Old Bailey Proceedings.
4th December 1740
Reference Number: 17401204

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Old Bailey Proceedings front matter.
4th December 1740
Reference Numberf17401204-1

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THURSDAY the 4th, FRIDAY the 5th, SATURDAY the 6th, MONDAY the 8th, and TUESDAY the 9th of December.

In the 14th Year of His MAJESTY's Reign, BEING THE First SESSIONS in the MAYORALTY OF THE

Right Honourable Humphry Parsons, Esq; LORD-MAYOR of the CITY of LONDON.

For the YEAR 1741.



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



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

BEFORE the Rt. Honourable HUMPHRY PARSONS, Esq; Lord-Mayor of the City of London; the Right Honourable the Lord Chief Justice WILLES, Mr. Justice CHAPELL, Mr. Baron CARTER , Sir JOHN STRANGE , Knt. Recorder of the City of London, Mr. Serjeant URLIN, Esq; Deputy-Recorder, and other 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.

William Peers ,

Henry Little ,

William Cripps ,

Richard Horrabin ,

Benjamin Oak ,

Thomas Woolley ,

John Green ,

John Child ,

Thomas Milward ,

Francis Strong ,

Thomas Paine ,

William David Kemp .

Middlesex Jury.

Richard Bullock ,

Henry Bonell ,

Thomas Green ,

* Thomas Bastnet ,

* John Wright was sworn on Saturday instead of Thomas Bastnett .

Edward Storey ,

Thomas Brown ,

Ignatius Smith ,

John Simmonds ,

John Cullis ,

Henry Scott ,

Samuel Kirk ,

John Knight .

John Cawdell.
4th December 1740
Reference Numbert17401204-1

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1. John Cawdell , of St. Mary Magdalen, Milk-Street , was indicted for stealing 25 Yards and half of Mantua Silk, 25 Yards of Silver Ducape, 20 Yards of Cloth colour'd Ducape, 28 Yards of Black Callimancoe, 42 Yards of fine Brown Stuff, 28 Yards of flower'd Worsted Damask, 25 Yards of Green half Ell Mantua , 20 Yards of washed Garlix , the Goods of Timothy Ravenhill and Thomas Barker , Nov. 3 .

Mr. Barker. On the 4th of Nov. I saw three Pieces of Goods which I believe to be mine, at Mr. Hook's a Mercer in St. Martins le-Grand ; I desired to know how he came by them, and he inform'd me he had them from Elliot, who had been his Neighbour. The next Morning I was sent for to the Baptist's-Head in Milk-street, where Elliot own'd that he bought the Goods of the Prisoner. The Prisoner had serv'd us as a Porter, and when he was taken, he confessed that he had robb'd us of all the Goods mention'd in the Indictment, and directed us to go to his House for the 20 Yards of Garlix, which we found accordingly.

Mr. Ravenhill. I saw three Pieces, a black Callimancoe, a brown Stuff, and a wash'd Garlix, at Mr. Hook's, which I knew to be mine. The Prisoner acknowledg'd the Fact, and told us where the Garlix might be found.

Henry Hook . Elliot brought a Piece of blue Mantua to my House, and as he was a Neighbour I bought it of him; he afterwards brought some Silver Ducape, and ask'd me 4 s. a Yard for it, I then had a Suspicion of it, for I knew that most of the Trade gave more, but I bought that likewise, and then sent for the Person who makes these Goods, and by his Means I found out the Prosecutors: I desir'd Elliot, that I might better fix the Thing, to bring me more Goods, he did so, and among them this Callimancoe, and the brown Stuff, which Mr. Barker believed to be his. When Elliot was asked about these Goods, he owned that he bought them of the Prisoner.

Francis Elliot . I bought Goods of the Prisoner, paid him for them in my Ware-house, and afterwards sold them to Mr. Hook. I can't swear

that these are the same, for they are not in the same Condition as when I saw them, but they are like what I bought of the Prisoner.

Joseph Clarke . I bought some Goods of Elliot, and gave him a Market Price for them. He was a Neighbour, and bore a good Character, otherwise I should not have bought them. I can't tell what Business he follows, he keeps a sort of a Warehouse for Linnen I believe.

Mr. Sawbridge. I was at the Baptist's-Head with the Prosecutors, Hook and Elliot; the Prisoner was sent for, and acknowledg'd that he had sold these Goods to Elliot, and that he had robb'd his Master ever since 1739. Guilty .

[Transportation. See summary.]

John Runsburgh.
4th December 1740
Reference Numbert17401204-2

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2. John Runsburgh , of Chiswick , was indicted for assaulting William Collier on the King's Highway, putting him in Fear, and taking from him 6 d. in Money ; the Money of the said William Collier , November 19 .

