Old Bailey Proceedings.
17th October 1739
Reference Number: 17391017

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Old Bailey Proceedings front matter.
17th October 1739
Reference Numberf17391017-1

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THE PROCEEDINGS AT THE SESSIONS of PEACE, Oyer and Terminer, FOR THE CITY of LONDON, AND County of MIDDLESEX, ON

WEDNESDAY the 17th, THURSDAY the 18th, FRIDAY the

19th, of October.

In the 13th Year of His MAJESTY'S Reign.

BEING THE

Eighth SESSIONS in the MAYORALTY

OF THE

Right Honourable Micajah Perry, Esquire,

LORD - MAYOR of the CITY of LONDON.

NUMBER VIII.

LONDON:

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

MDCCXXXIX.

[Price SIX - PENCE.]

Of whom may be had any of the preceding Numbers, or complete Sets on fine large Paper.

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; the Right Honourable the Lord Chief Justice LEE, Mr. Justice DENTON, Mr. Serjeant URLIN, Deputy Recorder of the City of London, and others of 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.

Thomas James ,

Samuel Sutton ,

Jarvis Giffard ,

Lawrence Newsham ,

George Robins ,

John Willis ,

William Marlow ,

John Knowles ,

Daniel Dixey ,

James Groves ,

James West ,

Richard Ward .

Middlesex Jury.

Benjamin Timbrell ,

William Frith ,

John Lutman ,

Lawrence Neal ,

Thomas Brookes ,

Isaac Clark ,

Joshua Fletcher ,

William Barlow ,

Robert Scot ,

Thomas Hampstone ,

Philip Speed ,

William Campbel .

John Hart.
17th October 1739
Reference Numbert17391017-1
VerdictGuilty > theft under 5s

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488. John Hart , of Allhallows the less , was indicted for stealing 300 cwt. and half a Pound of Woad, val 5 l. the Goods of his Masters, , Sept. 24 . Guilty, 4 s. 10 d .

Sarah Sumner.
17th October 1739
Reference Numbert17391017-2
VerdictGuilty

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489. Sarah Sumner , of St. James's, Westminster , was indicted for stealing two Gold Rings, several other Goods, and 4 s. 6 d. in Money ; the Property of John Jarrat , Sept, 21 . Guilty .

Thomas Hanning.
17th October 1739
Reference Numbert17391017-3
VerdictGuilty
SentenceDeath

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490 Thomas Hanning , of London, Labourer , was indicted, for that he on the 21st of August , in the Parish of St. Giles, without Cripplegate , with Force and Arms, feloniously and unlawfully procured John Hough , (he being a Subject of our Lord the King) to enlist and enter himself as a Soldier for the King of Prussia, without Leave first had and obtained, under the Sign Manual of our Lord the King, in Contempt of our Sovereign Lord the King, and his Laws; to the evil Example of others, offending; against the Peace of our Lord the King, &c. and against the Statute in that Case made and provided .

The Indictment further charged, - That he, the said Thomas Hanning, afterward, to wit, on the 21st of August, in the Parish aforesaid, with Force and Arms, feloniously and unlawfully hired and retained John Hough , (he being a Subject of our Lord the King) with an Intent to cause the said Hough to enlist and enter himself to serve the King of Prussia, as a Soldier; without Leave first had and obtained, &c. &c.

The Councel for the King having opened the Indictment, and the Nature of the Offence, (which was made Felony without Benefit of the Clergy, by the IXth of his Present Majesty) and having taken Notice of the evil, Consequences of this Practice, and the Nature of the Evidence to support the Indictment, John Hough was swornn.

Hough. I am an English Man, born in Warwickshire; by Trade I am a Taylor, but I have been a Grenadier in the first Troop of Horse-Guards these four Years.

Counc. Was any Application made to you to quit the King's Service, for any other?

Hough. I did not think proper to leave my King and Country, to serve the King of Prussia, but I have had great Encouragement to do it.

