over her Head and Face. And her Head is so full of Scars all over, from the Forehead to the back of her Head, that there is scarce the Breadth of a Finger between, and several she has about her Eyes; all which at different Times were given her, she says, by her Husband Harvey.

All this, she says, she bore with, and could have borne with more through the Love that she bore unto him, even tho' her Life was at Risque every Day, and Hour. But one Time, while he was Abroad, she got into Company with some of her own Sex, and repeating her Grievance to them, they said she was a Fool not to be revenged. She answered, she knew not how. They told her she must forsake her Husband entirely, and think of him no more; and that if she would do so, there was a certain Gentleman, who had seen her, and liked her, and pitied her Case, and that if she would forsake her Husband, and live with him, she would be sure to meet with good Usage. With these, and such other plausible and fair Speeches, she says, she was prevailed on to give up her Honour, to break her Vows, and to defile her Marriage Bed. This coming to her Husband's Knowledge, he resolved to see her no more, and returning from Sea, came to   London, to be out of her Way. She was not long in Favour with her new Gallant; his Curiosity was satisfied, her Beautygrew familiar to him, faded in his Eye, and palled upon his Sense, and she was discarded. What should she do? Her Parents now dead and gone, and she had been so accustomed to Idleness, and Looseness, that she could not set down to her Needle, nor could she find what to do. Thus wretched and destitute, she at last resolved once more to seek after her Husband, so she took Ship, and came to   London, thinking to find him.

About Christmas was Twelve-month, she came to Town, but hearing no News of her Husband, she went to live as a Servant , in   Marybone-street, and continued there till April following. The Day the Fireworks (in Honour of the late glorious Peace,) were exhibited, she got Leave of her Mistress to make a Holiday; but the the worst Day it has proved, in the Event, that ever she saw, and from thence she seems to date the Period of her Ruin; for that Day she first fell into the Acquaintance of some of the Company, that were present at, and put her upon committing the Robbery for which she suffered. She, together with three or four Sailors, and some Women, spent that Day in Rioting and Drunkenness, and continued so for some Days; so that tho' her Mistress had been before her particular Friend, out of a Sense of having displeased her, she chose not to return Home again. However, she says, she had brought away some Money with her, and took Lodgings near   St. Giles's   Pound . What Method of getting a Livelihood she had, I could not find by her; there is Reason to think she followed such Courses, as she is now asham'd to repeat, and as to the intermediate Space between her leaving her Place, and the Time the Robbery was done, she had very little to say. She said indeed she had chiefly spent her Time with some Sailors, who were Acquaintance of her Husband's, one of which has been transported since her Conviction; but pretended, she knew not they were bad Men, till the Evening they put her upon the Robbery she suffered for, and that she never knew, nor heard before that, they followed those wicked Practices. She had been at   Tower-Hill and   Wapping with those Sailors, her Countrymen, the Day the Robbery was committed, and they had drank very hard. She was so Drunk, she says, that she knew not what she did; and yet she says, that it was at the Instigation of her Companions, that she attempted to pick the Prosecutor's Pocket of his Watch, which as soon as she had done, they all ran away, and

left her to be taken in a Court in     Russel-Street, Covent-Garden, which she thought to make her Escape thro', but it happened to be no Thoroughfare. Moreover, she says, she scarce remember'd any Thing of the Matter, and was surprized to find herself in   Covent-Garden   Round-House next Morning, but she soon found how the Case stood; which being reported to Justice Fielding, gave him Cause to commit her, and was sufficient for Conviction.

She grievously lamented her Condition, and wished her Life had not been spared so long; for as the general Usage was after pleading Pregnancy to be transported, she depended upon that being her Lot, and as the Thoughts of Death were at a Distance, she lived as bad, or worse Life, than she had done before Confinement. She frequently repeated it, that she had led her Life more wickedly since in   Newgate, than before; but the particular Instances are better concealed than made Public. But tho' there was scarce any Wickedness she was a Stranger to, yet being brought back to the Cells upon the Warrant for Execution coming down, she began to reflect on what was past, which made her weep bitterly, repent heartily, and pray fervently for the Forgiveness of all her Sins, thro' the Merits of Christ, professing Charity towards all Men, as she hoped for Mercy at the Hand of God.

2.   ELIZABETH BANKS , aged 55, was born at     Weymouth in Dorsetshire, of poor, though industrious Parents, who gave her no Education; but both dying when she was an Infant, left her to the Care of the wide World, and by the Parish whereto she belonged; when she became chargeable, she was bound out Apprentice . She says, she had a hard and unkind Dame, who treated her very ill, and though very young, she resented it so much, as to resolve to leave her Service the first Opportunity that presented; for when about ten Years of Age, she contrived to slip away from her Mistress's House, and got to   Dorchester; where, after staying a few Days, she took a Place in the Waggon, and came to   London.

