Old Bailey Proceedings.
28th February 1759
Reference Number: 17590228

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Old Bailey Proceedings front matter.
28th February 1759
Reference Numberf17590228-1

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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 Wednesday the 28th, of FEBRUARY, and Thursday the 1st of MARCH 1759.

In the Thirty-second Year of His MAJESTY'S Reign. NUMBER III. for the YEAR 1759. Being the third SESSIONS in the MAYORALTY of The Right Honble Sir RICHARD GLYN , Knt. LORD-MAYOR of the CITY of LONDON.


Printed, and sold by M. COOPER, at the Globe in Pater-noster-Row; 1759.

[ 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 Sir RICHARD GLYN , Knt. Lord-Mayor of the City of London: Sir THOMAS DENNISON Knt. *: Sir RICHARD ADAMS , Knt. + Sir WILLIAM MORETON , Knt. Recorder ++, and others of His Majesty's Justices of Oyer and Terminer for the said City and County.

N. B. The characters * + ++ direct to the Judge by whom the prisoner was tried; also (L.) (M.) by what Jury.

London Jury.

Edward Welch

Corenas Barett

William Matthews

Joseph Braint

John Marquistin

John Malcot

Jacob Reeves

John Austin

Hugh Jones

Richard Sharp

William Judd

Richard Woodyer

Middlesex Jury.

William Parritt

John Gilbert

William Townsend

Henry Russel

Jason Harris

William Cobbot

Charles Evans

William Dickens

John Thomas

John Lee

Peter Thomas

William Flambrough

Elizabeth Jenkins.
28th February 1759
Reference Numbert17590228-1
VerdictGuilty > theft under 5s

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113. (L.) Elizabeth Jenkins , otherwise Bateman , spinster ; was indicted for stealing one man's hat, value 6 s. the property of John Dean , privately in his shop , February 14th , ++

John Dean . I am a hatter , and live in Star-alley in Fen-church street ; on Wednesday the 14th of February I was in my cellar, there is a light comes into the shop: I heard some body come into the shop; I call'd, but no body answered. I went up, and there was the prisoner; I follow'd her out of the shop, and took her at the door, and found my own wearing hat in her apron, and took it out; it is not quite new, I had left it in the shop, about three yards from the door of the shop.

Q. What was it worth when new?

Dean. It was worth 12 shillings.

Prisoner's Defence.

I was going by this gentleman's door, and saw that hat lying on the threshold; I was going to rap at the door, to know if it belong'd to the people there, and he came and took hold of me, and charged me with a robbery.

Guilty 4 s. 10 d .

[Transportation. See summary.]

Margaret Whitehead.
28th February 1759
Reference Numbert17590228-2
VerdictNot Guilty

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114. (M.) Margaret, wife of John Whitehead , was indicted for stealing 2 silver spoons, value 20 s. the property of William Bevan , May 24 , 1758. ++

William Bevan . I keep the Globe ale-house in Hatton-Garden ; I lost two silver spoons on the 24th of May.

Q. Why do you suspect the prisoner?

Bevan. She us'd to come to my house for about a month before, and would usually sit on a bench in my passage, and say she was waiting for somebody: I went out on the 24th of May last, and saw the prisoner sitting there; my servant was then feeding the children with the silver spoons, and when I came home the spoons mentioned were gone.

Q. Did you meet with your spoons again?

Bevan. No, I never did, nor saw the prisoner 'till last Friday was a week; I ask'd her if she knew me ? she at first said she did not; but she soon own'd she had taken two silver spoons and gave them to a woman to pawn;

and if I would stay 'till next day at 10 or 11, she would go along with me and get them again.

Catherine Dun . I have seen the prisoner several times at my master's, Mr. Bevan's house; I had been feeding the children, and had made use of both the silver spoons in the kitchen; the prisoner sat facing the bar; I washed the spoons, and put them in a drawer in the bar.

Q. Was the prisoner so placed that she could see where you put them?

Dun. Yes, she could.

Q. Did you lock the drawer?

Dun. No, I looked for them in about the value of ten minutes after she was gone, and I missed the spoons.

Q. Did you see the prisoner take them?

Dun. No.

Prisoner's Defence.

I us'd to chair for a midwife that liv'd near the prosecutor's; and when she was gone out she would not trust me in her house; so I us'd to go and stay at his house. I saw the spoons lying on the table and a tankard by them, but I never saw the girl put them into the drawer; I live just by, on Saffron-hill, and never absconded; had I been guilty, I should not have staid there. I was very much in liquor when he took me up, and do not know what I said.

Q. to C. Dun. Was any body in your house at the time the spoons were taken?

Dun. There were no body else but the people that belong to our house.

Q. to prosecutor. Was she in liquor when you took her up?

Prosecutor. I believe she might be a little in liquor, but not very much.

Acquitted, contrary to the opinion of the Court .

Catherine Tracey.
28th February 1759
Reference Numbert17590228-3

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115. (M.) Catherine Tracey , spinster , was indicted for stealing one pair of linnen sheets, value 5 s. one cotton gown, value 2 s. and one callimancoe petticoat, value 4 s. the property of Robert Newsham , Jan. 2 . *

Sarah Newsham. I am wife to Rober Newsham, I live in Walbrook with Mr. Trig; I left a box at Thomas Creswell 's, my brother, in Bloomsbury parish , with many things in it; but I only lost a pair of sheets, and a gown and petticoat. I found, when I went there for some things, that the lid of the box had a hinge taken off, and they were gone.