William Collier . On the 19th of November about Eight at Night, as I was returning from Kingston Market , I was met between Brentford and Turnham-Green , by three Footpads; I am positive the Prisoner is one of them. They took me off my Horse into a-Field, pick'd my Pocket of my Money, and put a Groat into my Bag again. I can't say which in particular took my Money, for they were all together. When they had robb'd me, I went a little Way on the Road to Richard Hall's, to get Assistance to take them, and when we came back, they were in the Field, and fir'd at me directly. The Prisoner attempted to get over a Hedge, and was taken with a cock'd Pistol in his Hand; he said he would yield, and that it was the first Fact, and that he should be hang'd for turning his Coat.

Prisoner. There were several Men in the Field, and I did not know but they might be Rogues; so I cock'd the Pistol in my own Defence.

Richard Hall. The Prosecutor told me he had been robb'd, so I charg'd a couple of Guns, and I and my Man went to the Field where this Robbery had been committed. I saw three Men in the Field, and the Prosecutor was immediately wounded in the Neck by one of them. The Prisoner was taken as he was getting over a Hedge with a Pistol cock'd in his Hand, his Coat turn'd, and his Wig in his Pocket. We found a Bayonet, and two Hats in the Place, one of which the Prisoner own'd to be his.

John Wood . I was desir'd by the Prosecutor to assist in taking the Prisoner. I took another Man with me, and we went one Way into the Field, and Collier and Hall another; as soon as they got past the Gate, the Prisoner fired at Collier and wounded him: I saw the Fire fly, and immediately heard a crackling in the Hedge; I jump'd thro', and took the Prisoner with a Pistol leven'd at my Head.

Prisoner. I took him for a Thief, and did it in my own Defence.

George Bridges . I assisted the last Witness, and when Hall and Collier came through the Gate, a Pistol was fir'd, and presently we heard the Hedge crack; we immediately got through the Hedge, and Wood presented his Gun at the Prisoner, and swore if he did not surrender, he would blow his Brains out, he then yielded to us and we took this Pistol out of his Hand.

Prisoner. My Intention was to go to Thistleworth , to see a Friend, and I was weary, so I enter'd this Field to rest myself, and just at that Moment this unhappy Affair happened. I was alone, and carried the Pistol for my own Defence. Guilty , Death .

Peter Pairpait.
4th December 1740
Reference Numbert17401204-3
VerdictNot Guilty

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3. Peter Pairpait , of Pancras , was indicted, for that he, after the 1st of May, 1734, on the King's Highway, with a certain Pistol, &c. on Thomas Weston , did make an Assault, &c. with Intent the Goods and Money of the said Weston to steal, &c . November 19 . Acquitted .

Joseph Huddle.
4th December 1740
Reference Numbert17401204-4

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4. Joseph Huddle , of Stepney , was indicted for assaulting Thomas Cain , in a certain Field, near the King's Highway, putting him in Fear, &c. and taking from him two Pounds of Tea, value 10 s. the Goods of Thomas Barfoot , a pair of Shoe buckles , value 2 s. a pair of Knee-Buckles, value 1 d. a Stock, value 3 d. a Stock Clasp, value 9 d. and 16 d. in Money, the Property of Thomas Cain , October 18.

Thomas Cain . The Prisoner came to my Master's Shop, on the 18th of October, about nine at Night, and ask'd for two Pounds of Tea for Mr. Jones, of Stepney; we refused to send it by him without the Money; so I was to go with him for it; and as we were going along a Field, he on a sudden tripp'd up my Heels, fell on me with his Knees, and put a Knife to my Throat, and bid me deliver. He took from me 16 d. a pair of silver Shoe Buckles, a pair of white Metal Knee Buckles, my Stock, and a silver Clasp. The two Pounds of Tea he took from under my Arm when I fell; I had it under my Arm, and in the Force of the Fall it flew from me. About a Fortnight after this, I saw the Prisoner in St. Giles's Round-House , and knew him to be the Man who had robb'd me, and he said, D - n it, it does not signify denying it, for I did do it.

John Barfoot . I saw the Prisoner at the Round-House, and my Man said, This is the Man that robb'd me; he own'd that he was the Man, and said that it signify'd nothing denying it. He likewise confess'd the same, when before the Justice.

Randal Edwards. The Prisoner confess'd this Robbery, and several more to me; he told me where the Prosecutor liv'd, and desir'd that he might be admitted an Evidence. Guilty Death .

Lydia Atkins.
4th December 1740
Reference Numbert17401204-5
VerdictGuilty > theft under 5s

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5. Lydia Atkins , of St. Mary, White Chapple , was indicted for stealing five Hair Brooms, value 5 s. 18 Birch Brooms, value 10 d. 12 Mops, val 4 s. 6 Pound of Tobacco, value 5 s. and divers other Goods , the Property of Susannah Smith , October 20 . Guilty 4 s. 10 d.

[Transportation. See summary.]

