Old Bailey Proceedings.
21st February 1739
Reference Number: 17390221

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Old Bailey Proceedings front matter.
21st February 1739
Reference Numberf17390221-1

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WEDNESDAY the 21st, THURSDAY the 22d, FRIDAY the 23d, and SATURDAY the 24th, of February.

In the 12th Year of His MAJESTY'S Reign.




Right Honourable Micajah Perry, Esquire,




Printed and Sold by T. COOPER, at the Globe in Pater-noster Row.

[Price SIX-PENCE.]

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

BEFORE the Right Honourable MICAJAH PERRY , Esq; Lord-Mayor of the City of London; Mr. Justice PAGE, Mr. Baron CARTER , Mr. Justice FORTESCUE, Mr. Serjeant URLIN, Deputy Recorder of the City of London, and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Gregg ,

John Phillibrown ,

John Haines ,

Samuel Champion ,

Peter Blunt ,

Richard Hawkins ,

Moses Alnard,

George Randall ,

John Worral ,

Richard Day ,

Arthur Loveledge ,

Thomas Ballard .

Middlesex Jury.

Philip Chandler ,

John Dickens ,

William Lockwood ,

William Singleton ,

John Eades ,

Isaac Hancock ,

Thomas Harrison ,

John Sheppard ,

Richard Oakman ,

William Cholmondley ,

Thomas Keate ,

Thomas Morris .

Elizabeth Cale.
21st February 1739
Reference Numbert17390221-1
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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142. Elizabeth Cale , of St. Magnus the Martyr , was indicted for stealing a Silver Spoon, val. 10 s. the Goods of William White , Feb. 9 .

It appeared, That the Prisoner carried the Spoon to Jane Bunn , in order to pawn it. Bunn suspecting it was not honestly come by, sent her Servant, with the Spoon and the Prisoner, to Mr. White, who immediately charged her with the Robbery. Guilty, 10 d .

[Whipping. See summary.]

William Udal.
21st February 1739
Reference Numbert17390221-2

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143. * William Udal + was indicted for assaulting Thomas Thorn on the King's Highway, putting him in Fear, &c. taking from him a Silver Watch with a Tortois-shell Case, value 40 s. a Hat, value 2 s. a Brass Seal, value 2 d. and four Shillings in Money , Dec. 26 .

* Udal was admitted an Evidence against John Slade and Henry Fluellin , last September Sessions, for a Street Robbery, in which he was concerned with them. See Sessions Book, No. 7. p. 122.

He was try'd the same Sessions for stealing a Hat, from William Young in his Dwelling-House, and convicted; but received corporal Punishment.

William Thorn . I was robbed of my Watch, and a Brass Seal, and my Hat, and four Shillings, or more at Holloway ; but I can't swear to the Prisoner, for 'twas Night; I was going from Holloway to Highgate, when they were taken from me. The Watch was found at a Pawn-Broker's in Shoe-Lane This is the Watch I then lost.

Richard Wornel . I took Mann [the Evidence] and Udal. Mann told me they had robbed two Men about Highgate, and told me where this Watch was pawned. I found out the Prosecutor, and went with him to the Pawnbroker's, where he saw the Watch and claimed it.

Thomas Mann . The Day after Christmas Day the Prisoner and I were going to the Castle at Holloway; as we went along, we called at a House and had some Pork Stakes. We returned about Seven or Eight o'Clock, and robbed a Man of a Hat; Udal took the Man's Watch out of his Pocket, and some Money. He was the Man that robbed the Prosecutor, and He carry'd the Things Home to his Lodgings, at Mr. Morris's

in White-Lyon-Court; and next Morning he and I carried it to a Pawnbroker's, in Shoe-Lane, and he pawned it for ten Shillings, while I stood at the Door. He brought out ten Shillings, and gave me five.

Richard Wernel . When I took Mann and Udal, Mann was carried to one House, and Udal to another. Mann desired to be admitted an Evidence, and it was granted. He gave me Directions where the Watch was pawned for ten Shillings. I went to the Pawn-broker's, and demanded the Watch, telling the Man it was stole. He refused to produce it, upon which I sent for Mr. Thorn, and he described it. and said it was in a Tortois-shell Case, and a Piece was broke out; then the Pawnbroker produced it, and Thorn immediately owned it; but we could not have it, unless we paid twelve Shillings, and twelve Shillings I was obliged to pay for it. The Prisoner desired to be admitted an Evidence, and said he could hang three or four; but, as he had been admitted an Evidence several Times before, his Request was deny'd. He wanted to have been made an Evidence against Mann, and said he could put three or four more into his Information. He did not deny the Fact at all.

Mann. The Prisoner would have killed the Man, for fear of being discovered, had it not been for me.

Thorn. Yes; He threatened me; - 'twas upon the long Causeway.

Udal. The Evidence and I were Debtors in the Marshalsea Prison; we broke out and made our Escape. He has done this for Lucre, - for the Sake of the Reward, that he may clear himself of his Debt.

Mann. Udal broke open the Goal himself, and let me out with him.

The Pawnbroker, William Key , was sent for, and brought into Court. He urged that he was but a Servant to Mr. Crockat. Crockat appeared, and was told, That his Profession was a most scandalous one; That Pawnbrokers were the Encouragers of Felons, and it would be well if they would be warned to get into honester Callings and Employments. Crockat and another Person were bound for Key's good Behaviour and Appearance next Sessions .

He was a second Time indicted for assaulting John Bradford on the King's Highway, putting him in Fear, &c, taking from him a Hat, value 1 s. a Drugget Coat, value 5 s. and five Shillings in Money , Dec. 26 ,

John Bradford . I was going the 26th of December from London to Finchley, and between the Halfway House and Upper Holloway , I was met by two Men. One of them run against me and jumbled hard upon me, as if he was fudled. I pushed him away, and bid him stand up. He came upon me again, and said - you're the Man, - you're the Man. Then they both attacked me, and robbed me of my Hat, Coat, and about Five Pence in Money. The Prisoner is very much like one of the Men. When the Prisoners were taken, Mann [the Evidence] told me where I might find my Coat.

Mann. As the Prisoner and I were going to Holloway, we met this Man; he attacked him, and said, - d - mn your Eyes, if you don't pull your Coat off, I'll kill you. I said, - no, don't hurt him. G - d d - mn you ( says the Prisoner) I'll kill him and you too, and he threw up his Hanger, and was going to chop the Man down. We pawned the Coat for three Shillings.

Bradford. The Pawnbroker said he had lent four upon it.

Mann, Then he cheated me of a Shilling.

Bradford. I found my Watch according to the Accomplice's Direction.

The Evidence was cautioned in a pathetick Manner, against following those Courses, which would inevitably bring him to the same melancholy End the Prisoner was like to come to.

