Old Bailey Proceedings.
26th October 1752
Reference Number: 17521026

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Old Bailey Proceedings front matter.
26th October 1752
Reference Numberf17521026-1

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THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 26th, Friday the 27th, Saturday the 28th, and Monday the 30th, of OCTOBER.

In the 26th Year of His MAJESTY's Reign. NUMBER VIII. for the Year 1752. BEING THE Third SESSIONS in the MAYORALTY of the Right Honourable Robert Alsop , Esq; LORD-MAYOR of the CITY of LONDON.


Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1752.

[Price Four-Pence.]


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

BEFORE the Right Honourable ROBERT ALSOP , Esq; Lord Mayor of the City of London, the Right Honourable Lord Chief Justice WILLES *, the Honourable Sir THOMAS BURNET , Knt. || the Honourable Mr. Baron CLIVE +, RICHARD ADAMS ++, Esq; Recorder, and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of the Gaol-Delivery of Newgate, holden or the said City, and County of Middlesex.

N. B. The *, ||, +, ++, direct to the judge before whom the prisoner was tried. L. M. by which jury.

London Jury.

John Kirk ,

Ralph Griffith ,

John Winning ,

John Smith ,

Daniel Marcoone ,

Paul Stevens ,

Edward North ,

Thomas Burroughs ,

John Bennett ,

William Rogers ,

William Barlow ,

Thomas Smith .

Middlesex Jury.

Francis Wilder ,

James Hugget ,

James Hambleton ,

William Mathews ,

William King ,

John Woolridge ,

Nicholas Wright ,

Thomas Davis ,

William Vanlute ,

William Roby ,

Isaac Daniel ,

Joseph Wright .

Thomas Moore.
26th October 1752
Reference Numbert17521026-1
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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500. (L.) Thomas Moore was indicted for stealing 20 pounds weight of lead, val. 20 d. fixed to a warehouse belonging to the merchants of Almaine , commonly called Hants Town , Sept. 20 . ++

Martin Elkin . I am agent to the merchants of Almaine. They have several warehouses at the Steel-yard ; I employed John Stubley to watch them, who came the 20th of September and told me he had taken a man with some lead upon him there. I went and saw the prisoner and lead, with the constable; the prisoner begged I'd let him go, and not prosecute him.

John Stubley . I was watchman at the Steel Yard. About the fifth of September, in the afternoon. I saw the prisoner come down a ladder that the bricklayers had been using, which stood against the warehouse. When he came to the bottom of the ladder, I asked him what business he had there? He said he had been employed by Mr. Mails, the bricklayer. Said I, What have you under your arm? He said, Only a little piece of lead. I got a constable and secured him. The lead produced in court, 31 inches long, and 14 wide.

Joseph Hunter . I am constable. The last evidence gave me charge of the prisoner; I secured him, went up upon the warehouse, and found a place where a piece of lead had been newly taken off from a hip; and according to the measure, the lead fitted the place exactly. It had been nail'd on with nails, which were forced out.

Guilty 10 d .

[Whipping. See summary.]

Susannah Higgs.
26th October 1752
Reference Numbert17521026-2

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501. (M) Susannah Higgs , spinster , was indicted for stealing one velvet cloak, val. 15 s. one muslin cap laced, val. 2 s. the goods of Samuel Terry , April 30 . ++ Guilty .

[Transportation. See summary.]

Edward James.
26th October 1752
Reference Numbert17521026-3

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502. (M.) Edward James was indicted for stealing six books, val. 4 s. the goods of John Noble , Aug. 29 . *

John Noble. I am a bookseller , and live in St. Martin's Court . He produced four books. I lost these out of my shop at divers times; the prisoner was my servant at the time. I found the books at the shop of Mr. Huson, in Maiden Lane; who

told me he had them of one Ann Brown , now in court. I took up the prisoner, and he confessed he stole them from me, and also 22 others.

Thomas Huson . I am a bookseller at the Cicero's Head. Ann Brown brought these books to me Aug. 29. She had brought some others the 24th, and I gave her twenty shillings and sixpence for the whole; she said she was employed to sell them for an honest man. After the prisoner was taken up, I heard him confess before Mr. Noble all the books were Mr. Noble's property, before the justice.

Ann Brown . I had all the books which I sold to Mr. Huson, of the prisoner at the bar. He said they were his own; but when they were found out, he said they were his master, Mr. Noble's books.


She knows I stole them from my master.

G uilty .

[Transportation. See summary.]

Eleanor Froude.
26th October 1752
Reference Numbert17521026-4
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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503. (M.) Eleanor Froude , spinster , was indicted for stealing 3 s. 6 d. the property of Alexander Davidson , Oct. 4 . *

Mary Davidson. I am wife to Alexander. The prisoner lodged at our house in Bell Yard, King Street, Westminster . On the 4th of October, out of 9s. 6d. in the shop, I going out into the passage for three or four minutes, miss'd 3s. 6d. as soon as I came in, which was a half crown and a shilling. The prisoner had told me before in the morning she had not a farthing in the world. When I took her up, she was for breaking out at the window. Before the constable came, when I went to search her, she said she had no money about her. As she was struggling to get out at the window, her pocket came off, Mr. Wright pick'd it up, and shook out of it a half crown and a shilling.

John Wright . I lodge in the prosecutor's house. My landlady was in the passage, and I was in the shop; the prisoner came in, my landlady came in and told her money, and missing 3 s. 6 d. she accused the prisoner with taking it. The rest as the former witness.

Prisoner's Defence.

They took this money from me, and a half-penny. I was forced to jump out at the window, for she swore she would murder me.

Q. to Wright. Did you find a halfpenny besides the 3 s. 6 d.?

Wright. I did.

Mary Davidson said the same. Guilty 10 d .

[Whipping. See summary.]

John Evans.
26th October 1752
Reference Numbert17521026-5
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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504. (M.) John Evans was indicted for stealing 3 s. 6 d. in money , the money of Benjamin Anderson , Oct. 14 . *

Benj. Anderton. I live in St. John's Street . On the 14th of October I lost 3 s. 6 d. out of my till in my kitchen. The prisoner is an apprentice to one Franklin, a watchmaker in my house. I took him up on suspicion the day after, when he confessed before me and two others, that he took it to pay for a periwig. He left in the same till three guineas, four shillings and twopence farthing.

John Anderson . I am brother to the prosecutor, and was by when the prisoner confess'd he robb'd my brother of 3 s. 6 d out of his till, as we were going to the justice, and also there.

William Boyce . I heard the prisoner confess the same, being in company at the time.

The prisoner said nothing in his defence.

To his character.

Edward Parrey . I have known him ever since he was a baby to have a good character, till this fact

Robert Jones . I have known him eight or nine years. I never heard any ill of him before.

Thomas Munford . I have known him about eight years; he always had a very good character.

Richard Austin . I have known him about four years, but never heard any thing ill of him before this.

Peter Morris . I have known him five or six years, and know nothing of him but honesty; he has been often at my house, and I never missed any thing after.

Guilty 10 d .

[Whipping. See summary.]

Jenkin Davis.
26th October 1752
Reference Numbert17521026-6
VerdictNot Guilty > no prosecutor

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505. Jenkin Davis was indicted for stealing 3 l. 5 s in money , the money of Richard Mould , Sept. 27

The prosecutor did not appear. Acq .

Margaret King.
26th October 1752
Reference Numbert17521026-7

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506. (M.) Margaret King , spinster , was indicted for stealing one pair of stays, val. 44 s. one callico petticoat, val. 30 s, one Holland shift, val. 21 s. two Holland mobs, val. 5 s. two muslin handkerchiefs, val. 12 s. one silk handkerchief, val. 5 s. the goods of Mary Cole , spinster , Oct. 8 . *

Mary Cole. I live at the Greyhound inn, Drury Lane . The prisoner came and asked me for a lodging; I let her have a bed. After she was gone, the next day, which was the ninth of October, I missed the things mentioned in the indictment out of my room.

Q. Did you know her before?

Mary Cole . No, I did not. I found her by inquiring about, at a barber's shop, the woman had got my shift in a wash tub, the prisoner waiting till it was washed. I charged the prisoner with taking the things, and she confess'd taking them all but the handkerchiefs. She told me she had sold the stays for 13 s. she had my petticoat on. That produced in court, and deposed to.

Prisoner's Defence.

I lay at the Greyhound Inn, Drury Lane, up two pair of stairs, along with a man; these things were given me there. I have lain there a great many times; it is a bawdy house.

Guilty .

[Transportation. See summary.]

Samuel Jolley.
26th October 1752
Reference Numbert17521026-8
VerdictGuilty > theft under 40s

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507. (M.) Samuel Jolley was indicted for stealing two guineas, the property of Thomas Goad , in the dwelling house of the said Thomas , Sept. 27 . *

Elizabeth Goad. I live at the Grange Inn, Carey Street ; my husband's name is Thomas. On the 26th of September, I put six 36 s. pieces, two guineas, and some silver, into a bag, and put it into a drawer in the bar. I missed the two guineas the next day. The prisoner was recommended to us as an object of charity; we took him in about three weeks before, and he had done a little fault or two before. He was out of the way, I sent a man after him. He was brought back the Friday following; we searched him and found no money upon him. He owned he had given the money to a chairman who was with him when he was taken, and said he found one of the guineas in the sand; after that he confessed taking both. Part of the money was gone; I had a guinea, half a crown, a shilling, and four halfpence, from the chairman.

Prisoner. I have neither father nor mother, and am not quite thirteen years old. Guilty 39 s .

[Transportation. See summary.]

Hannah Reed.
26th October 1752
Reference Numbert17521026-9
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

Related Material

508. (M.) Hannah Reed , widow , was indicted for stealing one cloth coat, val. 16 s. the property of George Hawkins , Sept. 2l * Guilty 10 d .

[Whipping. See summary.]

Mary Jones, Ann Dallison.
26th October 1752
Reference Numbert17521026-10
VerdictNot Guilty; Guilty > theft under 1s
SentenceCorporal > whipping

Related Material

509, 510. (M.) Mary Jones , otherwise Merrit , spinster , and Ann Dallison , spinster , were indicted for stealing one linen shirt, val. 1 s. two stuff petticoats, one pair of stays, and one stuff gown , the goods of John Rickards , Aug. 23 . +

John Rickards . I live in Three Fox Court, Charterhouse Lane . My business is to look after horses, and work in stables . The lock of my room door was broke; we put it ajar when we went to bed, Aug. 22, and in the morning, when I awoke, I saw it standing open. I took no further notice, but went to my business. When I returned my wife had miss'd the things mentioned from off the bed, and was obliged to sit in only her flats for two days. Was not this a barbarous action? About seven or eight days after, I met with Poll Merrit, and Ann Dallison . Said Merrit, Will you not speak to me? Said the other, How do you do? There was another with them; they passed on; then I thought Poll Merrit had my wife's gown on New I am come to the touchstone. I said to my wife, when I came home, If ever I saw your gown, I saw it on Poll Merrit's back. I looked for them several nights after, and could not see them. But now, Sir, I come again. I heard Ann Dallison sing in a chamber, when I was cleaning my master's stable. I threw a bit of wood in; she said, Who is that? I said it is I. Where is Poll Merrit, said I? She is here, said she. Bid her look out of the door, said I. She did. I said, I'll come up and give you some beer; but I did not. Then I went to my wife, and told her I believed I should find her cloaths, and said, If I come back again, I don't find them; but if I stay, depend upon it I am there. Then I went to them, and said, I am come to give you a dram; then my wife came up, and said, What must you and I have this discontent for? What do you do here? Poll Merrit had my wife's gown on her back, one of my wife's petticoats on, and my shirt made into an apron; the other had the other petticoat on. Ann Dallison told me she had pawned the stays: After I had served the warrant. Poll said she did not commit the robbery, Nan Dallison did it, and seemed surprized. Nan Dallison ran down St. John's Street, but the constable took her again. Going up Holbourn, Dallison told me she had been upon the ramble, and saw the watchman talk to some people in Long Lane, she came and saw my door open, and took the things mentioned from the foot of the bed. Merrit said the other gave her the things she had on. They had nothing to cover their nakedness before.

Ann Rickards . I am just married to John Rickards , and never saw the two prisoners before they were taken. I lost the things mentioned. She confirmed the testimony of her husband.

Merrit's Defence.

The night before these things were taken, Ann Dallison and I were walking down Long Lane. We met Mr. Rickards; he asked us why we did

not come to see him, and said, I don't know but I have something that will make you tight; my wife that I now live with, is a drunken creature, I wan t to get rid of her. On the Sunday Dallison brought these things to me, and said she had them of an uncle and aunt in Long Lane; she gave me the old gown and petticoat. I happened to be in Charterhouse Lane, looking out at a window, and saw Mr. Rickards; Ann Dallison asked if he'd come up, and give her a dram. He came the next day, and his wife came. Ann Dallison cleared me then.

Dallison's Defence.

Mr. Rickards met me and this woman together in Long Lane. He asked me to go and drink a dram; I said no. He asked me what made me go in that manner; if I would come he would give me something; I did not know he was married. He had often attempted to make me be concern'd with him, but I never would; he was in a very bad condition with the soul disease. At last I went and drank with him; then I went home with him; there he bid me take the things. Then he said they were his wife's, and she was one of the drunkenest things in the world; and said, if Poll Merrit or you will come and live with me, I shall be happy.

Prosecutor. This is a false story. I never kissed her lips, or touched her hand in my life. She did once live over my room, but she had a husband. I have admitted her into my room, she has made my bed, and I have given her a dram, that is all.

Merrit acquitted , Dallison guilty 10 d .

[Whipping. See summary.]

Susannah Bedford.
26th October 1752
Reference Numbert17521026-11
VerdictNot Guilty

Related Material

511. (M.) Susannah Bedford , widow , was indicted for stealing one wicker basket, value 4 d. 24 pounds weight of eels, val. 2 s. and one wooden salmon kit, value 1 penny , the goods of Elizabeth Taylor , widow , Sep. 26 + Acquitted .

Elizabeth Ash.
26th October 1752
Reference Numbert17521026-12

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512. (M.) Elizabeth, wife of Robert Ash , was indicted for stealing two linen shirts, val. 12 s. the goods of John Bedford , one muslin neckcloth, the property of Alice Merideth , one muslin neckcloth , the property of Robert Bridge , Sept. 25 . ++

Sarah Beckford is a washerwoman, and lives behind the Rummer tavern Chancery-lane ; the prisoner worked for her, and the goods mentioned were lost at divers times. She was suspected and taken up, after, which she confessed the whole, and by her direction the goods were found at some pawnbrokers. Guilty .

[Transportation. See summary.]

Richard Walker.
26th October 1752
Reference Numbert17521026-13

Related Material

513. (M.) Richard Walker , was indicted for stealing two silver spoons, val. 2 s. one velvet cloak, val. 5 s. the goods of Richard Oakman , October 11 ++.

Guilty .

[Transportation. See summary.]

Mary Boyle.
26th October 1752
Reference Numbert17521026-14

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514. (L.) Mary Boyle , widow , was indicted for stealing one silver spoon, val. 8 s. the property of John Sparks , October 19 ++.

John Sparks . I keep the Baptist head in the Old Bailey . I saw this spoon in my house on Wednesday or Thursday, the nineteenth of Oct. I can only swear it is my property. The prisoner used to come to my house sometimes for a pint of beer, or a dram.

Michael Chapman . Coming along Threadneedle-street, this day seven-night, I saw the prisoner in a dirty condition and in liquor. She took a silver spoon out of her bosom to look at and put it in again. I thought by the condition she appeared in it was not honestly come by. Mr. Gardner came by, he saw her, and spoke to Mr. Frost; then I went to her and said, you must give an account how you came by that spoon. She said, she wanted to go to some private place, and taking her by 'Squire Gore's gateway, she said, she must go up there. She went up, I stood at the gateway; there I saw her in such a position that I concluded the spoon was no more in her bosom, and told them where I thought she had concealed it. They took her to the constable's house, I told him his wife or daughter must search her, for it was out of my power to find it. Then he took her by the arms and shook her, and the spoon dropped down on the ground, and she at the same time made use of a very indecent expression.

Q. Are you sure the spoon dropped from her?

Chapman. I am sure, and it was in such a condition that it plainly appeared from whence it came. She then said she found it in Newgate-street. After that she told the constable, if he would not ask her name, and would let her go, she would tell whose it was; then she was taken before my Lord Mayor. I advertised the spoon, and the next day coming to Mr. Frost's, there was the prosecutor. This is the spoon that is produced.

