Williamson Goodbarn.
8th December 1725
Reference Numbert17251208-55
VerdictNot Guilty

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Williamson Goodbarn , of St. Clements Danes , was indicted for stealing 17 Guineas, and a Receipt for 10 Shares, in the Subscriptions of the London Assurance, value 92 l. 10 s. the Money and Goods of James Bains , in the House of James Bains , on the 18th of November .

James Bains thus depos'd. I keep the Angel Inn behind St. Clement Church, and the Chequer Inn upon Dowgate-Hill . The Prisoner had lodged at my House for several Months. I lost 10 Guineas at one time, 2 at another, and 3 at a third time. I came home one Tuesday Evening, and found the Prisoner standing by the Fire, and having Occasion to look for something in my Scrutore, I went up Stairs and mist my Subscriptions; when I came down, the Prisoner was gone, and did not come home all that Night. The next Day I acquainted my Broker with my Loss, and by his Advice, I stuck up Advertisements in Jonathan's, and about Change-Alley. That Evening Mr. Woodly told me that he had bought those Subscriptions, which he had since seen advertis'd; by his Description of the Man that sold them, I judged it to be the Prisoner. I went with Mr. Woodly to his Bankers, on whom he had given the Prisoner a Draught. The Banker told us that he paid part of that Draught with a 50 l. Bank Bill (Numb. 211) and the rest in Gold. I then went to the Bank to stop Payment of that Bill, and from thence home, where I found the Prisoner in the Kitchen, in Company with another Man. I took no Notice of any Loss, but ask'd him if we should not have a Bowl of Punch together. He answer'd, with all his Heart. While the Punch was making, I sent privately for Mr. Woodly, but the Prisoner (as he afterwards told me) mistrusting that I had some Design against him he went away, and I saw him no more that Night. The next Day which was Thursday, about noon, a Porter came and told me that some Gentleman wanted me at my other Inn upon Dowgate-Hill and that I must come immediately. I suspected that there was some Trick in this, and so desir'd John Hitchcock to dog that Porter where ever he went, which he did, and I followed him at a proper Distance. The Potter instead of going to Dowgate-Hill went to Charing-Cross, and there in a Trunk Makers Shop I took the Prisoner and brought him back in a Coach in the Angel-Inn, where I sent for Mr. Woody, Mr. Sheppard and another. Mr. Woodly could not swear that the Prisoner was the Man that sold him the Subscriptions, but the other two Men were positive of it. In order to secure him till I could find a Justice of the Peace, (for I had been to several of their Houses, but none of them were in the Way). I arrested him in an Action of 40 l. for his Board at my House, my Friend Collet, having first (by endeavouring to accommodate the Difference) got from him the same 50 l. Bank Bill, that he receiv'd of Mr. Woodly's Banker. Whilst he was under this Arrest, he promis'd to make me any Satisfaction and give me good Security to make it up. I told him if he'd give my Friend a Note on demand for 100 l. I'd discharge him, which he did, and that I that Night withdrew my Action for 40 l. and the next Morning arrested him for the 10 d. John Hitchcock deposed, that he heard the Prisoner confess that he took the Guineas at three Times.

Mr. Jones thus depos'd. The Prisoner when I first charg'd him with the Fact, deny'd it; but pressing closely, he confest to me, that he himself with a Key of his own, opened Mr. Bain's Scrutore, and took out the 17 Guineas at 3 Times, and at another Time took the Subscriptions; I was desir'd to ask him, (which I did if Mr. Bains's Sister, or his Maid were at all concern'd in it; he answer'd There was no Person but my self that was any Way Concern'd in it, God forbid that I should accuse the Innocent, I would give 300l. I make it up. And yet the next Day he told me that Bains's Sister did give him that Money, and those Subscriptions, and assured me at the same Time, that there was a Familiarity betwixt himself and her. William Conner depos'd, that he heard the Prisoner say, that he himself open'd the Scrutore with a Key of his own, and took out the Money and Subscriptions; and that neither Mr. Bain's Sister, nor any other Person had any Hand in the Fact. The Prisoner thus made his Defence, I never had any of the Guineas, but I own that I had the Subscriptions, and sold them to Mr. Woodly; but they were given me by Mr. Bains's Sister. I was saying one Day, that I wonder'd I had not receiv'd Money from my Father as usual; upon which she told me, she could help me to something that would fetch Money, and then gave me the Subscriptions which she could easily come at; for she was intrusted with the whole House, and kept all the Keys. The Monday before he took me up, he turn'd his Sister out of Doors, on the Account of his having lost the Guineas, and he had sent the Maid away before, on the same Suspicion. He knew that there had been some great Freedoms betwixt me and his Sister, and he press'd me to marry her. And that Night I was arrested. I made some mention to him of the Favours she had granted me. Upon which he said he had rather have given 100 l. than I should have said any such Thing of his Sister. Since I have been under this Trouble, I have requir'd him to procure his Sister to appear upon my Tryal, but he has refus'd it.

To this Mr.Bains thus reply'd. My Sister never was trusted with the keys of my Scrutore; I never knew that there was the least Affair betwixt her and the Prisoner; I dont believe that he ever so much as touch'd her Lips, for they had no Opportunities of being alone together. I turn'd her away because she was saucy; for when I had sent the Maid away, truly my Sister said, if the Maid went, she'd go too, and I told her she might if she would, and so she took Huff, and away she went. When the Prisoner told me, that he had taken some Freedoms with her, I said, Indeed, (I wonder you should say so of my Sister, for I dont believe that she was ever guilty of any such Thing in her Life. Other Witnesses depos'd, that the Prisoner said that Bains's Sister gave him the Subscriptions; but that he would give his Note or do any Thing to make the Matter up rather than his Father should hear of it; and that Notice was left

with Mr. Bains for his Sister to appear; to which he answer'd he could not produce her, and if he could he would not. Several Witnesses gave the Prisoner a good Character, and the Jury acquitted him.

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