Connc. From whom, and when?

Hough. About the Beginning of last August, or the latter End of the other Month, (it was last August) one Carrol came to my House, and

asked me to take a Walk with him; I refused him at first, because my Wife was ill a-bed: He came again in the Afternoon of the same Day, and likewise the next Day; I then went with him, and he carry'd me to a publick House at the Back of the Royal Exchange, I believe 'twas to the Sign of the Horseshoe. After we had drank together, he told me he would fetch a Gentleman who would speak with me, and accordingly he went out, and in a few Minutes he brought in one Anderson, who shook Hands with me, drank my Health, and ask'd me if I had any Desire to go Abroad? I told him, no. Then he asked me it I had dined? I told him I had not: Upon which he sent Carrol for some Beef Stakes, and in the eating them he told me, I was a likely young Man, and would do very well for the King of Prussia, and that his Service was much better than the King of England's. After we had din'd plentifully, he drank a Health to a particular Person on the other Side the Water, and we parted for that Time; but Anderson and I met several Times after this, and he having promis'd me some Work for him, as a Taylor I went to his House in Crown Court, in Crown Alley, Upper Moorfields, and spoke to him about it: He told me, he would send me some Cloth to make up for him; but, says he, I know a Gentleman that wants to speak with you, and if you'll go to the Royal Exchange, and sit down on the Bench, I will meet you a Quarter after Twelve. I went thither, and waited a good while; at last the Prisoner came up to me, and asked me if I was not waiting for one Anderson, I told him yes; he then took me to the Cross Keys Tavern, where I found Anderson, and we had a Fowl and Bacon dress'd for Dinner, and drank several Bottles together. After we had drank plentifully, the Prisoner told me, Carrol had used me ill, in not delivering me the Cloth which Anderson desired I might make up for him, but I do assure you, (says he) you shall have whatever Anderson has promis'd you; and pulling a Sheet of Paper out of his Pocket, he gave it into my Hand, saying, - here is my Master's broad Seal, and this is his own Hand writing: His Master (he said) was the King of Prussia, and that was his Power to enlist all Men who were willing to go, and none else. At the Bottom of the Paper he shew'd me the White Horse, which is Part of the King of England's Arms. What the Contents of the Paper were I cannot tell, for I could not read it: I am but a poor Scholar, and cannot read English, unless it be wrote very plain.

Counc. What Day was it when he produced that Paper?

Hough. It was in the Beginning of August, but I cannot tell the Day exactly. The next Day we met at Guild-hall Coffeehouse, and agreed to meet again in the Evening at the Crown, in Princes street, near the Royal Exchange: There we drank Beer, and had Oysters for Supper, and the Prisoner paid the Reckoning; he was too honourable to let me pay any Thing; I never paid but one Two-pence in his Company, and that was at this Place, when our Reck nig once came to 20 d. and he paid 18 d. and I laid down 2 d. At this Time he appointed me to meet him the next Morning, and he then told me, he had got a young Gentleman (whose Father had a Place under the King) to go Abroad with me, and who was taller than me by an Inch or two, and the Gentleman would be glad of my Company, and we might pass for Brothers. The Day following this, we met at Guildhall Coffeehouse again, and he talk'd about the young Man that was to go with me; I have since found it was one Charles Clay , who had lately been discharged out of Newgate, that was to pass for my Brother, and to go with me to Prussia. This Man the Prisoner brought with him the next Day to Guildhall Coffeehouse, and there he told me he would make Anderson's Promise good, and would make up 10 l. for me here, and 10 l. more he would give me when I came on the other Side of the Water.

Counc. What was you to have this Money for?

Hough. The Prisoner was to give me this Money to go over to be one of his Majesty's Gentlemen, as they are stil'd, - to be one of the King's Body Guard: The King's Gentlemen is the usual Appellation given to his Body Guards; - we call them here the King's Gentlemen, and to be sure 'tis so Abroad. Our next Meeting was at the Crown Tavern at Cripplegate, and he would have had us have brought our Wives with us; but I refus'd, and said, no, no, we'll have no Wives with us. When the Prisoner order'd me to meet him at the Crown at Cripplegate, he wrote me this Paper of Directions. - I saw him write it with his own Hand.