Q. from the Prisoner. Where did you see me?

Chapman. I first saw her in Threadneedle-street, but took her in Bishopsgate-street.

Mr. Frost. Standing at my door last Thursday in the afternoon, in Bishopsgate-street, Mr. Gardner and the last witness came up to my door and told me, they believed a woman was gone by that had stolen a spoon. I said, if you suspect that, it is very proper she should be taken up. Chapman went and stoped her, and desired her to deliver up the spoon, or give an account how she came by it.

He brought her back. She went into 'Squire Gore's gateway, and he kept by the door way to prevent any people from going in. Then he brought her to my house, and we took her into my back-kitchin. He said, it is in vain for you to look for the spoon, for you will not be able to find it; your wife, maid, or daughter, must search her. Then she wanted to go backwards. I took hold on her and shook her, and this spoon dropped from her in a very indecent condition. I took it up. It fell just between her legs.

Thomas Newcome . I am servant to Mr. Sparks. I have seen the prisoner several times at our house. We missed the spoon last Wednesday was seven-night.

Q. Was she there that day?

Newcome. She was, two or three times.

Q. from the Prisoner. What time did you see me there that day?

Newcome. I saw her there about three o'clock in the afternoon.

Prisoner's Defence.

I found the spoon in a piece of brown paper in Newgate-street. I was going along Bishopsgate-street, so I took it out to read the mark and they stopped me.

Guilty .

[Transportation. See summary.]

John Miles.
26th October 1752
Reference Numbert17521026-15
VerdictNot Guilty

Related Material

515. (L.) John Miles , was indicted for stealing one sattin waistcoat, val. 30 s. two linen waistcoats, one pair of breeches, three linen shirts, two neckcloths, one silk handkerchief, one linen handkerchief , the goods of Robert Black , August 5 ++.

Robert Black . My lodging is at the house of Mrs. Elington, Middle-street Cloth-fair . On the fifth of August I went home about ten o'clock at night, my landlady told me she had taken in a lodger but did not very well like him, because she had sent for his character, as he directed, and could hear nothing about him. He was then in bed in my room. I had three shirts in a handkerchief, which I brought home from the washerwoman's. I carried them up with me to bed, then unlocked my chest and put them in, and went to look for my night cap but could not find it, so tied a handkerchief about my head. When I got up in the morning Charles Malphus was in bed with the new lodger, for I cannot swear it is the prisoner, seeing but little of him. Malphus said, here is the cap you was inquiring after last night in our bed; the stranger lay bald headed. I went to work, and about seven or eight o'clock a messenger came and told me my chest was open. I went with him and found it was broke open, and the things mentioned in the indictment taken away. Mentioning them by name.

Q. Are you sure you locked it after you put your things in it over night?

Black. I am certain I did. I advertised the things, and about a month ago the prisoner was taken up for another robbery and committed. I had intelligence of it and went where he was.

Q. Have you got your things again?

Black. No, my lord, I never heard of them since.

Anne Elington . The prisoner is the man that came and took the lodging of me, and lay in my house the night Mr. Black was rob'd When he gave me the shilling he put it so quick into my hand that gave me some surprise. I asked him where I might have a character of him, he said at the Bell in Gray's-Inn Lane, and that his name was John Morris . I sent, but the people knew nothing of such a person. I observed the next morning when the prisoner went out that he had a large check'd handkerchief in his left hand with a little bundle in it.

Q. Did you speak to him then?

A. Elington. No, nor he to me. When he came he brought nothing but a roll of paper, and said he was a writer to a lawyer.

Q. Did he ever return?

A. Elington. No. He left an old neckcloth behind him in the bed.

Q. to Black. Was that a check'd handkerchief your things were brought home in?

Black. I cannot tell whether it was or not.

Charles Malphus . I lay with the prisoner that night, and left him in bed at about a quarter of an hour after six o'clock.

Q. Did you see Black lock his chest over night?

Malphus. I saw him unlock it, and I think he lock'd it, but am not sure.

Prisoner's Defence.

I went out that morning down to Blackwall, having heard my brother was come from the Indies, and staid there five days. Then we came into Shoreditch, I had four or five and twenty shillings in my pocket, and there I spent it. I was taken up upon suspicion by people that had read the advertisement.

To his Character.

Jane Coulson . I live in Newstreet Shoe-lane, my husband is a shoemaker. The prisoner has been

in my house seven years, and seven years to that, and I never knew he wronged me of a pin's point.

Eady Price. I have known the prisoner five or six years. I never knew him for any harm.

Q. What is his employment?

E. Price. I cannot say what. He goes to market and sells greens.

Q. Where does he live?

E. Price. In Shoe lane.

Jane Crofts . I have known him three or four years.

Q. What is his business?

J Crofts. He was apprentice to a lighterman. As far as I understand he belongs to the water, and has been at sea. I never knew him but just and honest.

Susanna Carter . I have known him five years. I live in Shoe lane, and he lives next door to me.

Q. At whose house?

S. Carter. I have forgot his landlady's name. I know he is a very honest lad

Q. What business does he follow for a livelyhood?

S. Carter. He is a fisherman by trade.

Patrick Harwood . I have known him above twenty years, he is very honest.

Q. What is his business?

Harwood. I understand him to be a fisherman . he went to sea after he was out of his time.

Q. Have you known him lately?

Harwood. I cannot say I know any thing of him for four or five years past.

Acquitted .

Carrol Phenix.
26th October 1752
Reference Numbert17521026-16

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516. (L.) Carrol Phenix was indicted for stealing one linen handkerchief, val. 6 d. the property of Hezekiah Senecal , Sept. 22 ++

Hezekiah Senecal. On the 22d of September, as I was coming along Ludgate Hill , between two and three in the afternoon, I stood to look at a picture shop. The prisoner came and stood close by me. By the time I had been there two minutes I saw a handkerchief like mine hang below the prisoner's coat. I felt and miss'd mine ; I had wiped my nose but about four or five minutes before. Then I took hold on the prisoner and said, You rascal, you have picked my pocket of my handkerchief: he said, No indeed, nor I, then he shifted the handkerchief from one side to the other under his coat, and ran up to a post where a man stood, and dropped it; he then held out his hands, and said, You see I have never a handkerchief.

Q. Did you see him drop it?

Senecal. I did; I took it up, and took hold of him again. The mob gathered together, and said, Duck him. I said he should not be ducked, but should be carried before a magistrate. The handkerchief produced in court, and deposed to.

Samuel Hudson . I was standing at my father's door. He is an oilman on Ludgate Hill. At this time I saw the prosecutor take hold of the prisoner at the bar, and say. You picked my pocket of my handkerchief. I saw a handkerchief under the prisoner's coat; a good piece of it hung down.

Q. What colour was it?

Hudson. It was a blue one. I saw a fellow at a post. The prisoner slipped the handkerchief on the other side and got near the post, seeming as if he in ended to give it to the man that stood there: it fell down, the prosecutor took it up, and secured him.

William I obick, a person going by at the time, confirmed the account before given.

Prisoner's Defence.

I was going of an errand for my mother. Coming towards Ludgate, I stopped to see a picture shop; a gentleman took me up, and said. A thief, a thief! He has picked my pocket. Said I, I am sure I have not. He shuffled round me. There was a handkerchief lay on the ground. Then they lugged me away. Guilty .

[Transportation. See summary.]

Thomas Bulwinkle.
26th October 1752
Reference Numbert17521026-17

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517 (L.) Thomas Bulwinkle was indicted for stealing two linen shirts, val. 5 s. the goods of John Franks Oct. 15 . *

John Franks. I live in St. Sepulchre's parish , and missed two shirts the beginning of September, I found one of them the fifteenth of October on the prisoner's back. Produced in court, and deposed to. I never found the other The prisoner confessed taking them, and carried me to the place where he said he sold the other, and that he sold it for half a crown.

The prisoner had nothing to say. Guilty .

[Transportation. See summary.]

John Simon.
26th October 1752
Reference Numbert17521026-18

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518. (M.) John Simon was indicted for stealing one pair of silver buckles, val. 5 s. one guinea. and 5 s in money, privately and secretly from the person of Thomas Grear , his property, Oct. 19 . *

Thomas Grear. The prisoner came into the Six Bells at Kensington , where I was drinking, about two o'clock in the morning, the nineteenth of October. He complained he was dry and cold, I ordered

him a pint of beer. He is a soldier . Another soldier came after him; they wanted a quartern of gin, I ordered them a quartern. I had part of a bowl of punch before me, and said to them. Take and drink it, it is paid for; so I went out at the door, and sat down on a bench to sleep.

Q. Was you sober?

Grear. I was a little in liquor, but more distracted in mind than drunk.

Q. What about?

Grear. Because my wife and I had had some words. I was awaked by something busy about my shoes; I got up in a sort of amaze, but saw nobody, and found my silver buckles were taken out of my shoes. I felt in my pockets and found them cut, and a guinea and 5 s. 6 d. in money gone. Then I came into that house again; the landlord and I went to Mr. Newbolt's, and coming back, there was the prisoner drinking a pint of purl with another soldier. I said, That is the man that I believe has robbed me. They search'd him, and found my silver buckles in his bag that he carries his things in. Produced in court, and deposed to. The prisoner delivered a guinea to the constable in the watchhouse, and said it was mine, that he had robbed me, and was sorry for it, but begged that I'd not take his life away. The guinea produced in court. He said he had distributed the 5 s. 6 d. among the rest of his comrades, one of whom got a hundred lashes for it yesterday.

Q. Where was he when he confessed this?

Grear. It was in the watch-house.

Q. from prisoner. Whereabouts was you when these things were taken from you?

Grear. It was four doors from the alehouse where we had the liquor.

Q. from prisoner. What time of the night?

Grear. It was not half an hour over or under two o'clock.

Q. from prisoner. What time did you see me first of all?

Grear. A little after twelve o'clock. I was going from my own house, and met with him just by the corner of the King's Arms alehouse, going up to the parade at Kensington. I gave him one pot of beer then, taking but one draught of it, and left him there.

John Dale . I keep the Six Bells at Kensington. The prosecutor, a watchman, and two soldiers, came together to my house about one o'clock the nineteenth of October, in the morning. They called me up, saying they wanted some liquor.

Q. Was the prisoner one of the soldiers that came in at that time?

Dale. No, he was not. The prosecutor treated them with a pint of beer and a dram, and had a pint of beer himself; after that he called for a shilling bowl of punch. After that he call'd for another; I had not made that long before in came the prisoner. The prosecutor made him and me drink each a little of that; he sat a little time, considering as it were, seeming very much vex'd; he went out, and gave the remainder of the punch to Simon the prisoner, who, I believe, sat half an hour in my house after the prosecutor was gone out. I remember he asked me, whether the prosecutor had changed a guinea to pay for the punch? I told him he had not. There were some other people came in, and Simon went out about half an hour after two. The Newbury coach stopp'd at three at my house; about half an hour after in came the prosecutor, and said, I have been robbed. I asked him, what company he had been in last night ? He said, he had been with the prisoner and two others at the centry box, and at the King's Arms. Then I desired him to go to the guard, and secure them. I called up my wife rather sooner than ordinary, and went with him to Mr. Newbolt's house, the constable; coming back, who should be in my house but the prisoner and another soldier; then the prosecutor pointed to the prisoner, and said, There is the man. The constable searched him, and I saw him take these silver buckles out of his cartouch box. He said the other man had the guinea; but when he was taken in charge, he himself pulled it out and gave it to the constable, confessing that he himself stole it from the prosecutor, and the buckles too, and desired he'd be merciful to him. This is the guinea produced which he gave to the constable.

John Newbolt . I am constable. Last Thursday morning, about five o'clock, the prosecutor and last evidence called me out of my bed. I went with them to Mr. Dale's house, and the prosecutor gave me charge of the prisoner there. I searched him, and found these buckles in the thing that he carries his cartridges in. I put him into the round house, and went into the guard house to see the faces of the other soldiers, as the prisoner had said there was another man along with him when he robbed the prosecutor, who had part of the money. I brought that man to Mr. Dale's house; then the prisoner began to be sorry, and said, if he'd be merciful he'd give him the guinea again, and pulled it out of the waistband of his breeches; he gave it to me, and owned that he had taken it, and that he had given thirteen pence of the money to the other soldiers.

The prisoner had nothing to say.

To his character.

Edward Parker . I have known him five years, and have trusted him to carry out beer, money, and other things; he is as honest a man, when he is sober, as any in the world.

George Viner . I have known him upwards of four years; he bore a very good character during that time.

Henry Simpson . I have known him almost three years; I never heard but a good character of him.

William Mathews . I have known him going on with three years. He is a very honest, industrious, sober man, who loves to work hard for his bread.

William Parkin . I have known him upwards of two years; in which time he behaved like an honest man. His wife was servant to me a year and half, in which time he used to come twice or thrice a week; he always behaved well and sober.

Robert Haines . I have known him two years, but never heard any ill of him, only sometimes getting in liquor.

Robert Sneath . I am groom to Sir Robert Levelon Gower. I have known him five years, and never heard any ill of him.

Benjamin Stroud . I have known him three years, and never heard but he was an honest man.

George Crew . I have known him a year and half, have tried him in several things, and always found him honest.

Guilty Death .

Honor Furness.
26th October 1752
Reference Numbert17521026-19
VerdictNot Guilty

Related Material

519. Honor Furness , otherwise Geary , spinster , was indicted for stealing one gold watch, with a chrystal seal set in gold, val. 9 l. the property of Peter Brown , privately from his person , Sept. 1 . +

Peter Brown . On the first of September, coming from the city to my home in King Street, St. Ann's, I was met with by the prisoner, about eleven o'clock at night, after I had pass'd Temple Bar. She picked me up, and carried me to the George alehouse, between St. Clement's Church and Temple Bar , one Edward Black master of it. We had some liquor, and after I had been in her company about half an hour, I miss'd my watch.

Q. When had you it last?

Brown. I felt it in my fob about two minutes before she picked me up.

Q. Was you sober?

Brown. I was in liquor; but knew very well what I did. I charged her with picking my pocket of it, and made a great deal of noise.

Q. Was you in a publick room?

Brown. No; we were in a room by ourselves. The landlord came in, I told him I had been robbed of a gold watch, and desired him to call a watchman. He said he would not; then came in a little woman, who undressed the prisoner quite to her smock; there was nothing found upon her. I was talking to the landlord, and calling, Watchman, very loud; then the prisoner slipped away. I then said to the landlord, You are a very pretty fellow. He took me by the collar, and pushed me out at the door, and shut it to. Then I called, Watch; the watchman came, I told him I had been robbed at that house, and asked him if he could not get it open? He said, he could not. I said, my cane was on the inside. Mr. Black open'd the wicket, and said, You have not paid your reckoning. I said, Let me in, and I'll pay it. He pushed my cane through, I took it, and went home. The next morning I came there again, and saw Mr. Black sweeping his door. He wanted me to come in. I said, No, I am sober now, I will not. I advertised my watch, four guineas reward, and after that at five guineas. Then there came a porter to the place where it was to be brought, who said he knew of the watch. He produces a gold watch. This is my watch.

Q. How came you by it?

Brown. It was brought before Justice Fielding, by William Hammon .

Q. Are you a married man?

Brown. I am, but she picked me up.

Q. from prisoner. Ask him whether he did not give me that watch?

Brown. No, I did not.

Q. from prisoner. Are not you father to this child, and another that I carry. Holding a child about two years old in her arms.

Brown. I never saw the prisoner before that night.

Q. from prisoner. Did not you come to my lodgings, and fetch me from thence to the George?

Brown. She picked me up in the street. I never saw her before.

Thomas Murphet . I am servant to Mrs. Bibby, a pawnbroker in Stanhope Street. The prisoner brought a gold watch, something like this. I can't swear this is it. I delivered it to Thomas Bibby, my fellow servant.

Q. Was it advertised then?

Murphet. No, it was not.

Q. Was it not advertised before you parted with it out of your shop?

Murphet. I did not know that it was.

Q. What did you lend upon it?

Murphet. I lent six guineas upon it.

Q. What is it worth?

Murphet. I don't know.

Q. Is it worth ten pounds?

Murphet. I don't know the value of it.

Q. How do you know how to lend your money upon goods if you don't know the value of them ?

Murphet. Thomas Bibby lent the money.

Q. Was it delivered to him on purpose to have it sold, or parted with, there having been some rumour of its being a stolen watch?