He was found Guilty on both Indictments. Death .

John Maud, John Mitchell, John Brady.
21st February 1739
Reference Numbert17390221-3
VerdictsNot Guilty

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144, 145. John Maud and John Mitchell were indicted for stealing a Silver Tankard, value 5 l. the Goods of John Starkey , Nov. 9 . And,

146. John Brady for receiving the same, knowing it to be stole , Nov. 10 .

John Fife . One Saturday in the Afternoon, the 4th or 5th of November, I met Muad and Mitchel, in St. Clements Church Yard, and they asked me to go along with them; so we went to Covent-Garden, and from thence to Leicester-Fields, Piccadily, and Broad-street, near Carnaby Market. In Broad-street we saw Mr. Starkey's Door open. Maud went into the Entry; turned the Brass Nob of the Parlour Door, and went in, and brought out a Tankard in his Apron. 'Twas about Dusk, between four and five o'Clock. I stood at the Door, and Maud came running out with the Tankard, wrapped up in his Blew Apron; then we all run away to Mary Lambert 's in Parker's Lane; she called down John Fletcher , who lodged in her House, and she asked him to sell it for us. He said he would sell it next Morning; and accordingly, the next Morning

we went with it to the Prisoner Brady; but Brady was unwilling to buy it while We were there. However, I saw the Bargain made; Brady bid two Guineas for it; we would not take it, and, at last he gave us three Pounds. The Money was paid to Fletcher, and his Wife had eighteen Shillings of it.

Mr. Starkey. I lost a Tankard, but what became of it, I don't know.

Fife. We stole it about the 4th or 5th of November last.

Mr. Starkey. 'Twas about that Time I lost it: The Value of it was about six or seven Pounds. I never have had it again, tho' I advertised it, and how this Discovery come to be made, I know not

John Taylor . I have known Maud five or six Years. His Mother brought him up carefully, and I never heard any Harm of him, but believe he was tempted to do this Thing by Fife, when they met in St. Clement's Church-Yard. All Acquitted .

James Lawlor, James Leonard.
21st February 1739
Reference Numbert17390221-4

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147 , 148. James Lawlor , alias Lawley , and James Leonard , were indicted for assaulting George Lines on the King's Highway, putting him in Fear, and taking from him a Hat, value 21 s. a Peruke, value 3 l. 3 s. and a Gun, value 25 s . Dec. 24 .

George Lines . On Sunday the 24th of December, between ten and eleven at Night, I was coming from the Castle Tavern, in Denmark street , with a Gun upon my Shoulder, and Lawlor stopped me, and asked me, what I had to do with that Gun. I can't be so positive to the other Prisoner as I am to him, but I was struck at, and my Hat and Wig were taken away, and then they knocked me down. They knocked me down as dead as a Herring, and then they took my Gun. I can't swear Lawlor took it, but he was one of the Men.

Lawlor. Did you ever see me before in your Life?

Lines. Yes; I saw him that Night; but I did not want to see him.

Lawlor. As God is my Judge I never saw him before.

Lines. There was a Lamp close to the Place, and I can swear Lawlor was one of the Men.

Lot Cavenagh . This Lawlor, and Leonard, and I, have gone out a thieving together, several Times. I lived in Lawler's Cellar, and have known both the Prisoners thirteen or fourteen Years; I have gone a thieving with them in Ireland. When we committed this Robbery, there was another Man with us, beside the two Prisoners, and we laid hold of the Prosecutor, while Leonard watched on the other Side of the Way. We drank a Pint of Gin, between us four, before we went out; and wanting Money, we said we must have it, so as we were coming down Drury-Lane, over against the Coal Yard, we saw this Man with his Gun Lawlor said to him, - d - mn you, What Business have you with a Gun, and struck him with the Stock of the Pistol which he had in his Hand, but he did not fall down I held one of his Hands, to prevent his laying hold of any of us; and at the second Blow, he was knocked down. We took his Hat and Wig before he was knocked down, but I can't tell whether the Gun was seized before or after. The Name of the fourth Man in our Company, was Noland; and Leonard was to stand on the other Side of the Way, and to cry Tommy! Tommy! when any body came by: And he calling out Tommy, as soon as we had got the Man's Hat and Wig and Gun, we had not Time to rifle his Pockets, but were obliged to run away with what we had got. Lawlor pawned the Wig for six Shillings, and I pawned the Hat for three, to a Man, who, I believe is in Court, but they were not both pawned the same Day; and Leonard did not go to the Pawnbroker's with us, for we were afraid if so many of us went, the Folks would not have a good Suspicion [Opinio] of us. The Hat was pawned first, and in two or three Days Time, we pawned the Wig, and Leonard staid at Home in Lawlor's Cellar, while we were gone. The Money for the Hat and Wig, was nine Shillings, which we divided, and had two Shillings and three Pence a piece. I never was before a Judge for any Dishonesty in my Life.

- Thompson. I know the Hat and Wig very well. This is Mr. Lines's Hat. I carry'd it to have a new Loop put to it; and this is the Wig he had on when he went out that Sunday, - but he came home without it. I have carry'd it twenty Times to the Barber's. He had them both on, when he went out, but he came home without either.

Lines This is my Hat and Wig.

A Witness. Cavenagh brought the Hat to me, and wanted three Shillings upon it. Lawlor came with the Wig, and asked six Shillings upon that, telling me, he should fetch it again in two or three Days. I thought them both very honest Men.

Lawlor. Ask this Witness if he knows James Lawlor?

The Witness. I can't swear justly to him, - but that Man, [pointing to Lawlor,] is like him

and the Man that brought the Wig said his Name was James Lawlor.

Lawlor. 'Tis not very likely I should pawn a Thing I had stole in my own Name.

Q. to Lines. How came you to be out with a Gun on Saturday Night?

Lines. The Man of the Tavern wanted a Gun for the Train'd Bands, so I sent for it, and would have sold it him, but we could not agree for the Price; so I was carrying it home again.

Lawlor. I can give an Account where I was that Night. Call Garret Cavenagh .

Garret Cavenagh. I know Lawlor; he lodged with me about a Year ago, and paid me honestly: He has no Way to get his Bread but by Work, and the Labour of his Hands. I am a Smith, and he has work'd with me. I know nothing more.

Mrs. Buckland. He work'd with me upwards of three Years, in and out, and I never saw any thing dishonest in him. I live in Princes-street, by Bridgewater-Square.

Mrs. Lambeth. Leonard came to lodge with me a Fortnight before Christmas last; and on Christmas-Day in the Morning he and his Wife had a Quarrel, and she tore his Coat, and he could not go out all Day. Mr. Lines came to my House on St. Stephen's Day, and said he had lost his Hat and Wig, and Gun, and said he would give a Treat to have them again.

