Old Bailey Proceedings.
15th January 1748
Reference Number: 17480115

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Old Bailey Proceedings front matter.
15th January 1748
Reference Numberf17480115-1

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THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY OF LONDON; And also the Goal Delivery for the County of MIDDLESEX,


On FRIDAY the 15th, SATURDAY the 16th, and MONDAY the 18th of January.

In the 21st Year of His MAJESTY's Reign.


Rt. Honble Sir Robert Ladbroke , Knt. LORD-MAYOR of the CITY of LONDON.



Printed, and sold by M. Cooper, at the Globe in Pater-noster Row . 1748.


King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.

BEFORE the Right Honourable Sir Robert Ladbroke , Knt. Lord-Mayor of the City of London, the Right Honourable the Lord Chief- Baron PARKER , Mr. Justice FOSTER, JOHN STRACEY , Esq; Recorder, 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.

George Harrison ,

William Parker ,

John Rivington ,

Nicholas Parkes ,

George Sterrop ,

Philips Garden ,

Samuel Collyer ,

John Hill ,

William Hollamby ,

Thomas Barkham ,

Jonathan Beake ,

Joseph Babb .

Middlesex Jury.

William Bilson ,

Samuel Warburton ,

John West ,

William Rhodes ,

John Solby ,

Samuel Spencer ,

John Girdler ,

William Heritage ,

William Brackett ,

Joshua Braddock ,

Francis Broadhead ,

Robert Davis .

George Knight.
15th January 1748
Reference Numbert17480115-1
VerdictsGuilty > lesser offence; Guilty > lesser offence

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71. + George Knight , of London, labourer , was indicted for stealing nine yards three quarters of broad cloth, value 3 l. the goods of William Wilson , in the dwelling-house of George Davis , December 31 .

Geo Davis . I hired the Prisoner as a weekly boy to run of errands , and on Dec. 31. I found out that I had lost nine yards three quarters of broad cloth, the property of William Wilson .

Q. What made you suspect the Prisoner?

Davis. Because he was an idle boy, and always given to gaming. I found three yards and three quarters of it at one Mr. Granger's, a pawnbroker on Puddle-Dock Hill. This is part of the nine yards three quarters that I lost, and the boy confessed, that he took it out of the middle room in my dwelling-house.

Prisoner. My master's man told me, if I would tell the truth, my master would not hurt a hair of my head.

Davis. I never made him any promise, nor never threatened him.

Sarah Murfin . The Prisoner gave me this piece of cloth to pawn for a friend of his .

Q. Did you know the boy before?

Murfin . I have known him two or three years.

Q. What did you do with the cloth?

Murfin . I carried it to Mr. Granger's, a pawnbroker.

Q. What did you pawn it for?

Murfin . For six shillings.

Q. Who did you give the money to?

Murfin . To the boy.

Q. What is the value of the cloth you have produced?

Davis. There are three yards three quarters, at 7 s. 3 d. a yard.

Pris. She said if I would bring her some cloth, she would pawn it for me.

Guilty of stealing the goods, but not guilty of stealing them in the dwelling-house .

+ George Knight was a second time indicted for stealing eight yards of broad cloth, value 3 l. and thirty yards of stuff, commonly called long ells, value 28 s. the property of Joseph Taverner , in the dwelling-house of - Ward .

Joseph Taverner . I am a cloth-worker ; I lost about eight yards of broad cloth, and several yards of long ells.

Q. What reason have you to think the Prisoner guilty?

Taverner. Because he confessed the fact; these four yards three quarters I found, which are my property.

Q. Where did you find that cloth?

Taverner. At Ward's, a Barber's house, where Murfin lodges.

Q. How do you know that to be your cloth?

Taverner. By the farrel; it is the head end.

Q. Is there any mark upon it?

Taverner. No, there is no particular mark; but there are some white spots upon it which I know it by.

Jury. There may be a great many pieces that may have white spots upon them.

Taverner. I am sure it is my cloth.

Daniel Hodges . I took this cloth out of Mrs. Wood's room in Mr. Ward's house, and Mr. Taverner said it was his. I had the key of the drawers, and opened them .

Q. How came you by the key?

Hodges. Mrs. Murfin brought up the key.

Prisoner. Ward's wife desired me to get this cloth for her.

Taverner. The boy owned he carried these goods to Mr. Ward's house.

Q. Was Ward himself by?

Taverner. The boy said sometimes he was and sometimes she was, and that sometimes he had a penny and sometimes two pence.

George Dunn , Constable. This cloth was delivered to me in the same condition it is now. I told Murfin I would have the drawers opened, and she went down and brought up the key. Mr. Hodges took it out of the drawer, and said it was his master's.

Guilty of stealing the goods, but not in the dwelling-house .

[Transportation. See summary.]

Anthony Walsh.
15th January 1748
Reference Numbert17480115-2
VerdictNot Guilty

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72. Anthony Walsh , of St. Clement's Danes , in the county of Middlesex, was indicted for stealing six silver tea-spoons, value 15 s. and a pair of silver tea-tongs, value 5 s. the property of William Brice , Nov. 28 .

William Brice . I had been out of town, and when I came to town I missed the spoons, &c. and I went to the Prisoner in order to make up matters; but he made his escape from me, took out an action , and confined me for three weeks, in order to make up matters with me.

Cecilia Read . There were six spoons lost on the 28th of November, out of the room next the street up two pair of stairs .

Q. What makes you think the Prisoner took them?

Cecilia Read . Because he was there that day, and took them up to handle them, and said they were pretty clean. In a short time after I missed them, but he told me he would stick me if I spoke of it; he afterwards went down stairs to make water, as he pretended, saving your favour, and run off.

Prisoner. I never said so to her. She came one Sunday morning to my lodgings with Mrs. Brice.

Q. to Cecilia Read . Did you go on Sunday morning?

Cecilia Read . Yes.

Emelia Brice . I went to the Prisoner's lodging on Sunday morning with this old woman, and he was in bed.

Q. What did the old woman say to him?

Brice. She said she would swear he stole the things, for no body else had them in their hands.

Q. What answer did he return to that?

Brice. He said, Mrs. Brice, if you do not mention it to any body, I will go along with you, and you shall have your things again. As he went along he went into three alehouses , and said he wanted to go to the vault; then he brought us into Drury-Lane, and under the pretence of making water, he took the opportunity to run off as fast as he could, and left us standing in the street. I heard a day or two after where he was to be found, and he was taken, but made his escape from two watchmen: I had then a warrant against him, and he was afterwards apprehended, and carried before a justice.

Q. Was you present when he was apprehended?

Brice. No, I was not.

Q. Did you go before the justice?

Brice. Yes.

Q. What did you charge the Prisoner with before the justice?

Brice. Half a dozen of silver tea-spoons.

Q. Did you charge him with stealing the spoons?

Brice. I charged him on suspicion.

Q. Did not your husband commit the Prisoner for beating him?

Brice. He was committed for felony.

Q. Was not the Prisoner committed for beating him?

Brice. I cannot tell.

Robert Count . I was spoke to, to come here to give the Prisoner at the bar a character.

Q. Do you know any thing of the matter?

Count . Nothing at all.

William Brice called again.

Q. You said you was out of town when the spoons were stolen, and was acquainted with it when you came home, What did you do upon this?

Brice. I endeavoured to apprehend him; and one night I got into company with him, by the means of a person, and seized him by the collar to detain him, according to Justice Frazer's order to me to apprehend him, and I got the assistance of all the people I could, but he broke from me that night, and made his escape, and I took him again on the day of commitment * by Justice Frazer.

* The day of commitment was on the 4th of January, and the commitment was for assaulting, beating and bruising William Brice , but he was detained, on the oath of Emelia Brice and others, on suspicion of stealing six silver tea-spoons, and a pair of silver tea-tongs.

Sarah Count , (for the Prisoner.) I have heard Mrs. Brice say to an old woman, You old b - h, you have robbed me of these things, and laid them to a man who never wronged me in his life.

Q. Tell me the time when this was.

Count . I cannot justly tell the time.

Q. Now tell me the words which Mrs. Brice used.

Count . She damned the old woman, and sunk her, and said , It is you, you old b - h, who robbed me of these things, and not the young man , and if he was to be brought upon his trial, I would be the person who would give him a character, that he never wronged any person since he was born.

Q. Where was this said?

Count. In Task-Court, Purpool-Lane .