Murphet. She said she brought it from a gentleman.

Q. Who paid the money again?

Murphet. I don't know.

Q. Did you know the prisoner before?

Murphet. We did; she once before brought a gold watch, and a gentleman and she had it out again.

Q. What is her employment?

Murphet. I don't know that.

Q. What sort of a gentleman was that who came with her?

Murphet. I can't say what sort of a gentleman he was.

Q. What have you dealt with her before for?

Murphet. We have for small things.

Thomas Bibby . I am servant to my sister-in-law. Her name is Bibby. The prisoner pawned this watch at our shop.

Q. Was it advertised when you took it in?

Bibby. There was a watch advertised the day after which was made at Paris; but it did not answer to this, because there was no seal to this.

Q. Was this made at Paris?

Bibby. It was.

Q. Did she fetch it away, or did you go to her with it, after you read the advertisement?

Bibby. I went to her, and asked her how she got it; she said, she came by it very honestly.

Q. Did the advertisement lead you to go to her?

Bibby. It did.

Q. How came you not to send for the person that advertised it, instead of going to the prisoner, that he might give proper descriptions of it?

Bibby. I did not think it to be the same, upon account of the hour hand not being described. I told her of the advertisement. She said, it was quite a false, and that she had it of a gentleman whom she knew very well.

Q. Did you think she came honestly by it?

Bibby. I did.

Q. Who paid you the money back for it?

Bibby. I went with her into the city to a gentleman who is here in court.

Q. How came you to go with her, to have it replaced from your shop into the hands of another ?

Bibby. She said, rather than we should be any way fearful, she had a friend in the city would lend her the money.

Q. Did you know what business she was of?

Bibby. I did not.

Q. Did you carry the other watch you speak of back to her for her to redeem it?

Bibby. No.

Q. Did she fetch it in three or four days?

Bibby. I believe she did.

John Oakley . I am clerk to a factory in Ironmonger Lane, at Mr. Shepherd's. The prisoner and Mr. Bibby came on the fourteenth of September, about one o'clock to the Angel, and sent for me; they were up one pair of stairs. I went, the prisoner told me she had an execution against her for a small debt, which she imagined to be done in spite by some of her neighbours, and this person that was with her had passed his word for her safe return, as she told him she could borrow the money. She said the debt was six guineas. She seem'd very much distressed, and said, if I would lend her the money for three or four days, she should be bound to pray for me, and would leave this gold watch for it. She said, the person had not the money himself, or he would advance it for her.

Q. Was Bibby in company at this time?

Oakley. He was.

Q. Did he say this watch was pawned to him, and he came in order to get his money?

Oakley. No, not a word of that. I understood this watch was brought to me to be pledged as the first time. I lent her six guineas, and had the watch.

Q. Who did you deliver the money to?

Oakley. I delivered it to her; Bibby had the watch. She took that from him, and gave it to me, and gave him the money. Then I call'd up the landlord to be a witness, saying to him, upon the payment of so much money, I am to deliver this watch back. This was on Thursday. On the Monday following she came to the same house in the evening, to pay me the money, and but a few hours before that a person had shewed me the paper with the advertisement, and said he was directed by some people to Ironmonger Lane. He said he understood it was, not honestly come by. I ask'd what must be done in the case? He said, your best way

will be to deliver it up quietly; then he said he would go to the person that employed him, and come again to me; in the mean time she came, and paid me the money that I had lent her. I told her what had happened, she replied it was only a sudge, adding, if I was in fear, I might keep it till she came again; so I kept it for my own security.

Q. Is this the same watch?

Oakley. It is. Upon finding she was apprehended afterwards, I inquired of an attorney what I must do, and he said my best way would be to deliver it up; so I delivered it to Mr. Hammond, the master of the house, where she sent for me, and the attorney, and desired us to carry it to the justice, and deliver it up.

William Hammond . I keep the Angel in Ironmonger-Lane, and remember the prisoner, and Thomas Bibby , coming to my house on the 15th of September; she came the 14th, and asked for Mr. Oakley, I was called up, and Mr. Oakley said, Look here, I am to return the watch upon receiving six guineas ; afterwards I carried it to Justice Fielding's.

Q. Is this the same that is here produced?

Hammond. I really believe it is; the hour and minute hands were gold, and Paris was at the bottom of the plate.

Prisoner's Defence.

I don't deny but that I had the watch of the prosecutor; he gave it me. I had broke my leg and arm by a fall from a horse, and having two children, he was so kind, one day, as to call at my lodgings. I was not able to stir out of my bed, and was obliged to sell my bed, and pawn all my clothes. He told me he had no money, but he gave me the watch to pawn for three guineas; I took it, and pawned it for six, at which he was very angry, and would not take it out. I told him I would let him have the three guineas again, when my child's father came to town, but he would not agree to fetch it out. The watch was advertised, and Mr. Bibby brought it to me; then I went to Mr. Oakley, and he lent me the money, and I got the money for it again. That very night the prosecutor brought me from my lodgings up as far as the George; I asked him how far he was going to carry me, and said he might as well go to the Fountain Tavern; and he brought me into the top room. I believe he was a little in liquor. He then said, I miss my watch; I replied, Don't go to take any advantage of one you have known so long, you know you gave me the watch. He insisted upon having the watchman called, I was searched, and nothing found upon me; then he would not pay his reckoning, and the man shoved him and I out of doors; I said, Mr. Brown, you had better go home. I went home, and left him there, and was very uneasy about it, but never saw him after that till before Justice Fielding. In our unhappy way of life, it is very seldom we have witnesses by when we take money, and the like.

Prosecutor. Upon my oath I never was with her in any place, or saw her, before that night I lost my watch. Acquitted .

Dorothy Trenter, Edward Trenter.
26th October 1752
Reference Numbert17521026-20
VerdictGuilty; Not Guilty

Related Material

520, 521. (M.) Edward Trenter , and Dorothy his wife , were indicted for stealing one pair of linnen sheets, value 4 s. being in a certain lodging let by contract, &c . the goods of Henry Steel , September 14 . ++. Edward guilty , Dorothy acquitted .

[Transportation. See summary.]

Jane Richens, Elizabeth Little.
26th October 1752
Reference Numbert17521026-21
VerdictGuilty > lesser offence

Related Material

522, 523. (M.) Jane Richens , and Elizabeth Little , spinsters , were indicted, for that they, on the 23d of September , about the hour of one in the night, the dwelling-house of Drury Otley , Esq; did break and enter, one cambrick apron, three muslin caps, two cambrick handkerchiefs, the goods of Alice Otley , spinster ; one laced muslin cap, two plain muslin caps, one Holland shift ruffled, one large muslin handkerchief, one other muslin handkerchief, the goods of Lydia Otley , spinster ; one pair of silk stockings, two cambrick handkerchiefs, the goods of Elizabeth Otley , spinster ; two pair of thread stockings, with other things, the goods of Margaret Wade , spinster ; two linnen caps, the goods of Anne Osbourne ; three pair of muslin ruffles, the goods of Susanna Harwood , in the dwelling-house of the said Drury, did steal, take, and carry away .

Anne Osbourne . I am servant to Drury Otley. Esq; On the 23d of september I was up ironing in the laundry over the kitchen, adjoining to the dwelling-house. I went to bed about twelve, and left the goods, mentioned in the indictment, in the laundry; some hanging up to dry on the horse. The sashes were down, but the shutters not done up. The door opens into a passage. The window that the thief got in at is in the servants hall, then through the kitchen, and through the scullery; then up stairs, and through the passage into the laundry. I came down stairs about eight o' clock, then Margaret Wade went up into the laundry, and missed the things.

Margaret Wade . I am servant to Mr. Otley. I was in the laundry between ten and eleven o'clock that night, and saw the things mentioned there; about eight the next morning I went there again, and they were all taken away.

Thomas Starter . I am constable. On a Sunday morning, the latter end of September, about ten in the morning, I was sent for to 'Squire Otley's, and told of this robbery: in the evening I heard there were two people at Hounslow had some of these aprons and handkerchiefs on; I went there, and found the two prisoners in Hesson cage, with another woman and a man, as also the best part of the things about them. I found one of the handkerchiefs about Little's neck, and one or two in her pocket, and an apron on: Richens had one handkerchief about her neck, and a pair of shoes and stockings. There were two aprons, and a red cloak in the man's pocket. I found also a shift pawned at Hounslow for a shilling. This man swore before Justice Burkhead, he took the things he had in his pocket from Little.

[Produced in court, all but the shoes and stockings, which they did not take from Richens, and deposed to by Anne Osbourne , as part of the goods lost, and mentioned in the indictment, mentioning whose property. &c.]

Susanna Harwood . I am servant to Mr. Otley; all the windows and doors were fastened that night by me about twelve o'clock. The window that the thieves got in at is in the servants hall; I am sure no pane was then broke in it, but in the morning I found a pane broke.

Q. Did you see it first in the morning?

S. Harwood. No, our coachman did, but he is not here.

Richens's Defence.

That girl [meaning Little] came down to me on that Sunday morning, and bid me put on one of these handkerchiefs, an apron, and a cap.

Little's Defence.

As I came from work on Saturday night, a black man, servant to the gentleman, gave me these things.

Both guilty of felony only .

For Richens, see her trial, Numb. 119, in Alderman Winterbottom's Mayoralty.

[Transportation. See summary.]

Edward Spelman.
26th October 1752
Reference Numbert17521026-22
VerdictNot Guilty > no evidence

Related Material

524. Edward Spelman , Esq; was indicted for forging a counterfeit deed, purporting to be an article of agreement made in January 1709, &c. and uttering the same, knowing it to be false, forged, and counterfeit, with intent to defraud Hugh Nash of 37736 l. 6 s .

The prosecutor came into Court, and said he could not maintain the charge as laid in the indictment, so produced no evidence. Acquitted .

John Gore, Patrick Hughes.
26th October 1752
Reference Numbert17521026-23
VerdictGuilty; Not Guilty

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525, 526. (M.) John Gore , otherwise Purcell , and Patrick Hughes , were indicted, for that they with a pistol, that Purcell held in his right hand, on William Aimey did make an assault, and that they with menaces, in a violent manner, did demand the money of the said William, from his person to steal, &c . July 15 . *

William Aimey . I lived in St. James's Square with Mrs. Hays. On the 15th of July, about half an hour after one in the morning, I, Catherine Grinfield , and another servant, were in a hackney coach, going home from the Temple, where we had left my mistress; and just as we were going into St. James's Square , within a little of our own home, Gore came up to the coachman, and said, G - d - n your blood, stop directly, or else I'll blow your brains out. The coachman did not stop, but the prisoner repeating the words over again, he stopt. Then Gore came and put his left hand on the side of the coach, and with his right put a pistol towards my left breast; then he said. D - n your blood, deliver all your money, or I'll blow your brains out this instant ; after which he repeated it over again, and said, I am in hast.

Q. Are you sure it was Gore?

Aimey. I am quite sure. Then I said we were poor servants, and had nothing to give him; upon which he said to the coachman, G - d - n your blood, drive off directly. The coachman drove to our door, and we put the women into our house; then the coachman, I, and John Grinfield , went in pursuit of them. We found Gore stopping a gentleman on foot in the same place, and I called out, watch! stop thief! The gentleman was scuffling with him, he was a captain, and had drawn his sword.

Q. Did you see any other with Gore?

Aimey. No, my Lord, I did not; I did not see the other prisoner till after Gore ran away, and we after him, and took him a little before we came to Charlton-House, in Pall-Mall. The pistol lay just by his side when we took him. Although we called watch and thieves, the watch did not come for several minutes. We carried him to the watch-house. It was a moon light night. Gore had been pricked in his arm; and it bled.

John Conner . I am the coachman. I was driving the other witness and two women home, on

the 15th of July, about half an hour after one in the morning, and just as I came to turn into the Square, I observed the two prisoners walking together. Gore came up, and clapped a pistol, I believe, within half a yard of my head, and swore d - n his blood, if I did not immediately stop, he would blow my brains out. He said so a second time, then I stopt. He went and clapped his left hand on the coach door, presented a pistol with his right into the coach, and demanded their money; they replied they were but poor servants, and had nothing for him. He then demanded it a second time, and they made the same reply. Then he came up to me, presented his pistol, and swore if I did not make off, off, off (for so he expressed himself ) he would blow my brains out. I drove directly to our own door, which was but about thirty yards off.

Q. How near did Hughs come at that time? Conner. I believe he did not come within ten yards of the coach.

Q. Did he say any thing to you?

Conner. He did not speak a word in my hearing. When the women were in the house, John Grinfield , who was in our house, gave his wife what money he had, and he, the footman, and I, went in pursuit of them. I picked up a stone going along, and saw the two prisoners attacking a single gentleman at the corner of the Square. When they saw us, they both ran, as did also the gentleman, thinking we had been accomplices. I flung the stone at Gore, but missed him. He ran down Pall-Mall, in the middle of the street, Hughs ran on the flag stones, within the posts. I ran after Gore, I believe, 150 yards; I kicked up his heels in Pall-Mall, and with the force of his fall the pistol flew out of his hand. I secured him immediately, and lay upon him seven or eight minutes before the watch came. I think the footman came first, and I bid him take up the pistol, which he did. When the watchman came, I delivered one hand to the watchman, and I held the other; then we led him to the watch-house. I went to see him when in Newgate, and he told me, the reason that he left us was, because he saw a better mark coming, which he thought to attack.

Catharine Grinfield . I was one of the women that was in the coach. Gore presented a pistol to the footboy, and demanded his money. I saw the other standing at the corner, but did not hear him speak.

John Grinfield . I am husband to the last witness. After the coach came home, I went along with the coachman and footman, and saw the two prisoners engaged with one Captain Browning: they ran away, and we after them, I was within about forty yards when Gore was taken by the coachman, and I saw the pistol lying by his side when on the ground.

John James . I heard the cry of stop thief, being at that time a centinel at Charlton-House. I saw Hughs run by, and another after him; I stopt Hughs in Pall-Mall, and told him he was my prisoner; he replied, he might as well be my prisoner as any body's else.

Q. Had he any instrument in his hand?

James. I saw none. I brought him to my box, and kept him till the constable came.

Gore's Defence.

I had been out with some friends, and coming through Pall-Mall home, I heard some people cry out stop thief; there was a gentleman, and one or two other persons with him; I crossed the way from them. There was no body with me. That coachman came, and heaved a stone at me; I ran aside to shun the stone, he ran after me, and kicked up my heels. The gentleman that was stopt came to the justice's the day after I was committed, and said I was not the man. These witnesses were all there.

Q. to Conner. Was there any body came there on such an account?

Conner. Captain Browning came there, and said Gore was a man about the stature of one of them, but he could not positively swear to him.

The footman deposed to the same purport.

Gore guilty , Hughs acquitted .

[Transportation. See summary.]

John Smith, John Welch.
26th October 1752
Reference Numbert17521026-24
VerdictsNot Guilty; Guilty > theft under 40s

Related Material

527, 528. (M.) John Smith , and John Welch , were indicted for stealing one silver tankard. value 6 l. the goods of Thomas Patton , in the dwelling-house of the said Thomas , Oct. 13 . *.

Thomas Patton . I live at the Hand and Racket in Hedge-Lane, St. Martin's parish . On the 13th of this instant the two prisoners were in my house together about five o'clock in the evening; they staid there but a little time. I saw my tankard when they were in the house, and missed it before they were gone. They called for a tankard of mild beer, I ran down into the cellar with one silver tankard, and left another upon the shelf in the back room; but before I came up, my boy came down for a pint of beer, which he said was for a stranger in the back room; I replied, I am drawing this tankard for one of them. When I

came up there was only Welch sitting. I said, where is the other gentleman? He said, he is gone over the way and will come presently. Then I saw Smith standing at the tap-room door, and said, you are the person that came with the other gentleman. He said, no, he was not, he never saw him in his life. Seeing my tankard was gone I challenged them with it. Smith said, he was never in the kitchin, the boy and maid said he was there. We searched about the bench and found nothing where Smith was standing, but under the bench between Welch's legs there I found a base metal tankard, or what is called French plate, tied up in a handkerchief.

Q. Were there any other people in your house at this time?

Patton. There was only one besides the prisoners, and that was John Fish . The base metal tankard was produced in court.