Daniel Jackson.
4th December 1740
Reference Numbert17401204-6

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6. Daniel Jackson , of St. George, Bloomsbury , Shoe-maker , was indicted, for that he not having GOD before his Eyes, &c. on the 28th of Nov . on Hannah, his Wife, did make an Assault, and with a certain Pistol, value 12 d. charged with Powder, and small leaden Shot, which he had, &c. in his right Hand, to, and against the said Hannah, he did shoot off and discharge, he well knowing it to have been loaden as aforesaid, &c. and by the Force of the Powder, &c. on the upper Part of the Back, near the left Shoulder, did strike and penetrate; giving her, &c. one mortal Wound, of the Depth of three Inches, and Breadth of two Inches, of which she instantly died .

He was a second Time charged by Vertue of the Coroner's Inquisition for the said Murder.

Michael Moore . I took the Prisoner and the Deceased into my Coach at Piccadilly , and sat them down at the upper End of St. Giles's . The Prisoner pull'd a Pistol out of a green Bag, and flash'd it; the Deceased screamed out; and he said, my Dear I know what I am doing of. He then was enquiring for a Gunsmith (as he said) to sell the Pistols, and just as we were got to the Door, I heard a Pistol go off; I immediately turn'd about and saw the Deceased lying dead on the Ground, the Pistols at the Prisoner's Feet, and his Hand bloody. I asked him what he had done? he said, it was his poor dear Sister, the youngest of three, and if he had killed her, he must be hang'd. I did not know that he had Pistols, 'till I saw him draw one from under his Arm; and I was going to knock at the Gunsmith's Door when I heard the Report of the second Pistol.

Jury. Did he present the first Pistol at the Woman?

Moore . I can't say it was more to her than to me, for we were all three a-breast, and nobody was by, for it was a dark Night, and it rain'd very hard.

Margaret Lee . I saw the Prisoner and the Deceas'd married, in the middle of November, 1738, and since that Time, he has used her very ill. On the 10th of October last, he struck her on the left Side, and broke her Lip; the Tuesday after, he gave her a black Eye, and about a Week before she was kill'd, she told me, she was afraid Mr. Jackson would murder her. I charged him twice with using her ill, and he own'd it, and said, he would do so no more. I desired her to come from him, and she did so, but went to him again.

Mr. Macdonnal. I was with the Deceased about a Month , and then the Prisoner used to beat her, and knock her down with his Fist. One Time after he had beat her, he beat me out of the Room, because I told him he would murder her. He had a Hanger, and she us'd to hide it (she said) for fear he should kill her. On the Friday was sevennight , before the Murder, she was going to Mrs. Lee's, and he met her in the Entry, and asked her where she was going? he then struck her across the Nose, and made her bleed sadly.

Thomas Martin . The Deceased came to my House, the Friday Night before she was kill'd, and desired to lie there. She said she had been grosly abused by her Husband a long while, and she could not bear it; she then had two black Eyes, which she said were given her by the Prisoner.

Mr. Lewis, Surgeon. I inspected the Body of the Deceased, and found two Wounds, one on the Forehead, and the other on the upper Part of the Back, which was Mortal, and the Cause of her Death. It had penetrated through the Vertebre, and broke the Ribs. These Shot I took out of the Body, but there are a great many left behind; and I apprehend the Pistol must be held quite close to the Body, to make such a Wound as this; for which I have two Reasons; the first is, if the Pistol had been at some Distance from the Body, the Shot would have seperated, whereas they all went in at one Orifice: My other Reason is, because the Lips of the Wound were actually burnt with the Powder. I believe the Pistol must likewise be held upwards, for the Wound penetrated obliquely downwards, and I think it could not be under his Arm, but even with this Posture.

Mr. Colebroke, Surgeon, confirm'd the above Deposition.

A Witness. This is the Pistol which flash'd in the Pan; it is ten Inches in the Barrel, and loaded 8 Inches deep.

Thomas Levett . I am a Constable, the Prisoner was brought to my House by two Coachmen on the 28th of Nov. he said he believ'd he had killed his Sister, and was afraid she was dead. I asked him how he came to do it, and he said we might hang him, or do what we would with him, for he was afraid the poor Girl was dead.

Ann Day . I fetch'd the Deceased to Mrs. Lee's, but she would not stay for fear he should kill her when she went Home.


The Morning before this happen'd, I was going out thinking to receive 30 l. and she went with me, but being disappointed of the Money, I took these Pistols out to Sell, and we went to my Mother's in Clarges-Street to Dinner. I went from thence when I had din'd, and left the Pistols with her, I came again, and as we were going along Piccadilly in our Way Home, it Rained, so I took her to a Tavern, and we dry'd ourselves by the Fire; she then wanted a Coach, and she said, as I had no Money she knew where to sell the Pistols, so I got a Coach, and she directed the Coachman where to stop; and as I was pulling one out of the Bag, it snapp'd, I took the other out by the Head, and that went off; I was quite stupid, and don't remember any Thing afterwards.