Counc. You say he agreed to give you 10 l. here, and 10 l. on the other Side the Water, - what was you to do for it it?

Hough. I was to serve the King of Prussia, as one of his Body Guard. I asked him how I should be sure of the Money when I got Abroad, and he swore, by the Eternal God, I should have it. He likewise told me, he would give me some Cloth to make up against I went Abroad, and he

desired me not to be dilatory, for he did not know how soon the Captain would go off. According to his Order, I met him and Clay about Noon at the Crown at Cripplegate, and we had not been there long, before the Prisoner's Wife and Child came to us. We all ded together, upon a Shoulder of Lamb roasted and a Scrag of Mutton boil'd; and after Dinner, the Prisoner said - I don't know, Mr. Hough, how soon we may go; if I should give you some Cloth, I don't know whether you'll have Time to make it up, therefore here is a Thirty-six Shilling Piece to buy you a handsome Coat. Your Cloaths (says he) will be but of little Signification to you there, for my Master allows a Summer and a Winter Suit. At the same Time he changed a Guinea, and gave Clay half a Guinea, as a Person who was to serve the King of Prussia, as well as I; and Clay and I drank to one another, shook Hands, and agreed to pass for Brothers. Before we parted, he order'd me to come every Night to him at the Crown in Princes-street. and I accordingly went thither the next Evening. He then asked me if I had got Cloaths to go in? Perhaps (says he) you have not Money enough; so he left a double Louis d'Or with the Man of the House, and borrow'd 14 s. upon it, which he gave to me. He then took Measure of my Head, telling me he would buy me a Hat, and some ruffled Shirts, and would put me on board as a Merchant.

Counc. On what Account did he give you these 14 s. at this Time?

Hough. This was the Day after I had the Thirty-six Shilling Piece; and he gave me the 14 s. to buy other Things (as I thought proper) in order to my going over with him. I had made an Information of all this, sometime before, to Colonel Deveil, but there was no Warrant granted, because he said he would acquaint the Lord Harrington with the Affair; but in the mean Time I discover'd it to my Officers, and they inform'd my Lord Albemarle, and then I had a Warrant to take them up; but upon enquiring after the Prisoner, we found he was gone on board to provide for our Passage; Carrol and Anderson were fled before, and the Constable and I went several Times to the Prisoner's House, and we were told he was gone Abroad likewise.

Counc. Had you any more Money of the Prisoner, than the 36 s. and the 14 s. which you have mentioned?

Hough. Yes; I had several small Parcels before, which he gave me for my Keeping till I went with him to the Ship.

Counc. What Excuse did you make to him for not going?

Hough. He press'd me to make haste, because the Captain was going; but my Intent was not to go, tho' I promis'd him I would: I told him, I would get my Things ready as soon as possible. And after I had a Warrant to take these People up, I went immediately about it; but they were all fled. Carrol, I hear, is in Ireland, and Anderson is with the Prisoner's Brother at Dunkirk. The Prisoner was taken at the Dolphin Inn without Bishopsgate; he was to have gone Abroad next Day.

Counc. How far was August run out before the Prisoner was taken?

Hough. We were never three Days asunder in the whole Time. The last Money I receiv'd of him was on the 22d of August.

Counc. How long was that before he was taken up?

Hough. He had left his Lodging four Nights, and was taken nine or ten Days after at the Dolphin Inn.

Counc. Look on these Papers. - Are you sure the Prisoner wrote them?

Hough. Here's three Directions: These two I saw him write with his own Hand. The Papers were read.

'' 12. At the Crown Tavern, Cripplegate.

'' At the Bare, (Bear) Castle-street, against the '' Meuse.