William Dixon . I am servant to Mr. Patton. I saw Smith come into the kitchin with his face towards the tankard, then I saw it. He asked me for a pint of beer, so I went down into the cellar and told my master, there was a strange gentleman in the kitchin who had sent me down for the beer, and the tankard was gone when I returned with the beer. In searching about the tap-room this base metal tankard was found in a handkerchief between Welch's legs under the bench. I know it was not there five minutes before, for I had fed a little dog there and should have seen it had it been there.

John Fish . I was in the house at this time, there were the two prisoners, and the maid, master, and boy went out of the room. The prisoners called for a tankard of mild beer, then Smith opened the door and went into the kitchin and there he staid; there were two tankards in the kitchin; the boy hearing the bell came in, and asked Smith what he wanted, he said, a pint of beer. Then the boy went into the cellar to his master. Smith walked past me to the tap-room door and opened it, and was half out; then he came and sat down by me, with asking my leave by way of compliment; I said he was welcome.

Q. Did you see him take the tankard?

Fish. No, I did not. I saw the base metal one found under Welch's legs, he sat cross legged. They both denied it to be theirs.

Q. from Smith. Did I open the door? Are you sure of that?

Prosecutor. I had shut the door when I went down, and it was open when I returned.

Mary Cole . I was washing the dishes in the yard, and Smith came into the kitchin. I said, it is not usual for strange gentlemen to came into the kitchin, then the boy come in. I went backwards into the yard, there is a window that commands the kitchin, through which I saw Smith walking as hard as he could towards the door immediately.

Both acquitted .

They were a second time indicted for stealing one silver pint mug, value 3 l. the property of John Corral , in the dwelling house of the said John , October 2 ++.

John Corral . I live in Swan-alley, Coleman-street, at the Coach and Horses, a publick house . On the twelfth instant Welch came in about seven o'clock, and called for a pint of beer; it was drawn him in a silver mug; in about ten minutes after Smith came in.

Q. Did you know them before?

Corral. No, I did not. He called for a pint of beer, and it was brought him in another silver mug. I went down into the cellar and left them in the room; Welch was seated but the other was not. I did not see the mug brought to Smith. When I came up again the maid was making them a welch rabbit. Then they were both seated, and as close together as two men could be, at a little table about two feet six inches long, in a settle near the fire.

Q. Did you hear them converse together?

Corrall. I saw them lean their heads together once or twice. Then they had two silver mugs standing before them on the table, and I observed when I came up the candle was removed from the table and put on the mantlepiece aloft, which was not a usual place. Smith's pint being out he ordered the maid to send the boy to fill it again, which was done. Then he desired the maid to drink with him, she refused it, and said, she had drank once out of the other pint. He desired very much she would, and at last she did. They staid some considerable time. I was sitting in a box just by, the maid was just stepped out at the door and gone a cross the way. Welch paid me for one pint of beer, the other for two and a welch rabbit, all in halfpence, and went away about five or ten minutes before eight o'clock both together

Q. How long did they continue in your house after you came out of the cellar?

Corral. About a quarter of an hour. The pot was missed before the mugs were put out of my sight, or any body moved in the house, which was in about three or four minutes after they were

gone. My maid, Jane Stock , missed it, it was that which Smith drank out of, and a French plate left on the table in the room of it.

Q. Did you go after the prisoners?

Corrall. It was too late to go after them.

Q. Have you ever found it again ?

Corrall. No, I have not. Hearing of the prisoners being taken up about a tankard, I went to see them, and swore they were the men that were drinking in my house at that time. The metal mug was produced in court.

Q. Is this one of the mugs that you had in your house before ?

Corrall. No, it is not. I am positive both my mugs were silver that were on the table, and there was no soul near the table but the prisoners. The base metal one was very much like that which Smith was drinking out of; having but one of that make, and finding two, we found it out directly. The other that I lost had no belly to it, only a litle rim round it, and it goes straight up.

Jane Stock . I am servant to the prosecutor. On the twelfth of this month Mr. Welch came into our house about one o'clock and called for a pint of beer, he sat a trifle of time and then went away. He came again about three, and called for another pint of beer, but did not stay then. A little time after that he came again, about seven, and called for another pint, I drew it in a silver pint mug, he had all the times the same mug. He staid there about ten minutes, then Smith came in and called for another pint of beer. which was drawn him in another silver mug. He sat down at the same table with Welch on a settle near the fire. Smith desired me to make him a welch rabbit.

Q. Were the two mugs you set before them silver ones?

J. Stock. I am sure they were, Smith drank his pint of beer and desired me to bid the boy fill it again, I did. Then he desired me to drink with him, so I did, and then I went out.

Q. What time did you go out?

J. Stock. I went out about four or five minutes before eight o'clock. I had not been out above three or four minutes, and when I came in they were gone.

Q. Where were they when you went out?

J. Stock. I left them in the same place where they were drinking near the fire.

Q. Had they continued in the same place all the time they were in the house?

J. Stock. They had. I sat facing them about half an hour, and for the rest I was backwards and forwards about my business.

Q. When had you seen that silver mug which is missing last ?

J. Stock. I had drank out of it the moment before I went out. When I came back again I went into the bar for a mug to draw a pint of beer, and seeing two of the same pattern missed it directly. It was in three or four minutes at most. We had but one mug of that shape which is lost.

Q. How came you to go into the bar to look for a mug?

J. Stock. Because the boy had taken the two mugs from off the table and set them in the bar.

Q. Which mug was missing?

J. Stock. The mug that Smith had was missing, and a base metal one put in its place.

Q. Is the boy here?

J. Stock. He is not, being wanted at home.

Prosecutor. I ordered the boy to take the mugs off the table and wipe out the score as soon as they had paid their reckoning, in both their hearing, and saw him set them in the bar close by me.

Q. Look at this base metal mug. Is that the mug you found in the bar?

J. Stock. It is.

Q. Did you see it stand on the table when they were drinking?

J. Stock. No, I did not at all. When Mr. Smith had eat the welch rabbit he took the news paper to read, but Welch removed the candle from the table to the mantlepiece and the other took it back again three times.

John Column , On the twelfth of this month I went into the prosecutor's house about seven o'clock in the evening, there were two men, I don't attempt to swear they were the prisoners, for I took but little notice of them. I observed the candle to be removed from the man a reading two or three times. When they had been gone two or three minutes, and the master had bid the boy clear the table, the maid went into the bar and said, what strange silver mug is this, so it was found out.

Q. to Prosecutor. In whose possession has this base metal mug been since that time?

Prosecutor. It has been in the possession of the constable.

Welch's Defence.

I have been acquainted in the house, and went in to have a pint of beer in the morning. I went into the city, and came again about seven o'clock and had another, and staid there some time. This man that stands here ( pointing to Smith ) I never saw in my life, till I was taken a fortnight ago.

I observed a man to come and sit down facing me, he had two pints of beer, but never spoke to me all the time.

Smith's Defence.

I absolutely deny that of being in the prosecutor's house, or in the court where the house is. I will make it manifest, that I was at St. James's all the afternoon till eight o'clock at night, and after that at my lodgings in Chancery-lane.

Q. to the Prosecutor. Are you certain Smith was in your house that night?

Prosecutor. I am very sure he was, my lord.

Q. By what did you observe of him to know him again?

Prosecutor. He has a sort of a mark on his left cheek. I know him perfectly well both by his countenance and speech.

Q. to Jane Stock . Are you certain he was there at that time?

J. Stock. I am certain he was, and asked me to drink with him, and I did.

Prosecutor. We were asked before the justice to pick them out from amongst ten or twelve men that were set in front, and we did.

For Welch.

Thomas Webster . I live in Fore-street and keep a publick house. I have known Welch these twelve months, he is a journeyman shoemaker and used my house. I have trusted him with plate and he never wronged me.

Jeffery Chandler. I am a shoemaker in Fore-street. Welch lodged with me between thirteen and fourteen months, he went from me about four months ago, he behaved just and honest all that time.

Morris Power . I have known him twenty two years. I never knew of any thing in my life that hurt his character before.

Miles Kelley . I live in Hosier-lane, and am a carpenter. I have known him from his infancy, and remember his coming from Ireland between three and four years ago. He has a very honest character.

Henry Wetherall . I have known Welch about four years. I never knew any thing of him but what was honest and just.

William Goodall . I keep a publick house in Redlion-street, Holbourn. I have known him some time, and never heard to the contrary but he was an honest man.

For Smith.

Anne Plea . I live in Balsover-street, near Oxford road.

Q. What is your business?

A. Plea. I am of no business at all. I have known Smith about twelve years.

Q. Where does he lodge?

A. Plea. I don't know that. It is somewhere in Clare-market. I saw him the twelfth of October at our house in the Hay-market, we lived there then. I believe it was between three and four o'clock, he called accidentally and was very urgent to be gone, but staid till between seven and eight. My sister came home to drink tea, I believe it was a full half hour after seven, but then you must allow, as the justice told me, that the clocks vary. I believe there is a good deal in that.

Q. What is his business?

A. Plea. I never enquired into that. He always appeared to me in the character of a gentleman, and I liked his company as a good agreeable man. I did, indeed I did. I came acquainted with him purely by accident.

Q. Do you know Welch?

A. Plea. No, I do not. I did not know there was such a man in the world till I saw him in a poultry coop (pointing to the Bail dock).

Samuel Boulton . I live at the bottom of Bream's buildings in Chancery-lane, the prisoner, Smith, has lodged with me about six months. On the 12th of October, about eight o'clock, he was at my house. I believe I may be positive of it within a quarter of an hour, over or under.

Q. What is his business?

Boulton. Upon my word I never enquired into that, I never was much in his company. He has a house of his own in St. Ann's Lane, Seven Dials, I have trusted him with plate and things about my house and he never wronged me.

Catharine Buckley . I work for Miss Plea plainwork. I saw Smith the Thursday after Michaelmas day, between seven and eight o'clock, at her house. Miss Plea desired him to stay and eat a bit of a goose. I staid till eight, then went away and left him there.

Q. Do you know Welch ?

C. Buckley. No, I never did, till I saw him in Newgate.

Q. to Boulton. Do you know Welch?

Boulton. I never saw him in my life to my knowledge till I saw him before the justice.

Pears Britt. I have known Smith about twelve

month. I have done work for him, and never saw any thing by him but what was just and honest.

Q. What is his employment?

Britt. I always heard he was bred up to the law.

Both guilty 39 s .

See Smith tried before, No. 89, in Alderman Winterbottom's mayoralty.

[Transportation. See summary.]

Sarah Newby.
26th October 1752
Reference Numbert17521026-25
SentenceMiscellaneous > branding

Related Material

529. (M) Sarah Newby , widow , was indicted for stealing one stuff petticoat, val. 8 s. the property of John Herring , Oct. 2 . ++ Guilty .

[Branding. See summary.]

Thomas Drescal.
26th October 1752
Reference Numbert17521026-26
VerdictNot Guilty

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530. Thomas Drescal was indicted for stealing one hide of cow's leather tanned, val. 11 s. the property of persons unknown, Oct. 9 . ++ Acq .

John Smith.
26th October 1752
Reference Numbert17521026-27
VerdictNot Guilty

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531. (M.) John Smith was indicted for stealing one fan, val. 12 d. and one half guinea , the property of Valentine Hubert , March 25 . + Acq .

John Fling.
26th October 1752
Reference Numbert17521026-28

Related Material

532. (M.) John Fling was indicted for stealing one gold watch with a shagreen case, val. 5 l. one pair of womens stays, two caps, one pair of silver buckles, one silver tea spoon, one chints sack, one table cloth, one shift, one gawse handkerchief embroidered, one piece of silk damask, one pillow-beer, two linen Aprons , the goods of Daniel O'Larry , July 29 +.

The prosecutor lives in Stone-cutter street, Pal-mall ; the prisoner lived in the house, He and the things were missing; he was stoppedin St. John's parish, Wapping, by a watchman, with the things upon him all but she stays, which he had pawned, and by his directions were found again.

Guilty .

[Transportation. See summary.]

John Langenfilder.
26th October 1752
Reference Numbert17521026-29

Related Material

533. (M.) John Langenfilder was indicted for stealing one silver tankard , val. 39 s. the property of Henry Gallant , Oct. 17 . *

Henry Gallant . I live at the Eagle and Child, St. Martin le Grand; it is in the liberty of Westminster . I missed a silver tankard last Tuesday was se'nnight, about twelve at night. I advertised it, and found it the Saturday following upon the prisoner at the bar, cut to pieces. I saw the constable take it out of his pocket.

Q. What part of your house did you miss it from?

Gallant. It was lost from out of a club room up one pair of stairs.

Q. Did you know the prisoner before?

Gallant. He had used my house before, and behaved well; I never mistrusted him. He was there the night I missed it. When he was taken before Justice Fielding he confessed that it was my tankard ; it is cut in so small pieces I can't swear to it. Produced in court, cut in pieces almost as small as barley corns.

Robert Jones . The prisoner came to my shop on the nineteenth instant, and offered me these pieces of silver to sell. He produces a small parcel. I had seen him before, but did not know his name. I knew he was a taylor; I asked him his name, he said it was John Brindal, and that he was a periwigmaker. Then I stopped it, and he said he'd go and fetch the man he had it to sell for, but did not return. I advertised it and described the man; he was taken; that taken out of his pocket, and this which I stopped weighed much about the weight of the tankard, according to the prosecutor's account of the weight. I have sold him goods, but never heard any ill of him before this.

Prisoner's defence.

The man where I had the silver is run away.

To his character.

Elizabeth Pudwin . I have known the prisoner about three years, and always found him an honest man.

Francis Rose . I have known him three years, he is a very honest man. I trusted him with every thing I had almost without it was my money.

William Eames . I have known him about two years; he has a very good character.

John Crestockmeller . I have known him three years. He is a very honest man.

Christian Powel . I have known him a year and a half; he had a very good character, and I was sorry to hear this of him.

Francis Poncartney . I have known him twelve months. He was always honest and sober.

Nathaniel Whitcome . I have known him about a year and half, he has used my house. He always behaved extremely civil and honest.

Guilty .

[Transportation. See summary.]

Alexander Bourk.
26th October 1752
Reference Numbert17521026-30
VerdictNot Guilty

Related Material

534. (M.) Alexander Bourk was indicted for that he, on the king's highway, on King Gold , Esq; did make an assault, putting him in corporal fear and danger of his life; one gold watch, val. 10 l. one guinea and one half guinea, from his person did steal, take, and carry away , Sept. 1 . *

King Gold. On the first of September, between five and six in the evening, going from Ealing to town, about half a mile from my own house, my

coach was stopped by a single highwayman; he had on a brown indifferent great coat, a black piece of silk over his face, and a pistol in his hand; he first demanded that I would deliver my money. I pulled out a purse in which I had only a guinea and half, which he took from me. It was some time before I delivered my watch, he cocked his pistol, and presenting it to my breast, said he'd fire if I did not deliver it immediately; this he repeated several times. He would have my watch, and once attempted to pull it out. I said my hands were very lame, I was a gouty sort of a man, and could not make such haste as he would have me. At last I delivered it; he then presented his pistol to the coachman, and bid him go on.

Q. Did he speak like an Englishman, or a foreigner?

Gold. The moment he began to open his mouth I knew him to be a foreigner, and speak as bad English as ever I heard. There were very large holes in the silk for him to look through. He is shewed a pistol. I think I can swear this is the pistol I was robbed with. I believe it is a foreign make, and I thought so then on seeing it.

Q. How long might he be in committing this robbery?

Gold. He was a great many minutes in commiting it. I was surprized that there were so many people on the road, and none came up. His coat looked like a coat to disguise him.

Q. Look at the prisoner. What have you to charge him with ?

Gold. I verily believe him to be the man. I saw him at Justice Fielding's, and the moment I saw him I thought I knew his eyes.

Q. Had he his own hair, or a wig?

Gold. I could not tell that, his great coat was put up. I more particularly remarked his voice, if he speaks watch, no man can be mistaken in him. He is certainly the man, I am certain he is the man that robbed me.

Cross examined.

Q. Was not you surprized at this time?

Gold. I can't say I was without fear. or I had not delivered my watch; but it was but very little.

Q. Did the silk cover his whole face?

Gold. It did to his breast, but there were large eye-holes, and I perceived long eye-lashes, and a full stare with his eye.

Q. What was the colour of his eye lashes?

Gold. I can't tell; they seemed to be dark.

Q. What was the first word he said to you?

Gold. It was, stop, stop, stop.

Q. From these words did you take him to be a foreigner?

Gold. I did; and from the words, deliver your money.

Q. Had you any body with you?

Gold. There was Mr. Sweet in the coach with me.