Thomas Poole . I h ave known the Prisoner from his Infancy , and never saw any Thing but what was handsome by him.

Ann Poole . The Prisoner and the Deceased dined at our House that Day, and were very loving together; I have been at their House, and never saw her bruised or beat, nor ever heard her complain.

John Dolley . I knew the Deceased before she was married, but I have not seen her above three or four Times since.

William Hare . I work'd with the Prisoner, and he always behav'd very well, I never saw him beat her, and I don't know that I ever heard her complain.

Hester Jackson , the Prisoner's Mother. They lived very lovingly for any Thing I know; I have been at their House, and never observ'd her to be bruised: I did once see a little yellow Speck about her Eyes, but I never asked the Occasion of it.

Thomas Dump . They lived by me about three Quarters of a Year, but I have not seen them these twelve Months.

Arthur White . I have known them about a Year and a half, I never saw her bruised at all that I can remember.

Benjamin Lockyer was called, but could not say any Thing on either Side.

Prisoner. My Wife has often desired a 'Prentice of mine to shew her how to load a Pistol, she has seen him do it, and I believe she loaded these herself. Guilty , Death .

Sarah Newlove.
4th December 1740
Reference Numbert17401204-7
VerdictGuilty > theft under 1s

Related Material

7. Sarah Newlove , was indicted for stealing 6 Pewter Plates, 3 pair of Stays, a Copper Coffee Pot, and other Things , the Goods of James Smith , Oct. 23 . Guilty 10 d.

[Transportation. See summary.]

Hannah Hall.
4th December 1740
Reference Numbert17401204-8
VerdictGuilty > theft under 5s

Related Material

8. Hannah Hall , was indicted for stealing two Rows of Gold Beads, a Cotton Gown, and other Things , the Goods of Ann Richards , Nov. 9 . Guilty 4 s. 10 d.

[Transportation. See summary.]

Thomas Coates, Thomas Nash, Atty Walker, Sarah Laxton, Elizabeth Matthews, Elizabeth Mickey, James Newbury.
4th December 1740
Reference Numbert17401204-9
VerdictsGuilty; Guilty; Guilty > theft under 40s; Guilty; Guilty > theft under 40s
SentencesDeath; Transportation

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9, 10, 11, 12, 13. Thomas Coates , and Thomas Nash , of St. Ann, Black-Fryars , were indicted for breaking and entering the Dwelling-House of Hugh Dixey , between the Hours of 1 and 2 in the Night, and stealing 1 large Pottagepot, value 25 s. 1 Copper Pottage-pot, value 10 s. a Copper Tea-kettle, 30 Pewter Plates, 12 Pewter Dishes, a Copper Warming-pot, a Funnel , a Pewter Gallon Pot, a Box-iron and Heater, a Wooden Box, 6 lb. of Tobacco, and 13 Knives and Forks, the Goods of Hugh Dixey , Nov. 11 . And

Atty alias Hester Walker , Sarah Laxton , and Elizabeth Matthews , for receiving them, knowing them to be stolen .

Hugh Dixey . On the 11th of Nov. between 1 and 2 in the Morning, my House was broke open and robb'd of the Goods mention'd in the Indictment. The Plank which goes a-cross the Cellar Doors where I let down my Beer, was taken up, and another Door which comes into the House was broke open; I am sure all the Doors were safe when I went to Bed, and when I got up in the Morning I found them open, and my Goods were gone.

John Lilliston . On Monday about the 10th Day of last Month, Coates, Nash, and I, went into Black-Fryars , I knock'd at Mr. Dixey's Door, (it was between 8 and 9 at Night) and asked for one Mr. King in White-Fryars ; I saw the Pewter lying on the Shelf, and went to tell the Prisoners, who were on the other Side of the Way, what I had seen, and then we went Home to Sarah Laxton 's in George-Alley, by the Ditch-side; we got a Tinder-Box, and staid there till about one o'Clock, Laxton, Matthews, and Walker, were all there, we were contriving how to get into the House; about one o'Clock we went to the House, and lifted up the Plank of the Window, Coates and Nash took up the Plank, and put me down the Cellar with my Tinder-Box, and they stood at the Top to watch. When I was down I burnt all the Tinder out, and could not get a Light, so I came up Stairs in a Hurry, because I was not willing to stay by myself in the Dark; when Coates found that I had not got a Candle, he gave me a Knock, so I got a Light of a Watchman at the End of the Street, and he and I went down into the Cellar,

