Old Bailey Proceedings.
18th May 1738
Reference Number: 17380518

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Old Bailey Proceedings front matter.
18th May 1738
Reference Numberf17380518-1

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THURSDAY the 18th, FRIDAY the 19th, and SATURDAY the 20th of May.

In the 11th Year of His MAJESTY'S Reign.




Right Honourable Sir John Barnard, Knight,


For the YEAR 1738.



Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane.

M.DCC.XXXVIII. (Price Three-Pence.)

N.B. The Public may be assured, that (during the Mayoralty of the Right Honourable Sir JOHN BARNARD, Lord Mayor of this City) the Sessions-Book will be constantly sold for Three- Pence, and no. more; and shall contain the usual Quantity sold for Six-Pence for many Years past: And also that the whole Account of every Sessions shall be carefully compriz'd in One such Three-penny Book, without any farther Burthen on the Purchasers.

THE PROCEEDINGS AT THE Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.

BEFORE the Right Honourable Sir JOHN BARNARD , Knt. Lord-Mayor of the City of London; the Worshipful Mr. Justice PROBYN, Mr. Baron THOMPSON , Mr. Baron FORTESCUE , SIMON URLIN , Esq; Deputy-Recorder of the City of London, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Daniel Farmer ,

William Blackburn ,

Stephen Bainton ,

Joseph Pomfret ,

Charles Rivington ,

John Addy ,

William Parker ,

James Bonwick ,

Thomas Fawson ,

Thomas Bourne ,

John Wilford ,


Robert Viney .

Middlesex Jury:

Benjamin Timbrell ,

John Luttman ,

Robert Scott ,

William Barlow ,

William Antle ,

John Carter ,

Isaac Clark ,

Philip Speed ,

James Hasser ,

William Insley ,

William Campbel ,

Joshua Fletcher .

William Wall.
18th May 1738
Reference Numbert17380518-1

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1. William Wall , of St. Paul Covent-Garden , was indicted for stealing 39 Guineas, the Money of Mr. Lane , in his Dwelling House , May 6 .

Mr. Lane. On Saturday Se'nnight last I went out about some Business, from my House in Bow-street Covent Garden ; in the Evening I return'd Home, and missed 39 Guineas, which I had left in my Bureau. The next Day, (Sunday) the Prisoner who was then my Servant , went out, and not coming Home all Day, I began to suspect he had taken the Money. In the Evening the Man who keeps the Black-Horse Ale-house in the same Street, came and told me the Prisoner was at his House; that he came thither in a Hackney Coach, and had chang'd a Guinea to treat the Coachman and a Soldier who were drinking with him. When he came Home, I sent for Mr. Morris the Constable, who search'd him, and in my Presence took a Guinea out of his Shoe. He did not confess any Thing at this Time; but when he was before Colonel Deveil, he own'd he took the Money out of my Bureau; that he had bought a Gold Watch, which cost him 13 Guineas and a half; that he had spent some of the Money, and the rest was hid with the Gold Watch in a Vacuity between the Bricks, in the Necessary House at the Black-Horse; and according to his Confession, the Gold Watch and 13 Guineas were found there.

Thomas Hancock , the Soldier. I live in St. Anns Westminster. On the 7th of this Month, about 7 o'Clock in the Evening, the Prisoner sent for me to drink with him; while I was in his Company he pull'd out a Gold Watch, I told him he had got a very fine Watch. Yes, says he, I thank God. I am in a good Way of living now. When the Reckoning came to be paid, he pull'd out a Guinea, and chang'd it; and the Landlord seeing he had a Charge of Money about him, perswaded him to go Home. All this Time there was a Hackney Coach waiting for him at the Door, and as he had this Charge about him, I went into the Coach with him, and we rode to Westminster-Abbey, where he treated the Coachman and I with another Pot of Beer. He told me, that neither the Money nor the Watch were his own; and I asked him how he could make bold

with what was not his own? I hope, says I, all's well; yes, yes, says he, all's well, I know I must make it good again. From Westminster we rode to the Black-Horse in Bow Street, where he treated us again with Beer, and paid the Coachman half a Guinea for his Days Work. After the Coach was gone, he asked me to smoak a Pipe with him, and while I was filling one, Mr. Lane's Servant came in, and I went out of the Prisoner's Company. He had about 12 or 14 Guineas in his Pocket when he paid the Coachman.

John Morris , Constable. On Sunday was Se'ennight in the Evening I took Charge of the Prisoner, and found a Guinea in one of his Shoes. Upon which he was carried before Mr. Deveil, and charg'd with this Robbery. At first he would confess nothing, so he was committed for farther Examination; but when he was brought before Mr. Deveil the second Time, he told us where he had hid part of the Money and the Watch, and according to his Direction, I found 13 Guineas, a Six-pence, and a Penny, and the Gold Watch, behind some Bricks under the Seat in the Necessary House, at the Black-Horse in Bow-Street He acknowledged at this Time it was his Master's Money, and that he had bought the Watch with part of it. He confessed the whole again on the Thursday following, and that he took the Money out of Mr. Lane's Scrutore.

Luke Hollis . I carry'd the Prisoner that Day from Place to Place, and I observ'd he was full of Money, for as I was driving along, he call'd out, - stop, stop Coachman; I got down to see what he wanted, and found him picking up Gold from the Bottom of the Coach.

Prisoner. I was in Liquor, and don't remember any Thing of it.

Mr. Lane. He had been bottling some Ale that Saturday, if that Circumstance will be any Relief to him. The Jury found him Guilty , Death .

Robert Hunt.
18th May 1738
Reference Numbert17380518-2
VerdictNot Guilty

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2. Robert Hunt , of St. George's Middlesex , was indicted for stealing a Brass Drudging-box, value 18 d. the Goods of John Bowers , Oct 1 .