A Witness. As to Leonard, I have intrusted him with more than my own, backwards and forwards, and he always behav'd well. The second Day after Christmas Day, Lines came into Lambeth's House, and said he had been robb'd of his Hat, Wig and Gun, in Drury Lane; and that the Man who knock'd him down was in a close Set-to Coat. Leonard was then in the House, and Lines would have drank with him, but Leonard refus'd: Lines told us at the same time, that he was very much in Liquor.

Two other Witnesses gave Leonard the Character of an honest labouring Fellow. Both Guilty , Death .

Henry Johnson.
21st February 1739
Reference Numbert17390221-5

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149. Henry Johnson was indicted for ripping and stealing 148 lb. of Lead, fixed to the Dwelling-house of Hugh Colley , Clerk , Jan. 18 .

He was a second Time indicted for breaking and entering the Dwelling-house of Hugh Colley, Clerk, about the Hour of Ten at Night, with a felonious Intent to steal his Money and Goods , Jan. 18 .

The Rev. Mr. Colley. I live at Mile-end Green , on the 18th of Jan. last, about Ten in the Evening, as my Wife and I were sitting by the Fire, in the Parlour, we heard a Cough before the Door: We imagin'd it was somebody going past the Door; but in a little time we heard the Cough repeated several times; my Wife imagin'd it was in the little fore Garden before the House. Immediately following the Coughs, there was a great Noise upon the Top of the House, - the Roof of the House shook; upon which I got up and went into the Hall, Immediately Mr. Owen (a Neighbour) came and said, there was a Man upon the House. Mr. Lee (my Writing-master ) and I went out forwards to see if we could discover any thing, and Evan Davis went out backwards; Afterwards we return'd to the Door to get into the House, but it was shut, and we could not get in. While I stood at the Door, I heard a Noise in the House like breaking open Doors: I was in a great Consternation, and imagin'd that the Rogues had got in backwards, and had taken Possession of the House; upon this I ran to the back Part of the House, and kick'd against a Door in the Middle of the Garden, and got into a Passage, which led to the Window of the Room where my Wife and I lie; she was there crying out, Thieves! Murder! Davis was with me; and when I had got into the House, I call'd in Mr. Lee and Mr. Owen. My Wife was in her Chamber, almost dead with Fear, - the Maid in Fits, and the young Gentlemen were running from one Room to another in their Shirts. After I had encouraged my Wife, Mr. Lee and I examin'd the House, and when we were in the lower Part of it, Davis call'd out, he had taken the Man! and I went out immediately, and saw the Man in his Possession. He had deceived Davis, by running out of the House, and crying Thieves! without his Hat, (which we afterwards found in the House) so Davis at first thought it was Lee, but when he found his Mistake he pursu'd him: he (the Prisoner) had then Trowsers on, and in getting over the back Pales, the Tenter-hooks catched in his Trowsers; there Davis and he were engaged, while I, and Owen, and Lee, were examining the House; and the Prisoner said, he was sorry he had left his Hammer on the Top of the House, for if he had not, he would have dispatch'd him. As to the breaking the House, he broke through a Window into the Garret, and when the Casement was broke open, there was nothing to prevent his Entrance.

Mrs. Colley confirm'd the former Circumstances, adding, That she went up Stairs, and heard the Garret Window break, and somebody jump in

That the Man was no sooner got in, but he came down Stairs; that upon hearing him come down, she ran into her Chamber, and shut the Door; for she thought he was coming in after her, upon which she ran to the Window, and call'd out Thieves!

Evan Davis deposed, That between Nine and Ten that Night, he saw a Man upon the House, and call'd Mr. Lee, his Fellow-servant, and bid him go to the other Side of the House: That he (Davis) saw the Prisoner go to the Garret Window; that he heard the Glass tumble down, upon which he went into the Back-yard, where he found his Master and Mr. Owen; and looking towards 'Squire Heath's Pales, he thought he saw his Coat upon the Pales, but when the Witness came up to the Pales, the Prisoner had got over them into another Garden; that he was not hung upon the Tenter-hooks when he was taken, but was getting over a Brick-wall, when the Witness took him, and that the Prisoner was the Man who was taken by him.

Mr. Lee confirm'd the former Accounts, and every Circumstance therein; adding, That Davis was in Pursuit of the Prisoner, and got over the Pales after him; that he call'd out to him (the Witness ) and told him he had got the Man; upon which he got over the Pales likewise, and assisted Davis in bringing the Prisoner to the House: that upon searching him, they found two crooked Nails and a Knife in his Pocket, and that he apprehended the Prisoner broke into the House with an Intent, not only to rob the House, but to murder them.

Mr. Owen deposed, That while he was parting with a Friend near his own Door, a Man came from Mr. Colley's Door, and look'd hard at him: That he then gave a slight Cough, and pass'd him; upon which he (the Witness) went into his own House, and listen'd: That hearing his Foot stop all on a Sudden, he partly opened the Door, and saw him at Mr. Colley's Door, and heard him cough again: That he observed him to look up to the Top of Mr. Colley's House; that he look'd up too, and seeing a Man upon the Top of the House, he call'd out to Mr. Colley's People, and told them there were Thieves on the Top of their House; upon which the Man at the Door ran away: That Mr. Colley came out to the Witness, and they both went to Mr. Colley's Door, but could not get in: That they then went backwards, and heard Davis cry out, - He had got the Man, upon which the Witness ran to assist him, and so the Prisoner was taken.

Mr. Colley. I believe he would have robb'd the House, after he had got what Lead he could, if he had not been discover'd.

Thomas Lion , the Constable, search'd the Prisoner at the Watch-house, and found two Nails and a Clasp Knife in his Pocket.

Bean (Watchman). As we were carrying the Prisoner before Justice Jones, two Women met him, and gave him some Gin; and he mumbled, and said, - D - mn his Eyes, if he had not left his Hammer behind him, he would have kill'd Davis, when he seiz'd him. The Prisoner's Hat was found in Mr. Colley's Hall, and he (the Prisoner) own'd it the next Morning, and we gave it him thro' the Rails of the Cage.

Mary Randall . I found the Hat, and carry'd it into the Parlour.

Prisoner. I was accidentally coming by, and saw a Man upon the Eaves of the House, as if he would drop from thence; so I went into the Yard, intending to take the Thief, and finding the Back-door open, ran in and cry'd Thieves! two Men stopp'd me upon the Stairs, and said I was one of the Rogues; I got from them, and they took me as I was pursuing the Men that got over the Wall. Guilty , Death .

Ashby Johnson.
21st February 1739
Reference Numbert17390221-6
VerdictsGuilty; Guilty
SentencesDeath; Death

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150. Ashby Johnson , of Harrow on the Hill , was indicted for breaking and entering the Dwelling-house of Thomas Brian , Esq ; about Twelve at Night, and stealing thence a Cloth Great Coat, val. 10 s. a Linnen Shift, val. 3 s. the Goods of John Edlin , in the said Dwelling-house , Jan. 16 .