and Nash stood on the outside; we went up a pair of Stairs which goes into the House, and wrenched a Door open with Coates's Chissel; after that we open'd the Street Door, and let the Prisoner Nash in, I went to pull the Lock Spring back, but I made a Noise with it, so Coates opened it himself; when Nash came in we went into the Bar, and broke a Locker open, but found nothing in it; we then took down all the Pewter, a large Brass Pottage Pot, and another Copper Pot, a Warming Pot, a Tea Kettle, a Box of Knives and Forks, a Pewter Gallon Pot, a Box Iron and Heater, and a Box of Tobacco. After we had taken them, I wrap'd up the Pewter in my Apron, and Nash put them on his Head, the least Pottage Pot we put into a Bag, which we took out of the Cellar, and carried them and the rest of the Things to Laxton's Lodgings. When we came there, Laxton was a Bed, and the Landlord would not let us in; so Bess Matthews came down and open'd the Door with a Poker, we went up Stairs into Laxton's Room, and found Laxton asleep on the Bed; Walker was there at the same Time, the Prisoner Coates and I lay there all Night, and we desir'd Matthews to put the Goods up safe, so she took the Keys out of Laxton's Pocket, and lock'd the Pewter up in the Drawers, the Dishes we put between the Sacking and the Bed, while Laxton was asleep, and the other Things we put under the Drawers. The next Morning Nash came to us, the three Women Prisoners deliver'd the Goods to us, and we mov'd them by Degrees into Fleet-Lane, to one Wilson's , and Coates was to sell them, he got 4 s. earnest for the Pewter, and then he took the Tea Kettle and the Copper Pot, up higher in the Lane, where we used to sell, but they were stopp'd ; the largest Brass Pot, and the Warming Pot, Laxton and Walker sold for us, and they knew very well how we came by them; they brought us 6 s. for the large Pot, and 1 s. for the Warming Pot, and Coates brought us 2 s. for the Tobacco, all which we three equally divided.

Prisoner Coates. Ask him how much was divided?

Lilliston I think it was 4 s. a Piece, they gave me no more,

Prisoner Walker. Ask him whether we had any of the Money?

Lilliston. They sold the Pot as I understand, for 7 s. 6 d and the Warming Pot for 1 s 6 d. and they brought us but 6 s. for the Pot, and 1 s. for the other.

William Boomer . I am Constable of the Fleet Market, and hearing that a * Shop in the Market had been robb'd a I went to the Prisoner Laxton's Lodgings, to search for suspected Persons, I found a great many Goods in the Room, belonging to the Shop in the Market, and these Plates, Knives and Forks; the Evidence, Coates, Laxton, and Matthews were then there. I took Coates away, and he said he knew nothing of the Matter; I went back and took the Evidence, who was then a-bed, he told me of this House of Mr. Dixey's, and his Account of the Fact to me exactly agrees with what he has said now. I found a Pottage Pot, according to his Directions, in Water Lane, and the Prisoner Walker told me, where she had pawn'd the Funnel, the Box Iron and Heater, and said, they were brought in by the Prisoners. When Coates found that Lilliston was admitted an Evidence, he sent for me, and told me that he could make the most Discoveries, and would do it if he could be made an Evidence. This Chissel was brought to me by the Prisoner Laxton, before I carry'd Coates to the Lord-Mayor, and she said it was the same Chissel with which Coates broke the House.

* See the following Trial.

John Paget . Laxton and Matthews brought a large Pot to my House, they asked 12 s. for it, and I gave them seven.

Elizabeth Cluff . I live at Wilson's in Fleet-Lane, some Pewter was brought to our House about three Weeks ago, and I saw it behind the Counter, cover'd with a Sack, but who brought it I can't tell. The Prisoner Coates had 4 s. at our House, but I don't know what it was upon.

Boomer again. The Evidence put Nash into his Information, and several People being after him, he was taken and brought to me.

Coates. I know nothing of what he says; he is a vile Fellow, and says first one Thing, and then another.

Nash. I know nothing of him, nor the Affair; I never saw him above twice in my Life.

Walker. I know nothing of the Matter.

Laxton. I was fast asleep when they came in, and I never sold nothing for them in my Life.

Matthews. I never saw them three Times before they came in that Night.

Coates and Nash, Guilty , Death . Laxton, Matthews and Walker, Guilty .

Thomas Coates , was again indicted for stealing 12 Dozen Pair of Worsted Stockings, 8 Linnen Handkerchiefs, 4 Dozen and 7 pair of Shoe-Buckles, 2 Dozen of Necklaces, and many other Things , the Goods of Richard Owen , Nov. 14 . And,

14. Hester Walker , Sarah Laxton , Elizabeth Matthews , and Elizabeth Mickey , for receiving Part of the said Goods, knowing them to be stolen .

Coates Guilty 39 s. the rest Guilty .

15. Thomas Coates, again , and James Newbury , were indicted for stealing 59 Yards of checqu'd Linnen, value 50 s. the Goods of Aaron Kemp , in his Shop , October 2 , both Guilty 39 s.

[Laxton, Matthews, Walker, Mickey, Newbury:Transportation. See summary.]

Aaron Gibbs.
4th December 1740
Reference Numbert17401204-10
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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16. Aaron Gibbs , was indicted for stealing a Sign Iron, value 5 s. the Goods of Christopher Beaty , Nov. 19 . Guilty 10 d.

