John Swift, Charles M'Donald, Dennis M'Carty.
18th May 1763
Reference Numbert17630518-42
VerdictsNot Guilty; Not Guilty; Guilty > lesser offence; Guilty

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251, 252. (M.) John Swift , and Charles M'Donald were indicted the first for stealing eighty-five lb. weight of sugar, val 3 s. one lb. weight of tea, val. 7 s. seven lb. weight of figs, one lb. of Jourdan almonds, and half a lb. of nutmegs, the property of Thomas Dilworth , in the shop of the said Thomas ; and the other for receiving the eighty-five lb. weight of sugar, and the lb. of tea, well knowing it to have been stolen , April 16 . *

James Clackson . I am Mr. Dilworth's servant. The goods mentioned were lost out of the shop on the 6th of April, about half an hour past 9 at night.

As the only evidence against Swift was James Grief , an accomplice, they were both Acquitted .

251. (M.) Swift was a second time indicted, with Dennis M'Carty , for robbing Robert Walker on the king's highway of a hat, val. 1 s. a silk handkerchief, val. 1 s. a pair of silver sleeve buttons, val. 1 s. and a pewter spoon his property , April 22 . *

Richard Walker deposed, that he was going staggering home in Wapping in liquor, and a man undertook to lead him; he got him into Plough-court , where one held him by the coat, and another took the things mentioned from him, but knew not who the men where that did it.

James Grief deposed, that the two prisoners and himself did it; but his testimony not being supported by any witness of credit, they were both Acquitted .

Swift was a third time indicted for stealing sixteen pair of worsted stockings, val. 40 s. the property of Thomas Harrison , privately in his shop , April 26 . ++

Lazarus Levi deposed, he keeps a slop-shop at St. Catherine's ; on the 26th of April he was gone out of his shop backwards, and heard a sort of a rustling noise in the shop, he turned in again, and saw two pieces of handkerchiefs on the ground; he ran out, and in the street saw the prisoner running, he followed him, and took him about four doors from the shop, with the goods mentioned in the indictment upon him; he brought him back, the prisoner said they belonged to his captain, who lived at a pastry-cook's on Tower-hill; that he went there and

found that captain had been gone three months, and at his return his wife told him the prisoner had confessed he had them out of a shop at Execution-dock, which proved to be true. And Elizabeth Harrison , wife to the prosecutor, deposed to the stockings, which were produced in court, by their mark upon the outside paper, and quantity and quality of the stockings.

The prisoner said nothing in his defence.

Guilty of stealing, but not privately in the shop .

He was a fourth time indicted, by the same name, for stealing thirty-seven silk handkerchiefs, val. 5 l. the property of Lazarus Levi , April 26 . ++

Lazarus Levi deposed, that at the time he took the prisoner in the street he had got two parcels, one he held under one arm, and the other he carried at his breast before him, one being the stockings, the other thirty-seven silk handkerchiefs, his property; that he asked the prisoner which way he came by them, as he lately had been robbed he had taken care to put these in the window farther from the door beyond the counter; that the prisoner told him he got upon the counter, by which means he could reach them: being asked what was the age of the prisoner, he said the prisoner told the Justice he was just 15 years of age.

Prisoner's Defence.

I never got upon the counter.

Guilty . Death .

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