Emelia Brice . Here is a letter, which will shew how long this woman (who now appears in behalf of the Prisoner at the bar) and he kept company together.

Acquitted .

Thomas Macklin, Bryant Ivery.
15th January 1748
Reference Numbert17480115-3
VerdictGuilty > theft under 5s

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73. + 74. + Thomas Macklin , and Bryant Ivery , of Christ Church, Middlesex , were indicted for stealing thirteen linen handkerchiefs, value 7 s. the property of David Paine , in his shop , January 6 .

David Paine . I deal in the linen drapery way ; I have two half doors to my shop, I heard something of a noise, and looked, and saw these two boys; I was surprized to see them in the shop, as I knew the doors were shut; the little one went out, and I laid hold of the great one. Said I, what business had you in the shop, and now you want to go out again? He said he came with the little boy that went out. I told him, I believed he was one of those who had robbed me some time before, and I would take him before a magistrate; though I did not know at that time that he had robbed me of any thing. The great one was a little frightened, and said he did not take any thing, but at last he confessed, that they had taken two pieces off a shelf, and he shewed me where they took them from; (the little one was hovering about at a little distance) and when he had acknowledged the little one had taken something, I called out , Stop thief! and he dropped the goods, and was taken.

Q. Did you see him drop the goods?

Paine. Yes I did, these are my goods.

Bryant Ivery . Pray ask him whether he saw me do any thing?

Paine I saw him make room for the little one to pass him, and that made me suspect him.

Ivery. Did not I ask for a pair of scarlet garters ?

Paine. One of my neighbours asked for garters, but they asked for nothing.

Eleanor Delafort . I happened to be in the street, and heard somebody cry out, Stop thief! and I stopped a boy with these goods.

Q. You cannot say that is the boy?

Delafort . No, my lord, I cannot.

Ivery. I went into the shop to buy a pair of scarlet stockings, and did not go into the shop to steal any thing.

Q. to Macklin. How old are you?

Macklin. I am ten years old.

Q. You are acquainted with the place you are in, are not you?

Macklin. No, Sir.

- I am afraid you are, and that you have been there several times.

Both guilty, 4 s. and 10 d .

[Transportation. See summary.]

William Page.
15th January 1748
Reference Numbert17480115-4
VerdictNot Guilty

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75. + William Page , of St. John Hackney , was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 28th day of December , in the 21st year of his Majesty's reign, in and upon Elizabeth Upington , spinster , an infant of the age of twelve years and upwards , did make an assault, and her, the said Elizabeth, against her will, did carnally know, against the form of the statute in that case made and produced . And Elizabeth Crew (not yet taken) was indicted for aiding and assisting the said William Page to commit the said rape.

Elizabeth Upington sworn.

Q. What age are you?

Upington. I am above twelve.

Q. What did William Page at any time do to you?

Upington. My mother sent me with two shillings to get a gown which Mrs. Moody had to make, but the gown was not done, it being holiday time, and she told me I must wait.

Q. What time was this?

Upington. Last Monday was sevennight *. I went to one Mrs. Crew's, and Mrs. Crew locked the door.

* This does not agree with the indictment, for it must be Monday fortnight.

Q. What time of the day was this?

Upington. Between eleven and twelve.

Q. What happened then?

Upington. She took the two shillings from me, out of the corner of a handkerchief where it was tied up; then she went to a chandler's shop, and bought tea and sugar.

Q. Did she bring the tea and sugar to the house?

Upington. Yes; then she had two pots of beer and a pint of gin; after that she pushed me into a chamber with a boy, and went to put the boy to lie with me; he could not have his will of me that way, and he put his finger up my body.

Q. What boy was that?

Upington. One Dick that lives at Kingsland. After that William Page asked to lie with me; I was going away, and Mrs. Crew said stay, for the boy was in a hurry to go home.

Q. But did Page do any thing to you?

Upington. She threw me down, and held me down while William Page did. Sir.

Q. Was you upon any bed?

Upington. Yes, upon some straw.

Q. Did you consent or resist at the time?

Upington. Yes.

Q. Did you consent ?

Upington. Yes, Sir.

Q. Was it with your will or against your will that he lay with you?

Upington. Against my will.

Q. Did you cry out?

Upington. Yes,

Q. What did Crew do to you?

Upington. She clapped one of her knees against my arm, and put her hand upon my mouth.

Q. When did you first complain of this matter?

Upington. The very same week it was done.

Q. How long did you stay in Crew's house afterwards?

Upington. About half a quarter of an hour.

Q. Did you immediately go home after that?

Upington. There came a woman to Mrs. Crew's to ask about the coals that were given away, and so I got out, or else I had not got away at all.

Q. What time did you get home?

Upington. Sir, it was one o'clock in the day.

Q. When you came home, did you see your mother or any of the family ?

Upington. My mother was out.

Q. Who was in the house then?

Upington. No body but myself.

Q. What time did your mother come home?

Upington. About four o'clock.

Q. When your mother came home, did you say any thing to her?

Upington. I did not say any thing to her then.

Q. How came you not to acquaint your mother with it then?

Upington. Because I was afraid my mother would beat me.

Q. Did you make any complaint to your mother?

Upington. I did not make any complaint at all; but my mother asked me what was become of the two shillings, and that if I did not tell her, she said she would beat me, so then I told her the whole of it.

Q. When was this that you told her the whole of it?

Upington. On a Friday.

Q. Did your mother, upon that occasion, when you told her the whole of it, examine your body?

Upington. Yes.

Q. Who was there besides?

Upington. One Ann Allen , and Mary Scott .

Q. Did they examine your body at that time?

Upington. Yes, Sir.

Q. to the Pris. Have you any questions to ask her?

Pris. I never spoke a word to her in my life.

Mary Upington , the mother of the child, sworn.

Q. Do you remember that you sent your daughter on Monday was sevennight on any errand to Mrs. Moody's, the mantua-maker, for a gown, with two shillings?

Upington. Yes, Sir.

Q. Is your daughter above twelve years of age?

Upington. Yes, Sir.

Q. Is the house where Elizabeth Crew lives in the way to Mrs. Moody's?

Upington. They face one another.

Q. What time was it that you gave her the money?

Upington. I gave it her in the morning, for I go a milking.

Q. What time did you see your daughter afterwards?

Upington. I did not see her 'till four o'clock in the afternoon.

Q. When you did see her, did you enquire after the gown or money?

Upington. Yes, and she said the gown was not done, and that Mrs. Moody told her she must wait, as it was holiday week.

Q. Had you any further discourse at that time?

Upington. I observed that the child walked oddly, and I asked her what ailed her; she said she was chafed ; I asked her where; she said where she made water.

Q. How long was this ago?

Upington. About a fortnight.

Q. The girl said it was on Monday sevennight.

Upington. It was the Monday after Christmas-day .

Elizabeth Upington called again.

Q. Do you know when Christmas day was?

Upington. Yes, it was upon a Friday.

Q. Was it on a Monday that this was done to you?

Upington. Yes.

Q. Was it the Monday after Christmas day?

Upington. No.

Q. When was it?

Upington. Last Monday was sevennight.

Q. Was it the last Monday but one that this was done?

Upington. Yes.

Mary Upington , the mother, called again.

Q. What do you know further about the matter?

Upington. I inquired after the two shillings, and that brought all out, for then she owned she had been abused. When she had discovered this, I got two of my neighbours , Mary Scott and Ann Allen , to go with me to a midwife to examine her.

Q. Is the midwife here?

Upington. No.

Q. What condition did you find her in?

Upington. I found she had been entered about half the length of my finger, and I don't know but she may have the foul distemper. The boy did put his hand, as she says, up her coats, but she was too many for him; and that the Prisoner said, after the boy was gone, he would lie with her; and that Mrs. Crew held her down upon a wad of straw, for they have nothing but straw to lie upon.

Q. Did she say she was consenting to it, or that it was done against her will.

Upington. She said she cried out, and that Mrs. Crew stopped her mouth; she always said so from the beginning to the ending.

Q. Was it upon the Friday that you examined her body?

Upington. It was upon the last Friday past.

Q. You say, that on the Monday after Christmas-day you sent your daughter with the money, and the time you examined her body was last Friday, which is also a fortnight's difference ; did you see any thing upon your daughter's linen that gave you any suspicion of that kind?

Upington. No.

Mary Scott sworn.