[Whipping. See summary.]

William Andrews.
4th December 1740
Reference Numbert17401204-11
VerdictGuilty > theft under 1s

Related Material

17. William Andrews , was indicted for stealing 4 pewter Plates, value 3 s. the Goods of James Morgan , Nov. 3 , Guilty 10 d.

[Transportation. See summary.]

Mary Peachum.
4th December 1740
Reference Numbert17401204-12
VerdictGuilty > theft under 5s

Related Material

18. Mary Peachum , was indicted for stealing two linnen Quilts, a Blanket, and other Things , the Goods of Anthony Hill , November 29 , Guilty 4 s. 10 d.

[Transportation. See summary.]

Richard Quail.
4th December 1740
Reference Numbert17401204-13

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19. Richard Quail , of St. Clement Danes , was indicted for assaulting John Glass . the Younger, on the King's Highway, putting him in Fear, &c. and taking from him a Linnen Shirt, value 1 s. a Muslin Stock, value 4 d. a Linnen Handkerchief, value 1 s. the Goods of James Fusan ; a Cloth Coat, value 2 s. a pair of Breeches, val. 1 s. and a Linnen Handkerchief, value 2 d. the Goods of John Glass , October 18 .

John Glass . On the 18th of October, about seven o'Clock at Night, the Prisoner met me on the other Side of Temple-Bar, and asked me the Way to Leicester-Fields. I had two Bundles with me, one on my Hand, and the other hanging on my Shoulder; he had several Times ask'd me to let him carry them; but I refus'd; upon which, when we were come to the Back of St. Clement's Church , he knock'd me down with his Fist, and took the Things from me A Coachman happening to see this, cry'd out, Stop Thief, and a Gentleman pursued, and took the Prisoner. He was brought back to me, to a Colour-Shop by the Church, and I said, if it was the same Man, he had a Ring on his Finger; but I suppose he had conceal'd that. I am positive the Prisoner is the Man, for I saw the Ring on his Finger, and I look'd up in his Face several Times as we were going along together.

- Proctor. I was returning from Goodman's-Fields on the 18th of October, about 5 at Night, and just by St. Clement's Church, I heard a Boy scream out; and I saw the Prisoner run a-cross the Way, and drop this Bundle. I never lost Sight of him, but pursued and took him to the Shop where the Boy was; and before I got with him to the Door, the Boy said, if he is the same Man, he has a Ring on his Finger; he knew him to be the very Person; and when we were before the Justice, the Ring was found in his Pocket under some Half-pence. The Prisoner own'd the Ring to be his, and said that he found it. There was a Lamp not 3 yards from the Place where I saw him drop the Bundle.

Glass. This is the Bundle which was taken from me.

James Fusan . The Shirt, Handkerchief, and Stock belong to me; the other Things I gave to the Boy.

Mr. Brogdon. The little Boy has told the same Story exactly now, as when before the Justice, and has not varied one Word.

Prisoner. I was going through the Strand, there was a great Crowd running, I ran to see what was the Matter, and a Man laid hold of me in the Croud. I am entirely Innocent indeed. Guilty , Death .

Michael Harrison.
4th December 1740
Reference Numbert17401204-14
VerdictGuilty > theft under 1s

Related Material

20. Michael Harrison , was indicted for stealing two pair of Pattins, value 14 d. the Goods of Sarah Bushnell , Nov. 15 . Guilty 10 d.

[Transportation. See summary.]

Turville Lash.
4th December 1740
Reference Numbert17401204-15
VerdictNot Guilty

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21. Turville Lash , was indicted for stealing 81 Pounds of Pot Ashes, value 25 s. the Goods of Matth.ew Shipner , Esq ; November 15 , Acquitted .

John Legg.
4th December 1740
Reference Numbert17401204-16
VerdictGuilty > theft under 1s

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22. John Legg , was indicted for stealing 36 lb. of Sugar, value 4 s. the Goods of John Campbell , and David Curry , Oct 23 , Guilty 10 d.

[Transportation. See summary.]

Robert Legrose, Margaret Frame.
4th December 1740
Reference Numbert17401204-17
VerdictsGuilty; Not Guilty

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* 23 Robert Legrose , of St. Mary, White-chapple , was indicted (with William Yorke , not taken) for breaking and entering the House of John Clack , and stealing 31 Cloth Coats, value 30 s. 23 Cloth Waistcoats, value 20 s. 13 Cloth Jackets, value 10 s. 13 pair of Breeches, value 5 s. 6 Shirts, value 12 s. one pair of Leather Breeches, value 1 s. and 3 Shifts, value 3 s. the Goods of John Clack , Sept. 17 . And,

* For this Fact Edward Mudder , and Tho Clack , were tryed last Sessions.

24. Margaret Frame , of St. George, Middlesex , for receiving 10 Cloth Coats, 3 Cloth Jackets, and 13 pair of Breeches, Parcel of the said Goods, knowing them to be stolen .