Q. When was this ?

Newsham. It was in last January, I do not know the day.

Q. Did you leave it lock'd?

Newsham. I did; this woman was a lodger in the room where the box was; she was taken up and put in the round-house, I went to her the next morning and charged her with taking the things; she confessed she had taken and pawned them to John Herring and Mrs Gyles; John Herring brought the pair of sheets to Justice Welch's. Produc'd in court and deposed to.

John Herring . I am a pawnbroker; I live in Grafton street St Ann's-Soho. The prisoner pawn'd these sheets to me, one on the 11th of December, the other the 19th; she pledged them as her own property, I lent her 4 s. on them.

Amey Gyles. I live in Dyer's street, and am a pawnbroker. She produced a gown and petticoat: these the prisoner pawn'd to me; the gown on 20th of December, and the petticoat the 2d of January. Depos'd to by the prosecutrix.

Q. to Gyles. What did she say as to whose property they were?

Gyles. She said they were her own. I have known her for years, she has been a customer some time, I thought her a very honest woman.

Prisoner's Defence.

When I took this room, there had been another woman that lodg'd in it, her name was Molly, I do not know her other name; she gave them to me to pawn for her. I own I did say they were my property.

Guilty .

[Transportation. See summary.]

Mary Lovet, Winifred Cox.
28th February 1759
Reference Numbert17590228-4
VerdictGuilty > lesser offence

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116. 117. (M.) Mary Lovet and Winifred Cox , spinsters , were indicted for stealing one thirty-six shilling piece, one moidore, one half moidore, twenty-three guineas and one half-guinea, the money of Thomas Lateward , privately from his person , Feb. 20 . *

Thomas Lateward. I was at the Cock and Hoop in Holborn , last Tuesday evening; I call'd for a pint of beer in the tap-room, where these two prisoners were sitting; I had been drinking a little before, and had the hickups, and they began to make game of me; they insinuated themselves into my company, and said, come, will you give us any thing? I treated them with six pennyworth of rum and water; I took out my bag with money.

Q. How came you by so much money about you?

Lateward. I am book-keeper to Mr John Anson , who keeps a tea ware-house, the Green Cannister, just above Middle-row Holborn.

Q. How much money had you about you?

Lateward. I had 28 l. 10 s. they seeing this, one kept talking to me, while the other took it.

Q. Which pocket had you it in?

Lateward. In my coat pocket.

Q. Which took it?

Lateward. I was in liquor and can't tell; that will come out by the next witness. Lovet was gone out, I ask'd Cox after it; presently she wheedled me out to some house to see for Lovet; when I came there, I miss'd my bag with the money.

Q. Where is the house you went with her to?

Lateward. It is in Tennis-court, No. 2. I ask'd Cox for my money, she said she knew nothing of it, and said the other woman Lovet had got it.

Q. Did you undress yourself?

Lateward. No, I did not; I do not know that I sat down in the house. She got from me and went away; on the Wednesday evening, being the day following, I went in at the Magpye and Horse-shoe in Middle-row, and call'd for a pint of beer, and was complaining of my loss; the maid-servant of the house told me she could inform me about it.

Q. What is her name?

Lateward. Her name is Susanna Edwards ; she said she was in at the Cock and Hoop at the time I was there, and she saw Mary Lovet take the bag out of my pocket; then we went to the Cock and Hoop, and found Cox, and had her secured, and carried her before Justice Fielding. There she acknowledged she had five guineas of my money; she was searched, and five guineas, one shilling, and two-pence, found upon her; which is now in the hands of the constable. In the afternoon I found Lovet, and took her before Justice Welch, and she was committed.

Q. What did Cox say before Justice Fielding?

Lateward. She said I throw'd my bag on the floor, and said to her, she might pay herself, and she took out fifteen guineas for a k - g bout; but I had no criminal conversation with her. She had equipped her self out very fine with my money, as I suppose; silver buckles, cardinal, gold necklace, shifts, and other things.

Susanna Edwards . I was at the Cock and Hoop drinking a pint of beer with a friend, at the time that the prosecutor was drinking there; the two prisoners were sitting at a table when he came in; he was in liquor; this was last Tuesday was seven-night, at night; he had got the hiccups, the two prisoners made game of him; he call'd them bitches, and curs'd them; at last they had some rum and water. I heard Lovet say to the other, By G - d I have got a sigh out of him. I saw him pull out a dun-coloured canvass bag and take out a shilling to pay for the six pennyworth of rum and water; both the prisoners sat on his left-hand side.

Q. Which sat nearest to him?

Edwards. Winifred Cox did, at last they mov'd, and one sat on his right hand, and the other on his left.

Q. What did you see him do with the bag after he had taken out the shilling?

Edwards. I saw him put it into his left-hand coat-pocket; he call'd for a pint of beer afterwards. Soon after this he said his bag was

lost, and made a great many words about it. Then I saw it in Cox's hand, Lovet had taken it out and handed it to her; she said by G - d here is money enough in the bag.

Q. Were the two prisoners both with him at that time?

Susannah Edwards . Yes, they were: then Mary Lovet went and sat on his right hand side; she had sat on the left side before, but they shifted sides; soon after this Lovet got up and went out at the door. My Mother came to call me home, and I went away and left him and Winifred Cox together in the Alehouse; on the Wednesday night, being the day after, the prosecutor came to the Magpye and Horseshoe in Middle-Row, where I live, and was talking to the company of his loss; I hearing of him, said I could tell him who were in the house at the time he was robbed, for I was at that Alehouse at the same time; so I went with him to the Cock and Hoop.