Q. Was you sent for to this girl's mother upon any occasion?

Scott. Yes, and she was searched by a midwife before me and another neighbour.

Q. Did the girl give you any account of the matter?

Scott. She said the same as she has now.

Q. Did you examine her body?

Scott. Yes, and she was very sore.

Q. Did you, upon examining her body, think that she had been abused by any man?

Scott. Yes, Sir, we did, and that was the reason of our going to a midwife.

Ann Allen sworn .

Q. Was you sent for to this girl?

Allen . Yes.

Q. What account did she give to you?

Allen . Nothing, only that she was sore.

Q. Who did she say it was by?

Allen. She did not say who had made her so, she said the man at Mrs. Crew's had made her so.

Q. What did she say Mrs. Crew did?

Allen . She said that Mrs. Crew held her down, but I was not there to see it.

Q. Did she give the same account then as she does now?

Allen . Yes.

James Atkins . I am the officer that apprehended the Prisoner. I know nothing else of the Affair.

Prisoner . I never exchanged a word with her in my life , nor never saw her; she was not there all that day, and if I had seen her a thousand times I should not have known her.

Mr. Moffat, a surgeon, happened to be in court, and was desired to give his opinion in this case .

Q. to Moffat . You have heard the age of the girl, that she is above twelve years; she says no blood was drawn, and she was entered, as her mother says, about half the length of her finger, I desire your opinion.

Moffat. Suppose a man to be extremely small, it may be, but if a man is full made, it is impossible to do it without there being a considerable quantity of blood.

Acquitted .

Sarah Dyall.
15th January 1748
Reference Numbert17480115-5
VerdictGuilty > theft under 1s

Related Material

76. + Sarah Dyall , of St. Mary Lestrand , was indicted for stealing one piece of foreign silver coin, called a French crown, value 3 s. the property of Edward Acton , clerk, privately from his person , Dec. 18 .

Edward Acton . On the 18th of December, about eleven o'clock at night, I was going along the Strand, and went into Eagle-Court to make water; the Prisoner came up to me and run her hand into my breeches; she said I should go home with her, and she would shew me all the postures I pleased; I said I was the wrong person for her, and desired her to be gone. She came up to me again, and run away directly: I thought I felt her hand in my pocket, I put my hand into my pocket to know whether I had lost any thing, and I missed this piece of silver in particular; she then got in between three men, but I took hold of her, and carried her into a publick house. I must needs say I run a great risque in so doing. There were some watchmen there, but they pretended not to be watchmen; and in the publick house she pulled down her stocking, and took the money out of her stocking and gave it to me. This is the piece

Q. Did you miss this piece before you pursued her?

Acton . Yes.

Q. And can you swear this piece was in your pocket when she came up to you?

Acton . Yes.

Q. And this you had from her?

Acton. Yes; I can swear to it out of twenty thousand.

Ralph Raynoe , Watchman. About a quarter after eleven there was watch called, and I found the Prisoner had been in a publick house with the Prosecutor and another watchman; the Prosecutor desired to have his French piece again, and told her she had taken more money out of his pocket, but if she would let him have that again, what other money she had she should be very welcome to; she then put her hand into her stocking which was upon her right leg, took out the crown piece, and gave it him.

Acton She picked more money out of my pocket, but as I could not tell what it was, I did not indict her for it.

Prisoner. I was going along with my oisters about ten o'clock, and that gentleman called to me, and asked me how I sold them; I said some four and some five a penny; he asked me whether I would eat one, and I did; he shewed me the broad piece, and we went into a publick house in Eagle-Court; he pulled out the money, and laid it upon the table, and two or three watchmen coming in, he charged me with robbing him.

Acton. I did not see that she had any oisters.

Prisoner. Oh! fye, Sir. Lord have mercy upon me, how can you say so?

Guilty, 10 d .

[Transportation. See summary.]

William Simpson.
15th January 1748
Reference Numbert17480115-6
VerdictGuilty > theft under 40s

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77. + William Simpson , of St. Michael Cornhill , was indicted for stealing eight gold rings, value 4 l. nine moidores, value 12 l. 3 s. and three half guineas, value 31 s. 6 d. the property of William Guyther , in his dwelling-house , December 10 .

William Guyther . I am a barber and peruke-maker. I went out of my house on the 10th of December, at four o'clock in the afternoon, and returned about seven in the evening; one of my servants, ( James Bell ) met me at the door, and told me, he thought I had been robbed: and that William Simpson had been there, under pretence of looking for a brush, which he had left there. The

Prisoner had been my servant : Bell desired me to go up stairs, and told me, the bureau was open; I went up stairs, and saw that my bureau was broke open. I missed nine moidores, and three half guineas, which I saw there that afternoon: I went down into the shop with my servant, and the Prisoner was in my shop all the time.

Q. Did Bell tell you in the hearing of Simpson, that he believed you had been robbed?

Guyther . No, Sir. I went up stairs with him, and shut the dining-room door, and told him, he had robbed me of so much money.

Q. Did you search him?

Guyther. No. I told him, he must have the money: he asked forgiveness, and returned me nine moidores, and three half guineas, which he pulled out of his side-breeches pocket; I asked him, if he had any money when he came into my house, and he said, he had none.

Q. Were there any marks upon the moidores?

Guyther. I don't know of any marks upon the moidores, the rings I can positively swear to.

Q. You lost eight rings; have you got them again?

Guyther. Yes.

Q. Where did you find them?

Guyther. He put his hand behind him, and then I saw the box of rings in his hand; there were eight gold rings.

James Bell . I served my time with Mr. Guyther, and lived with him as a journeyman then; on Thursday the 10th of December, between six and seven in the evening, the Prisoner came into Mr. Guyther's shop.

Q. Had the Prisoner formerly lived there?

Bell. Yes. After some conversation he said, he would go down into the kitchen to the maid, and I thought he was gone down; I went down into the kitchen, but he was not there; not seeing him there , I was surprized : I heard a noise in the dining room, and I sent a fellow-servant up with a candle to see if there was any body there. Then I went up myself , and as I was going up stairs, I heard somebody there: I called out several times, who is there ? And at last the Prisoner said, it is I. I asked him, what he did there; he said, he came for a brush that he had left there; I said, I would go up for it; I went up and found the flap of the bureau quite down, and the things in a confused manner .

Q. Did he say he had found the brush?

Bell. No, he did not say he had found it; afterwards I came down stairs, and went to a place where I thought Mr. Guyther was, but he was not there; a little after I met him at the door and told him, I had a suspicion that Simpson had robbed him, and desired him to go up stairs and satisfy himself. He went up and I with him, and he said, he was robbed.

Q. Was the bureau open then?

Bell. The flap was put up again then.

Q. Who did that?

Bell . The Prisoner went up stairs again , for I saw him come down after I came back from looking for my master; then Mr. Guyther went up stairs with the Prisoner, and told him, he had robbed him, and he pulled out a handful of gold, and gave it to Mr. Guyther; Mr. Guyther asked him if he had any money, when he came into his house, and he said, he had not a farthing; then he put his hand behind him, and slid the box, and Mr. Guyther took the box from him and opened it.

Q. Is that the box?

Bell. Yes.

Q. What was in the box?

Bell. Rings.

Q. Were they gold rings?

Bell . I can't tell whether they were gold rings or not, but I know they were rings.

Prisoner. I had been with a fellow-servant on board a ship, and was very much in liquor.

Mr. Guyther and James Bell , being asked whether he was in liquor, they said, he was.

Charles West , (for the Prisoner.) I am a cutler in Eastsmithfield, I have known the Prisoner about two years; the young man used to come very much to my house, I never saw any thing amiss in him in my life, I believe that night he was fuddled, I never saw him fuddled before, and I never heard him swear in my life.

Q. What does he do?

West. He goes to work, when he can get any; he is a journeyman barber.

Elizabeth Simpson . The Prisoner's mother-in-law has known him four years, and she always counted him a very honest lad, and said that his poor father will break his heart about it, who is as honest a man as ever lived.

Benjamin Daniel . I am a barber and peruke-maker in Mincing-lane , I have known the Prisoner about six weeks , he lived with me about a fortnight, and I never knew any ill of him.

Q. That is but a little time.

Daniel . It was not upon any dislike that I parted with him, but I had no farther occasion for him.

John Bartlett . I have known the Prisoner between six and seven years: I never knew any ill of him

in my life, and nothing to the contrary, but that he was a sober, inoffensive lad.