Q. Was he robbed at the same time?

Gold. He took his money first, then he called upon me for mine.

Q. How did he call out?

Gold. He said, maak hast.

Mr. Sweet. I was in the coach with Mr. Gold at this time, on the 1st of September, about half an hour after five in the afternoon. I think the prisoner is the man that did the robbery. The person had a black silk on his face. He clapped his pistol close to my breast and demanded my money, and after that my watch. Then he robbed Mr. Gold of his watch and money. I took a great deal of notice of his speech.

Q. Have you heard the prisoner speak since?

Sweet. I have before the justice. He talked about the watch, and to the best of my judgment, the voice is exactly the same. I said he was a foreigner as soon as we were robbed; the holes through the silk were about the size of a crown piece, but I did not take particular notice of his eyes. He had a great coat on of a darkish or brownish colour.

Q. Do you know the watch Mr. Gold lost?

Sweet. I do, I was sent for to Mr. Dunlop's shop to see it, and can swear to that to be the same Mr. Gold lost.

Charles Dunlop . I am a watchmaker, and live in Spring Garden, Charing-cross. Mr. Gold advertised his watch to be brought to our house, with ten guineas reward ; it was brought and delivered to me by Alexander Bourk , of Clart Holt, on Monday the 13th of this month.

Q. Where is he?

Dunlop. That is the prisoner at the bar. His landlord came to me and informed me the prisoner had been out of town, and upon Hounslow Heath he had been robbed, and likewise a Chaise was robbed, and he thought Captain Jasper, who had been robbed some time before, might get intelligence of his watch. On Saturday the 14th, in the evening, the prisoner came in a hackney coach to my door; in one hand he had the advertisement describing the gold watch. I looked upon it and said that was not the watch of Captain Jasper, but

that of Mr. Gold. Then he put the gold watch into my hand, I looked upon it and found it to be Mr. Gold's. The prisoner sat down, and told me he had been out of town, and upon Hounslow Heath had been robb'd of 2 guineas and a half, and also that a post chaise with two ladies in it had been robbed of eighteen or twenty guineas. That he (the prisoner) came up to their chaise, and asked them if they had been robbed? They said yes, and pointing said, there goes the highwayman. He likewise told me he offered to borrow a horse of a gentleman ; that he pursued, and being come up with the highwayman by the Duke of Argyle's, the highwayman's horse made a plunge, and he cocked a pistol; that he followed him to the side of the Thames; that the highwayman dropped a pistol, and he took it up; that the highwayman took into the Thames, and finding he could not swim over, came back again, and said, if you'll let me escape I'll give you a gold watch; that the prisoner said, you look to be a good-natured gentleman, if you'll go with me to Hounslow I'll give you a glass of wine; that he took the watch, and they rode on together. When they came there he went to collar the highwayman, who pulled out two pistols; he discharged one at him, and with the other shot himself. I asked him what sort of a person he was that shot himself? He answered, a man about five feet ten inches high, almost six feet, and a d - n'd ugly looking fellow. He looks at the gold watch. This is the watch he brought to me to get the reward; my brother made it.

Q. to Mr. Gold. Is this the watch you was robbed of on the first of September?

Gold. It is the same; it had then a fine steel chain, which is not on it now.

Q. to Dunlop. Is it in the same condition it was when the prisoner brought it to you?

Dunlop. It is; it had nothing but a silk string on it then. The prisoner seemed uneasy to be gone. I told him the gentleman that owned the watch was a man of great honour, and that he need not doubt having the reward. I sent for Mr. Sweet, and Mr. Charles Gold , son to the proprietor. Mr. Charles was indisposed, and could not come; Mr. Sweet came. He and the prisoner went together to Mr. Charles Gold 's house.

Cross examined.

Q. Did he come to you in a publick manner, freely and voluntarily?

Dunlop. He did, and told me the story I have been repeating.

Q. Did you ask him where he lodged?

Dunlop. I did.

Q. Did he say he had shewed this watch to any body before he brought it to you ?

Dunlop. No, he did not; nor did I ask him.

Q. Did he talk good English?

Dunlop. He talked pretty good English.

Q. Would it be easy to distinguish him to be a foreigner in hearing him speak two or three words?

Dunlop. Yes, it was very easy ; his landlord had before informed me that he was a foreigner ; but if he had not, it was easily discerned.

Charles Gold . My father's watch and seal having been described in an advertisement, with ten guineas reward, and in case the person was discovered they should have five guineas more, on Saturday was se'nnight, between five and six in the afternoon, a messenger came and told me my father's watch was brought to Mr. Dunlop's. I, not being very well, desired they'd come down to me in Privy Gardens. Mr. Sweet and the prisoner came; the prisoner told me what he was come upon, and produced this watch and seal of my father's which has since been in my custody. He told me he had brought my father's watch and seal, as he supposed by the advertisement. I desired him to give me an account how he came possessed of them, after I had taken them. He told me he was upon Hounslow Heath, and pursued a highwayman till he stopp'd and told him he was an unfortunate tradesman, and desired he'd not ruin him, saying, go about your business, here is a watch and seal for you; that he took it and seemed to be friends with him; they then rode on together. I said at last, what am I to do? He produced the news paper, upon which I understood he meant to receive the reward. He gave me his name and place of abode. I gave him a drought on my banker for ten guineas, which he received. I found when I sent to enquire, that he did live at the place he mentioned, having been there four days. The next morning I went to Hounslow, to see the man that lay dead, whether the description answered to what he had said. I found strong reason for suspicion of the prisoner. I got a warrant and the prisoner was taken at his lodgings the next morning.

Cross examined.

Q. Did he not tell you he was robbed himself?

C. Gold I cannot undertake to say he did.

Q. Did he not tell you that the highwayman had thrown away the money?

C Gold. I cannot be positive of that.

Joshua Flinden . I am Mr. Gold's coachman. I drove him when he was stopt, which was on the first of September. The man that stopt and robbed him was a well made lusty man, had a silk or crape before his face, with a great coat on, patched under both arms with a different colour, being rather darker. He said, Do, do; I did not understand him; then he cry'd stop in a very great hurry, and said, Maak basi, maak basi, maak basi.

Q. How long might the person be in committing the robbery?

Flinden. I believe about ten or twelve minutes.

Q. Have you heard the prisoner speak since he was in custody?

Flinden. I have before the justice, and his voice is very much like the person's that committed the robbery. He is also much about the size of the person but his great coat was buttoned up.

Q Did you see the dead man afterwards ?

Flinden. I have. That man was not at all of the size of the man that robbed my master; he was a good deal less than the thief; there was no comparison in bulk.

Q. Did you take notice of the horse the highwayman rode on that robbed your master?

Flinden. I did; it was a black horse, with a star and a grey tail.

Q. Have you seen that horse since?

Flinden. Never before, or since, to my knowledge.


Q. Could you see any part of his face?

Flinden. No; but the chin appeared black, and I took him to be a man of a darkish beard.

Q. Could you distinguish his eyes?

Flinden. No.

Q. Could you have known him again by his face, had you seen him half an hour after?

Flinden. No, I could not.

Q. to Sweet. What did the prisoner say to you, when you first saw him at Mr. Dunlop's?

Sweet. He had the watch in his hand, and said, Here be the watch the gentleman advertised; I am come for the reward of ten guineas; the man is dead.

Q. Did he say he himself had been robbed?

Sweet. He said he was, of two guineas and a half.

Q. After the man gave him the gold watch, what did he say then?

Sweet. He said he accepted it; then he said, Give me the money you robbed me of, and he replied, I have thrown it into the kennel.

Q. What did he say was done after that?

Sweet. Then he said he asked the man to go to Hounslow, and drink a pint of wine; when they came there, he cried stop highwayman; then the man drew a pistol, and snapt it at him, but it did not go off; then he drew another, put it to his left ear, and shot himself dead.

Q. Did you hear him charged with having a great coat on that day?

Sweet. I did; he answered he had not had a great coat on since he came to England the last time.

Dawson Sackvile . I am clerk to Judge Burnet.

Q. When did you first see the prisoner at the bar?

Sackvile. I beg to be excused answering that, lest it should be a prejudice to the prisoner. I know nothing of the robbery, but happened to be at Hounslow when the man shot himself. I saw a crowd of people surrounding two men on horse-back, presently a pistol went off, and I saw a man drop. My postman stopt, and I got out, went to them, and asked what was the reason of this accident; as also who had pursued this man, as they cried out a highwayman. The prisoner was there, and he said, I'll tell you the whole story. Coming along, continued he, there were two ladies in a post-chaise, and seeing a man stop them, I rode up, and asked them if they had been robbed; they answered no, but that that man had attempted to rob us; then I replied, I'll take him for you. I came up with the man in a very little time, he turned about, saying. What do you follow me for? adding, if I did not go off, he'd shoot me through the head. I said I will not hurt you, but if you will go with me, I'll give you a bottle of wine. I asked him how he came to follow this man, as having no arms; to which he replied: In going along upon the heath, the man dropt a pistol out of a leather apron; that he got off his horse, took it up, and rode on to drink a bottle of wine, when this accident happened. Here I left him, and came on towards London.

*** In a few days will be published PART II. of these Proceedings.

Old Bailey Proceedings front matter.
26th October 1752
Reference Numbert17521026-30

Related Material

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 26th, Friday the 27th, Saturday the 28th, and Monday the 30th, of OCTOBER.

In the 26th Year of His MAJESTY's Reign. NUMBER VIII. PART II. for the Year 1752. BEING THE Third SESSIONS in the MAYORALTY of the Right Honourable Robert Alsop , Esq; LORD-MAYOR of the CITY of LONDON.


Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1752:

[Price Four-Pence.]


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

Q. How was he dressed?

Sackvile. He had a loose great coat on; I saw it was patched under the right arm, and that the patch was rather darker than the coat. I thought it looked very extraordinary, that a man, so well dressed as he was, should wear so shabby a great coat. I then asked him if the highwayman had robbed him; he answered, No, he never offered to rob me; but said, after I had had a little conversation with him, he would not be taken, and that if I attempted it, he would shoot himself.

Q. Did he say any thing of the man riding into the Thames?

Sackvile. No, not a word.

Q. Did he say he had given him a gold watch?

Sackvile. No, he did not

Q. Did he to any body else at that time?

Sackvile. Not at Hounslow, at that time, as I know of. I happened to be there three days after, and there was no body talked about it in my hearing.

Q. Was you before Justice Fielding?

Sackvile. I was; there he told his worship he was robbed of two guineas and a half.

Q. How was the man dressed that was shot?

Sackvile. He had an old great coat on a very bad wig, and a leather apron. He was much about my size, (which was much less than the prisoner) and his brains were shot out of his head.

Q. Did you hear Mr. Gold's coachman say any thing before the justice?

Sackvile. He there said, he was sure the man that shot himself was not the man that robbed his master.

Q. Did the prisoner say any thing there about his being on horseback ?

Sackvile. He said he had not been on horseback above once or twice since he has been in England.

Q. to Charles Gold. What did you hear the prisoner say about his being on horseback ?

C. Gold. He said before me, and my father, he had been on horseback but three times in the six months he had been in England.

John Jenkins . I am ostler to Mrs. Gale; she lets out horses, and the prisoner has had a horse three times at our stable; which I delivered to him. His usual time was to come about a quarter after five in the morning.

Q. How long is it since the first time?

Jenkins. I cannot justly say! The first time he had no whip, and I lent him a little cane.

Q. Did you hear him make any complaint that night he returned, when the man was shot at Hounslow?

Jenkins. He complained the same night, in my hearing, he had been robbed that day of four guineas. This was the last time he had a horse.

Q. Where did he tell you he lodged?

Jenkins. He said in Bond-Street, that night.

Steven Scot . I am headborough. I apprehended the prisoner last Monday was se'nnight. I searched his lodgings, and in opening a closet door, I found a pistol loaded: there also I found this hat; [holding one in his hand] and here are the holes where the pins have gone through to pin in crape, or silk, withinside the crown, on the front of it.

Mr. Gold. (looking at the hat ). This is very much like the hat the man had on that robbed me.

Scot. I taxed the prisoner about having a great coat, but he denied having any coat at all. [He

is shewn the pistol] This is the pistol I found charged in the closet.

Cross Examined.

Q. Did not the prisoner open the door without any compulsion to let you go in ?

Scot. He opened the door to his landlord ; he did not know who was there.

Q. What ro was he and in what part of the town?

Scot. A two pair of stairs room in Hanover-Street, Long-Acre. The landlord said he had lodged there four or five days.

Hannah Gale . I a livery stable. The prisoner hired a her's cannot say how long ago; the form was before Jenkin's came to be over.

Q. What did the prisoner then say his name was?

H. Gale. He said his name was Leesham.

Q. Are you sure he did not say his name was Bourk ?

H. Gale. I am sure he did not.


Q. How many times had he hired a horse of you?

H. Gale. He had a horse of me four times in all.

Q. Did he tell you where he lived ?

H. Gale. I asked him where he lived, but did not understand him, he speaking very bad English, though I thought he said Brook Street.

Q. Had he always one horse?

H. Gale. He had; it was a black brown.

Mr. Cousseavs. I live in Hanover-Street, Long-Acre. The prisoner lodged at my house at the time of the highwayman's shooting himself at Hounslow. He lodged with me from Tuesday, old Michaelmas-day, to the Monday following. When he came home, after the man was shot, he told me he had been on the other side Hounslow, and coming back he was robbed of two guineas and a half; that afterwards he saw the man rob two ladies in a post-chaise, and seeing some horsemen come up, he desired them to lend him a horse, which they did ; that he pursued him, and seeing a pistol he on the heath, he dismounted, took it up, and mounted again; that presently he came up with him, and desired him to, or he was a dead man; that the other remained he would rather lose his life, or shoot himself; that he answered, Give me then the money you have taken from me, and he said he had thrown it away; that he requested him to put up his pistol, and he would put up his, which being agreed to, they went together towards Hounslow; that there he offered to seize him, but the man turning about, snapt a pistol at him, and with another pistol shot himself.

Q. Did he say any thing to you then about a gold watch?

Scot. No, he did not.

Prisoner's Defence.

I am a foreigner, and cannot speak in the speech way. This day I went out to Windsor, to see the prince, and hired a horse at Kensington. I dined of Hounslow Heath about four o'clock, about two miles from the town. I was stopt by a highwayman on a chesnut horse, with a whitish coloured great coat, and a wig ; he was a strong shouldered man; he robbed me of two guineas and a half. He turned round some trees, and saw me a coming after him, upon which I dismounted my horse, covered myself in a hedge, and he passed by me. There was another man passed by, unto whom I said, I have been robbed by that fellow, will you lend me your horse ? which was a brown one; he did not, but gave me a coat to disguise me. There was a post-chaise with two ladies in it, the highwayman gallopped up to it, and I saw it stop. After that he rode away; I went up to the post-chaise, and asked the ladies if that man had robbed them, but they were affrighted, and could not give me an answer ; I went after him, and pursued him. Meeting a gentleman, I asked him to lend me his horse, or help me to pursue the highwayman; said he, I have no arms. I met other people on the road, and a little farther I found a pistol on the heath, and took it up: this gave me courage to pursue him. I went by the house upon Hounslow-Heath, and he went towards the Thames, but his horse would not go over. I then presented the pistol to the highwayman, and he cried out, Pray don't pursue me, I am an unfortunate tradesman ; said I, If you'll give me my money again, I'll let you go. To this he replied, I have no money, I have flung it into the water; but I have got a gold watch, and if you will shoot your pistol off, I will come to you and give it you. No, I said, I will not, but I will put it into my pocket; adding, as you be a good fellow, I will treat you with a bottle of wine ; he replied, I will go with you. When

we came to the King's Arms I took him by the right hand, and said, you are my prisoner. He gave his horse a spur and snap'd his pistol, but it did not go off, then he took the other and shot himself dead. I was very sorry that the man should do so, and went to the constable, but he did not understand me. They said, as the man is dead you have no business with it, and asked me no questions, so I said nothing of the watch: When I came home I went to a coffee-house in Long-acre and asked for the Daily Advertiser, there I saw the paragraph about a dead highwayman. I said, I was the man that pursued him, and he gave me a gold watch. I said, if I could not find it I would leave it there to be advertised, but in a little time I found it advertised, and then I said, I would go to the watchmaker, or the gentleman that it belonged to. From thence I went to a perriwig-maker and he dressed my hair. There I shew'd him the watch, and told him I had it of a highwayman. After that I shew'd it in Exeter-street to Mrs. Preston, then I came to Mr. Dunlop's shop, shew'd him the Advertiser and watch, and said, I had it of a highwayman that shot himself dead. He said, the gentleman is in the country. I replied, I will leave it here. Then he sent for the gentleman. I went with him and gave the watch to the gentleman in black clothes, and he gave me a note to go to a gentleman to take the reward. I gave them directions to my landlord, and my name. I thought it was doing justice to your country in pursuing the highwayman.