Q. from Lovet. Was I in company with the prosecutor at that time?

Sus. Edwards. Yes: you was.

Robert Hilton . I am a Constable belonging to St Andrew Holborn: on Thursday last I was sent for to the Cock and Hoop in Holborn; the prosecutor was there; he gave me charge of Winifred Cox ; I carried her before Justice Fielding; the prosecutor charged her with taking his money; the Justice ordered me to search her; I was going to search her, and she took five guines, one shilling, and two-pence out of her pocket, and gave it to the Justice, and the Justice gave it me in my hand, and bound me over to come here and give evidence; she acknowledged that money to be the prosecutor's property.

Lovet's defence.

I met Winifred Cox at the corner of Leather-lane that night, and asked her if she had any money; she said no she had none; she gave me her handkerchief to pawn; I took and pawn'd it, and then we went in at the Cock and Hoop, there came in this gentleman; he sat down and had the biccups; we made game of him; he was very much in liquor, and winked with his eyes; he called for a pint of beer; he asked Winifred Cox to let him sit by her; she asked him to give her something to drink; he called for six-penny-worth of rum and water; there came in an oyster-woman; he had three-penny-worth of oysters; he sat in our box; presently he said he mi ssed his money; the landlady said, no body had been near him: then he took a bag out of his pocket, and took out a shilling, and paid nine-pence for the rum and water, and the oysters, and said here is money enough; Winifred Cox and I went out together; I never saw her 'till the next morning, then she called me out to go along with her to redeem some things of her's out of pawn.

Cox's defence.

I came out of the house with the prosecutor; he asked me to bring him to a house where we could go to bed together; I brought him to No. 2 in Tennis Court; I asked him what he would give me; he said nothing 'till he had seen my commodity; the landlady being willing to take money bid me show him, which I did; he pulled out his purse and said, my girl, here is money enough, and flung it down on the floor, and said pay yourself. I took out fifteen guineas, and he laid me down and -, I took the money and put it into my pocket; after that he said he had a five pound note, which he would give me to be concerned another way.

Both guilty of felony only .

[Transportation. See summary.]

John Casey.
28th February 1759
Reference Numbert17590228-5

Related Material

118. (M.) John Casey was indicted for stealing thirty-six silk handkerchiefs, value 5 l. the property of Alice Bell , widow ; privately in the shop of the said Alice , Feb. 12 . *

Alice Bell. I keep a slop-shop in Shadwell : on the 12th of this month between one and two o'clock; I was in the shop, my child cried, I went into the house; then I heard a course sheet of paper rattle; I went into the shop and the prisoner was making his escape out of the shop, he had got thirty-six silk handkerchiefs.

Q. Where were they laid in the shop?

Bell. Upon shelves on the back of the counter: we took him before Justice Berry. The handkerchiefs produced in court and deposed to.

Christopher Brown . I live facing the prosecutrix: the boy ran down the yard, I ran after him and took him by the collar, and the handkerchiefs fell from him on the ground.

The prisoner said nothing in his defence.

Guilty .

[Transportation. See summary.]

Elizabeth Brown.
28th February 1759
Reference Numbert17590228-6
VerdictGuilty > theft under 1s

Related Material

119. (M.) Elizabeth Brown , spinster , was indicted for stealing one rug, value 1 s. two blankets, value 2 s. and one sheet, value 6 d. the property of Thomas Jackson , Feb. 13 . *

Thomas Jackson. I live in Mutton-lane, at the bottom of Clerkenwell-green : on the 13th of this instant Feb. I lost a rug, two blankets, and a sheet.

Q. Did the prisoner lodge at your house?

Jackson. No.

Q. Why do you charge her?

Jackson. Because she acknowledged she had taken them, and carried me to a place where she had disposed of them.

Q. Where was that?

Jackson. she took me to the house of Mr Bell in Peter-street.

Q. Did you promise to excuse her, if she would tell you where the goods were ?

Jackson. No, I did not: these I found the pair of blankets. Produced in court, deposed to by prosecutor's wife.

Mary Bell. The prisoner came to me and told me she was a poor woman, whose husband was at sea, and had three small children, and she was obliged to sell her blankets; I bought two blankets like these of her, but I can't say these are the same.

Q. to Mary Jackson . Are there any marks on them by which you know them ?

Mary Jackson . A cat kittened on one of them and stained it, by which I know that, and the other is the fellow to it.

Thomas Jackson . I found the sheet at Mr Warner's in St John's-street, and the rug at Abraham Benjamin 's in Cow-cross. Produced in court.

Mary Jackson . These are my property, the sheet is coloured by the Ebony wood that our men turn, it makes their linnen and sheets in which they lie, of a yellow colour.

Nathaniel Warner . I am a Pawn-Broker, and live in St John's-street, near the Pound: the prisoner brought this street to me on the 21st of February instant: I lent her eighteen-pence on it, and about two hours after came the prosecutor and she and asked me for it; I show'd it to them; the prisoner acknowledged in my hearing, that it was the prosecutor's property, and returned me a shilling of the money which she had not spent.

Abraham Benjamin . I am a Broker: the prisoner brought this rug to me; she said she had bought a bedstead of me about six weeks before; she said she wanted to dispose of the rug, and I bought it of her.

Prisoner's defence.