Joseph Griffin . The Prisoner was with me about four months; I had a good character of him from Mr. Guyther, and he behaved exceeding well with me, and was as sober, honest a fellow, as ever I had in my life; and upon that account I recommended him to Mr. Daniel.

The Prosecutor recommended the Prisoner, and desired the Court would be merciful to him: that he was obliged to give the evidence he did, and could not in conscience help it.

Guilty 39 s.

[Transportation. See summary.]

Isaac Fletcher.
15th January 1748
Reference Numbert17480115-7
VerdictsNot Guilty; Not Guilty

Related Material

78. + Isaac Fletcher , of St. Leonard Shoreditch , was indicted for assaulting Hannah Maund , spinster , in a certain alley, called Bowl-alley , in or near the King's highway; putting her in fear, and taking from her four pence . Dec. the 13th .

Eliz. Couch. On the 13th of Dec. last, about two o'clock in the morning, as I was going home by the end of Hog lane, my sister, Hannah Maund , was along with me; the Prisoner came up to me, and asked me where I was going, I said, home, and he followed us into Bowl-court alley, and the Prisoner blew the candle out; then the Prisoner spoke to my sister, and asked her, what money she had; my sister desired he would not surprize her, and she would give him what money she had; and he took four pence from her. Then he came up to me, and took from me a shilling, a thimble, a necklace, and a bunch of keys; and said, if I made any noise, he would rip me up, for he had two razors, a penknife, and a cutlass. I desired him not to frighten me, for I had but a little while to go; there were two watchmen coming by, who did not cry the hour, and when they came up, I desired they would lay hold of that fellow, for he had robbed us: and the watchmen laid hold of him, and carried him to the watch-house, and searched him for what he had taken from us.

Prisoner. Did not the watchmen and you discourse some small time together in the alley, before I was secured?

Couch. I never went from the Prisoner.

Q. You said, he had some razors and other things; were any found upon him?

Couch. No.

Prisoner. Ask her whether the watchmen did not search me in the alley?

Couch No, they did not.

Q. Did not you deliver the Prisoner into the hands of the watchmen in the alley?

Couch . Yes.

Hannah Maund . As my sister and I were coming by the corner of Hog-lane, the Prisoner stood as if he was making water, and said some words which I did not understand. I had a candle in my hand, and carried it into Bowl-court ; he took the candle out of my hand and blew it out: then he took hold of me, and asked me, what money I had; I said, a groat, which he took from me.

Q. What did he do to your sister?

Maund. He took from her a shilling, a thimble, a necklace, and a bunch of keys; I begged him not to frighten my sister: he D - d me for a B - h, and said, he would stab me; for he had got two razors, a penknife, and a cutlass; then he went to my sister , and while she was talking with him, the watchmen came by, but I did not hear them beat the hour; I laid my right hand upon his collar, and my left hand upon his arm, and called the watchmen, and they took him to the watchhouse; he took a handkerchief out of his pocket, and tied it pretty tight about his neck, and said, he wished he had a halter about his neck tighter than that.

Prisoner. Ask that witness, who calls herself a married woman, whether she did not blow the candle out herself?

Couch. He blew the candle out himself.

Q. When he blew the candle out, was there any body near?

Couch. No.

Q. Did you see the keys in his hand?

Couch. Yes, I did see them in his hand, and he told Davis the watchman, if he would go to such a place, he would find a handkerchief, and in that handkerchief were the keys.

William Davis . I was going my rounds on the 13th of Dec. between two and three o'clock, and the women were crying out, give me my money; watch, watch, the man has robbed me; they said, he had robbed one of a shilling, and the other of a groat; I desired them to consider of it before they charged the man, and they said, do you think we are drunk or mad? and the Prisoner said, don't mind them, watchman , for they are a couple of B - s, and I have lain with them both: they charged him with having a hanger, I searched him, and found nothing but a handkerchief, and some papers; the Prisoner bid me go to such a gutter, and bring a handkerchief , which I should find there, and give it to him, and say nothing to any body.

Q. Where was the gutter?

Davis. Near the watch-house .

Q. What was in the handkerchief ?

Davis. Only four keys .

William Rooke produced a handkerchief , which he said was sealed up before Justice Poulson : which Davis proved was the handkerchief he took up with the keys in it. Mr. Rooke likewise produced a necklace and a thimble: he said the Prisoner had two shillings, and about eight or nine penyworth of halfpence in his pocket: but he did not see them.

Q. What was you?

Rooke. I was headborough that night the watchmen took the Prisoner, and the women gave me charge of him.

Q. Did the women say thing about the necklace and thimble; that he had given them again?

Rooke. Yes; and I think it was to Davis , that they said so.

Q. Did you hear them say so?

Rooke. Yes.

Eliz. Couch called again.

Q. You charge the Prisoner with taking the necklace and thimble, how came you by them again?

Couch. He said, take them again: for they will be of no service to me.

Prisoner. I work with my father (who lives by Shoreditch church) as a shoemaker, and he had paid me my wages; it was on a saturday night, and I went to the Hob in the well to meet some acquaintance: my father desired I would not make it late. One of my acquaintance came to me, and we had a dish of stakes, and I staid later than ordinary; I believe, till one o'clock. I was going by the end of Hog-lane, on my way home: I was not drunk, for I was as sober as I am now; says one of these women, hark you, my dear, I want to speak to you; one of them asked me, whether I would go home with her; I asked her where she lived, she said, in Bowl-court; I went with her a little way, and when I came to the end of the court, I said, it was too late to go up, and I went away, and she made an agreement with me for a groat; I take it to be the person who calls herself a single woman, but I agreed to give them a groat a piece, and had to do with them both; it was about two o'clock, and the watch was coming up: and one of the women said, I charge you with this man: I had the handkerchief in my hand, which your Lordship saw just now, and after I had had carnal knowledge of them, I felt in my pocket for my handkerchief , and could not find it: and the watchmen coming up, she put the handkerchief into my hand, and then they charged the watchmen with me; I had given the watchmen charge of them, but they would not take charge of the women, but took hold of me; and John Davis spoke to one of them , and took her up the court, and they were discoursing for three or four minutes: and then they said, take him away, he has robbed me. And as they took me away, the handkerchief dropped out of my hand. I said, watchman I have lost a handkerchief upon the road: it is not worth a great deal, but I hope you will go and see for it: which he did; but he would not give it me, for he said, one of the witnesses would swear to the keys.

Thomas Richards . I have known the Prisoner upwards of two years, he is a shoemaker, and bears a very good character.

Samuel Stiff . I have known the Prisoner above seven years, and know his father too: he is as honest a man as ever was born in the world. I would trust him with all I have in the world, and I never heard any thing amiss of the Prisoner in my life.

Samuel Ogden . I have known the Prisoner about three years, I have lived in the house with him, and he was as sober a young man, as ever I desire to live with: and his general character is such.

Prisoner. The Prosecutors offered me four shillings to make this up.

Bernard Gill . I have known Fletcher about twelve months, and I never heard, but that he behaved well in the parish where I lived.

Joseph Gill . I have known the Prisoner about four or five months, and never heard any ill of him.

William Davis called again,

Q. Did the Prosecutors offer to make it up for four shillings?

Davis. I never heard any thing said of four shillings.

Q. to Mary Hopkins . What characters do Couch and Maund bear?

Hopkins. A very bad one, and are not to be credited.

Thomas Mead . They are both persons of a very bad character, and not to be minded.

Joanna Thornton . I have known Couch and Maund several years, they bear a very bad character, and are not to be credited at all; and they keep late hours , and come in at three or four in the morning.

Thomas Kinchen . I have known Couch and Maund some years, and lived in the house with them three months.

Q. What is their general character among their neighbours?

Kinchen. Their characters are, that they keep late hours, and are drunkards .

Q. Are they persons to be credited?

Kinchen . No, Sir.

Margaret Racket . I have known the Prosecutors several years, their characters among their neighbours is but very indifferent.

Acquitted .

+ Isaac Fletcher was a second time indicted for assaulting Elizabeth, the wife of James Couch , in a certain alley, in or near the King's highway, called Bowl-Alley , putting her in fear, and taking from her one shilling in money, a thimble, a necklace, and a bunch of keys , December 13 .

