Jeremy Fitzpatrick, William Smith.
2nd March 1726
Reference Numbert17260302-46

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Jeremy Fitzpatrick and William Smith alias Clark , were indicted for stealing a Cask, and 5 Gallons of Brandy , the Goods of John Emerton , January 3

John Emerton thus depos'd. On the 3d of January in the Afternoon, the Prisoner Smith came to me, and said he wanted half an Anchor of Brandy for a Customer of his. We agreed upon a Price, and that he should pay ready Money if his Friend lik'd it, but that if it did not please, the Porter should bring it back, and he should pay the Porterage. I accordingly sent my Porter with the Cask of Brandy, and gave him strict Orders not to deliver it without Money. The Porter came back with a Cask, but instead of Brandy it was fill'd with Water.

The Porter thus depos'd. I was put the Cask of Prandy in a great Pag. and was carry it along with the Pressoner William Smit to the Anchor Ale-house, in the saffy, and so ass we was coming together, honest Porter says he. If my Friend was like the Brandy, I was kive you the Money for it, put if he ton't, you was take it pack again - Tiss ferry well Sir, says I, and so we came into the House, and I pitcht my Purden upon the Taple and there was the other Pressoner Fitzpatrick, a sitting upon a Pench py the Fire, with a plue Apron on, Come Honesty, says he, sit town while you stand and call for a pint of Peer, and so I tid. And while I was trinking, Smith was take the Cask of Prandy out of the Pag, and let it in a Corner of the Room, behind a Ped or a Screen, and was traw same in a Class, and pring it to Fitzpatrick. Here Lantlort, says he, see how you was like this Prandy. So when Fitzpatrick was trink some of it. Fait now, says he, I was not like it at all, she Prandy that you prought me pefore was after pang potter as this. Inteet. says Smith. I am ferry sorry you was not like the Prandy; put since it is so, the Porter must cen carry it pack again. And so he was go to the Ped Side, and pring out my Pag with a Cask in it, and I was take it upon my Pack, and carry it home; put when I was open it, the Piffel a pit of Prandy was there, for it was full of Water.

Edward Freeman thus depos'd. I and the Prisoner Fitzpatrick are both Lodgers in the same House. On the 3d of January in the Morning, he brought an empty half Anchor into my Room, and soon after carry'd it away again. I went down into the Yard, and there I saw both him and Smith filling the same Cask with Water. Fitzpatrick told me that Smith had accidentally spilt some Brandy, and they were filling the Cask with Water again, to see how much was lost. When they had fill'd it they carried it out, but whether or no they went to the Anchor Ale-house, I cannot tell.

Mrs. - thus depos'd. The Prisoners brought this Cask of Water to our House ( Mr. Dockrell's at tho Anchor in the Savoy ) and there they blackt it, to make it look old. Smith went out, and Fitzpatrick put on a blue Apron, which I never saw him wear before, but I suppose he did it, that he might pass for the Landlord of the House. He was sitting by the Fire, when Smith return'd with the Porter, who pitch'd his Bag with a Cask in it, upon the Table; Smith took the Cask out, and carry'd it behind the Screen, while the Porter was drinking by the Fire; and afterwards I saw him put a Cask into the Porters Bag, and send him away; and as soon as the Porter was gone, Smith and Fitzpatrick carry'd out another Cask between them.

Smith thus made his Defence. I made a fair Agreement for the Brandy, and if the Distiller has been cheated, I suppose it was done by the Porter. I am sure Fitzpatrick is innocent of the Matter, for I myself know nothing of it.

Fitzpatrick made his Defence. Arra fait if I dont make my Innoshence appear, I will be after forfeiting both my Head and Ears to thish honourable Court; and in the first Plaush consherning the Cashk of Water. Why fait now, Smith only took down an empty Cashk of Water that lay upon the Ground, to shee whether or no it wash leaky; and ash I hope to be shav'd that ish all that I know of the Matter. And ash for my wearing a blue Apron, if you pleash to be after ashking any Body that knowsh it, they will tell you that I kept an Ale-house twelve Yearsh ago, but meeting with Mishfortunes, I wash forsh'd to leave it off, and turn Merchant , and sho I took a Room up two pair of Stairsh. and should Brandy; and therefore I hope thish honourable Court will be after taking it into Conshideration, for I have got a Wife and four shmall Families. The Jury found them both Guilty .

[Transportation. See summary.]

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