I was taken up last Tuesday was a week for these things, and carried before Justice Keeling, and there I was acquitted, and now they try me again.

Guilty 10 d .

[Transportation. See summary.]

Grace Blackbourn.
28th February 1759
Reference Numbert17590228-7
VerdictNot Guilty

Related Material

120. (M.) Grace Blackbourn , otherwise Haseldine , widow ; was indicted for stealing one silk Polonese, value 10 s. the property of John Smith , Dec. 20 . ++

Elizabeth Smith . My husband's name is John Smith : I live in Belton-street, St Giles's : I lost a silk polonese.

Q. What is that?

Smith. It is a thing that does up with ribbons, I keep a lodging room: the prisoner came to my room, and took my polonese up and look'd on it; she had a red cardinal on; she pulled it off, and put mine on; then she wanted me to show her the yard backwards; I went and showed her; but she would not go there: there were men there.

Q. Did she pull the cardinal off again ?

Smith. Yes: he did.

Q. Did she put it on a second time?

Smith. No, she did not: she laid it down

on the bed; she went away and turned short off, and did not come up into the room again, and we looked for it after she was gone, and could not find it.

Q. How soon after did you go up stairs again?

Smith. I went up in five minutes after.

Acquitted .

Robert Costello.
28th February 1759
Reference Numbert17590228-8
VerdictGuilty > with recommendation

Related Material

121. (L.) Robert Costello was indicted for stealing four guineas, and one half guinea, the money of Jos. Swain privately from his person , Jan. 17 . ++

Jos. Swain. I was at Mr. West's house in Newgate Market , I called for a pint of purl; there was the prisoner and another man drinking of punch; the prisoner sat next to me; I was a little sleepy, it was about one in the morning on the 17th of January.

Q. Was you sober?

Swain. I was not sober nor quite drunk, I had been drinking a little with my customers. I fell asleep and awaked with the prisoner's hand in my pocket; I started up and said, your hand was in my pocket; and I felt in my pocket and missed my money, which was four guineas and a half in gold.

Q. Are you sure your had your money when you went into that house?

Swain. I had it two or three hours before, but I did not feel for it when in the house; there were three or four people rose up and insisted on searching him; his hand was clinched as it came out of my pocket; I found nothing in his hand; the prisoner pulled out four guineas and a half in gold, and a six-pence; I asked him how he came by it, and to the best of my knowledge he would not give any account; then I charged him and the other person with him, and they were taken away to the Watch-house, after that the prisoner was sent to the Counter, and the next day examined before Sir Crisp Gascoyne, at Guild-hall, the Alderman was going to discharge him, but a witness appeared, and said he saw the prisoner's hand in my pocket; then the Alderman gave him two days to get friends to his character; at which time he was examined again, and brought some people to his character, and a woman who brought a note of hand of the prisoner's, who said she had lent him 5 l. on the Saturday before; the Alderman told her of the badness of the crime if she foreswore herself, after which she refused to swear it, although she proposed to do it before.

Samuel Jackson . I happened to be drinking at Mr West's in Newgate-market, on Tuesday night or Wednesday morning; there came in the prosecutor with his face all over black, he sat down and called for a pint of purl, or beer.

Q. Was he sober?

Jackson. He was a little in liquor.

Q. Did his face appear dirty or done with blows?

Jackson. It seemed to be the smut of a chimney.

Q. Was any body with him ?

Jackson. No: after he sat and dozed about half an hour, Mr West came and shook him, and said, Sir, you must not sleep here, you had better go to bed; he fell to dozing again, and in about five minutes after, I saw the prisoner's hand in his pocket; he awaked and took hold of the prisoner's arm, and said, your hand was in my pocket; then I got up and said, I saw his hand in Mr Swain's pocket; then Mr Swain said he had lost four or five guineas, he did not know which; then the prisoner pulled off his coat and waistcoat, and pulled out of his breeches pocket four guineas and a half and a sixpence. I saw when the prisoner's hand came out of the prosecutor's pocket it was clinched.

Q. Was he asked how he came by the four guineas and a half?

Jackson. He was: but would give no account at that time: but before the Alderman he said he had it from the proprietors of the St George or Royal George privateer; that he had got a hundred pounds to receive there besides that: he had another hearing before the Alderman, then he brought a woman to prove she lent it him; she would have swore she lent him five guineas the Saturday before, and that he lived in her lodgings; the Alderman telling her the heinousness of her crime if she should forswear herself, then she would not swear it, and said she did not lend it him.

Richard West . This was at my house in Newgate-market, about two o'clock on the Wednesday morning; Mr Swain came in with his face all smutted; he sat down in a box near the prisoner at the bar, who was drinking punch with another man. I saw Mr. Swain dozing, I went and awaked him, and desired him to go home; after which, I went into the bar, and in about five minutes time the prosecutor arose up and said, the prisoner had his hand in his pocket. I came and took hold of the prisoner, and said, Let me see what money you have: he took out four guineas and a half, and put them into my hand; I kept my hand close and ask'd Mr Swain what money he had lost? he said he had lost five guineas; I said, can you remember any particular pieces? he said he could remember he had a bran new half-guinea of the date of 58; I opened my hand to Mr Swain, and said, here is the money which he put in my hand, which was four guineas and a half, the half-guinea was an old batter'd one. I desired him to look at it, he did, and said he believed he could remember two of the guineas, but was not positive; I returned the money to the prisoner as he said it was his own, and call'd in the watchman that was just without my door, and the prisoner was sent to the watch-house, and Mr Swain went with him, and what happen'd after I do not know.