Elizabeth Couch . On the 13th of December I was coming along Shoreditch with my sister, and at the end of Hog-Lane I met with the Prisoner; we went together to Bowl-Alley, and about the middle of the alley the Prisoner blew our candle out, and took from me a shilling, a thimble, a necklace, and a bunch of keys.

Q. Have you any further circumstances to give an account of, than you did on the other trial?

Couch. No.

Hannah Maund . I have no further evidence to give, than what I gave upon the former trial.

Elizabeth Couch . desired some witnesses might be called in behalf of her character.

Elizabeth Wangow . Hannah Maund came to nurse me of a fever, and was with me that night; her sister came to fetch her home, and they staid at our house till past two. I know nothing of their characters; I never heard any thing amiss of them?

William Allen . I never heard any thing amiss of them; one goes out a charing, and the other winds silk.

Q. Do you live near them?

Allen. I live within twenty or thirty yards of them, where they have lived twenty-five or twenty six years.

Acquitted .

James Price.
15th January 1748
Reference Numbert17480115-8

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79. James Price was indicted for stealing one shilling in money , the property of Sarah Foster and Charles Wilkins , Jan. 14 .

Charles Wilkins . I am partner with Mrs. Foster, and the Prisoner was my servant ; I suspected him, and marked six shillings; yesterday I put them into the till, and about a quarter of an hour after he took one of these marked shillings out of the till; he put in a shilling that he took of a customer, and took one of these marked shillings out.

Q. How did you mark them?

Wilkins. C. W. 1747. upon five of the shillings, and the other I marked with a cross; the shilling that he took he produced, and laid it down upon the desk; it was marked C. W. 1747.

Q. Do you know what was in the drawer besides ?

Wilkins. Nothing but a six-pence, and the six marked shillings, besides the shilling he took of a customer.

Septimus Harling . I am an apprentice to Mrs. Foster and Mr. Wilkins, at the Olive-Tree in Tower-Street; I was in the compting-house when my master marked six shillings.

Q. What mark did he put upon them?

Harling. He marked five with C. W. 1747. and another with another mark.

Q. What was the reason of his marking these?

Harling. Because he had missed some money, and suspected the Prisoner; a person came into the shop and bespoke some things, the woman gave him a shilling, and I saw him put that into the till and take another out.

Q. Did your master challenge the Prisoner, or say any thing to him that he had taken a shilling out of the till?

Harling. Yes, he called him into the compting-house, and asked him what money he had about him; he said he had five shillings and six pence; my master said he had some of his, and desired to look at his money; he then pulled out five shillings and six pence, and laid it down upon the desk.

Q. And did you see them?

Harling. Yes; and a shilling, marked C. W. 1747. was among them. He was carried before my Lord Mayor, and he owned it then.

Guilty .

[Transportation. See summary.]

William Haddock.
15th January 1748
Reference Numbert17480115-9

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80. William Haddock , of St. Dunstan's in the West , London, was indicted for stealing one linen handkerchief, value 10 d. the property of John Jones , Jan. 12 .

John Jones . On Tuesday night last I was coming along pretty near Black-Fryer's gate , and observing a twitch of my coat, which was unbuttoned, that drew the skirt of my coat back, I put my hand into my pocket, and missed my handkerchief ; I turned about, and saw two persons behind me, the Prisoner at the bar was one, and I saw my handkerchief in his hand; I taxed him with it, and told him it was my handkerchief, but he said he found it; I laid hold of him, but the other, who I apprehend was his companion, went away, and I saw no more of him; I took hold of the Prisoner, and carried , or at least dragged him to Grocers-Hall, from whence I had an order to take him to the Compter, for I had no constable

all this while, neither could I get one, so I took him to the Compter myself: He was examined by one of the persons belonging to my Lord's office, and he said he was a shoemaker, and lived at Cow-Cross. Yesterday he was committed, and then he did not say he was a shoemaker, but carried coals, and did what he could for a livelihood.

Q. You say there was a twitch at your pocket, Do you think you lost your handkerchief at that time?

Jones. Yes.

Prisoner. I was going along, and picked this handkerchief off the ground; the gentleman took it in his hand and owned it; he desired me to give it him, and I gave it him directly.

A Juryman. Was it dirty?

Jones. No, Sir.

Jury. How long had you made use of it before?

Jones. But a very little time.

Q. Was it in a dirty place?

Jones. It was upon the paved stones.

Q. Was it dirty weather?

Jones. The stones were slappy.

Guilty .

[Transportation. See summary.]

Elizabeth Adams, David Lloyd.
15th January 1748
Reference Numbert17480115-10
VerdictsGuilty > theft under 1s; Not Guilty
SentencesCorporal > whipping

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81. Elizabeth Adams , of St. Margaret's, Westminster , was indicted for stealing seven ounces and an half of worsted, value 2 s. 6 d. the property of Richard Hudson , and

82. David Lloyd , for receiving the same, knowing it to be stolen , November 20 .

Richard Hudson . I am a frame-work knitter; on the twentieth of November last I lost twelve ounces and an half of frame-work knitting worsted, the same sort of this.

Q. How came you to suspect the Prisoner (Adams)?

Hudson. She had worked for me about half a year, and I missed goods; I went to people that kept frames, and desired them to stop them, if any were brought to them. I will take my oath that is my worsted; it was found at one Wagg's; there are seven ounces and a half of it, and Elizabeth Adams , the Prisoner. owned she took it out of my shop, and Lloyd owned he bought it of Adams.

Q. What is Lloyd?

Hudson . He keeps a stocking shop, and sells buttons and other things.

Q. What is the value of it?

Hudson . I have laid it at a groat an ounce, and the Prisoner said he did not know whether he gave three halfpence or seven farthings for it, and I give five pence for the same; and afterwards he owned he gave but three halfpence .

Q. How came you by this worsted?

Hudson. One William Meads brought it to me.

Q. What is it worth?

Hudson. It is worth a groat an ounce.

Q. If you could get a quantity of it, would you buy it at three pence an ounce?

Hudson. No.

Q. Would you buy it at two pence an ounce. if any was offered to you?

Hudson . No, I would not , for I should think they did not come honestly by it.

Prisoner Lloyd. It is very difficult to swear to a thing, that it is the same.

Q. (to Mr. Hudson) Consider this is a matter that may affect the Prisoner at the bar, can you swear that the worsted you have produced is the worsted you lost?

Hudson. I am sure of it, for I tied it round with some yarn, and in such a manner, that no body of the trade can do so as myself.

William Meads . Lloyd, the Prisoner , gave it to me to make into stockings, and the moment I had it I gave it to Mr. Wagg .

Q. Did you give it to Wagg directly?

Meads. I believe it was not a quarter of an hour.

Q. How long after you has given it to Wagg was there any inquiry about it?

Meads. About a fortnight.

Q. Do you know Mr. Lloyd?

Meads. Yes; I have known him these twelve years.

Q. Do you think he would buy goods, knowing them to be stolen?

Meads. No, I do not believe he would.

Q. Does he understand these goods?

Meads. He was not brought up to the trade.

Q. I want to know the difference between the weaving yarn and the knitting yarn, and which is dearest and which is cheapest .

Meads. One is hard and the other soft, the hard is the dearest and the soft is the cheapest; I believe the knitting yarn is not so good as the weaving yarn.

Q. What do you take that worsted to be worth?

Meads. Three pence half penny, or a groat an ounce.

Q. Suppose any body was to bring a parcel of this to you, what would you give for it?

Meads . I would give what I pleased.

Q. Would you?

Meads. Yes; and if they would not take it, they might do as they pleased.

Q. Suppose any body was to offer you that at three halfpence an ounce, what should you think of them?

Meads. I should think they did not come honestly by it, because I know it must cost more.

Ann Adams . I carried some white and blue worsted to Mr. Lloyd, and he gave me a groat for it.

Q. This is grey worsted, so that it cannot be the same. What did Lloyd say to you?

Ann Adams . He bought it of me.

Q. How much was there that he gave you the groat for?

Ann Adams . There were five ounces of it.

Q. What did you say to him?

Ann Adams . I told him my mother was starving, and that she wanted a little money.

Lloyd's Coun . So you told him you wanted some money to keep the family from starving , and he let you have some for that purpose?

Court. This is a great aggravation of the offence , and is squeezing the poor prodigiously.

Prisoner Adams. I found the worsted in a brown paper in Tothill Street, and as to what worsted I spun myself, it was out of odds and ends; Mr. Hudson has kept the girl on, and said he would take her apprentice, if she would be evidence against me.