John Edlin. I am Servant to Mr. Thomas Brian at Loxley Green, in the Parish of Harrow on the Hill . The House was broke sometime in the Night, between Eleven and Four, the 17th of January: A Quarry of Glass was broke; through which the Casement was unhasped, and so the Person that robb'd us came into the Hall, from whence I lost a Great Coat, a Shift of my Wife's, a Shirt of mine, and a Piece of Calicoe Cloth, which I have not swore to. In a Day or two I saw these Things at Richard Smith 's at Ganford Green, and they prove to be mine. This is the great Coat which was taken out of the House that Night, and 'tis mine; the Shift belongs to my Wife.

Richard Smith. The Prisoner brought this great Coat to me, as I was binding Hay in the Barn.

Prisoner. I found it. Guilty , Death ,

He was a second Time indicted for breaking and entering the Dwelling-house of Thomas Thompson , about Twelve at Night, and stealing a

Hat, val. 2 s. a Pair of Leather Boots, val. 9 s. the Goods of Thomas Thompson; and a Plush Coat, val. 9 s, and a Dimity Waistcoat, val. 3 s. 6d. the Goods of Henry Rudd , Jan. 31 .

Thomas Thompson. My House was broke open the 31st of January at Night, and I lost a Hat, a Pair of Boots, and some other Things; likewise a Plush Coat, and a strip'd Dimity Waistcoat, which belong'd to Henry Rudd, a Servant of mine. A Pane of Glass was broke, by which Means the Casement was open'd; and I guess the Robbery was committed between Eleven and Twelve at Night. Here are the three Men who took him at Ealing, two Miles from my House: I live in the Parish of Harrow on the Hill . These are the Boots, and they are mine; but the Plush Coat we can't find.

A Witness. I bought these Boots of the Prisoner.

Prisoner. I did sell the Man the Boots. Guilty , Death .

Edward Campbel, Elizabeth Booth, Anne Lewis.
21st February 1739
Reference Numbert17390221-7
VerdictGuilty; Guilty > lesser offence; Not Guilty
SentenceDeath; Transportation

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151, 152, 153. Edward Campbel , Elizabeth Booth , and Anne Lewis , of St. Giles's in the Fields , were indicted for breaking and entering the Dwelling-house of William Mumford , between Twelve and One at Night, and stealing twenty-four Pair of Leather Shoes, val. 40 s . Feb. 13 .

William Mumford. I went to Bed that Night about Eleven o'Clock, and fasten'd my Door. I rose at Six the next Morning, and found the House broke, and twenty-four Pair of Shoes gone: The Lock of the Door and four Bolts were broke. We have Part of the Goods here; this large Pair of Men's Shoes, and these Girls Pumps, are mine, and they were mark'd, - 2 s. each, but they have rubb'd the Marks out. I don't make them; I only buy and sell. Campbel confess'd before the Justice, that he broke open the House, between Twelve and One o'Clock, and that he took but fourteen Pairs, tho' I miss'd twenty-four when I came to number my Shoes.

Q. What Sort of a House was this?

Mumford. 'Tis a Shoemaker's Shop, and a Cook's Shop; I lie in the House: There are eight Rooms in it.

Martha Clark Last Valentine's Day the three Prisoners, and Nan Lewis 's Husband, came and knock'd at my Door about Six in the Morning: The two Women had their Aprons ty'd up with something in them; I asked them where they had been so early? they told me, - to see the Birds couple, and to gather Chickweed. By and by Elizabeth Booth put some of her Shoes into my Bed, and Lewis convey'd some of hers under the Table, and they both desired me not to take any Notice, for they would raise some Money upon them, unknown to the Men, and would share it between themselves I hid the Shoes, and Campbel and Booth stay'd there all Day, and quarrel'd about them. He damn'd her for a Bitch, and said there was not all the Shoes; she said, she knew nothing of them; so he lick'd her, and gave her two black Eyes. The next Day Booth and her Sister came and ask'd for one Pair, which I deliver'd into her Apron: And the Day after this Campbel and Booth came again, and as they both sat by the Fire, a Breeches-maker came in, and told me, (in their Hearing) that Mumford's Shop had been broke open, and he had lost a great many Shoes: This was on Friday, and they both seem'd very uneasy, and went away. The next Day, (Saturday) Booth came for the rest of the Shoes; and I told her, I would stop them for Mr. Mumford. As I was speaking, - in came Campbel, and says Booth to him, - do you know any thing of Mumford's Shoes? he told her, no: Push off, says she, and so away he went. When he was gone, she (Booth) asked me if I stopp'd the Shoes? I told her, - yes. Then d - mn my Eyes, (says she) I'll go and see if you have carry'd them home to Mumford, or not. Upon this I sent to Mumford, and he own'd the Goods. I can't say whether the Men had any of the Goods upon them when they came in; 'twas the two Women brought them in, in their Aprons. When they open'd their Laps, and shew'd me the Shoes, I thought 'twas fine Chickweed.

Prisoner Campbel. Did you see any of the Goods upon me?

Clark. He said before the Justice, - That he gave the Woman the Shoes, and if he had had a Sack, he could have carry'd off more.

A Constable. I had a Warrant against the Prisoners, and when we had found them, we carried them before Justice Mercer; Campbel confessed that he broke open the Shop, and stole fourteen Pair of Shoes, and if there was more, the two Women cheated him. He said the two Women were there to receive the Goods, as he brought them out; but they said they were both innocent in the Affair.

Campbel. This Martha Clark owes me a Grudge, because I lodged in her House, and have not paid her; so she and Addey the Thief-Taker have collogu'd together, to take away my Life for the Sake of the Reward.

Prisoner Booth. This Lewis and her Husband had quarrelled, and I went out with her that

Night to see Him, about Twelve at Night. Between Five and Six in the Morning, we called at this Clark's for a Dram. There we found Campbel and Lewis's Husband, with their Aprons full of Shoes; which they gave to us, and bid me tell Clark it was Chickweed. We had three or four Pints of Gin among us; and about Ten o'Clock they called us out into the Entry, and took them from us. Campbel told me - his Master was going to break, and he had been helping him off with those Goods.

Lewis. About Eleven at Night my Husband and I had Words; he went out, and I asked Booth to go with me to see for him. We went to several Places, and at last we found him and Campbel at Clark's with the Shoes.

Mumford. When Booth was before the Justice she said Campbel broke open the Shop, and brought out the Shoes, and that she and Lewis took them into their Aprons.

The Constable. Campbel told us, That Lewis's Husband was with them; that He and Lewis broke open the Shop, and the two Women were there, to assist in carrying the Goods away.