For the Prisoner.

Sarah Oaks . I was attacked in a post-chaise by a single highwayman, which by report was the man that shot himself on the twelfth of this month. There was a gentleman rode up to me, I saw the sleeve of his coat, and was so affrighted when he asked me if I had been robbed that I could not make him an answer. He said he would pursue the villain, or the man.

Cross examined.

Q. Did he say he had been robbed by the same highwayman ?

S. Oaks. No, he did not.

Q. Did he speak like an Englishman, or a foreigner ?

S. Oaks. I cannot say which.

Thomas Dean . I am the post boy that drove that lady over Hounslow-heath that time. She was at tacked by a single highwayman but not robbed. After that the prisoner came up to the post-chaise, and asked me if the chaise was stopped. I said, yes. Then he said, he would follow the highwayman, so turned back and rode as hard as he could.

Cross examined.

Q. Where was you going?

T. Dean. To Windsor. The prisoner came from Hounslow after the chaise, so did the highwayman, but the highwayman afterwards turned back again towards Hounslow.

Q. Are you certain it was the prisoner that came up to you?

T. Dean. I am sure it was.

Q. Did he speak like an Englishman, or a foreigner?

T. Dean. Like a foreigner.

Q. Where do you live?

T. Dean. At the Three Cups in Bread-street.

Patrick Guy . I keep a coffee-house in Long-acre. The prisoner came to my house on the thirteenth of October, about eleven or twelve o'clock. He called for a dish of coffee, then took the papers in his hand and read a paragraph about a highwayman that shot himself. Said he, this man I pursued, he had stopped a post-chaise in which were some ladies. After which he rode up to the post-chaise, and said, he would pursue him. He did, and the highwayman dropped his pistol. Then he picked it up and came up to him, and told him he would have his money again.

Q. What did he mean by that?

Guy. The money that he had robbed him of. The other told him he had dropped it, but would give him a gold watch to make him amends if he would not pursue him any further. Then he said, put up your pistol, and he put it up. Then the prisoner said, we will go and drink a glass of wine together, thinking to coaks him. When they came into the town he called, stop highwayman ; then the man took a pistol and shot himself.

Q. Did he ask your advice?

Guy. He shewed the watch, and asked me whether I knew if it was advertised. I told him there had been several, and one something like it, so I gave him some papers to look over. He said, I should be glad to find it, and if I do not. I will leave it here to be advertised. I said, you may do as you please for that. In about a quarter of an hour he found the advertisement and shewed it me,

it answered to the watch; then he offered me six-pence for the Advertiser. I said, the paper is more to me, because gentlemen will want it. Then he said, I will bring it again, so he took it with him.

Mary Webb . I remember the prisoner shewed a gold watch to me the Saturday before he was taken up, and said, he would go to the watch-maker's with it. I have known him ever since last June. He was in our house the last day of August, at ten o'clock, and said, as he was going into the city he had hurt his foot with the wheel of a chaise that had run over it, and if it was better he would come again on the morrow, but he did not.

Philip Shower . The prisoner shew'd me a gold watch a fortnight ago to-morrow. He came into our shop and desired me to dress his hair; after that he went over the way and asked for a newspaper ; then he said, he should have some money for a watch, and asked me, if I had not heard of a highwayman that shot himself; he said, he pursued him, and was so close after him that he gave him this watch.

Cross examined.

Q. What time was this?

Shower. It was about one or two o'clock.

Ann Preston . The prisoner shew'd me a watch it will be a fortnight to-morrow, and said, this is the watch I had of the man that shot himself, and I will carry it home to the gentleman.

Mary Owen . The prisoner was at home at his lodgings all day, the first of September, and I was with him. I lodged in the next room to him, at the corner of Dyer-street, at Mr. Harris's. He got up about eight o'clock. He allowed me a trifle to wait on him, and paid me that day, so I set it down in chalk-behind the door, it was sixpence per week ; and he did not go out at all that day.

Justice Bulstrode. The prisoner came to my house on the twelfth of October, about six o'clock, sometime after the man was shot at Hounslow. I found he spoke not very good English, so I spoke to him in French. He told me, there was a man going to rob, and he pursued him as far as Hounslow ; and at the lower end of the town the man shot himself, so he came to give me an account.

Cross examined.

Q. Had he a great coat on?

Bulstrode. He had.

John Roberts . I keep the Red Lion at Hounslow next to the Heath. I was at Marlow in Buckinghamshire when this man was shot, I never saw the prisoner at Hounslow in my life. The prisoner was pleased to inclose it in a letter, that I saw the man shoot himself, and subpena'd me, but I saw nothing of it. Acquitted .

Richard Murrey.
26th October 1752
Reference Numbert17521026-31

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535. (M.) Richard Murrey , was indicted for stealing a basket and seven loaves of bread , the goods of John Warring , Sep. 23 ++. Guilty .

[Transportation. See summary.]

Thomas Woodhouse.
26th October 1752
Reference Numbert17521026-32
VerdictNot Guilty

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536. (M.) Thomas Woodhouse , was indicted for stealing five pound weight of tobacco , the goods of persons unknown, Oct. 13 ++. Acquitted .

David Solomon.
26th October 1752
Reference Numbert17521026-33

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537. (L.) David Solomon , was indicted for stealing 80 pound weight of brass, val. 2 l. 6 s. 8 d. the property of Steven Row , Sep. 22 ++. Guilty .

[Transportation. See summary.]

Dorothy Bladin.
26th October 1752
Reference Numbert17521026-34
VerdictNot Guilty

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538. (M.) Dorothy, wife of John Bladin , was indicted for stealing one pewter pot, value 9 d. the property of Mary Ripson , widow , September 16 ++.

Acquitted .

Jane .
26th October 1752
Reference Numbert17521026-35
VerdictNot Guilty > no evidence

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539. (M.) Jane, wife of Thomas, Falstone , was indicted for stealing two linen sheets, value 5 s. two brass candlesticks, val. 1 s. one iron frying pan, val. 6 d. the goods of Nicholas McCane , in a certain lodging room let by contract, &c . Oct. 1 .

No evidence appearing she was acquitted .

William Purdue.
26th October 1752
Reference Numbert17521026-36
SentenceMiscellaneous > branding

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540. (M.) William Purdue , was indicted for stealing one silver pepper caster, value 2 s. the property of William Fairfax , Sep. 16 . ++

William Fairfax . I live in Whitechappel . On the 17th of September, about nine o'clock, the prisoner was at my house, he called for a pint tankard of beer and a welch rabbit, there was one Mr. West with him, I brought him a silver salt and a pepper caster. There were some other gentlemen wanted a welch rabbit, and my servant carried them. He went to take the things away from the prisoner's table and missed the pepper caster. I made a strict inquiry, the gentlemen said, they would search each other. I stood close by the prisoner, saw him put his hand into his left hand pocket and shove something down; then we searched him and found it put through his pocket into the lining.

Prisoner's Defence.

I know nothing how it came there. He called Michael Rates , who had known him about three years.

Richard Abel , who had known him two; John James two, Henry Anderson three, Mary Griffin fourteen, and Mary Adams between three and four years, who gave him a good character.

Guilty .

[Branding. See summary.]

Mary Nicholls.
26th October 1752
Reference Numbert17521026-37
SentenceMiscellaneous > branding

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541. (M.) Mary, wife of John Nicholls , was indicted for stealing six sheets, val. 10 d. six linen shifts, val. 10 d. three linen gowns, one silk gown, one camblet gown, one silk petticoat, two linen petticoats, one flannel petticoat, six china tea-cups, six china saucers, and other things , the goods of Elizabeth Manning , widow , Sept. 21 . ++

The prosecutor and prisoner lived both in one house, and the things mentioned were missing September 21. The prisoner was suspected and taken up, some of the goods she had in her room, and the others were found by her direction. The goods were produced in court and deposed to. Guilty .

[Branding. See summary.]

Elizabeth Roberts.
26th October 1752
Reference Numbert17521026-38

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542. (M.) Elizabeth Roberts , widow , was indicted for stealing four linen handkerchiefs, val. 6 d. three linen neckcloths, val. 6 d. one linen apron, val. 2 d. one pillow case, two linen stocks, two linen caps , the goods of John Williams , Aug. 31 . ++

John Williams . I am a cobler in Field Lane . I lost the goods mentioned in the indictment the 31st of August; the prisoner was my servant . She got drunk, and I wondered how she came by the money. She went away, and in about three weeks time my wife found her in the New Market, and taxed her with taking the things. At first she denied, but at last confessed taking them all away, and that she sold a parcel of them in Monmouth Street for six shillings, and one handkerchief she pawned in Shoe Lane for nine pence.

Q. Was she sober when she confessed this?

Williams. She was.

Prisoner's defence.

I deny knowing of half the things. I know of nothing but one handkerchief. Guilty .

[Transportation. See summary.]

Andrew Carrol.
26th October 1752
Reference Numbert17521026-39

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543. (M.) Andrew Carrol , otherwise Dutton , was indicted for stealing one cloth coat, val. 8 s. one linen waistcoat, val. 2 s. one pair of leather breeches, val. 5 s. the goods of George Meanley , Oct. 4 . ++ Guilty .

[Transportation. See summary.]

Eleanor Castle.
26th October 1752
Reference Numbert17521026-40

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544. (M.) Eleanor Castle , widow , was indicted for stealing two blankets, val. 2 s. one linen mantle, three linen caps, two linen waistcoats, and one hundred of pins , the goods of Thomas Duff , Oct. 2 . ++

Thomas Duff is a disbanded soldier ; his wife being big, he had provided the things mentioned against her lying in. He went to see his mother in law in Church Lane, St. Giles's who is blind. He laid the bundle down in her room by her, while he went for some beer, to drink with her before he set out for Cumberland, where he was bound for. When he returned the bundle was missing. The prisoner lived in the same house; she was taken up. She confess'd she stole the things and sold them for three shillings, except the paper of pins, which she gave to the prosecutor again, and which were produced in court. Guilty .

[Transportation. See summary.]

John Wilson.
26th October 1752
Reference Numbert17521026-41
SentenceCorporal > whipping

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545. (L.) John Wilson was indicted for stealing one tea spoon made of brass, and covered with silver, val. 3 d. the property of Joseph Wilson , Oct. 26 . ++ Guilty .

[Whipping. See summary.]

Samuel Brooking.
26th October 1752
Reference Numbert17521026-42
VerdictGuilty > theft under 1s

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546. (L.) Samuel Brooking was indicted for stealing one cotton handkerchief, val. 12 d. the property of Samuel Tyler , privately from his person , Sept. 20 . ++ Guilty 10 d .

[Transportation. See summary.]

Francis West.
26th October 1752
Reference Numbert17521026-43
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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547. (L.) Francis West was indicted for stealing thirty pounds weight of iron , the goods of William Gladwell . ++ Guilty 10 d .

[Whipping. See summary.]

John Werge.
26th October 1752
Reference Numbert17521026-44
VerdictNot Guilty

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548. (M.) John Werge , Clerk , was indicted for making a certain false, forged, and counterfeit bill of exchange, and for publishing it as true, knowing it to be forged, with intent to defraud , Sept. 6 . ++

Alexander Ranney . The prisoner came to the house where I am quartered, (the evidence is a soldier) at the Two Blue Posts, Southampton buildings . I don't know the particular day; it is about six weeks ago. He went into a little room by himself, rung the bell, and called for a pint of beer. It was brought him, after that he rung again, and desired paper, pen, and ink; it was brought to him. I went into the room then, and in about a quarter of an hour he rang the bell a third time. Then he asked me if I would carry a letter to Hay's coffee house, and bring an answer. I carried a letter; it was directed on the outside for Mr. Hays. He had been master of the house. I carried the letter, and delivered it to the gentlewoman of the house. She broke it open, and gave it to a gentleman there to read it. He found a bill in it; I was standing in the room, and heard it read. I remember one part of it was to send two guineas by the bearer, and to have a little watch ready for

him against the Monday following. The gentlewoman said, she would send none. She did not know the gentleman, and inquired of me what sort of a man he was I told her as far as I could. She bid me tell him to come to her. I went to him and told him; he went out of the house.

Cross examined.

Q Was the letter directed to Mr. Hays?

Ranney. It was.

Q. Did not you know the gentlewoman's name was Bly ?

Ranney. I did not know her name. She accepted the letter.

Christopher Bly . I live at Hays's coffeehouse, at the corner of Southampton Buildings, Chancery Lane. I was out at the time the letter was brought.

Q. Have you ever seen the prisoner before?

Bly. I believe I have at my house four or five times. When I came home, about twelve at night, Mr. Gunter, who belongs to the navy office, said to me, here is a forgery upon you by one Mr. Werge; he gave me the letter and the other paper. I knew no such person as Werge.

Q. to Ranney. (He is showed the bill.) Do you know any thing of this paper?

Ranney. I saw Mr. Gunter take such a paper out of the letter in the coffeehouse. I read it, but can't be positive but another may be like it.

Q. Do you know whether this is the letter that you carried there?

Ranney I can tell by the outside of it. He looks upon it. This is like the letter I had of the prisoner, but I will not swear to the identity of it, for the hand that wrote that may write another like it.

Q Did you see him write that you carried?

Ranney. No, I did not.

Elizabeth Bly I live at Hays's coffeehouse in Southampton Buildings. On Saturday the 16th the soldier brought a letter directed to Mr. Hays. He came from the alehouse where we fetch our beer. I opened it and gave it to Mr. Gunter to read, it was such small writing I could not. He read it, and asked me if I knew one Werge ? I said no, I did not. Then I put on my spectacles and read it ; I then sent the soldier to bid the gentleman come to me.

Q. Is this the letter that is produced which the soldier brought?

Eliz. Bly. I believe it is, but can't be positive; Mr. Gunter took it and shewed it to other gentlemen in our house, and it was out of my hands, I believe, for ten minutes. The prisoner came to me about ten minutes after I sent for him. I told him there was a gentleman in the other room that went to school with Mr. Rivington, and said the indorsement was not his hand writing. The prisoner said, only let me have two guineas till Monday, and I'll come and take it up again; he urged there is Mr. Rivington's hand writing for the acceptance of it, saying he was going into the country. Mr. Gunter sent the letter and bill by a porter to Mr. Rivington; the porter return'd and delivered them to him again, and he kept them till my husband came home. Then he gave them to him, and my husband has had them till he delivered them to Mr. Rivington.

Q. to Mr. Bly. When did you deliver it to Mr. Rivington?

Bly. I deliver'd it to him on the Monday morning, about ten o'clock.

Q. to Mrs. Bly. When did the soldier deliver it to you?

Mrs. Bly. I believe about eight at night, Sept. the 16th, and I immediately delivered it to Mr. Gunter. I heard the prisoner tell Mr. Rivington in my house, that he saw Mr. Wilson write Robert Wilson and J. Rivington.

The Bill read to this purport:

Newcastle, Aug. 27, 1752.


Twenty days after date, pay to Mr. Robert Wilson , or order the sum of 40 l. for value received, and place it to my account.

Thomas Oliver ,

Robert Wilson ,

J. Rivington.

To Mr. Rivington, Bookseller, Paul's Church-yard.

John Rivington . On the 17th of September my servant came and told me there had been a bill brought to my house for 40 l. to know if it was a good bill. On the Monday morning following I came to town, and was advised to go after it; for Mr. Bly had been at my house on the Sunday to desire I would go to his house on Monday. I went, and there Mr. Gunter and he told me what I need not repeat here. I asked where this bill was? Mr. Bly came down stairs and gave me this letter and this bill, which I read. He told me it was brought to Mrs. Bly by a soldier in the neighbourhood; they went and fetched him. I asked him how he came by it? He said he had it of a gentleman at the Two Blue Posts in Southampton Buildings. I called for a constable, but could not

get one immediately. The soldier, with Mr. Bly and I, went towards the Buildings. Going along, Mr. Bly said, here is the gentleman. The prisoner was coming along. I said, Sir, is your name Werge? He said, yes, Sir. I said, did you send this letter to Mr. Hays? and shewed in him. He said, yes, Sir, I did I said, did you send this bill inclosed in that letter? I shewed him the bill. I did, Sir, he said. Said I, Sir, you must go along with me then. I called the soldier from over the way; the prisoner said, you need not call any assistance I'll go with you to the coffeehouse ; we went there. I asked him, where he had the bill? He said, of Robert Wilson . Said I, who wrote the name Robert Wilson? He said, Robert Wilson wrote it. Did you see him? Yes, he did, he said. I said, who wrote the name J. Rivington, as an acceptance? He said, he saw Wilson write both the name. Robert Wilson and J. Rivington. I said, that is all I wanted; I have taken all the pains I could to subpena Mr. Gunter here; he desired me not to subpena him. I have done all I could as an honest man to get him here.