Pris. Lloyd. I would be judged by one Mr. King as to the price of the worsted.

Q. Do you insist upon it, that you bought it at a fair market price?

Lloyd . I gave seven farthings an ounce for it.

John King . I have worked for Mr. Hudson at times; this worsted was missing , but how much there was of it I cannot tell; and I question whether or no he has not given very near as much as it is worth.

Q. Do you understand the worth of worsted?

King. I have been thirty years a stocking-maker , and I am upon my oath .

Q. What is the worth of it?

King. I do not think it is worth a groat an ounce.

Q. What would you have given for that in the paper ?

King. I am near sighted , and I beg leave to look at it; it is worth five pence an ounce to work in a fine frame, but it is not fit to work in a fine frame.

Q. What is it worth?

King. I do not think it worth three pence , but I would not give three pence halfpenny for it .

Q. Is it worth seven farthings ?

King. This is a chance thing, and I would not have given so much as he has done; but I believe he does not understand the value of it.

Pris. Lloyd's Coun. Do you think he would receive stolen goods, knowing them to be so?

King. Upon my oath I do not believe he would.

Q. You say you would not have given seven farthings an ounce for it?

King. I would not.

Q. Then what made you say it was worth three pence ?

King. It would not be worth so much to me, it would take me up more time to fit it for the work than I could afford.

Thomas Bascomb . I live in St. Martin's Legrand , and keep a stocking warehouse; I have known Lloyd above two years, and he has dealt with me.

Q. Do you think he would buy goods, knowing them to be stolen?

Bascomb. I believe there is no man of any character that would, and I do not think he would.

Q. Do you think he is a judge of worsted?

Bascomb . I believe he is not; he only deals in two penny halfpenny, and low sorts of worsted.

Q. Is he a man of a fair and honest character?

Bascomb. He is a man of as fair and honest a character as any I know.

Q. What would you give an ounce for it?

Bascomb. I would not give four pence an ounce for it.

Q. Would you give seven farthings?

Bascomb. Yes, Sir, to be sure, it is worth more than that; but this is tumbled , and I would not give above three pence for this worsted, for it is not worth more.

Robert Hales . I have known Lloyd several years, and he bears a very good character; I have not an honester juster dealer belonging to me than he is.

Q. What trade are you?

Hales. I am a hosier.

Q . Look at that worsted. What do you take it to be worth?

Hale. As it is tumbled in this manner (though it may be better than it appears to be) I have as good for three pence an ounce, and I think I have as good for something less.

Q. Do you think he is a good judge of these goods himself?

Hales. Unless he deals in it very much, I do not think he is; but I am informed he does not deal much in this article, and that he is not a judge of the goodness of it.

Stephen Todd . I have known Lloyd five or six years ; he has a very good character, and I believe is as honest a man as ever was, and that he would not be guilty of any such thing.

John Ashmore . I have known Lloyd these sixteen years, and do, with all my heart, believe him to be a very honest man.

Thomas Collyer . I have known Lloyd these three years.

Q. What character has he born during the time you have known him?

Collyer . A very good one; I never heard any thing to the contrary.

Q. Nor you do not believe that he would be guilty of any roguery ?

Collyer. I do not believe he would.

Thomas White . I have known him several years; I live with him, and never heard or knew any thing amiss of him, for he always had the character of a candid honest man: his business does not lie among chance customers, but amongst those that know him.

Q. Do you think he would be guilty of any thing of this kind?

White. I believe he would not be guilty of it, and that he would not receive stolen goods, if he could have them for nothing.

Elizabeth Adams guilty, 10 d .

David Lloyd acquitted .

[Whipping. See summary.]

Sarah Jones, Elizabeth Maybank.
15th January 1748
Reference Numbert17480115-11
VerdictNot Guilty; Guilty > theft under 1s

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83. 84. Sarah Jones , and Elizabeth Maybank , of St. James's, Westminster , were indicted for stealing one pair of leather shoes, value 1 s. two knives, value 2 d. and a hammer, value 4 d. the property of Jonathan Long , Dec. 24 .

Jonathan Long . On the 24th of December I lost a pair of leather shoes, a hammer and two knives out of my stall in Piccadilly , for in the morning I found my stall broke open, and the things gone.

John Skate , Watchman. About two o'clock in the morning the Prisoners asked me what it was o'clock; I said past two, and that it was time for all honest people to be in bed: I heard a noise afterwards, and some time after that I found the stall had been broke open; about three o'clock I saw the Prisoners at the bar come back again, and having a suspicion of them I took them, and found the things.

Q. When do you think it was broke open?

Skate . About half an hour after two.

Q. Who did you find the things upon?

Skate. Upon Elizabeth Maybank .

Pris. Maybank. I was going to market, and met the other Prisoner with some things under her arm, and I bought a pair of shoes of her I have no witness to prove it.

Robert Lowry . I have known Sarah Jones almost these six years; she sells fruit about the streets in summer, her mother keeps a green-stall , and I believe the Prisoner got her bread in a very honest way; I live within a stone's throw of her.

Joseph Shank . I have known Sarah Jones about seven years, I live just by her, and never heard any thing but that she was very honest, and got her living by selling fruit and other things.

James Questen . I have known Sarah Jones about a year and an half, and she always behaved very well; I know she has had money lent her to buy goods, and when she could not buy the goods she carried the money back again, and if she was discharged, I would trust her as readily as I did before.

Sarah Jones acquitted . Elizabeth Maybank guilty, 10 d .

[Transportation. See summary.]

Ann Mackdonald.
15th January 1748
Reference Numbert17480115-12
VerdictNot Guilty

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85. Ann Mackdonald , was indicted for stealing a linen cap, value 18 d. and a silk handkerchief, value 1 s. the property of Margaret Bennet , Nov. 28 .

Margaret Bennet . I lost a cap and a handkerchief; the Prisoner came to my Mrs. to beg the favour of her to go with a message to a gentlewoman who owed her some money, and my Mrs. gave her a breakfast; this handkerchief was in an elbow chair in the kitchen, and I saw her take the handkerchief into her right hand, and put it under her cloak, but I took no notice of it till my Mrs. came home; when she came home, I said to her, Did not you see a handkerchief in the great chair? Yes, said she; then said I, Nanny has taken it. The next day she came again, and my Mrs. spoke to her about it, but she denied it; said I, Nanny, do not deny it, for I saw you take it; she said she knew nothing of it. She came the next day again; there is a bureau in the parlour, and all the drawers except one were locked up, and there I had put my cap; the cap lay uppermost, and was taken out of the drawer; the next morning the cap was missed, and the Prisoner came the next day as usual ; said I, Nanny, you have got my cap, and she said she had not; we talked of searching her pocket, and she pulled out a dirty cap, which was none of mine; I told her, if it was pawned or sold, I would go and fetch it, as likewise the handkerchief ; she said she never saw any thing of the cap and handkerchief , and wondered I should think so of her .

Q. Did you find the cap upon her?

Bennett . No; I only saw her take the handkerchief.

Hannah Loveday . The Prisoner came to me to do a message for her in Spring Garden, and I left her and my maid in the parlour; before I went out I went into the kitchen, and saw the handkerchief, it was a silk handkerchief, and when I came home, Peggy said the Prisoner had taken the handkerchief, and was gone away with it; said I, it is a strange thing you should see a person take your handkerchief, and not stop her with it.

Q. Do you know any thing of the cap?

Loveday. Margaret Bennett saw the cap in the drawer, it lay uppermost, and the next day the cap was missing.

Acquitted .

John Smallwood.
15th January 1748
Reference Numbert17480115-13
VerdictNot Guilty

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86. + John Smallwood , of St. Paul's, Covent-Garden , was indicted for assaulting Lawrence Potts on the King's highway, putting him in fear, and taking from him a hat, value 5 s. a Peruke, value 5 s. and an oak stick, value 1 d. the property of the said Lawrence Potts , December 5 .