'' 12. At the Crown Tavern, Cripplegate.''

Hough. The second Direction to the Crown, the Prisoner wrote, because the first was not wrote plain enough for me.

Counc. Are you sure what Day in August you met the Prisoner at the Crown at Cripplegate?

Hough. I am sure it was the 21st or 22d. The last time I met him was on the 22d of August, and that was at the Crown in Princes street.

Counc. When was the first time you met at the Crown at Cripplegate?

Hough. The first time was in the Beginning of August; but when he gave me the 36 s. it was about the 20th or 21st, and I am sure it was a Thirty-six Shilling Piece, for I put it off for so much; and I received it from him, for going to Prussia to serve in that King's Body Guards. He said he did not know how soon the Ship would sail, and I said, - I did not care how soon I went.

Prisoner. What Day of the Week was the 14 s. given you?

Hough. I can't tell what Day of the Week it was; but 'is my Opinion it was on the 22d of

August; for the Begining and End of the Affair was in that Month. He had been out of the Country, and was come to England but five Days before he apply'd to me. He had been to carry a Man Abroad, and shew'd me a Letter intimateing the same, at the Time he shew'd me the Commission, - the large Sheet of Paper: And I know the Man he carry'd Abroad was offer'd to our Company.

Prisoner. You say I paid you other small Sums at different Times, what were they for?

Hough. He gave me 3 s. 6 d. and such small Sums, for my Keeping, and those little Sums were to be made up 10 l. here, and I was to have 10 l. more on the other Side the Water; he told me so, when he gave me the second little Parcel of Money. He gave me 4 s. 6 d. at Guildhall Coffeehouse, and bid me speak if I wanted any thing, for whatever I wanted I should have, while I was here.

Prisoner. Did I mention one Word to you of serving in the King of Prussia's Army, or in the Body Guards?

Hough. He did, as God is my Judge, twenty times over.

Prisoner. At what Place was you first told, that you was to serve in the King of Prussia's Army?

Hough. At the Cross Keys, by the Exchange; where he shew'd me the Commission: and that was in the Beginning of August.

Prisoner. Was your Name enter'd in any List or Roll?

Hough. I believe you know that is what cannot be done. The Roll, I suppose, is kept on the other Side the Water.

Prisoner. Have not you apply'd to me for Work as a Taylor?

Hough. The Prisoner promis'd to employ me several Times during our Meetings, but he never was as good as his Word.

Prisoner. And was not you angry with me for not employing you?

Hough. No. For if he did not give me Work, he gave me Money; and that was as well.

Prisoner. I have been ill and fatigu'd, so can't express myself as I would. 'Tis a base Prosecution, and I believe will turn out so.

William Court. I keep a victualling House; the George, in Monmouth-street. I have known Hough about three Years: His general Character is that of a Rogue. I never heard any Man give him a good Character, but have heard many give him a bad one. He lodged twenty-three Weeks in my House, in the Year 1736, but he never paid me any thing. He was a Soldier, and bid me kiss his Arse. I had him before his Colonel and the Colonel endeavoured to get my Money, but Hough told him plainly he would not pay me. He has been once in my House since that time, and drank a Pint of Beer, but I believe he did not sit down.

Counc. Who do you know, that are of his Acquaintance?

Court. I can't tell. He is known about Monmouth-street; The Neighbours who use my House, know him.

Counc. Do you know the Prisoner at the Bar?

Court. No; I never saw him in my Life.

Patrick Grogan . I live in Princes-street, by Drury-Lane, and have known Hough very well by Sight, for these two Years and upwards He has a very bad Character given him, by every one he deals with. I took the lower Part of his House to sell Beer in. I believe he values his Oath no more, than I would [do to] take the Snuff of this Candle and throw it on the Floor.

Counc. And how long did you live in his House?