Cross examined.

Q. Do you know such persons as Thomas Oliver , or Robert Wilson ?

Rivington. I know no Thomas Oliver . I know one Robert Wilson , but he does not spell his name as this is. I have no such correspondent, at Newcastle or elsewhere.

Robert Witty . I am servant to Mr. Rivington. He is shewed the bill.

Q. Do you know such a person as Thomas Oliver ?

Witty. No, I do not.

Q. to Mr. Rivington. Have you any body to prove that is Thomas Oliver 's hand writing, of Newcastle?

Rivington. I don't know there is such a person.

Acquitted .

William Montgomery.
26th October 1752
Reference Numbert17521026-45

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549. (L.) William Montgomery was indicted for that he, at the general sessions of our Lord the King held at Guildhall, before Sir Robert Ladbrooke , Knt. Lord Mayor of the city of London, and others, did, on the 27th of September, 1748 , there swear that he was beyond the seas on the first of January, 47, to wit, at Rotterdam, with intent to cheat and defraud his creditors . ||.

Mr. Ford produced the records for September sessions, 48, which began on Monday the fifth; by which it appeared, that he came to Guildhall, and took his corporal oath that he was at Rotterdam, beyond the seas, on the first of January, 1747; and also delivered in a list of all his creditors and a schedule subscribed with his name; upon which he received the benefit of the Insolvent Act as being a fugitive.

John Ward . The prisoner lived at the Inn of the Highlander, below Pelican-Stairs, at the bottom of Fox's Lane, in Shadwell. I remember having a summons from him, in order for taking the benefit of the insolvent act as a fugitive, to appear at Guildhall. I was before my Lord-Mayor when he was brought there, and his lordship asked him if he was the same person that had sworn he was beyond the seas, to wit, at Rotterdam, on the first of January, 1747; he said he was the same person that swore it at Guildhall, and had taken the benefit of the Act of Parliament.

Q. How long is this ago?

Ward. I forget the day; it is about a fortnight ago.

Q. Have you seen him write?

Ward. I have, and now have three notes of hand by me of his signing. [He is shewn the name to the schedule ] This is the prisoner's handwriting, I do believe.

Mr. Ford produces a warrant, signed by Sir Robert Ladbrooke , Knt. July 22, 1748; the purport of which was: To let all the creditors of William Montgomery know he was surrender'd into the hands of the warden of the Fleet as a fugitive, and that he had left a schedule of all his real and personal estate, with intent to make oath, the next general or quarter sessions of the peace, that he was beyond the seas in foreign parts on January 1, 1747 ; and having since return'd and surrender'd himself, he intended to take the benefit of the Insolvent Act, upon which the warden of the Fleet was required to bring the prisoner to Guildhall, September the fifth.

William Smith . I remember Montgomery being brought before my Lord-Mayor; he was charged with having sworn that he was a fugitive, and he there owned he was the very person that had sworn, he was at Rotterdam, to take the benefit of the Act, and insisted upon it. He was cleared at Guildhall thereupon, in the year 48. He owed me 47 l. and upwards. I was summoned to Guildhall in 48 as a creditor, but did not go. He lived in 47 within twenty yards of me. I was with Mr. Weymore at his house on the last day of December, 47, and staid till between eleven and twelve o'clock at night. He was at home with us in a little back room.

Thomas Weymore . I was before my Lord-Mayor; there the prisoner said, he was the very person that had taken the oath he was at Rotterdam in Holland on the first of January, 1747, and was discharged by the Fugitive Act thereupon, and that he would stand by it he was the person that was cleared. I was with Mr. Smith at Montgomery's house, in Fox's Lane in Shadwell, on the 31st of December, 7, where we had three eighteenpenny bowls of punch in his back room. He made it himself, and drank with us. I well remember it from several reasons; one is, that one Daniel Goodwin , who is now in Court, had been under misfortunes, and I supplied him with money to carry on a law suit. It was his birthday, he came to me there, and desired I would let him have a little money to keep his birthday. To the best of my knowledge, when I came away, it might be near eleven o'clock at night, and I am sure the prisoner was in the house then. And another circumstance I remember it by is this; I served the prisoner with bread, and I ordered our people not to call any more with bread till I went to ask him for money, which I did that night.

Q. Do you remember seeing Mr. Ward there?

Weymore. No, I do not. I received a summons to appear among the rest of the creditors, but I have had my debt a good while ago; Mrs. Montgomery satisfied me by a note of hand of a sailor's, he came home, and I soon got my money, as I said I knew he was at home, and would oppose his being cleared.

Daniel Goodwin . I remember in 47, the last day of the year, I happened to go to Mr. Weymore's house to ask for him, and was directed to the Highlander, the house of the prisoner; there he was in a little back room, and in going in I followed Mr. Montgomery up the steps, who had a bowl of punch in his hand, going into the room. This was about seven o'clock at night. I told Mr. Weymore I wanted a little money, and he let me have a shilling. Some time after this I said to Mr. Weymore, They say that Mr. Montgomery is going to be cleared by the Act, and was going to mention this; but he replied, Hold your tongue, I am satisfied.

John Ward . I was in Montgomery's house on the 31st of December (the 27th being on a Sunday) in the evening, and remember there was a young man, with whom I drank slip, and that he and I proposed to fight, but I being in liquor, the people would not let me fight; then I proposed to meet on the Thursday night following, which was December 31, 1747, and I went accordingly. There was Mr. Montgomery, he was pleased to say to me, he never knew I was a fighting man before. I then went backwards, and saw Mr. Weymore, sitting with his back to the partition, drinking of punch; I staid there, and drank the old year out, and the new one in.

Isabella Hannah. I was servant to Mr. Montgomery in December, 1747, and he was then at home. I do not remember seeing any of these people there, as they mention, but I know the prisoner was at home on Newyear's day and Christmas day. I left them a fortnight after Newyear's day, and he was at home on my leaving the house.

Eliz. Murrey. I lived in Fox's Lane when Mr. Montgomery did, next door but one to him, and remember he was at home in the year 1747; he did not come much out, but did not mind me as a neighbour. I know I saw him at home on the latter end of December, and the beginning of January; I did not go in very often ; it was said he was abroad by all the neighbours, but I know he was not.

Q. Do you remember Isabella Hannah living there?

E. Murrey. I do very well.

Prisoner's Defence.

I was in Rotterdam at the time.

William Griffice . I went into Mr. Smith's house last month, the day I cannot tell, and asked him if he could tell where Mr. Montgomery was, he said he was in prison; I asked him for what, he replied, for debt; to who? said I, to me, answered he; What, replied I, is there no such thing as bail to be taken? No, answered he. I am forty for that, says I: to which he replied, I do not want to take his life from him, and if he will pay me one half down, and give me good security for the rest, I'll acquit him.

Peter Peterson . I have known Montgomery ever since the year 44. I saw him in Rotterdam in the year 47, some day in the latter end of December, and in January following. I was glad to see him, having before lodged at his houses. He was at the house of one Daniel Buchanan , in St. Peter's Gang. I quitted the house before he went away, but saw him there some days in December, and till January the 22d, or 23d, when I left Rotterdam, and went into the east country.

Q. Was this new stile or old stile you speak of?

Peterson. It was old stile.

Q. Was you in England when he was discharged as a fugitive?

Peterson. No, I was not.

Q. Who was his maidservant in 47?

Peterson. I do not know, I lodged in his house in 44.

Q. Who was his servant in 48?

Peterson. That witness, Isabella Hannah. I went into the west country from Rotterdam, and when I returned, she was there, at Mr. Montgomery's house.

Q. to Isabella Hannah. Do you know this evidence?

I. Hannah. I do, he dined at Mr. Montgomery's table on Christmas-day, 47, along with Montgomery.

Q. to E. Murrey. What time did Isabella Hannah live with Montgomery?

E. Murrey. I cannot say; she did not live long with him, but how many months I cannot tell.

Q. Do you remember Peterson's living there?

E. Murrey. That I cannot say.

Q. to Smith. Do you remember Isabella Hannah living there?

Smith. She was servant there in the year 47.

On Sunday the 22d of December she came to order some liquor, and asked for her Christmas box; I gave her half a crown. I remember she came back, and said Mr. Montgomery would not take half a crown, so I gave her another sixpence. She staid there, I believe, about a fortnight after.

Q. to Weymore. Do you remember Isabella Hannah being servant to Montgomery?

Weymore. I do, it was in 47; I believe she lived there about three months in the whole.

Jane Becham . I know Elizabeth Hannah . Mrs. Montgomery lay in some time in 48, and I went to see her, and Isabella Hannah was servant there then, I believe it was in April or May.

Q. When do you begin the year?

J. Becham: On Lady-day. In December, 47, his wife sent for me to come and dine with her on Christmas-day and Newyear's day, but I could not go ne'er a one of the days. I went about thirteen weeks after to see her, she then told me her husband was in Holland, and was not returned. He before had told me he was going there for debt. My mother was at the same time a creditor.

Jane Underwood . I am a creditor. I believe the prisoner was in Holland, in the year 47, as much as I do that I am here now. He was absent from home may be a week before Christmas day, and before he went away, he came, to take leave of my daughter and son.

Mary Long . I know the prisoner to be a very honest man. I met him once in the city, and he told me his creditors came so fast upon him, he was afraid he must go out of the way a little, till he could make his affairs up. I remember Isabella Hannah lived with him in 48, in the summer time, but believe she did not live there when Mrs. Montgomery was brought to bed.

George Hill. I have known him about five years, but never heard any harm of his character before.

John Shepherd . I live in Nigthingal-lane, and have known the prisoner about three years and a half. He is a downright honest man as far as ever I heard.

Henry Taylor . I live in Nightingale-lane. I have known him twelve years, he has as good a character as any man. I have dealt with him, and he has paid me honestly,

William Callinder . I have known him upwards of ten years, he is a very honest man.

David Lamb . I have known him three years. I never heard any thing to the contrary but what he is a very honest man.

Mr. Seymour. I have known him eight or nine years, and believe him to be as honest a man as any in England.

Mrs. Seymour. I have known him eleven years. He is a very honest man as ever broke bread.

Eleanor Scot . The prisoner went to Holland with me, the first of May was three years. When we landed he went directly from the ship, not as a stranger, and had no porter to go with him. He knew a great many people there, and asked after several particular persons. He was there about a fortnight, and came away before me.

Guilty . Death .

John Lowdey.
26th October 1752
Reference Numbert17521026-46
VerdictNot Guilty

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550. (M.) John Lowdey , was indicted for the murder of Joseph Davise , September 26 . ++

Thomas Davise . I am father to the deceased, and live near the Broad-way, Westminster. I was out on the 26th of September, and when I came home in the evening I was told, my son had received a very bad cut on his head. On the second day he did not appear to be so bad, so that I did not take so much notice of it. In three or four days he began to complain of having a violent pain where he had the cut on his head, and was very bad; he also complained of sickness. I did not see the wound till about five days after it was given.

Q. How old was he?

T. Davise. He was fourteen years of age. He was dressed in bed on Sunday morning, and never got out of bed afterwards. He died the twelfth of October of that blow he received, I apprehend, being in perfect health before, and as fine a youth as ever stood upon the earth.

Thomas Robertson . I am almost sixteen years of age. Lowdey and I were playing at top on the 26th of September, about eleven or twelve o'clock at noon, in the Swish-yard. After he had taken his spin he took up a piece of tyle, and said, which of them can I hit, meaning two or three children with Davise at play in a different company from us. Davise was winding up his top going to spin it, Lowdey threw the tyle directly and it hit Davise on the forehead.

Q. Did he declare at the time who he threw it at?

Robertson. No, he did not.

Q. Did you observe whether he aimed at any particular person ?

Robertson. No, I did not, but to see which he could hit. As soon as it hit him, Davise put his hand to his forehead and ran home. I saw Davise the day after that looking out at the window, and I saw him the day after out in the street going of an errand. I asked him how his wound did, and he said, he thought a little better. I did not see him after till he was dead. The piece of tyle was produced in court, and was almost with three equal angles, each angle about an inch and a half long.

Q. How far distance was the prisoner from the deceased when he threw the tyle.

Robertson. About twenty yards, or a little better. As he was a youth and might not well understand how to describe it by yards, he was asked to describe it by directing from the bench to the court-yard, he made choice of a distance seemin gly near the same number of yards.

Robert Wood . I am fourteen years of age come the fourth of April. I was at play with Lowdey, when he had had his spin he took up a tyle, and said, which of them can I hit, there were Davise and two or three more together. He threw it, as soon as it hit Davise, Lowdey left his half-penny on the ground to Robertson and I, so ran home, and bid us say nothing. We three were playing for a halfpenny a game. I did not see Davise after till I saw him dead.

James Babby . I shall be 14 years old in July. I was in company with Lowdey, Robertson, and Wood, I did not see Davise come into the yard, but I saw him in the yard. As soon as Lowdey had had his spin he took up a tyle that lay just by him, and said, which of them can I hit. He flung the tyle, I did not see it hit Davise, but I saw him put his hand to his forehead and run home directly.

Q. Did he sling it in anger?

Babby. No, Sir, there were two or three with Davise.

Q. Have you seen Davise and Lowdey play together?

Babby. No, never in my life. Lowdey left a halfpenny, and said, don't tell any body and I will leave that for you, meaning Robertson and Wood. I saw Davise the next day in the street, he play'd, but he did not look so well as before. I never saw him after that till he was dead.

Q. Was it thrown in anger ?

Babby. No, I don't think he went to hurt Davise any more than any body else.

Mr. Hethfield. I think it was on the 26th of September, the deceased came to my house with a small wound, not above half an inch in length, on the left side of his forehead a little above the temples, about twelve o'clock. I searched it with my probe, and at that time I thought there was very little danger in it (but wounds in the head are always in danger). He was at my house the Tuesday was se'nnight after the wound was given, or the Wednesday, to be dressed. I know in which time the wound looked excessive well, and I imagined it would do very well. It was about eight or nine days before I saw any symptoms that was dangerous. I was sent for to him, he was then in bed, but even then the wound looked well, his pulse was a little quick and disordered. I found the membrane that covered the bone had been wounded and putrified, and left some part of the bone bare. I did not perceive the wound on the bone when I first prob'd it, but the ninth day I plainly could perceive the wound had penetrated to the bone, and I could feel a little indention, an unevenness, or roughness, as if the bone had been wounded.

Q. Do you imagine that was the original wound, or subsequent?

Hethfield. I am pretty well assured it came from the original blow. The blow did not go oblique but downright. I believe originally all was cut through. I attended him to his death. I was desired before the justice to give my opinion, which I did, that he would do well, but at that time would not take upon me to swear that he would ; upon which the boy was committed to Bridewell. In about four or five days after he took to his bed

and grew very bad. Then I apprehended him to be in great danger, and called in some assistance in the profession, Mr. Baker and Mr. Westbrook. It was their and my opinion, that the deceased should be trepan'd, and I performed the operation. He produced a piece of the scull, on which appeared a little scratch. This I suppose to be done with the tyle, I perceiv'd it when it was in the head, it was immediately under the wound. He lived about four or five days after this, but afterwards I could see but little hopes of his recovery, for between the scull and the dura mater there was a quantity of matter. Two days after it was thought necessary to trepan him a second time. I took another piece of the scull out, where that matter came from. He produces that. This had received no wound; it was the opinion of us three to cut through the dura mater, and lay the brain bare. We did so, and got a great quantity of matter out. He lived about three days after this, and then died; upon which the coroner's inquest sat on the body. Then I sawed off part of the scull, and opening the head, found immediately under where the wound was. There was a great deal of matter congealed between the brain and the dura mater. The other side of the brain was quite clear, and had no inflammation.