Q. Did you know Mr Swain before ?

West. I have seen him several times, he comes into my kitchen often.

Q. Was you before the Alderman.

West. I was; there Mr Swain said he remembered the last house he had been at, a person had blacked his face, and that he had four guineas and two half-guineas in his pocket, and that he had given one half-guinea to a woman.

Q. Was this on the first or second examination of the prisoner ?

West. It was on the first examination before Sir Crisp Gascoyne.

Prisoner's Defence.

When Mr Swain was before the Alderman, he asked him how much money he had in his pocket, and whether he was sure he had the money when he went into Mr West's house? he answered he was not sure; the Alderman ask'd him, what house he went into? he said he had been in a tavern or bagnio in Covent-Garden; the Alderman ask'd him if he had a girl in his company there? he said he had: the Alderman ask'd him if he had been concern'd with the girl? he hardly denied it; he said, after he came from thence, he went in at the Wheat sheaf behind St Clement's church; he came in at Mr West's with his face all black. and very much in liquor, and sat down in the box by me; I was with a gentleman that is a manager of a ship, I wanted a birth to go abroad. The prosecutor started up, and said, you have had your hand in my pocket; you have my money in your hand; and said I should be searched; I put my hand in my pocket and took out what money I had, and put it into Mr West's hand.

Q. to Jackson. Did you hear the prosecutor say he had been in a house in Covent-Garden with a woman, and had given her half a guinea?

Jackson. He said he had met with a young woman, an acquaintance of his, and they went into a tavern; he said she was not a woman of the town; he said he lent her half a guinea.

Q. to prosecutor. You have given no account of this half-guinea?

Prosecutor. I had two half-guineas in my pocket, the one a new one of 58, on the Tuesday morning.

Q. Did you take any notice of the other?

Prosecutor. No, I did not; it might be an old or a new one, for what I know; and on that day (I mean Tuesday) I received 2 l. 7 s. for a piece of shalloon, and 3 l. 2 s. of Mr Brown in Grace-church street; out of this money I gave John Samuel 's son half a guinea for his Christmas-box, and the woman half a guinea; then when reckon'd it must stand thus:

l. s. d.

In my pocket left on Monday night. 1 1 0

Receiv'd for shalloon 2 7 0

- of Mr. Brown 3 2 0

which amounts to 6 10 0

Out of which, take two half-guineas, then there remains 5 l. 9 s. of which I had four guineas and a half in gold, and the rest in silver, which I divided, and put the gold in one pocket, and silver in the other.

Q. When did you divide it?

Prosecutor. When I was in the room with the woman, after I had given her the half-guinea; then I put the gold in one pocket and silver in another, and then went to the Wheatsheaf behind St. Clement's church, and there spent the evening, and staid 'till about one o'clock; there I was sleepy, and a gentleman there put some black spots on my face.

Q. Did any thing pass between the woman and you after you had put your money into your pocket?

Prosecutor. No, nothing at all, only bidding her a good-night, and then came away.

Q. Are you sure you did not lose your money at the Wheat-sheaf?

Prosecutor. I was with none there but gentlemen of credit.

Guilty. Death .

Recommended to mercy.

Hannah Jedkins.
28th February 1759
Reference Numbert17590228-9
VerdictNot Guilty

Related Material

122. (M.) Hannah Jedkins was indicted for stealing two silver spoons, value 10 s. the property of the Right Honourable Lady Charlotte Torrington ; and one mahogany tea-chest and one cloth cardinal , the property of Phoebe Brett , spinster , Jan. 30 . *

Mr. Dodkill. I am concerned for my Lady Torrington. I was inform'd her house had been robb'd at Hendon ; I went there on the 30th of January, I was told it had been robb'd very early that morning, and that they suspected a woman to have been concerned in it, for they could trace a woman's foot in the gravel walk where they got into the house, and that the prisoner had been seen about the house in the dusk of the evening over night; and upon looking about the house they had found a woman's hat near the window at which they were supposed to enter, which will be proved to be the property of the prisoner at the bar. There were two silver spoons missing, which is all relating to my Lady; the servants lost other things which they will speak to.

Q. Were the spoons ever found again?

Dodkill. No.

Q. Can you tell where they were taken from?

Dodkill. The other witness can speak best to that.

Q. Did the prisoner live near my Lady's house?

Dodkill. She knew the house very well; her sister had been house-maid to my Lady, but she is married away.

Phoebe Brett . I live servant in Lady Torrington's house; I lost a red cardinal, and a mahogany tea-chest, and a tea-spoon and cannisters belonging to it in it.

Q. When did you miss them?

Brett. On the 30th of January.

Q. Where were they taken from?

Brett. From out of the kitchen.

Q. Which way do you imagine they got into the kitchen?

Brett. I believe they got in at a window.

Q. Did you ever find your things again?

Brett. No, never.

Q. Why do you charge the prisoner?

Brett. We suspected her, because her hat was found next morning on the lead that was just by the window at which she got in.

Q. Was the window in such a situation that she could get up to it?

Brett. Yes, there is carv'd work on which she could set her feet and so get up to it; and she knew the house very well and bears a very bad character.

Q. Where did she live at the time ?

Brett. I do not know.

Sarah Bull . I belong to the work-house where the prisoner was put in on her pretending

to be ill. (the hat produc'd) This is the prisoner's hat (it was made of black silk).