Laurence Potts . On the 5th of December, at night, I had been at the two blue posts in Russel-Street, Covent-Garden, and coming down Bridges Street , between ten and eleven o'clock, the Prisoner and two more were standing at a door; the Prisoner stepped up to me, laid hold of my arm, and stopped me in the street; I asked him whether he wanted to rob me; he said, D - n you, I believe you want to rob me, for I have got a watch in my pocket; I gave myself a jerk and got from him, and turning about I saw a man; upon that I called out, Watch! but the man replied, I am no watchman, I am a chairman; then the Prisoner cried out, two Paddies, by G - d, (that is two Irishmen) met together; he took hold of me again after the chairman came up; said he, I will fight you; no, says I, I am no fighting man; said he, I will fight you for a tankard of beer; I replied, I would not fight at all; then he gave me a slap on the face, and I struck him again with a stick; upon that he collared me, and beat me very much on my body, the effects of which blows I now feel; then a little fellow, one of his accomplices, came and tripped up my heels, and my hat and wig fell off; the Prisoner fell upon me, and kept me down a great while.

Q. What became of your hat and wig?

Potts. They were gone, and I never heard of them since.

Q. You was stunned I suppose?

Potts. I was very much bruised; then Smallwood was taken and carried into the watch-house.

Pris. Coun. What became of the man who said he was a chairman?

Potts. I have inquired, and have not been able to find him.

Pris. Coun. Where do you live, Sir?

Potts. I live in St. Martin's Legrand , I am a jeweller.

Q. What account did you give before the magistrate?

Potts. The same as I do now.

Q. Did you charge him with a robbery or not?

Potts. The Justice asked me if I would swear a point blank robbery against him, or only an assault, with an intent of a robbery? Said I, I do not suppose a man should assault me with an intent to rob, when he stole my hat and wig.

Q. What did you charge him with?

P. I said he stopped me in the street, and I lost my hat and wig.

Q. Give me an answer, whether you did, before the Magistrate , charge him with a robbery, or whether he was committed for a robbery?

Potts. He was committed for a robbery.

Q. What did you charge him for?

Potts. For being stopped in the street, and robbed by his companions of my hat and wig.

Pris. Coun. Did you relate the thing to the Justice as you say now?

Potts. Yes, I did.

Pris. Coun. Did the Magistrate say he had committed him for a robbery?

Potts. Yes.

Pris. Coun. I have the Magistrate's warrant for a common assault.

Q. I ask you what you said, when you went to the watch-house?

Potts. I told you that this man assaulted me in the street, and I lost my hat and wig.

Pris. Coun. What did you say to Smallwood before he struck you?

Potts. Nothing at all.

Q. Did he attempt to knock you down?

Potts. No, he took hold of me by my arm.

Q. Who struck first?

Potts. He did.

Q. Did he ask you for any money, or order you to deliver any thing?

Potts. No.

- Burton . I am a watchman in Bridges-Street ; on the 5th of December, at night, as I was upon my watch , Mr. Smallwood, and two

more, stood over against me, and by and by Mr. Potts came singly by himself.

Q. What time was this?

Burton . About eleven o'clock: and I heard Mr. Potts say, what do you assault me for? Can't a man go along quietly? and Smallwood said to him, I will fight you for a full pot; and Mr. Potts said, I am no fighting man, I will not fight you. Mr. Potts stepped six or seven steps forward, and a little fellow came and tripped him up; and Mr. Potts was almost smothered in the dirt, and I took Smallwood off him, and took him to the watch-house.

Q. Were they both kept in the watch-house all night ?

Burton. Yes.

Prosecutor's Coun. What passed at the watch-house ?

Burton. Mr. Potts said, the Prisoner wanted to fight him, and he would not fight with him.

Prisoner's Coun. Did he say he wanted to rob him?

Burton. He said, he believed he wanted to rob him.

Q. Did Smallwood charge him?

Burton. Yes.

Q. What did Smallwood charge him with?

Burton. I can't tell, but he was charged.

Q. What words did Potts make use of?

Burton. That he had lost his hat, wig, and stick.

Prisoner's Coun. What passed before the Justice?

Burton. The Justice examined Potts, and he said, he was stopped in such a place, and lost his hat, wig, and stick.

Robert Powell . I am a glover, and live in Vinegar-yard , in that neighbourhood; I was going home, and saw four men together: Mr. Potts, the Prisoner, and two others. I heard some blows, I looked and saw this gentleman and Smallwood engaged, and a little fellow came and tripped Mr. Potts up upon his back, and Smallwood lay upon him, and Smallwood gave the first charge: and the little man who tripped Mr. Potts up, gathered up his hat and wig, and went away with them.

Prosecutor's Coun. Was there any thing offered you to prevent you from coming to give evidence to day?

Powell. Yes, there was.

Q. Who offered it to you?

Powell. It was a woman.

Q. Do you know who the woman was?

Powell . I don't know who she was.

Q. Was it offered you by the Prisoner?

Powell . No.

Potts. The Prisoner's brother told me the night afterwards, where my stick was to be had.

Prisoner's Coun. Was you drunk or sober?

Potts . I was quite perfectly sober.

Q. You was just come from an ale-house, was not you?

Potts. Yes.

Q. You was a little reeling I suppose?

Burton, the watchman. He was as sober as he is now.

Prisoner . I had been drinking at a publick-house, and was going home to bed; I was very much fuddled, and run against this man, and fell down: and after I was down, he gave me several blows. I got up, and took him by the collar; I knocked him down, and I lost my hat and wig.

Burton. The Prisoner had no wig when he came into the watch-house.

Tamar Stock . I have known Smallwood between three and four years, he has used my house two years and an half; he came into my house between ten and eleven o'clock, it was the 5th of Dec. said I, where have you been, you are drunk, or that he was very much fuddled? said he, as fuddled as I am, I will have a pint of beer; he had a pint of beer drawn, and sat by it till after twelve o'clock, and unbuttoned the knees of his breeches, and took off his garters, and said, he would go home.

Q. Did any body go with him?

Stock. No, not came in with him.

Pris. Coun. What is his general character?

Stock. That he is a very honest fellow.

Q. Do you think he would be guilty of robbing this man upon the highway.

Stock. No, nor any body else.

Q. Where is your publick-house?

Stock. The Crooked Billet in Bridges-Street, Covent Garden .

Q. The squabble was said, I think, to be near Vinegar-Yard, how far is that from your house?

Stock. About two stones throw.

Ambrose Ward . I saw Smallwood at the Crooked Billet in Bridges-Street on the fifth of December, between ten and eleven o'clock.

Q. What time did he go away?

Ward. About ten minutes after twelve.

Q. Did he come in with any company, or go out with any company?

Ward. No; when he came in he staggered, and hit his head against the wall.

Acquitted .

Christopher Featherstone.
15th January 1748
Reference Numbert17480115-14

Related Material

87. Christopher Featherstone , of St. Peter Cheap , was indicted for stealing one truss, containing

ten dozen, of woollen hose, value 5 l. the property of Richard Stroud , December 19 .

Richard Stroud . I am a porter to carriers at the Cross Keys Inn in Wood-Street , and was intrusted with these goods.

Q. And are you answerable for them?

Stroud . Yes.

Q. Did you at any time lose any hose?

Stroud. Yes. I am porter to the Kidderminster Waggon , and on the 19th of December last I lost a truss of hose out of the inn-yard.

Q. Do you know what quantity there was in that truss ?

Stroud. I believe there were twenty dozen, but I am sure there were ten dozen.

Q. What reason have you to think the Prisoner was concerned in taking them?

Stroud. I had sent my brother of an errand into the Old-Jewry, and when he came back from thence , he said there was a man gone out with a parcel of stockings, and asked me whether I had delivered any to him. I said I had not; I followed the Prisoner, and saw him with a bag, and about one hundred yards from the Inn gate in Wood-Street , he turned up into Gold-Street; I saw him with the bag of stockings upon his back or shoulders, and I saw him drop the stockings.

Q. Did you take him?

Stroud . Yes, I pursued him and took him; he run out of Gold-Street into Gutter-Lane, and came into Cheapside ; I took him among the coachmen in Cheapside, and I never lost sight of him till I took him.

Q. What time was this?

Stroud. It was about six or seven at night .

Q. What clothes had the man on that you saw with the bag of stockings?

Stroud. I think he had not all the same clothes on then as he has now, but the man had a white dussled coat, such as the Prisoner has on.

Q. Who took him?

Stroud. My brother and I did.

Q. Did you or your brother take the stockings up?

Stroud. I ordered my brother to take them up.

Q. Did you stay to see him take them up?

Stroud . No.

Q. When you took the Prisoner, did any discourse pass between you and him?

Stroud. He said he was not the person.

Q. Did you ask him how he came to run away?

Stroud . He did run away, and I cried out stop thief , and the Prisoner he cried out stop thief too.