Grogan. About a Quarter of a Year: I did not observe any ill of him during my Continuance in his House, but the People in the House gave him a bad Character. Once I saw him buying stolen Goods in my Apartment. He bargained for a Waistcoat, and was to give fourteen Shillings for it; then he took the Man to the Barley-Mow, and afterward I saw him bring the Waistcoat home. I did not know at that time, that it had been stole; but afterward the Man at the Cross Keys in Monmouth-street, came to ask me if I had bought such a Thing? I told him no, - but I knew who did.

Counc. Pray where do you live?

Grogan. I keep the King's-Head, in King's-Head Court, Drury-Lane. I am a Taylor by Trade, and before I kept this House I lived in Ireland; from thence I came to London; and from London, I went to Paris, to edify myself in my Business and from Paris I came to London.

Counc. So you went from London to Paris to edify yourself as a Taylor, Alamode de Paris, and from thence you came to London to draw Beer.

Nathaniel Hawkins . I live in Exeter-street, and have known Hough about sixteen Months. His general Character is that of a Rogue. Every one that knows him gives him that Character. I lived nine Months in his House, out of the sixteen. I knew he bought the Waistcoat, but I did not make any Information of it.

Counc. How long was this before you quitted his House?

Hawkins. About four Months. I gave him Warning the next Quarter Day.

Counc. I suppose you paid him his Rent?

Hawkins. No: I did not. He distrained upon my Goods, a Fortnight after Quarter-Day.

Counc. Was you present when Hough bought the Waistcoat?

Hawkins, I heard him say he had bought a good Bargain for 13 s. and that he would not take a Guinea and a Half for it. I don't say he knew it was stolen.

Counc. What Business do you follow?

Hawkins. I am a Stay-Maker, and work with Mr. Alsop, in Blackmoor-street.

Elizabeth Langford , I have known Hough about three Quarters of a Year and a Month. His general Character is that he's a vile odious Man, and don't care what he does for the Lucre of Money, nor whose Life he takes, - nor what he does. He lives next the George Inn, in little Drury-Lane.

Counc. You answered to the Name of Langford. Is not the last Witness (Hawkins) your Husband? Was not your Evidence set aside on a Trial at the Marshalsea, because you was his Wife?

Langford. I only live with him, to look after his little Apartment, and to wash him, and mend him, and to take Care of his Children, for he has no Wife.

Charles Martin . I have known Hough about a Year and a half. I live now within three or four Doors of him. The Neighbourhood gives him the Character of doing any thing for the Lucre of Gain. I am not acquainted with him any farther than giving him a civil Answer in passing and repassing. I lived once three Months in his House, and I believe he would not scruple to swear a Man's Life away. I believe he would do it for nothing, - provided he could get any thing by it.

James Gorman . I have known Hough between four and five Years. I don't hear any thing of a good Character of him. His Neighbours give him but a very indifferent one, as that he is a very uneasy, unjust Neighbour. I don't think he is to be believed upon his Oath. I am a Journeyman Taylor, and I live in Drury-Lane. I worked with him at one Mr. Carrington's, at the Golden-Key, in Wych-street, two Summers, off and on.

Francis Priest . I have known the Prisoner about four Years: He always bore an honest Character, and I believe he is in a good Way of Business. He buys Cloth, and goes abroad to France, and Dunkirk. I know he bought four or five Pieces at a Sale, and I bought four Yards and a half of him again. I believe he trades sometimes to Holland, and brings Goods from abroad, but I don't know that he ever entered any at the Custom-House.

Abraham Anderson . I have known the Prisoner three Years. I never heard any thing to contradict his being an honest Man. He trades to Dunkirk, and I have sold Cambricks for him. I reckon him a Merchant, but I can't say I know of his entering Goods at the Custom-House.

Edward Hartrey . I have known the Prisoner seven or eight Years. He trades beyond Sea: I never bought any Goods of him, but I bought some Houses of him about eight Years ago, and have paid him a deal of Money. I never heard but that he had a good Character, nor ever knew that he was concerned in inlisting Soldiers.