Campbel. I did not get up that Morning, till about Five o'Clock, and is it probable that after I had drank Share of so many Half-pints of Gin, I should break open a House! It takes up a good deal of Time to do such a Thing.

Campbel, Guilty , Death . Booth Acquitted of Burglary, but Guilty of the Felony . Lewis Acquitted .

[Booth:Transportation. See summary.]

Peregrine Audley.
21st February 1739
Reference Numbert17390221-8

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154. Peregrine Audley , of St. Butolph without Aldgate , was indicted for assaulting William Mawley on the King's Highway, putting him in Fear, and taking from him a Hat value 2 s. a Peruke value 3 s: and a Shilling in Money , Feb. 11 .

William Mawley. The Prisoner is the Man that robbed me of my Hat, Wig, and a Shilling, at the upper End of Rosemary-Lane , last Sunday Night was Se'en-night, between Eight and Nine o'Clock. He walked-up to me, and looked me full in the Face and, mumbling something, he gave me a Blow on the Breast, which surprized me, and then he took a Shilling out of my Pocket? and when I found my Hat and Wig go, I caught hold of his Coat, but he was too brisk for me, and got loose. I pursued him to the Place where he was taken, getting over a Wall into Justice Riccards's Yard. It was Moon-light, and I knew him again, and picked him out from all the People that were there. I saw the Colour of his Coat, - a White Loose Coat; a blew Waistcoat, and a speckled Shirt. I saw him at the Justice's, in half an Hour after I was robbed, and remember he had a Scar on one Side of his Face; which I took Notice of, when he robbed me. I can't say I minded on which Side it was, when he robbed me, but I knew him again, and swore to him.

John Scot . I know the Prisoner is the Man we took in Justice Riccards's Garden, last Sunday was se'en-night, between Eight and Nine o'Clock. We carry'd him into Mr. Riccards's Parlour, and I was present when Mawley first saw him there. Several of our Men were standing together with the Prisoner, and he ( Mawley ) picked him out, and said, that was the Man who robbed him of a Hat, Wig, and a Shilling. The Prisoner had the same Coat on, that he has now; a Blew Jacket, and a Cap. The Hat I found in a back Place, and the Wig in another, about six or seven Yards from the Place where I took him: I brought them into the Parlour, and Mawley owned them. (He swore to them again in Court.)

Richard Walker . I live with Mr. Riccards; and hearing there were Thieves in the Garden, I ran in, and seeing the Prisoner, I laid hold of him, and carry'd him into the Parlour. The Prosecutor, when he came in, picked him out from among Twenty or Thirty People.

James Bradford Last Sunday Se'en-night I heard a Cry of Thieves being the Garden, and I went out and found the Prisoner coming out of the Vault, I laid hold of him, but he was too-strong for me, and got away from me: So the last Witness came up and took him directly; and when Maudley came in, he picked him out from among thirty or forty People.

A Witness. I was the Officer that took him into Custody: I found the Prosecutor bare-headed, with only a Handkerchief about his Head, and he was positive the Prisoner was the Man that robbed him.

Prisoner. I had been at the Glass House about a Quarter of an Hour, before the Maid said there were Thieves in the Glass House. I thought they had been only playing the Rogue: However, I went to the Door, and a Gentlewoman said, - 'twas a long time before any body came to the House. Madam, says I, I came as soon as I could; then Mr. Riccards bid me go and see if any Body was in the Vault: so I went and poked about there, and these People came and took me, and then the Justice deny'd that he had sent me there. Guilty , Death .

James Grimson.
21st February 1739
Reference Numbert17390221-9
VerdictGuilty > lesser offence

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155. James Grimson , alias Grimshaw , was indicted for breaking and entering the House

of John Ridley , about Eight at Night, and stealing a Cloth Coat, a Cloth Waistcoat, a Pair of Buck skin Breeches, five Shirts, five Guineas, four Half Guineas, and twelve Pounds thirteen Shillings in Money, the Property of the said Bridley, in his Dwelling House , Feb. 8 .

John Ridley. My House was broke open the 5th of February. I keep Coaches, and there is a Stable joins to my House, and a Door in the Stable, that goes up Stairs to my Chamber. This Door in the Stable must be broke first, and then the Chamber-Door. I went out in the Morning about Nine o'Clock, and left the Prisoner in the Stable, for he used to help me about my Coaches, and I did not come home 'till between Nine and Ten at Night. I am sure I locked the Chamber Door, for I called him up and gave him a Glass of Brandy, before I went out, and he saw me lock the Door when I came out. But when I came home, I found the Door broke, and this Iron was left in my Room, which Mr. Johnson in Grays-Inn Lane proved to be the Prisoner's, and the Prisoner owned Mr. Johnson gave it him. I lost seven Shirts, a Cloth Frock, a Cloth Waistcoat, a Pair of Buck-skin Breeches, and 20 l. in Money. I am positive I had all these Things in the Chamber on Saturday Night, and no one else had been in the Room from that Time to the Time I came home, and found I was robbed. When the Prisoner was taken, one of my Shirts was upon his Back, and he owned it was mine. He deny'd his taking any thing else, at first, but afterwards, when he found I was about to search his Lodging, he confessed his taking every thing, but the Money; and he acknowledged that he he forced open the Door in the Stable with this Iron.

Prisoner. Were all the Things you found in my Custody your's?

Ridley. Yes: - The Shirts were all numbered and marked with I. R. They are in the Constable's Possession, but he could not be here.

Elizabeth Basiere . The Prisoner lodged in my House, a Week and two Days; and two Days before he was taken up, he desired me to tye up four Shirts in a Napkin for him, and put them in a Chest which stood in his Chamber, which I did, without looking for any Marks, either good or bad; and seeing a Coat, Waistcoat and Breeches upon his Bed, I put them in likewise. I can't tell whether he had these Things when he came to my House at first, nor did I know what Linnen he had; but three of the Shirts, and the Breeches, were found there, which Mr. Ridley owned, when he searched his Room, and one of the Shirts was upon his (the Prisoner's) Back, but the Coat and the Waistcoat were gone I was present when Ridley searched, and he carry'd the Things he claimed before the Justice. During the Time the Prisoner lived at my House, he used to go out in the Morning, and come home at Night to Bed. I never saw him but twice in his Room, and I know nothing of his Character. A Coachman brought him to me, as an honest Man, and he behaved as such, to the best of my Knowledge.

Bury. Did he break the Door in the Stable, or the Chamber Door with that Iron?

Ridley. He broke the Door in the Stable first, and then the Chamber Door. The Stable Door was a strong Door, but he bent the Staple of the Door back, and then forced open the Chamber Door, which he saw me lock; 'twas a Stock-lock, and a very good one: When he came out, (I apprehend ) he came thro' the Coach-house, which was fastened on the Inside with a wooden Pin; for those Doors were left open, and the Pin was gone.