Q. Did she belong to the work-house at the time of this robbery?

Bull. No, she has been gone from us two months or more.

Q. What do you know it by?

Bull. By the pieces upon it.

John Gunnis . I saw the prisoner in the parish of Hendon between three and four o'clock in the afternoon the day before the robbery.

John White . I saw her the day before the robbery, between three and four in the afternoon, and saw her three times in all that day, within a little of my Lady's house.

Jan e Seney. (She takes the hat in her hand) I know this hat to be the prisoner's property.

Q. By what do you know it?

Seney. I know it by two pieces on it, one within, and the other without.

Eleanor Dugden . On the Friday after the 30th of January, the prisoner came to my house with a red cardinal on.

Q. What was her business at your house?

Dugden. She came to redeem some things that she had pawn'd with me; I never saw her in a red cardinal before.

Q. Can you say that it was Phoebe Brett's cardinal?

Dugden. No, I cannot.

Prisoner's Defence.

I had not been near my Lady's house since my sister came away.

Acquitted .

Peter Cunniford.
28th February 1759
Reference Numbert17590228-10
VerdictNot Guilty

Related Material

123. (M.) Peter Cunniford was indicted for stealing one serge coat, value 4 s. the property of John Bayton , Feb. 13 . +

John Bayton. I am a carpenter and live in Forestreet; I was at work in Red-lion street, Whitechapel , at one Mr Dobins's; I went to breakfast and did not put my coat on, and when I went to look for it at dinner-time I could not find it.

Q. What time did you pull it off?

Bayton. I pull'd it off about 7 o'clock, on the 13th of February instant.

Q. Where did you lay it?

Bayton. I left it in Mr. Dobins's kitchen; I made enquiry of the labourers if they knew any body that went into the kitchen, and found the prisoner had been let in while we were at breakfast, by one of the labourer s.

Q. Did he work with you there?

Bayton. No; I have heard since that he had worked there, but he had no business there then; I got a warrant against him on suspicion of stealing it, and took him up and charged him with it; this was on the Thursday following, he at first deny'd it 'till he saw the labourer come that let him in, then he own'd it, and cry'd.

Q. What is that labourer's name?

Bayton. I do not know.

Q. What did the prisoner say he had done with it?

Bayton. He said he had sold it in Rag-Fair.

Q. Did he say at what house?

Bayton. No, he did not.

Q. Did you ever get your coat again?

Bayton. No, I have not.

Q. Did you describe your coat to him when you accus'd him ?

Bayton. No, I did not.

Q. Did he own what time he took it?

Bayton. No, but he own'd he took the coat that I was enquiring after.

Q. Were there any other coats with yours.

Bayton. There was none but my partner's, and that was not taken away; there were two books in my coat-pocket, I ask'd him what he had done with them, he said he had taken and hid them.

Q. Did you go in search for them ?

Bayton. We did, but could not find them.

Cross examination.

Q. Did he confess this of his own accord, or did you make use of any threats or promises to him ?

Bayton. No, neither.

Q. Do you know Francis Simonds ?

Bayton. I do.

Q. Tell the conversation that past between you and him.

Bayton. I went to him, and he said he should be willing to satisfy me.

Richard Instant . I was present when the prisoner was in custody in the constable's house, he deny'd at first being near the place in Red-lion-street, but when the labourer was brought that let him in, he fell a-crying, and said he did steal the coat.

Q. Was the labourer at work at the same house?

Instant. He was.

Q. Where is he?

Instant. He is not here.

Thomas Hatcher . I was at work at Mr Dobins's house at the time, in Red-lion street; the prisoner had been at work there a week before with me: I was at the constable's house after he was taken up, and heard him own that he had stole the coat, and sold it in Rag-Fair for five shilling. The prosecutor mentioned two pocket-books being in the coat-pocket; the prisoner said he had hid them in Whitechapel, we went to the place he mentioned, but could not find them.

Q. to prosecutor. Were they two pocketbooks which were in your coat-pocket?

Prosecutor. One was a pocket-book and the other a printed book.

Cross Examination.

Q. Do not you know that the prisoner has had the calamity of having his skull broke, and is sometimes out of his senses?

Hatcher. I did hear so.

The prisoner said nothing in his defence, but call'd some witnesses to his character.

For the Prisoner.

Francis Simonds . The prisoner is my brother; when he was first charged with this he sent for me, I went to him, I asked him about taking the coat away, and he denied it; he he is half foolish and thick of hearing; they persuaded me that he did own it; he said they told him if he would own it so that other people might be cleared, they would let him go about his business, and that he was frighted, fearing he should go to goal, so that he said any thing; his head was torn to pieces by a dog when he was about two or three years of age, and at times he is not capable of giving a reasonable answer.

John Simonds . I married the prisoner's sister-in-law; on the 18th of this month the prosecutor came to me, and said he had been to see this poor unhappy creature in Bridewell, and said, What do you design to do? said I, I do not think him guilty: said he, I'll come to any terms, satisfy me for my trouble, and I'll not trouble myself about it.

Q. How is the prisoner as to his understanding?

I. Simonds. He is an idiot, he can't give a rational answer; ask him a thing twice, and he will give two different answers.

Q. What is his character?

I. Simonds. I never knew him guilty of any felony before.

William Willet . I have known the prisoner about 6 or 7 years; he work'd for my father and me about 5 or 6 years.

Q. What is his character?

Willet. We look upon him to be an honest fellow, he is an obstinate insolent fellow.