The Waggon then put up, she says, at the     Black Bull Inn, in Piccadilly; and it so happened, that the Mistress of the House took a Linking to her, and agreed with her to be her Servant , without letting her go any farther: And her new Mistress liked her so well, she says, as to give herself the Trouble to teach her all Work; and though she worked hard, she had a good Service

of it, living there comfortably for seven Years.

When she left this Service, willing to see more of the World, she hired herself at a House of Entertainment, or a Victualling-house , at     Strand-Bridge, opposite the   New Church, St. Mary le Strand, and lived there four or five Years; and from this Place was married to her first Husband. They lived together pretty comfortably for seven Years, in     Russel-Court in Drury-Lane, and had four Children, with which she went to Lodging after her Husband's Death, and maintain'd them as well as she could, till it pleased God to take them all away very young.

After this, she went out to Day-work , and was admitted into many Houses for that Purpose, in the Neighbourhood of the   Strand, but particularly mentioned the   One Bell Inn, and the   Five Bells Tavern, and says she never wronged any Body. In this Way she went on for many Years, and about nine or ten Years ago was married to a second Husband, who was also a poor labouring Man, and carried Carcases of Sheep, Lambs, &c. for the Butchers in Clare-Market, to Marybone, Tottenham Court, and other Villages adjacent to the Town; and when she wanted Work in her own Way, she was used to assist him, being old and infirm, and as a good Wife should do, to bear a Part of his Burthens. She lamented greatly her unhappy Condition, and always repeated her Innocence, and that she never wronged Man, Woman, nor Child in her Life, but worked hard for her Living.

As to the Fact for which she suffered, if really guilty, she richly deserved her Fate; and the Child being with her, and the Cloaths belonging to it tied up in a Bundle, seem Circumstances of sufficient Proof. But all this notwithstanding, she persisted to the last in denying the Fact. It was sworn at her Trial, that she owned the taking the Child from near   Leicester-House, and yet she denies her having been there the Day the Fact was done; and she tells her Story thus: That she had an odd Jobb or two somewhere near   Clare Market, which having done, she was at Leisure; and having nothing to do, she followed her Husband towards   Marybone, that if he had any Thing to bring Home, she might assist him, as he was old, and but weak. In her Way, she says, she met with a tall Women, dress'd well, in a brown Camblet Gown, who had this Child in her Hand, and the Bundle, as it was taken upon her Banks says, that when this Woman overtook her, she told her, if she

would hold the Child and the Bundle, while she went to a House which she pointed to, just by Marybone Road, she would give her Twopence. She was willing to get the Money, as she says, so easily, not thinking she should pay so dear for it; and she saw the Woman go to the House she mentioned. What became of her afterwards she does not know. She waited, she says, a long Time, and the Woman not returning, she went up to the House, and enquiring of the Maid-servant, what was become of the Woman? was told, that she came in, and was about to go up Stairs; but some how or other turned back, saying, I ask Pardon, I have mistaken the House; and so went out again. If it be a Story of her own, it is artfully contrived; but this she always declared was the Truth of the Matter, though I told her the Danger of persisting in a Lie, and that it was too late to think of saving her Life by concealing the Truth. I told her, it was very improbable that any one should go to strip a Child, and immediately give away what was got by it, as must be the Case if her Story was true. But she replied, that however improbable what she said might appear, she still continued in the same Tale; and to account for it, was artful enough to say, she believed the Woman who gave her the Child and Bundle to hold, had concerted the Matter with others, on Purpose to take away her Life, with a View of a Reward.

She always appeared very penitent, wept and lamented bitterly, and said, with her last Breath she would pray for her Prosecutors, and hoped that God would forgive both her and them for what they had done.

3.   CATHARINE CONWAY , aged 45, was born in the County of   Kilkenny, of Roman Catholick Parents, that lived in good Reputation at   Waterford, and bred her up very tenderly. She was kept to School for four Years, though no Pains were sufficient to make any Thing of a Scholar of her; for after all, she could neither read nor write. When she was about fourteen Years of Age, she was married to her Husband,   Richard Conway, against the Consent of her Parents; and upon that Account so much incurred their Displeasure, as that her Mother, she says, laid her Curse upon her, which she is persuaded has been heavy upon her to this Time, and been the Cause why God should suffer her to be thus afflicted. After their Decease she lived at   Waterford, she says, and maintained a Family of ten

Children, which she had by her Husband, very handsomely, upon a small Estate which they enjoyed in that Neighbourhood. Of late, within these ten Years, thro' the Extravagance of her Husband they were forced to part with it; but by this Time the Children were out of the Way, so she maintained herself by the Labour of her Hands About seven Years ago, she says, she had a Son at Portsmouth, brought on Shore there from on Board a Man of War he had sailed in several Years: During his Illness, he sent for her to come to him from   Ireland, which she did, and her Husband followed her to   Portsmouth; from whence, when the Son got well, and went Abroad to Sea again, she and her Husband went to   Liverpool, where they had a Son and Daughter living, and settled there till the Time she was apprehended in her Sickbed.