Prisoner. The Shirts were, - all my own, - every one, - all my own, and the Breeches too. I bought the Breeches in Monmouth-street, and the Shirts in Rag-fair, but nobody was with me when I bought them. Acquitted of the Burglary*, Guilty of the Felony .

* Burglary is breaking into an House in the Night, with a Felonious Intent. In Law, 'tis Night when one Person's Face cannot be distinguished from another; Now, although the Prisoner confessed he broke open the Door, he did not in his Confession own at what time it was; and as the Prosecutor was out in the Morning the Offence charged as Burglary might have been committed before Night.

[Transportation. See summary.]

Abel Bum.
21st February 1739
Reference Numbert17390221-10
VerdictGuilty > theft under 5s
SentenceMiscellaneous > branding

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156. Abel Bum, alias Burn , was indicted for stealing a Peruke, value 25 s. the Goods of William Peartree , in the Shop of Thomas Howard , Feb. 3 . Guilty 4s. 10d .

[Branding. See summary.]

Grace Morris.
21st February 1739
Reference Numbert17390221-11
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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157. Grace Morris , was indicted for stealing a Brass Saucepan , value 2 s. 6 d. the Goods of William Richards , Feb. 7 . Guilty 10 d .

[Whipping. See summary.]

Elizabeth Thomas.
21st February 1739
Reference Numbert17390221-12
VerdictNot Guilty > no prosecutor

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158. Elizabeth Thomas was indicted for stealing a pair of Leather Shoes, value 4s. the Goods of Robert Powel , Feb. 7 .

The Prosecutors not appearing, the Prisoner was Acquitted.

Hugh Postewait.
21st February 1739
Reference Numbert17390221-13
VerdictGuilty > theft under 1s

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159. Hugh Postewait was indicted for stealing thirty Pounds of Starch, value 3 s. 6 d. the Goods of John Barefoot and Company , Feb. 3 . Guilty 10d .

[Transportation. See summary.]

Barnard Mackennes.
21st February 1739
Reference Numbert17390221-14
VerdictNot Guilty > no prosecutor

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160. Barnard Mackennes was indicted for stealing a Jointing Plane, value 3 s. the Goods of Anthony Kingscot ; and thirty Pounds of Iron Back Hoops, value 2 s. 6 d. the Goods of John Rosswell , in his Shop , Feb. 4 .

No one appearing against the Prisoner, he was Acquitted .

Mary Davis.
21st February 1739
Reference Numbert17390221-15
VerdictNot Guilty

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161. Mary Davis was indicted for stealing a Watch, with the outside and inside Cases of Silver, value 42 s. and a Chain made of Brass, and other Base Metal, and a Brass Seal, value 2 s. 6 d. the Goods of Thomas Cheveney from his Person, Jan. 29

Cheveny . On the 29th of January, I had been at a Club, at The Black Hog in St. Martin's-Lane, and as I was coming home about Ten o'Clock at Night, I met the Prisoner at the Bottom of King-Street, Westminster; she took hold of me, and said, - Master, will you treat? I told her, I could not afford it. Well, says she, if you'll treat this Time, I'll treat next. Upon these Conditions, I said, I did not care if I did. Then she bid me come along with her. So she carry'd me to the House of one Stark, in King street , and I spent three Pence, then I said I would go home. She told me she would not part with me so, and followed me out to the Door; we stood talking together about a Quarter of an Hour, and in that Time she picked my Pocket, and then ran in Doors, and shut the Door upon me. I told her she had got my Watch, and called to have the Door opened, but it was not opened. Then I called the Watch, and they made them open the Door. There were other Women in the House, beside the Prisoner, so the Watchmen asked me, which of these Women had robbed me? I told them I did not see her, I believed she was got off, and the Watchmen said, they could not search the House without a Warrant; but the Man of the House telling us we might search, tho' we had no Warrant, we did search, and found the Prisoner hid in a Closet; so she was carry'd to the Round house for that Night, and next Morning we had her before Mr. Frazier. Before him, she said she knew nothing of the Watch, but it was produced at the same Time, by the Prisoner's Husband, and then she told the Justice she had found it.

Prisoner. Ask him whether he felt me take it?

Cheveny. No; I did not; but there was no one at the Door, or in the Entry with me, but the Prisoner.

George Stark . The Prosecutor came to my House, and desired me to take his Watch in Pawn 'till next Morning. I refused to take his Watch, but told him I would let him have a Shilling or two 'till the next Morning. D - mn it, says he, if you won't take it in Pawn, I'll go out of the House. I believe the Prisoner and he might have a Pot of Beer together, and then they went out together, for about five Minutes: After which the Prisoner ran into the House again; he followed her and said - G - d d - mn the Bitch, she has picked my Pocket, and he called the Watchmen, who took the Prisoner, but but they found no Watch upon her. However, in about half an Hour after she was confined, her Husband came and said, I have the Watch, - take it and carry it down to her. I would have nothing to do with it, so I bid him carry it down and deliver it himself, so he took the Watch from between the Window and the Window-shutter. When she was before the Justice the next Morning, she said she knew nothing of the Matter, but she desired me to go and speak to her Husband about it; and I went up accordingly into her Room, and there the Watch was found between the Bed and the Sacking, and it was carried to Justice Frazier. She lodged in Cabbage-Lane, Westminster.

The Constable. This is the Watch that was brought to Mr. Frazier.

Stark. I can't swear to it, nor do I remember what she said before the Justice, when the Watch was brought.

Constable. This is the same Watch which was deliver'd to me before the Justice. Stark brought it in, and the Prosecutor swore to it.

Cheveny. This is my Watch.

Stark. I can't swear to it; but I deliver'd the same Watch which I found in her Lodging to Mr. Frazier.

Constable. And Mr. Frazier deliver'd it to me.

Prisoner. I never saw the Watch to my Knowledge. I was going home, and this Man came up to me, and clapp'd Two-pence Halfpenny into my Hand, to go and drink with him. I did not care to drink with a Stranger any where, so I went to this Mr. Stark's, because I was afraid of him, but I never drank of the Beer, nor did I sit by him. Acquitted

Johannah Harris.
21st February 1739
Reference Numbert17390221-16
VerdictNot Guilty > no prosecutor

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162. Johannah Harris was indicted for stealing a Woollen Rug, val. 5 s. a Blanket, val. 2 s.

two Sheets, val. 5 s. and several other Things, in her Lodging; the Goods of John Cox , Jan. 22 . But the Prosecutors not appearing when call'd, the Prisoner was Acquitted .

Ann Price, Sarah Gresham.
21st February 1739
Reference Numbert17390221-17
VerdictNot Guilty

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163, 164. Ann Price and Sarah Gresham were indicted for assaulting Thomas Cealey in a certain Court near the King's High-way, putting him in Fear, &c. and taking from him 18 s. in Silver, and Twopence Halfpenny in Copper , Jan. 26 .