Q. What are you?

Willet. I am a plaisterer.

Q. What was he for a workman?

Willet. He was pretty well for that.

William Cutler . I have known him several years, and have work'd with him in several places; I never heard the least stain in his character

in the world; I never knew him but an honest fellow.

Q. How is he for understanding?

Cutler. I take him to be very foolish.

Q. How long have you known him in the whole?

Cutler. I have known him 12 years or thereabouts.

Robert Coake . I have known him about a dozen years, and have work'd with him many a time; he always behaved well, he is a little foolish.

Q. Do you really think him so?

Coake. I take him to be next kin to an idiot.

Jacob Ticknal . I have known him about ten years.

Q. What is his general character?

Ticknal. I always looked upon him to be a hard working fellow, I have worked with him in several places.

Samuel Scarret . I lodged with the prisoner about four or five years, and worked with him as long; I never heard any thing bad of his character; he was once torn to bits by a dog, and his skull was fractured, and I take him to be silly ever since.

Acquitted .

Nicholas Chatlin, Hugh Cavenhaugh.
28th February 1759
Reference Numbert17590228-11
VerdictsGuilty > theft under 1s; Not Guilty
SentencesCorporal > whipping

Related Material

124, 125. (M.) Nicholas Chatlin was indicted for stealing one iron chain, value 2 s. and one iron hook, value 6 d. the property of William Rickards ; and Hugh Cavenhaugh for receiving the same well knowing them to have been stolen , Feb. 6 . ++

William Rickards . On the 4th of February instant, late in the evening, I went into my Glass-house to see how the work went on.

Q. Where is your Glass-house?

Rickards. It is in the Minories : I found Chatlin there; I asked him what he did there, and desired him to go out; he pleaded poverty, so I let him lie there that night; he was there also the next day, and the day following; then he went away; we soon after missed a chain and hook, and when I came from church the Sunday following, the prisoner was there again, and my people were accusing him with having taken them away; he confessed he had, and that he had sold them for three pence to the other prisoner; the hook was made to take on and off; we took up the other prisoner, and he told us he had sent it to a Blacksmith to have it made into a poker; the poor fellow Chatlin is a foregner and a cripple .

John Bowler . I work for the prosecutor: Chatlin came into our Glass-house, and lay there a night or two, and took a chain away with him, and came on the Sunday night following, and I challenged him with taking it; he owned he had taken it, and carried it to the house of Cavenhaugh where he lodged; I went to Cavenhaugh's and asked him about it; he told me he had carried it to one Hawkins a Smith to make him a poker of it; he owned he had let him have something for victuals and drink; he said he was in bed when it was brought to his house, and that his wife had let him have three pence on it: I went to Hawkins's and found part of the chain. Produced in court.

Q. What is the value of it if sold for old iron?

Bowler. About two shilling or half a crown.

Q. How much was there of it?

Bowler. There might be about ten pounds of it.

Q. What is the price per pound for old iron?

Bowler. The common price is a penny a pound, but this cost my master above half a guinea.

For Cavenhaugh.

Mr. Hawkins. The prisoner Cavenhaugh gave me this chain to make a poker of: he has always bore the character of an honest man.

Prosecutor. Cavenhaugh bears the character of an honest man, I understand since he was taken up; I would not have prosecuted him, had I not been bound over.

Chatlin guilty 10 d .

Cavenhaugh acquitted .

[Whipping. See summary.]

Ann Swinney.
28th February 1759
Reference Numbert17590228-12
VerdictGuilty > theft under 5s

Related Material

126. (L.) Ann Swinney was indicted for stealing seven pair of mens thread stockings, value 17 s. and twelve pair of childrens yarn stockings, value 7 s. 6 d. the property of William Yates , in the shop of the said William, privately , Feb. 13 . ++

William Yates . I am in another business: my wife keeps a Hosiers-shop : I lost seven pair of brown thread stockings yesterday was fortnight, and twelve pair of childrens stockings.

Q. Why do you charge the prisoner?

Yates. She came into my shop when I came home to dinner.

Q. Did you know her before?

Yates. I never see her before to my knowledge: she asked for a yard of quality binding, of a penny a yard, my wife served her.

Q. Where was you then?

Yates. I was in a little parlour near the shop: she bought a yard of binding; my wife turned her back and said she was robbed, after the prisoner was gone; I pursued the prisoner.

Q. Had she been gone out long?

Yates. She was just gone out of the shop: I ran down the alley, and just as I got through the alley I saw her, and cried out stop thief; she fell to running; she threw one bundle away; I still pursued her; a little time after she dropped another bundle; I did not take up the bundles, but overtook her about the middle of Bury-street; I brought her back to my house, and the bundles were brought back by another person.

Q. Did you open the bundles afterwards?

Yates. I did before my Lord-Mayor.

Q. What did the prisoner say there?

Yates. She said she never saw the bundles.

Q. How many pair of stockings were there?

Yates. There were seven pair of mens thread, and twelve pair of childrens stockings.

Q. Can you swear to the stockings ?

Yates. No: but I can to the mark upon the paper, that they were in. I can very safely say they were my goods and taken out of my shop. The stockings produced in court the paper in which they were in was dirty. Here is the dirt upon the paper, that was occasioned by their being dropped in the street.

Q. In whose custody have they been since?

Yates. My Lord-Mayor delivered them to me to produce here on the trial.

Q. Are you sure the prisoner is the woman that came into your shop at that time ?

Yates. I am.