Mrs. Bowers. I keep a Publick House in Well-Close-Square , and wear a Gold Chain. He was drinking in the House in a Sailor's Habit, and while my Maid was gone to buy him some Tobacco, he got up, and came to me as I sat under my Clock, and swore he would have something or else he would blow my Brains out. Immediately he pull'd out a Pistol and shot me in the Arm; I kept my Bed 4 Months, and the Bullet is still in my Arm. My Maid was gone for Tobacco for him, and my Husband was then sick a Bed, so he got away, and took the Drudging Box with him. He was afterwards taken, and I was perswaded to let him make himself an Evidence, and he hang'd 2 Men at Guildford. I swear he took the Drudging box, and I have indicted him at Hicks-Hall for shooting me.

Prisoner. Examine her Maid: This Woman took me up in the County of Surrey for this Fact.

Eliz Cooper . I have liv'd with my Mistress Bowers 8 Years. She took the Prisoner to be a poor Man, so she let him lie 2 Nights in the House, and gave him Victuals. The 3d Night he came with the Man that was lately hang'd at Guildford; and the Prisoner said he would treat my Mistress with a Supper for her great Civility to him. After Supper he sent me out to buy him some Tobacco, and I was returning into the House, I heard the Pistol go off; I ran into the House, and saw the Box full of Smoak. Lord! says I, what's the Matter! Lord! says my Mistress, the Rogue has kill'd me. He threw his Arms about her Neck and would not let her come out of the Box, so I call'd him Rogue, and attempted to run up Stairs, but he then left my Mistress, and caught hold of me; he d - mn'd my Eyes, and said, if I spoke a Word he would kill me. However I got from him, and went out to call the Watch; the Flower-box was then standing upon the Table, but when I came back, the Prisoner was gone and that too.

Prisoner. Did not I pull out half a Guinea to pay the Reckoning?

Bowers. Yes.

Prisoner. Yet the Maid swears the Mistress maintain'd me.

Eliz. Symonds. The Prisoner took out half a Guinea at the white Table, and desir'd Mrs. Bowers to change it; immediately I heard the Pistol go off, and saw the Smother, and she cry'd out, he had kill'd her.

Prisoner. Ask her whether she saw any Pistol, either upon me or my Comrade?

Symonds. No, but I saw the Hole in her Gown Sleeve, and the Blood running about. Some Time after, - but not that Night, she said he had stole her Drudging box.

Prisoner. They'll all swear a Cow's a House This Bowers keeps a Bawdy House. She took me up 3 or 4 Sessions ago; I made my self an Evidence before Sir John Lade , and hang'd my Comrade at Guildford. Jack Thrift the Hangman, - please to call him. - he knows I hang'd my Companion and another Man there, and now she thinks to hang me, - for her Drudging Box

If I am to be hang'd for her Drudging-Box, what signify'd my making myself a King's Evidence. Daniel Malden who broke twice out of Newgate, was taken at this Woman's House. I own myself a Rogue before all the Honourable Court; but Jack Thrift knows I cast two Men at Guildford. I have paid many a Pound for frequenting this House, and if I was to die To-morrow, I never was guilt of so pittyful a Theft. She herself wanted to buy a Watch of me for her Husband. Tis a likely Story indeed - that I should shoot her, when I lodged in her House, and at this very Time there were People drinking there. Acquitted .

Honour Penery.
18th May 1738
Reference Numbert17380518-3
VerdictGuilty > theft under 40s

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3. Honour Penery , was indicted for stealing a Brown Silk Gown, a Cotton Gown, two lac'd Caps, three Cambrick Handkerchiefs, a Holland Apron, a Cambrick Apron, and a check'd Apron, the Goods of Jane Ellard , in the Dwelling house of John Pullen , in the Parish of St. Bride's March 20 .

Jane Ellard On the 19th of March I was going along one of the new Streets near Grosvenor-Square, and two Women came up to me from the other Side of the Way, and told me I had a mighty pretty Gown on; - pray, says one of them, what did it cost a Yard? I informed them what I gave for it; Oh! 'tis a sweet pretty Thing they said, - pray which Way are you walking? I told them I was going to look after a Place; they said I should have the Refusal of two or three very good Places, and if I would tell them where I liv'd, they certainly would come and give me Directions about them. I told them that I should be very much obliged to them, and that I lodged at Mr. Pullen's, in George-Alley , by the Ditch Side. The next Day as the Bells rung Eleven, they came up Stairs; I am very positive to the Prisoner; the other Woman that was with her pass'd for the Prisoner's Mistress. I asked them about the Place they were to help me to, but they told me they were Apprentices to Sir Isaac Newton , at Turnham-Green, and that they must first calculate my Nativity; so out they pull'd a great Book with Heads and Hands in it; they told me a vast deal out of the Book with the Heads and Hands in it, and said I must bundle up all the Things I had, - Rings, Money, and Cloaths. I have but little Money, says I, and I don't Care to bundle up my Cloaths, that can relate nothing to my Fortune, - that's quite silly, and if any body should hear this Business besides our selves, they would laugh at us. Well, they argued with me a great while, and said it must be done, and began to be angry because I would not do it. Why, - says one of them, suppose you were Sick, and a Physician comes and prescribes Physick for you, - if you won't take it, what Good can he do you? 'Tis all the same Thing, we can't pretend to do you any Good, unless you'il do as you are ordered. At last I bundled up all my Cloaths, and they went away, but they returned again, and asked me if I had done as they bad me? I said I had, and that I had put them in my Trunk. Then now, says the Prisoner's Mistress, - with the Blessing of God take them out of your Trunk; I did so: Now, says she, with the Blessing of God, get a Ha'p'orth of Brow