The Account she gave of the Matter was this: That whereas her eldest Son died Abroad some Time before, on Board a King's Ship, as soon as the News came to their Ears, they both agreed to come from   Liverpool to   London, in order to receive his Wages, if there were any due; and she says, her Husband did receive Money on his Account. What became of it she did not know; but as her Husband was a loose Man, and kept Company with other Women, she saw very little of the Use that was made of it. They had been some Time in Town before this Plot was entered into, and several were concerned in the bringing it about. She was told, that the Matter was easily done, it was only to go to the Commons, and prove the Will of   William Noble , and say she was his Mother; and as he had thereby made her Executrix, a Letter of Administration would immediately be granted, which would give her a Power to receive his Wages. At first she hesitated and refused, saying, she could neither read nor write, nor did she understand how to go about it. However, at last, upon the repeated Commands of her Husband, who was present at the making, and deeply concerned in forging the Will, and perfectly knew what was to be done, she was in a Manner obliged to go; and to Doctors-Commons she went, and proved it: Upon which, a Letter of Administration was granted her. She then went to Chatham with it, and received the Money, and her Husband being at that Time with her, took the Money from her, and she never saw afterwards, nor fingered a Penny of it. And she said, she verily believed, had he but given the 3 Guineas, as was promised, when

the Will was forged, it had never been discovered, at least not so soon, and in the Manner it was found out.

She seemed to say besides, that she was betrayed into the Commission of the Fact by a plausible Story which was made to her; and she knew no otherwise, as she declared, dropping down on her Knees, and saying, as she hoped the great God would have Mercy upon her in this, and the World to come; viz. That   William Noble having been on Board a King's Ship with her Son, and indebted to him, Amends might be made by this Method of making her his Executrix. And thus she was persuaded by her Husband, and others concerned, that no Harm nor Danger was in the Part she was to act in this Affair; which made her go about it the more openly, and take the less Care to secrete herself after she had done; for, says she, I went Home, and appeared openly in   Liverpool, as for seven Years before.

When the Fraud was detected, Orders were given for apprehending her, and she says, she was taken out of her Sick Bed, and committed to   Liverpool   Jail , and, after some Time, removed by Habeas Corpus to   Newgate. Before she was apprehended, her Husband had left her, and carried off every Thing she had that was valuable, not only the Money she suffered for receiving of by false and fraudulent Means, but the Rings, and the very Cross she was wont to wear about her Neck, being a Roman Catholick . The Woman seem'd to be of a good Disposition, and her serious. Deportment moved every one to pity her Case that saw her. She confesses the uttering the false Will, and receiving the Money, but always said, what she did in it was at her Husband's Instigation; I asked her if she was at that Time sensible of the ill Consequences of such a wicked Undertaking, if it came to Light? And she answered in the Affirmative; and added, that tho' he had used her very ill at diverse Times heretofore, yet, whether through Love, or Fear, or both. she could not determine, but she could not help doing as he bid her; She acknowledged her Guilt too by saying, she was privy to the Forgery, but kept it secret, not expecting to be made the Cat's Paw of, (in her own Terms expressed) but that by the Influence of her Husband's Commands, and his Directions where to receive the Money, she went and did receive it; but that he being with her, immediately took it from her, and made off the Ground, knowing the Danger if the Fraud was discovered. She behaved very well during the wholeTime of her Confinement in   Newgate, as far as I could see or learn, appeared very penitent, and endeavoured to seek the Favour and Kingdom of God, with extreme Crying and Lamentation.

They gave the above Account of themselves almost in todidem verbis, at different Times, and repeated. Whatever else they might have been guilty of, it all died with them, and no further Confession would either of them make of their past Life and Conversation. And though there may be Reason to believe, had they been open and ingenuous, their Minds had more to reflect on than what is here collected, and more Instances of Wickedness might have been exposed; yet they would by no Means declare further, unless concerning such Things as are better concealed than exposed to publick View and Inquiry.

At the PLACE of EXECUTION.

ON Friday Morning the 6th Instant, between 8 and 9 o'Clock,   Catharine Conway ,   Margaret Harvey , and   Elizabeth Banks , went from Newgate in a Cart to the Place of Execution, where, after much Crying and Lamentation, and calling on God and Jesus Christ to have Mercy on them, a short Space of Time was spent in Prayer, recommending their Souls to Heaven; and they were turned off from the Cart, without saying any Thing particular, or worth relating.

This is all the Account given by me,   JOHN TAYLOR , Ordinary of   Newgate.