Q. You are sure of what you say?

Stroud. I know something of Christian knowledge, and I would not swear falsely.

Q. Did you see any body go before the Prisoner?

Stroud. No, there was no body but my brother, myself, and the Prisoner.

Q. Did he take them out of the warehouse?

Stroud. They were never put into the warehouse, they lay in the inn-yard.

Q. Where were these stockings to be delivered?

Stroud. They were, as far as I can find out, to go to the Swan at Holbourn-Bridge, to go to an other carrier.

Q. Is your brother your servant?

Stroud . Yes.

Q. Did you-take all the stockings out of the waggon?

Stroud. My brother and I did; we took out six trusses of stockings.

Henry Stroud . I am brother of Richard Stroud on the 19th of December, I went with a pot of butter to Mr. Robinson's in the Old-Jury, and then I went to the Cross Keys in Wood-Street; it was between six and seven, and I saw the Prisoner turning out of the inn with a bag of stockings upon his back or shoulder.

Q. Did you know the Prisoner before?

Stroud. I did not know him till my brother had taken him, and he had on a double-breasted lapel waistcoat.

Q. You say you came into the inn between six and seven?

Stroud. Yes, and I saw the Prisoner with a bag of stockings at his back, just turning out of the inn-gate.

Q. Look at the Prisoner at the bar, are you sure that is the man?

Stroud. I am sure he is the man.

Q. How did you know him?

Stroud. By the lamp.

Q. Is there a lamp at the inn-gate?

Stroud. There is a light within the inn-gate.

Q. Did you see his face?

Stroud. No, but I am positive he is the man, for he was never out of my sight , till he dropped the stockings .

Q. Did you acquaint your brother with it?

Stroud. I said to my brother, Richard, have you delivered out a bag of stockings ? No, said he: said I, there is a bag gone; I followed the Prisoner, and he had like to have tumbled the stockings upon me.

Q. Did you lose sight of the Prisoner till he dropped the stockings?

Stroud. I did lose sight of him a little while to be sure.

Q. When you asked your brother whether he had sent any stockings out, you followed the man you say, and you are sure you did not lose sight of him till he dropped the stockings?

Stroud. Yes; and I took the stockings, and carried them back to the warehouse: I did not pursue the man, my brother took him; he had on a light coloured coat, and a little light bob wig.

Prisoner's Coun. Are you positive to the man?

Stroud. Yes, I am. I know the world something.

Absalom Gibbons . I am a news-man; I was coming out of the Horns in Gutter-Lane, on the saturday before Christmas-day, it was the 19th of Dec. between six and seven o'clock, and I heard a cry of stop thief; I saw the Prisoner running along, no body run before the Prisoner. I turned about, and saw him turn out of Cheapside, into St. Paul's Church-yard ; I run after him, and cried, stop thief; and he cried, stop thief too; and in a minute's time he was taken.

Q. What clothes had he on?

Gibbons. A light coloured coat, a double breasted waistcoat, and a light wig.

Q. Are you sure the Prisoner is the man you saw pursued?

Absalom . Yes.

Q. Did you see any stockings upon him?

Absalom . No, I saw no stockings.

Prisoner. I never cried out stop thief, till I came out of Gutter-Lane, into Cheapside ; and then I cried out, stop thief, as well as them; and I had a duffled coat on then, as I have now.

Richard Stroud . He said before my Lord-Mayor, that another porter helped him up with the bag of stockings upon his back; and he said, that the man was not to be found.

Q. Did you ever at any time say before my Lord-Mayor, that another porter helped you up with the bag of stockings?

Prisoner. No. He accused the book keeper with this.

Q. to Richard Stroud . Did you ever accuse any body else but the Prisoner;

Stroud. I never did.

Q. to the Prisoner . What are you?

Prisoner. I am a bricklayer, and in winter time I follow chair work. I live by Grosvenor-square.

Q. What brought you to the Cross-Keys Inn in Wood street?

Prisoner. I was not there, I was going down Gutter-Lane, into Barbican ; I had been to enquire after a relation in Spittle-fields .

Prisoner's defence.

James Reynolds . I am a peruke-maker , and live in Prince's-street, by Lincoln's-Inn-Fields.

Q. What, a master?

Reynolds. No, a journeyman. I live with Mr Gould.

Q. Look at the Prisoner. Do you know any thing of that man?

Reynolds . No. I was informed, that Mr. Gascoign's waggon, the Worcester waggon, put up at the Cross-Keys Inn; I enquired, and they told me, the Worcester waggon did not put up there , but the Worcestershire waggon did. There was somebody came into the Inn, and asked the Porter whether he had delivered out any parcel or bundle , and he said, no. They said, there was something lost, and that there was a man run away; the porter run out of the Inn after him, I was close at the porter's heels , but he was out of sight of every one; I lost sight of him at the corner of Gold-street, the next turning to the Cross-Keys Inn , in Wood-street.

Q. Did you see any man with a bundle upon his back ?

Reynolds . No, I did not.

Q. You said just now, you lost sight of him.

Reynolds. When I was before my Lord-Mayor, I told his Lordship, I saw more than any body; what I swear now is, that when he came to the corner of the street, I lost sight of him. I cannot say it was the Prisoner at the bar .

Q. What do you mean by losing sight?

Reynolds. And please your Lordship, you have critical words, and I don't understand them.

John Morris . I am a block-maker , and live in Little-Wild-Street, I was going down Wood-Street about seven o'clock to buy some brass in Old-Bethlem, and at the Cross Keys Inn, in Wood-Street, I saw a man go out with a bundle; the evening was dark; the man had on a light great coat, and he was pursued; the Prisoner, if it was him, threw down the bundle, and run away, and they pursued him to the end of Golden-Lane [that is Gold-Street.]

Q. And did you run after him?

Morris. Yes, but I could not see any thing of him.

Q. So you pursued him?

Morris. Yes.

Q. What did you pursue him for?

Morris. Because they cried out stop thief ; then the man went into Gutter-Lane, at the corner of Golden-Lane or Gold-Street, and they all lost sight of him. The man that I saw with the stockings was a little man.

Q. How came you to come here?

Morris. I heard the next day that the man was committed, and thinking him not the same man, I went to inform him of it.

Q. Did you know that before you saw him?

Morris. Yes, because they said it was a lusty fat man.

David Morris . I am servant to Mr. William Moore , a druggist in Wood-Street, and what we commonly call a porter.

Q. Are you any relation to John Morris ?

Morris. No relation at all.

Q. What do you know of this affair ?

Morris. I know nothing of the affair.

Q. Do you know any thing of the Prisoner?

Morris. I know nothing of him.

Q. Do you know any thing of the man that took the stockings?

Morris. I do not.

Q. How came you to come here ?

Morris. My master gave me leave to come here, at the desire of the person who asked him.

Q. Who was that person that desired him?

Morris . John Morris , my Lord; I have a subpoena ; he told me I must come; I told him I knew nothing of the matter .

Q. to John Morris . Who did subpoena this witness?

John Morris . I did subpoena him.

Q. to David Morris . Did he tell you what you was to come for?

Morris. No, he told me nothing of the matter.

Q. Tell me what he said to you when he gave the subpoena.

Morris. He told me I should be accused concerning the Prisoner at the bar, for helping the man up with the parcel .

John Morris called again.

Q. What did you mean by subpoenaing this man?

John Morris . The attorney gave me a subpoena, and said I must summon him here.

The subpoena was produced in Court, which was dated 1730, and the two last figures were erazed , and altered to 1747.

John Brittle . My father is a carrier, and lives at Kidderminster .

Q. Was you by when this fact happened?

Brittle , No, my Lord.

Q. What can you say to it then?

Brittle. I was in Newgate last Sunday, and my father's brother was with me; my father had heard that the things were stolen out of the waggon - I ask pardon; these goods were delivered to my father in the country, and booked to him; he could not put them into his waggon , so he got another carrier to put them up, and he was to have carried them to the Saracen's Head on Snow-Hill , but there was a mistake, and they were left at the Cross Keys Inn. My father was at Newgate with the Prisoner one day, and my uncle another.

Q. Do you know the Prisoner at the bar?

Brittle. No, I do not know him, neither does my father.

Q. What brought you here?

Brittle. I could not help coming, my Lord.

Q. Who subpoenaed you?

Brittle. The man's wife.