Richard Oldridge . I have known the Prisoner five Years; he is in a good Way of Livelyhood, and has a good Character. I never heard of his enlisting Men for Soldiers, in my Life. He goes about half a Dozen times a Year to Holland and Dunkirk, and I know the Captain who was to have carry'd him, this time, - if he had not been taken into Custody. I have made him 14 Great Coats for Exportation, and two or three of my Servants pack'd them up, with some other Goods, among which was a Piece of coarse Cloth, about eight or nine Shillings a Yard, and some Remnants of six Shillings a Yard.

Prisoner. What Sums and Bills have you seen in my Possession?

Oldridge. To the Value of 600 l. in Money and Bills.

Jury. What Colour were the Cloaths you made up for the Prisoner?

Oldridge. Some of them were dark Drabs; some of them were lin'd, and four of them unlin'd.

John Lee . I have known the Prisoner sixteen or seventeen Years. I never heard but that he had a fair Character. I have dealt with him for some Pounds, and always found him as honest Man. I could not believe this Charge against him was true, when I heard it.

The Council for the Prosecution called the following

Witnesses, to support the Character of Hough.

Mr. Timms. I know Hough; his general Character is, that he is an honest-Man. I am a Taylor, and live very near him in White-hart Yard; I am a Housekeeper there, and have known him

nine Years. His Character is good, as far as I know; I never heard any Ill of him, and believe he would not forswear himself.

Prisoner. Have you had any Dealings with him?

Timms. No: But I believe him to be an honest Man, though I have not dealt with him.

Samuel Bird . I live about twenty Yards from Hough's House, and have known him about two Years. What he deals for, he pays for. I never heard, or knew, of any Dishonesty in him. I am a Housekeeper in White-hart Yard; Hough is a Soldier, and his Wife keeps a Chandler's Shop. I don't believe he would swear a Man's Life away wrongfully.

Nathaniel Hopson . I have known Hough about five or six Years. I am a Housekeeper, at the Artichoke in White hart Yard, - 'tis joining to Drury-lane. I never heard but that he had an honest Character; nor do I think he would forswear himself.

Joseph Crisp . I live in Russel-street, Covent-Garden - but a little Distance from Hough's. I have known him three Years, and he bears the Character of a very honest Man. I have entrusted him with some Scores of Pounds; he has return'd Money for me, because I did not think myself so proper to do it; and I have always found him honest, and he has faithfully accounted with me, for a Hundred or two of Pounds. He is entrusted by me at this present time. I never heard any Man give him an ill Character, or speak an ill Word of him in my Life. As for perjuring himself, I do not think he would be guilty of such a Fault.

Prisoner. What Business do you follow?

Crisp. I am a Housekeeper; I keep a Chandler's Shop, and have lived about Half a Year where I do now.

Prisoner. You say you are a Chandler, and you talk about his returning 200 l. for you. From where did this Sum come?

Crisp. From Norfolk. I am not Scholar capable of taking Care of my own Affairs; so I entrusted him.

Prisoner. Why Hough cannot read a Letter. [The Prisoner produced a written Paper, which was Shewn Hough.]

Hough. I can't read this Paper; but what signifies that? I can keep an Account, and I can write a little. Mr. Crisp had 200 l. left him in the Country; I went down, and manag'd the Affair for him, and kept a just Account. I have paid Six-score Pounds, and have Fourscore more to receive for him.

Robert Rounsome . I have known Hough twelve or fourteen Months. I live in White-hart Yard, near where lives; I never heard a bad Character of him, before I heard it here; in the Neigbourhood where he lives he bears a good Character.

Captain Hopkins . I have known Hough ever since the 23d of February 1735-6. I enter'd him then in the Troop, and the Man has behav'd well. I never heard he had a bad Character, and I believe he would not forswear himself.

Prisoner. Has he never been punish'd?

Captain Hopkins. No; never. He came and told me of this Affair, on the 24th of August; but he had been with Mr. Deveil before. When h