John Clack . My House was broke open on the 17th of Sept and robb'd of the Things mention'd in the Indictment; my Doors were fast when I went to Bed, and when I was wak'd, I found 'em broke in a violent manner. The Lock on the inside was broke, and the Padlock taken off; I lost so many Things, that I was obliged to hire a Cart to bring them here last Sessions.

Valentine Harman. The Prisoner Legrose, one Wood, and two Men that were try'd last Sessions, brought some Cloaths to my House: I live in Rag-Fair and deal in Rabbits, and was going to the Brew-house for Grains, when they came in, with each his Arm full of Cloaths; it was the 17th, of Sept. between One and Two in the Morning. They laid their Bundles down on the Ground,

and said one to another: Come, let us go back for some more. I asked where they had them from ? and the Prisoner said, from a House in Rag-Fair; they then went down the Alley, and I call'd up Mr. Studder, and shut him into a Closet, because they should not see him. In a little Time they knock'd at the Door, with each another Arm full of Cloaths, which they threw down on the Floor to the rest; the Prisoner was for going for more, but Clack (who was executed) said, No, let us have some Victuals and Drink first. Aye, said the Prisoner, let us have three or four Shillings worth of Bread and Cheese. I catch'd hold of these Words, and said, I would fetch some. I gave them a Candle, and desired them to go up Stairs; they did so, and I immediately went to the Watch-House for an Officer; we came back and let Studder out of the Closet; and took Madder, Clack, and Wood; but the Prisoner was gone, pretending to fetch his Wife. We carried them to the Watch-House, and the Prisoner having told me there were as many more Cloaths at Carlow's, as at my House, we went there, and knock'd at the Door; the Prisoner Frame, came to the Door, and said, she could not find the Key; I look'd through the Key-hole, and saw the Prisoner Legrose go out at the Back Door, and then we were let in. I look'd down the Cellar Stairs, and saw a great many Cloaths which the Prosecutor own'd to be his; he came to us soon after we had secur'd those three Men.

Thomas Studder confirm'd the above Evidence.

Clack, again. When I was call'd out of Bed, I went to the House where that Gentlewoman who stands at the Bar lives, and we demanded Entrance; she kept us some time at the Door before she would let us in, and when we did get in, I saw a great many of my Cloaths on the Cellar-stairs.

Harman. Mrs. Carlow, was at that Time gone to France, and the Prisoner Frame , was left to take Care of the House.

Prisoner Frame. I desire the Prosecutor may be ask'd, whether he found any of his Cloaths in my Room?

Clack. I don't remember that I was in her Room.

Harman. I am positive it was the Prisoner Frame that kept us out, for I saw her thro' the Key-Hole, and the Yard-Door was open, but I can't say that she knew of the other Prisoner's going out.

Frame. I waited in the Room with his Witnesses all the last Sessions, and he said my Name was never mentioned; I drank Part of two full Pots of Beer with him.

Clack. I did mention her Name here several Times; and as to drinking with her, I don't know but I might drink a drop of Gin with her.

The Constable. I had Legrose's Commitment from Justice Fowke to bring him to Newgate, and in the Way thither I told him he had better have gone abroad; but he said, D - n it, it is too late now, but I wish I had the old Rogue (the Prosecutor) in my Place. He desired that I would speak for him, that he might be put in the same Place with his Accomplice Madder.

Legrose. I know nothing of what is alledged against me.

Frame. I was to have 2 s. a Week for looking after this Woman's House; I never saw this Man till I saw him in Prison .

The Revd Mr. Guthrie. The Prisoner Frame liv'd with me as a Servant two or three Years, and I never heard but that she was an honest Woman.

Richard Yeomans . I have known her between five and six Years; I never heard any Ill of her, but she always behav'd herself well.

Margaret Cray . She has been an honest Woman ever since I have known her; I was her Bail, and do not think that she would receive Goods knowing them to be stolen.

Legrose Guilty , Death . Frame Acquitted .

Samuel Stark, John Ozell.
4th December 1740
Reference Numbert17401204-18
VerdictGuilty > manslaughter; Not Guilty
SentenceMiscellaneous > branding

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25, 26 Samuel Stark , and John Ozell , of St. George, Hanover-Square , were indicted with ( John Champion , and Laurence Price not taken) for that they not having God before their Eyes, &c. on Hugh Montgomery , in the Peace, &c. feloniously, &c. did make an Assault, and that Samuel Stark with a certain drawn Bayonet, made of Iron and Steel, value 1 s. which he had and held in his right Hand, on the left Side of the Breast, near the short Ribs of the said Montgomery , &c. did strike and stab, giving him then and there, &c. one mortal Wound of the Breadth of half an Inch, and Depth of five Inches, of which he instantly died; and that John Ozell , John Champion , and Laurence Price were present, assisting, comforting, and maintaining him the said Stark, the Murder, &c. to commit and do , Dec. 10 .