Thomas Cealey . I was coming down Fleet-street, the 26th of January between Twelve and One o'Clock in the Night, - I had been on an Errand, and was going home; and a little on this Side Hanging-Sword Alley, in Cheapside, - Fleet-street , Fleet-street, I mean, - there Nan Price and Sarah Gresham met me, and knock'd me down with their Fists; - they struck me under the Eyes, and made 'em black for a Week. I got up, and they knock'd me down again, and rifled me, and took my Money, - 18 s. and Twopence Halfpenny. After this they charged the Watch with me, and I was sent to the Compter; so I charged the Watch with them, and they were sent away too. -The Element was thick; 'twas between Dark and Light; - 'twas middling. I am a marry'd Man, and a House-keeper. I am positive they are the two Women.

Price. Did not you swear before the Alderman, That you had been drinking a Pint of Beer with me in a House in White Lyon Court?

Cealey. No; they would have had me gone into a House with them, but I refused it; this was before they knock'd me down. I charged them with the Robbery as soon as it was committed; and they were taken into Custody as well as I, and the next Day we were all carry'd before Sir William Billers , a little below Sadler's Hall. - 'Twas at Guildhall. (It appear'd by the Calendar, that they were committed by Sir John Salter )

Price. He swore before the Justice, that he was robb'd in a House.

A Woman. I saw that old Gentleman in the uppermost House in White Lyon Court; and afterwards he said he had been robb'd in that House, and would have had the Watchman have made them open the Doors, but the People of the House refused to do it.

A Witness gave Price the Character of an honest Woman. Both Acquitted *

* Cealey swore before Sir John Salter to a Private Stealing; this Indictment was laid for a Street Robbery, on which, had the Prisoners been convicted, he would have been intitled to a Reward of 280l.

Thomas Compton.
21st February 1739
Reference Numbert17390221-18

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165. Thomas Compton was indicted for that he, being a Person of a wicked and evil Disposition, on the 4th of February in the Parish of St. Gregory, by St. Paul's, with a certain offensive Weapon, call'd an Iron Hammer, &c. on John Dew and Elizabeth Lynnel did make an Assault, with a felonious Intent, their Money to steal, &c .

John Dew. Mrs. Lynnel and I had been to see my Mother in the Strand, on the 4th of February; we came back after Seven o'Clock, and at Fleet ditch we took Coach to carry us to St. Margaret's Hill. On the South Side of St. Paul's, the Prisoner came, and put something into the Coach, and another (who was with him) cry'd out, - Stop! stop! but the Coachman drove on; upon which the Prisoner ran from the Coach-door, and told the Coachman, - If he did not stop, he would knock his Brains out. The Coach was stopp'd by the Prisoner; and I open'd the Coach-door and jump'd out, Mrs. Lynnel jump'd out after me, and slipp'd down; I had no sooner help'd her up, but the Prisoner ran from the Horses Heads to the Coach door again, and cry'd, - D - mn it, where's the Man and the Woman that were in the Coach! I cry'd, here; and he laid hold of me; I took hold of him; he had a Hammer in his Hand: But a Gentleman happening to come by, assisted me, and we took him to a publick House, 'till we could get a Constable. When the Constable came, we found a Peruke under him, but he would not own it belong'd to him. This is the Hammer; and a Knife was also found in his Pocket. He beg'd hard to be let go; but the Constable secur'd him, and the next Morning when he was carry'd before Sir John Thompson , he said he believed the Wig that was found under him, (the Night before) was his, and it was accordingly return'd to him by the Constable. I apprehend his Design was to rob us, by his stopping the Coach.

Sarah Clark . I was coming out of Red Lion Court , on the South Side of St. Paul's, and heard a Cry of - Thieves! - Murder! when I had got to the End of the Court, I heard somebody say, he had a Pistol; I look'd and pok'd about, and found this Hammer. I ask'd who this belong'd to? and the Coachman came up, and took it from me.

Elizabeth Lynnel gave exactly the same Account as Mr. Dew had done, only adding, - That when the Prisoner put the Hammer into the Coach she took it for a Pistol.

Thomas Golding . the Coachman. I was driving by St. Paul's that Night, a little after Seven o'Clock, and the Prisoner and another Man, call'd out, - Stop! I ask'd them what I must stop for, and went on a little farther; but the Prisoner came up to the Horses, and said if I did not stop he would knock my Brains out.

William Elson . On Sunday the 4th of this Month, I was coming through St. Paul's Church-yard, between Seven and Eight o'Clock at Night, and heard a Cry of Stop Thief! - Murder! I went to see what was the Matter, and found Mr. Dew and the Prisoner between the Posts and the Houses. The Prisoner said, - Where's the Man and the Woman that was in the Coach? the Prosecutor said, - I am the Man. Then the Prisoner struck him, and disengaged himself from him; but upon the Prosecutor's calling out, - (What will nobody assist in taking a Street Robber,) I seiz'd him by the Collar.

Prisoner. I was coming along Paul's Churchyard, and this Man and Woman cry'd out, Thieves. I was then before them, and cry'd, - What's the Matter? Upon which the Man said, I suppose you are one of them, and so he laid hold of my Coat, and said I had a Pistol about me; and they carry'd me into a House, and took a Knife from me, tho' I told them I was a Coachman, and that we Coachmen seldom go without Knives about us.

Three Witnesses spoke to the Prisoner's Character, and said they thought he had been an honest Fellow. Guilty .

[Transportation. See summary.]

David Adamson.
21st February 1739
Reference Numbert17390221-19
VerdictNot Guilty

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166. David Adamson of St. Mary Whitechappel was indicted, for that at the Sessions of Goal-delivery of Newgate, held at Justice-hall in the Old Baily, on Wednesday the 17th of January last, &c. William Rogers was according to due Form of Law indicted for that he, on the 15th of November, in the Parish of Allhallows Barkin, 13 lb. of Tobacco, val. 7 s. the Goods of Persons unknown, did steal, &c. and on the said Indictment, the said Rogers was according to due Form of Law try'd by a Jury of the Country, empannel'd between our Lord the King and the said Rogers, and was by the said Jury convicted, as by the Record, &c. doth more fully appear. And the Jurors now farther present, that he the said Adamson on the 15th of November , the said 13 lb. of Tobacco, did receive, &c. knowing it to be stole .

The Council for the King having open'd the Charge, the Witnesses were call'd.