Q. Upon the whole, what is your opinion was the occasion of his death?

Heathfield. I believe the original wound was the occasion of it; this might occasion a concussion of the brain by the smartness of the blow. I have seen numbers of instances, where, tho' there were no fractures on the head, people have died, and have had no symptoms for three weeks after receiving the blow.

Prisoner's defence.

The tile was not half so big as that.

William Lowdey, his father, said he would be but fourteen years old next New Year's Day, and called John Steed , Christopher Hand , John Busey , John Nailor , and Henry Bell , (the master where he went to school) who gave him the character of a peaceable, good temper'd lad.

Acq .

Elizabeth Rowland.
26th October 1752
Reference Numbert17521026-47
VerdictGuilty > lesser offence

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551. (L.) Elizabeth Rowland , spinster , was indicted for that she, on the 15th of September , about the hour of twelve in the night, the dwelling house of Thomas Buckaridge did break and enter, one callimanco petticoat, val. 10 s. one bays petticoat, one woman's bever hat, one silk handkerchief, one linen handkerchief, one linen cap, one pair of ruffles, one cotton gown, one linen shift, the goods of Robert Harding , and one cotton gown, the property of Eleanor Williams , spinster , did steal , &c. ++

Robert Harding . I live in Duck Lane, near Smithfield . I have a room up two pair of stairs in the house of Thomas Buckaridge , and work with the paviours . I came home on the 15th of September at night, between seven and eight o'clock. I found the prisoner and my wife talking Welch together. The prisoner told me she was a poor country girl, and had been up in London but about two months. I said to my wife, it is pity to let her go out at this time of night, fearing she should get into bad hands; we'll contrive and make her up a bed to night. We did, with a sack, one blanket , one sheet, some fowl clothes, a pillow, and things that we could spare. We went to bed just about nine o'clock. I saw the prisoner in bed, and wished her a good night. I double lock'd my own room door, but left the key in the door. About a quarter before twelve the watchman alarmed the house, and said the door was open. It alarmed me. My landlord below got up, and fastened it. I went to sleep again, and arose in the morning about five o'clock, as usual. I saw the prisoner was gone, my door open, and the things mentioned in the indictment missing. I found her in St. Martin's round house on the 18th in the morning. One Edward Rowland took her and fetched me to her. We found some of my wife's apparel upon her, and she confessed she had sold one cotton gown at the Duke William's Head, in Kent Street, Surrey. I went there, and found it at an old cloaths shop the next door to it.

Jane Harding . On the 15th of September, in the morning, I was talking Welch to a countryman in the street; the prisoner went past us. I parted with the man, she came back again, and asked me if I was a Welch woman in Welch ? I said, yes; she said, so was she, and asked me if I knew of a place, saying she had been but two months in London. I found she could talk English very well. I took her up stairs and gave her a breakfast; I was washing. She said she would help me, which she did accordingly. Upon this she dined with me. She then said, she would stay till my husband came home, which he did about eight o'clock. The rest as her husband had before deposed. She also deposed to the things as they were produced in court; and that a purple and white gown was the property of Eleanor Williams .

Edward Rowland . I was going into the borough on the 17th of September, about ten in the morning, and saw the prisoner coming over the New Bridge towards Westminster. I have seen her about

two or three years ago in Westminster. When I met her last, she was dressed very well.

Q. Are you a relation of hers?

Rowland. No, my Lord, none at all. I knowing she was run away from the turnkey at Bridewell a little before, came back again, and in the evening a woman said to me, these are the people that have been robbed by Elizabeth Rowland , meaning the prosecutor and another person, who had been inquiring about, and describing her. I said, I met her about ten at night, and described her dress, taking a direction where to find the prosecutor. A little before ten at night I heard she was in the park. I went to see, and met her and a drumer coming over the parade together. They parted at the treasury. I went on, and at the end of the New Bridge, which I thought a convenient place for assistance, I stopp'd her, and told her for what. She said, if I would come with her over the bridge, she would give me all the things. I had her put into the round house, and carried the prosecutor some of the cloaths she had on. He deposed to them, and I heard the prisoner confess some of the things were in Kent Street.

The prisoner had nothing to say. Guilty of felony only .

[Transportation. See summary.]

Lewis Lewis.
26th October 1752
Reference Numbert17521026-48

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552. (M.) Lewis Lewis was indicted for that he, on the king's highway, on Ann Howard , spinster , with force and arms, and menaces, did make an assault, with an intent the money of the said Ann to steal, take, &c . Sept. 21 . ++

Ann Howard . On Thursday the 21st of September, about nine at night, I and my sister Sarah were stopped by the prisoner in Grosvenor Street . He said, Ladies, deliver your money, or I'll blow your brains out. He had a stick in his hand, but did not hold it up. My sister ran down street, and called out for help. Then the prisoner said as before, and put his hand to his pocket. I told him I would deliver my money presently, and immediately called out, Murder and thieves! He ran away, and I after him, calling out as I ran. Richard Bumstead met him and stopped him. I was about seven yards from him at the time, and never lost light of him all the way; it was moonlight

Sarah Howard confirmed the testimony of her sister, and was positive the prisoner was the man who stopped them.

Richard Bumstead deposed to his taking the prisoner, and that the prosecutrix was near him at the time. Guilty .

[Transportation. See summary.]

Richard Dale.
26th October 1752
Reference Numbert17521026-49
VerdictNot Guilty

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553. (M.) Richard Dale was indicted for committing a rape on the body of Mary Acres , spinster , Oct. 11 . ++

Mary Acres . I live with Esquire Martin, in the King's Road, Chelsea . On Tuesday the 10th of this month, master, mistress, and all the family, went from our house at Chelsea, in the evening, to London; there was nobody in the house but the prisoner and I, besides a little child about three years and a half or four years old. I went to bed about eleven, and, as near as I can guess, about twelve the prisoner came to bed to me, and with his pulling me I awaked and struggled with him as long as I could. No person could ever struggle more than I did to get away from him.

Q. In what room did you lie?

M. Acres. I lay in the kitchen all the while I lived there. He did me no harm in the kitchin, upon my word. I ran from him about four o'clock, or a little after, in the morning, up a pair of stairs as high as I could.

Q. Was he naked, or had he his cloaths> on?

M. Acres. He was naked in bed, and had nothing on but his shirt. He got in while I was asleep.

Q. Where had he used to lie?

M. Acres. He usually lay in the hall. He followed me up stairs immediately. There he insisted upon lying with me. I begged it as a favour, with good words, that he'd go away. He said said, he would lie with me; we were both naked at that time. There was a bed in the room; he got me into the bed by violence, under the clothes; I called out. There he had carnal knowledge of my body, without my consent; upon my oath it was not with my consent.

Q. Did any thing come from him?

M. Acres. I was very wet and very bad. My body was penetrated.

Q. How long was you in bed before he had knowledge of your body?

M. Acres. I believe not a quarter of an hour; it was thereabouts.

Q. Did you cry out in the kitchin?

M. Acres. I did, and above stairs too, but there was no help near. I applied to Mr. Brown, a lawyer, the next day in the morning, and told him how I had been used.

Q. Why did you not apply that very day?

M. Acres. I could not, because there was nobody to take care of the house but myself. I can't say he beat or abused me that way.

On her cross examination, she said, she had lived ten months in the family; that during the time till this affair they had lived together as fellow

servants in good harmony; that there was one John Lisk , a fellow servant. That she had no regard for either any more than fellow servants. That she had never declared to any person that she had had improper familiarity with either of them. Being asked whether she had not owned she had with Lisk, to Mrs. Johnson, she answered, she never did say so, and if Mrs. Johnson is willing to say that she has said so, she is welcome; be it to her conscience. That Mrs. Johnson's child lay with her that night; that she does not know what the prisoner was left at home for; that Lisk lay at the bottom of a long field; that after the child was in bed, she sat up a little time; that she said she was cold after supper, and the prisoner offered her a dram, and she refused it; that she drank a little rum and water in a silver cup, which he gave her; that this was in the hall, where she unpinned her handkerchief and gown only, then went into the kitchin and went to bed; that he had business to do in the kitchin, and was backwards and forwards after she was in bed; that he was only in his shirt when he came into bed; that he was in bed with her from about twelve to four. He behaved in a very rough manner there, but no harm done. The child slept all the while, for what she knew; that she struggled as much as possible to keep him off; that she cried out above 3 times; that she was a chaste virgin before that night; that there was a lock upon the dining-room door, and the door where she ran to up stairs had only a button on the inside, by which she thought to secure herself, but he was at the top of the stairs as soon as she; that she endeavoured to hinder his putting her into the bed; that he put her in between the sheets; that before the bed was not turned down, as she believes, but said she was in such an agony and fright, she could not tell exactly as to such things; that when she was in bed, it was past her strength to get away from him; that what he did was against her will in any consideration whatsoever; that she could struggle no longer, and did not consent. Being asked if he laid violent hands on her, she replied no more than to get his will of her; that he lay with her but a very little time after he had got his end; that when the gardner and coachman knocked at the window, about six, he went away from her; and she, at the same time, was in a great agony, crying; that she does not know whether, just at that time, he was in the bed with her or no; that she came down into the kitchin quick after him; that not he, but she, opened the door to let them in; that she had put on only one petticoat in the kitchin before she opened the door; that immediately after she went up into the room above stairs, but could not tell for what. Being asked whether it was to put the bed to rights; she replied it was not. That the prisoner came down, and went to his own bed; that the prisoner got up, went to town, and left them together; that she told Lisk of it, soon after which the coachman was brewing; that she went to Mr. Brown, a lawyer, the next day, by Lisk and Mr. Saunderson's advice ; that she made no complaint to master and mistress, and that Mr. Brown told her it was better to say nothing.

Being asked what she told the justice about marks of lost virginity, she replied: She said there were none, which she said she meant upon the sheets, but she found such on her own linnen.

Prisoner's Defence.

I acknowledge I have laid with her in common. Here is a witness that has seen me in bed with her.

Mr. M - . The prisoner has behaved extremely honest ever since I have known him. I have trusted him with large sums of money. I cannot conceive he would force a woman. I once went into the kitchin, about two o'clock in the morning, and called him by name; I saw him get off of the bed, but whether he was in bed or not I know not; she said, as he got off of the bed, Richard, how can you do so? I was before Justice Fielding; there she swore there were no marks of lost virginity. I do not remember whether she said upon the sheet or shift, but in general; and there also I think she said he had his clothes on while in the kitchin, and that he struggled with her between four and five hours. I am certain of this, as I am of any thing in the world. Then she said she got from him, and he undressed himself before he went up stairs to her. This she swore there. She likewise said he was with her a little better than an hour up stairs. The justice asked her how he came to leave her so soon; her expression was, she would not let him stay any longer.

On his cross-examina tion he said, He had known the prisoner to be in the kitchin, where she lay, frequently at late hours, after she was in bed, for things he has wanted.

Mr. N - . I was before Justice Fielding on the 17th of October, and among other questions, Mr. Fielding asked her if he was naked in the bed in the kitchin; she said he was not, but

in his clothes; and that after she went up stairs, he went into his own room, undressed himself, and went up stairs naked. She likewise added, he lay with her an hour and a quarter up stairs, and that he would have lain longer, but she would not let him. He also asked her if there were marks of lost virginity, either on the linnen, or sheets; in the alternative, she did declare there were not. This question was asked upon her saying she was a perfect virgin before.

Mrs. Johnson. I have lived twelve months in the family the 30th of July. I had been at Rotherhithe, and when I came home this girl was crying. I asked her what she cried about; she replied she had with John ; I asked her how she came to be so foolish as to pitch upon such a fellow as he; she answered, she had passed many a favourable opportunity before, but could not account for this. I told her that I supposed it was not the first time; to which she replied, I never have lain with any but him, and I would not have my mother know it for the world.

John Lidal . I am servant to captain Stevens. On the 18th of October I had some conversation with the prosecutrix, as I overtook her at the end of Drury-Lane. I asked her the reason of her swearing against the prisoner; she answered she would not have done it, but that he said she lay with John, (I don't know his surname) a servant in the family, and she could not tell how to be revenged of him in any other shape, than to swear a rape against him.

Acquitted .

Anne Stitchbourne.
26th October 1752
Reference Numbert17521026-50

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554. (M.) Anne, wife of Charles Stitchbourne , was indicted for receiving a silver watch, value 4 l. knowing it to have been stolen by Randolph Branch and William Descent , the property of John Sheen , from the person of Joseph Brown , on the King's highway , August 19 . ++ .

John Sheen , Steven Mackdonald , and Mary Dormer , deposed as on the trial of Branch and Descent, Numb. 487, 488, in the last Sessions Paper, to which the reader is referred.

Elizabeth Hall , an evidence on the former trial, was fled, so could not be produced to give evidence.

Anne Branch , mother to Randolph, deposed, that her son used in common to frequent the house of the prisoner.

Guilty .

[Transportation. See summary.]

Mary Arnold.
26th October 1752
Reference Numbert17521026-51

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555. (M.) Mary Arnold , spinster , was indicted for stealing one silver spoon, value 10 s. two tea-spoons, one damask table cloth, two diaper table cloths, one linen sheet, and other things , the goods of Joseph Baldock , October 24 . ++

The prisoner had lived servant with the prosecutor, but gone away about five weeks before the goods were missing. She was taken up upon suspicion, having left a pair of shoes in the house which were known to be hers. Most of the goods being found upon her, she confessed, that she got into the house over night; the key being carried up when the family went to bed, she was obliged to abide in secret till the servant maid got up in the morning, unlocked the door, and went up stairs again, at which time she went out with the things mentioned. Guilty .

[Transportation. See summary.]

Old Bailey Proceedings supplementary material. Randolph Branch, William Descent.
26th October 1752
Reference Numbero17521026-1
SentenceDeath > executed

Related Material
The Prisoners condemn'd last Sessions were executed as follows, viz. Randolph Branch and William Descent , for the barbarous and cruel murder of Mr. Joseph Browne , the brewer's clerk, on Friday September the 22d, two days after their condemnation, pursuant to the late Statute concerning murderers
Old Bailey Proceedings supplementary material. Matth.ew Lea, John Wilks, Thomas Butler.
26th October 1752
Reference Numbero17521026-2
SentenceDeath > executed

Related Material
Matth.ew Lea , for a footpad robbery, John Wilks , for a street robbery, Thomas Butler , for returning from transportation, were executed on Wednesday the 11th of October
Old Bailey Proceedings punishment summary.
26th October 1752
Reference Numbers17521026-1

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The Trials being ended, the Court proceeded to give Judgment as follows :

Received Sentence of Death, 2.

William Montgomery - 549

John Simon - 518

Transportation for 14 Years, 1.

Anne Stitchbourne - 554

Transported for 7 Years, 26.

Mary Boyle - 514

Carrol Phenix - 516

Thomas Bulwinkle - 517

John Smith - 527

John Welch - 528

David Solomon - 537

Richard Murrey - 535

Elizabeth Rowland - 551

Samuel Brocking - 546

Susannah Higgs - 502

Edward James - 502

Margaret King - 506

Samuel Jolley - 507

Elizabeth Ash - 512

Richard Walker - 513

Edward Trenter - 520

Jane Richens - 522

Elizabeth Little - 523

John Gore - 525

John Langensilder - 533

John Fling - 532

Mary Arnold - 555

Elizabeth Roberrs - 542

Andrew Carrol , otherwise Dutton - 543

Eleanor Castle - 544

Lewis Lewis - 552

Branded, 3.

Sarah Newby - 522

William Purdue - 540

Mary Nichols - 541

Whipped, 7.

Thomas More - 500

John Wilson - 545

Francis West - 547

Eleanor Froud - 503

John Evans - 504

Hannah Read - 508

Anne Dallison - 510

A List of the acquitted.

Jenkin Davis - 505

Mary Jones - 509

Susannah Bedford - 511

John Mills - 515

Hannah Furness, otherwise Geary - 519

Dorothy Trenter - 521

Edward Spelman - 524

Patrick Hughs - 525

Thomas Woodhouse - 536

Dorothy Bladin - 538

Jane Falstone - 539

John Werge - 548

John Lowdey - 550

Richard Dale - 553

John Smith - 561

Old Bailey Proceedings advertisements.
26th October 1752
Reference Numbera17521026-1

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Trials at Law taken in short-hand by T. Gurney, Writer of these Proceedings, and Author of Brachygraphy, or Short-hand made easy, the 2d Edition, price bound 8 s. To be had of the booksellers in Town and Country.

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