Stark was a 2d Time indicted on the Statute of Stabbing.

He was a 3d Time indicted by Vertue of the Coroner's Inquisition for feloniously slaying the said Montgomery .

Capt. Carrel . We had Orders about last June, to raise 200 Men for the Service of the Government, we were recruiting very fast, the Savoy was full, and likewise Tilbury-Fort , so the Deceased took a House in Bond-Street, to put my Men in, and being confin'd to my Bed, I left the Care of the House to him, and always thought him a very active, careful Man.

Thomas Cliff . On the 3d of Dec. between 11 and 12, I was at this House where the Recruits are kept, in Ducking-Pond Alley , in Bond-Street . The two Prisoners, and two other Soldier s knock'd

at the Door, Ozell for one Sturges; I let him in, and going to but the Door, the other three forced in. They sent for a full Pot of Beer, and called Sturges down; Stark immediately took him by the Collar, and said, G - d D - n you Sir, you are my Prisoner, and pull'd out his Bayonet, and stuck it into the Door Post. I then called Mrs. Crosley, and she said, there were 38 Men in the House, and if they were let out they could not make them good; but Stark said, that Sturges was a Deserter, and they would take a Deserter any where. I desired the Woman to go for the Deceased, or some Officer, they staid a good while, and the Deceased came; I told him that they wanted Sturges away; he then drew his Hanger and went in, and said, Gentlemen, what do you do here? He put his Hanger up before he came into the Prisoner's Sight, and bid me put them out of Doors. They all went away except Ozell, and the Deceased kept striking them with his Cane all the Way down the Steps, and as he was turning about to come in again, with his Cane under his Arm, Stark drew his Bayonet, and stabb'd him under the left Pap. The Deceased immediately said he was killed; he was carry'd in Doors, and died in about 10 Hours. I pursued the Prisoner Stark, and took him about 200 Yards from the House, and when I came back with him, Ozell was standing by the Fire Side, and did not offer to do or say any Thing. When the Deceased came first into the Room, they were all standing with their Backs to the Fire, and he bid them go along, they mutter'd something, and he then can'd them out.

Stark. On Wednesday last I met with Champion, Ozell, and Price; they asked me to go and assist them to take a Deserter, I went with them, and thought it had been an Ale-House; Sturges came down and they seized him; I own I drew my Bayonet, but it was to keep the Deserter in the Room; we all sat down, and were very easy till the Deceased came in, and then he drew his Hanger, and struck me several Times; he came out of Doors and beat me, and I can't say but that I did take my Bayonet when his Blows came so fast, for I was afraid he would cleave me down.

Stark Guilty Manslaughter . Ozell Acquitted .

[Branding. See summary.]

James Maccartney, Ann Smith.
4th December 1740
Reference Numbert17401204-19
VerdictGuilty > theft under 5s

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27. 28. James Maccartney , and Ann Smith , were indicted for stealing a Piece of Linnen, val. 4 s. 6 d. a pair of Worsted Stockings, valu e 5 s. the Goods of Thomas Stokes , in his Shop , November 1st .

Elizabeth Stokes . On the 1st of November the Prisoners came into my Shop in Covent-Garden ; I shew'd them Handkerchiefs first, and afterwards Stockings.

Prisoner, Maccartney . Pray Madam don't laugh; it is not proper when People take an Oath to laugh.

Mrs. Stokes. While I was shewing them these Goods, I saw the Woman stoop down twice below the Counter; I suspected that they had stole some thing, so I counted over my Parcels, and miss'd a pair of Stockings; I call'd out to a Person in the next Room, and the Prisoners were going out of the Shop, but hearing me cry out, they returned, and dropp'd the Pair of Stockings which I miss'd, on the Ground; after they were gone, I missed another Pair, and this Gentleman ran after them and took them.

John Phillips I took the Woman, and saw her drop the Linnen in the Street, it was a Piece of Handkerchiefs.

Ann Bird . I saw the Woman drop the Handkerchiefs .

Prosecutrix . The Man Prisoner bid me three Shillings for a pair of Stockings, and when he was searched before the Justice, he had but 2 s. in his Pocket.

Prisoner, Smith . I never offer'd to touch, or look at any Thing.

Maccartney . Let her tell the Truth before the whole Congregation; - I had 11 s and 6 d. in my Pocket. Both Guilty 4 s. 10 d.

[Transportation. See summary.]

Ann Hicks.
4th December 1740
Reference Numbert17401204-20
VerdictGuilty > theft under 5s

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29. Ann Hicks , was indicted for stealing a silver Spoon, value 10 s. two linnen Aprons, value 18 d. a quilted Petticoat, value 4 s. and other Things , the Goods of Sarah Cook , October 29 , Guilty, 4 s 10 d.

[Transportation. See summary.]

Sarah Hudson.