William Keys . I know Rogers, and I know the Prisoner; and I know of some Tobacco which was taken by Rogues, - some from the Tops of the Hogsheads, and some out of the Hogsheads, - where we can light of it. Rogers and I have been concern'd in taking Tobacco; this 13 lb. and a half we took: we stole it, and carry'd it to David Adamson , the Prisoner, at his House: He lives two Doors beyond the Bull-head in Petticoat Lane , on the right Hand Side of the Way; I carried it there, and Adamson weigh'd it: He then had not Silver enough in the House to pay for it, but he desired me to go to the Bull-head, and he would come to me, - desiring me not to take any Notice; and accordingly he came there, chang'd a Guinea, and paid us. Rogers was with me at the same time. He paid us for 13 lb. and a half of Tobacco, 5 s. 6 d. and he paid at the same time 3 d. for a full Pot of Beer, which we had Part of.

Counc. And what Sort of Tobacco might this be?

Keys. Merchants Tobacco, - good Tobacco. I never enquired into the Worth of it; but sometimes we got Threepence, - sometimes a Groat a Pound: What he gave us was not the Worth of the Tobacco, for he gave us but 5 s. and 6 d. - for 13 lb. and a half. I was taken up on Thursday in Christmas Week, and was committed to Bridewell, where I lay a Fortnight. When I was taken up, I went before a Justice, and declared the whole Truth. We took our Opportunity to take Tobacco, sometimes in a Morning, before People were stirring, and at other times, as we had Opportunity. Rogers help'd to steal this Tobacco as well as I: He own'd before the Lord Mayor that it was stoln; - and he stole more than I did.

Counc. I ask you, Whether the Prisoner knew it was stole?

Keys. Yes; I have sold several Quantities of Tobacco to him before this; and I have told him where it came from. He us'd to say, - Why, this is bad Tobacco; and I us'd to say to him, - we can't make it better than it is - 'tis such as we can get.

Counc. Did you tell him this very Tobacco was stolen?

Keys. Yes; I did; this very 13 lb. and half. - and every Bit of Tobacco we sold him, we told him was stolen; and he knew it was stolen. We have sold him Tobacco very frequently, - and large Quantities.

Joseph Crosier . I am a Constable belonging to the Custom-House Key. My Business is, to look out for lurking Fellows, who steal the Merchants Tobacco. I saw a great deal at Adamson's House, when I went there with Mr. Green the Surveyor; Keys told me, when he was taken up, that if I would go to Adamson's, I might see a great many Pilferers upon the Keys. I went; and the first Man, I saw go in was Mr. Hanbury's Watchman, with a great Parcel of Tobacco, which we seiz'd in Adamson's Scales, and we found several Parcels of Tobacco, of different Sorts, in several Parts of his House; some Oroonoko, some Sweet-scented, and all in small Quantities. He keeps a little Snuff-Shop in Petticoat-Lane, and there we found a great Parcel of different Sorts of Tobacco. When he was taken up, he desired Rogers and Keys to be as favourable to him, in their Account before my Lord Mayor, as they could; and he desired me to speak to Rogers and Keys, that they might be favourable to him, for the sake of his Family, and that they might not tell all they knew of him; telling me that if I would go down with him to the Keys, he would shew me a great many People he had bought Tobacco of. He owned he bought this 13 lb. and a half of Rogers and Keys and they told him he knew very well that he had bought a great many other Parcels of them beside this. He would have made an Information against several People, but it was too late.

Counc. What do you take this Tobacco to be worth?

Crosier. Some Tobacco is better than other; but I think none can be bought for the Price he gave for this. I take it, the Duty upon it is Five Pence Farthing, or Five Pence Half-penny per lb. I have taken 3000 lb. Weight of stolen Tobacco from other People; and there are forty People now in Bridewell for taking it. When the Prisoner was first taken, I advised him to make himself an Evidence; but then he said, he knew nothing of the Matter; and afterwards, when he desired it, it was too late.

Peter Lindsey . I have wrought about a Twelve-month in the Prisoner's Shop: And all I have to say is, That I never saw him deal in this Way. I have sometimes made 40 lb. of Snuff in a Week for him.

Counc. And how much Tobacco goes to the making 40 lb. of Snuff?

Lindsay. I can't tell that. 'Tis made of Scuts Roll, and he has bought Roll of Mr. Gregory.

Mary Campell . I lived as a Servant with the Prisoner Nine Months, and have been come away from him about Three. I served often in the Shop, and I never saw any such Persons come there.

Counc. Might he not buy Tobacco, and you not know it?

Campbell. He never did - to my Knowledge. He bought some of one Mr. Gates - but I did not use to go with him when he bought it.

Alexander Cootes . The Prisoner used to come to our House, and he'd buy sometimes more, sometimes less; - sometimes he'd buy a Roll of Tobacco, - sometimes a Cask of Snuff. Sometimes he'd pay, and sometimes he'd let it alone till he had another Parcel. I have been acquainted with him Six or Seven Years, full; and he always came down very hard for what he bought, but I took him to be an honest Man. I deal in Roll Tobacco from Scotland.

Counc. Did you ever sell him any Leaf Tobacco?

Mr. Cootes. No.

Thomas Foresight . I have known the Prisoner from a Child. I have been acquainted with him, and have had Dealings with him, and have lodged in his House, and have work'd for him; and his Character is, - that he is an honest Man, and buys his Goods honourably, and has Bills of Parcels with them. I am a Snuff-Maker.

Counc. And do you buy your Tobacco in Small Quantities?

Foresight. No; I never buy less than a hundred Weight now: 'Tis not usual to buy in small Quantities; but when we have not much Money, we must buy what we can. I don't know but I have bought a Shilling's Worth myself, - a Man can go no farther than his Stock will bear.

Mr. Hamilton. I am Clerk to Mr. Buchanan, a Tobacco-Merchant: The Prisoner has bought small Parcels of Tobacco of us. I never heard any thing amiss of him before this Affair.

Edward Gregory . I am a Tobacconist and Snuff-Maker; I have known the Prisoner Twelve or Fourteen Years, and never heard but that he was a fair Dealer, and bore the Character of an honest Man.

John Oliver . I have known him between two and three Years, in my Neighbourhood, and never heard but that he was very honest. - I am not a Snuff-Man, - I am a Horner.

John Row , likewise, and William Catchpole , gave the Prisoner a good Character. Acquitted .

Deborah Chandler, George Stringer.
21st February 1739
Reference Numbert17390221-20
VerdictsNot Guilty

Related Material

167. Deborah Chandler , of St. Mary le Strand , was indicted for stealing a Gold Watch in a Shagreen Case, val. 10 l. the Goods of Jane Kidd , March 16. 1734 . And,

168. George Stringer , of St. Clement Danes , Pawnbroker , was indicted for receiving the same, knowing it to be stole .

It appearing that Mrs. Kidd had a Husband, the Prisoners were Acquitted .

John Birkenhead.
21st February 1739
Reference Numbert17390221-21
VerdictsNot Guilty; Not Guilty >