Q. Did you see her drop the stockings?

Yates. I did, both parcels: the first she dropped before she came to the corner, and the other a few yards distance.

Susannah Yates . I am wife to the prosecutor.

Q. How long have you known the prisoner?

Sus. Yates. I have known her I believe about three months: she came into my shop on the 13th of this instant February; I did not see her take the stockings, but I am sure they were in the hole where they usually lie, when she came into the shop, and they were gone when she was gone; she came in for a pennyworth of quality binding; she has come before and her errand was generally for a half-pennyworth of tape, or a yard of quality binding.

Q. Had you any other customers in your shop at that time?

Sus. Yates. No, I had not: our shop has a counter on one side, and the stockings lie on that side that the counter is not on; when I missed the stockings, I called out I was robbed; my husband ran out and she and the two bundles were soon brought in; I know the stockings to be my property; the stockings were brought in by a child about eleven years old, so not capable of swearing.

Sarah Alderman . I was coming down stairs with dinner.

Q. Where do you live?

Alderman. I live servant with Mr. Yates: I saw the prisoner at the bar in our shop; she asked for some quality binding; I put the dinner on the table, then I heard my mistress say that she was robbed; my master and I made all the haste we could after her; she was just gone out; she was walking along; I called out, stop thief, then she set up a run; then I saw her drop one bundle of stockings, and soon

after I saw her drop another; she was taken and brought back to our house.

Q. Did she come back willingly ?

Alderman. She was not unwilling to come: she was charged with taking the two bundles, which were also brought back.

Q. What answer did she make?

Alderman. She said she was never in the shop?

Q. Had you ever seen her before?

Alderman. Yes: I had seen her several times in our shop before then.

Prisoner's defence.

On the 13th of February I very well remember, it being my birth-day; I was going through the alley; I was never in it before above once in my life; there was a man and a woman ran by me; I heard a voice call stop thief. I declare I never was in the prosecutor's shop in my life; a little boy came and laid hold on my cloak, and two women came and beat me very grossly; the man said, you bitch I will make you pay for all I have lost, I have been robbed several times; these were his words I protest, was I never to speak no more.

Q. to Sarah Alderman . Are you sure this is the person that was in your master's shop at that time?

Alderman. I am sure she is the same, I saw her plain, and have seen her there before; and I saw her drop the bundles from under her cloak.

Guilty 4 s. 10 d .

[Transportation. See summary.]

127, 128. (M.) William Wilson was indicted for stealing two saws, value 6 s. the property of Thomas Wale , and Mary Harris , spinster , for receiving the same well knowing them to have been stolen , Jan. 22 . +

Thomas Wale I am a Carpenter : I was at work at a building in Queen Anne's-street, near Marybone ; I locked up my tools in my chest, on the 20th of January at night, being a Saturday night in that house, and on Monday the 22d when I went to work in the morning, I found my chest had been brook open, and my two saws were taken away.

Q. What time did you go there in the morning?

Wale. About six o'clock.

Q. How was it broke?

Wale. The lid was chopped with an ax, I suppose; I went to Mr. Fielding and had them advertised in his paper; on the Tuesday night I went again, and there saw my saws, and the two prisoners at the bar.

Q. Did you hear them examined?

Wale. I can't recollect what was said to them: I never spoke to either of them. The two saws produced in court and deposed to.

Robert Alexander . On Monday the 22d of January, about noon the prisoner Wilson came to my shop.

Q. What shop do you keep?

Alexander. I am a Pawn-broker, and live by the side of the Fleet-market; he brought a saw to pawn.

Q. Did he come alone?

Alexander. He was alone: I asked him his name; he told me his name was Pollard, and that his name was engraved on the saw, there I saw that name engraved; I asked him where he lived, he said he lived with Mr. Jones: I lent him 2 s. upon it; the next morning I was reading the Public Advertiser, I saw this saw expressed particularly, and mentioned to have been stolen; I went to Mr. Fielding's as the advertisement directed, and there was the next evidence John Spence with another saw, and by Mr. Fielding's desire, I went with two men to a house at Marybone, where this Wilson did use, in order to take him, but could not find him; we heard where his lodgings were, and went there, but neither he nor the woman at the bar were at home; the Constable was sent for; he broke their lodging-room door open, and several saws were taken thereout; the woman was coming up stairs, and we took her;

then we heard that Wilson was in the Gatehouse, upon which Mr. Fielding sent a detainer there, and afterwards sent for him to be brought to be examined.

Q. to prosecutor. Was the name Pollard on your saw when you lost it?

Prosecutor. It was.

John Spence . (he produc'd a saw) I took this saw in of the woman at the bar.

Q. Where do you live?

Spence. I live at the corner of Crane-court, and am a pawnbroker.

Q. Where is Crane-court?

Spence. It is by St. Ann's church.

Q. When did she bring it to you?

Spence. She brought it on the 22d of January; I observed in the Advertiser several saws were advertised, and this amongst the rest; so I went in order to find out the woman; she said she lodg'd in Hog-lane, at a breeches maker's; I found a breeches maker, and he told me there was such a woman came there, but did not lodge there; and that there was a little girl there that us'd to come with her. I insisted on the girl's shewing me the woman's lodgings; we went to her lodgings, but she was out; I went again in the evening, and we broke the door open, in order to find some tools that were given an account of before the Justice; as we had just done, the woman came home, and we secured her.

Wilson's Defence.

I am entirely innocent of it; as to Mary Harris , I did not live with her at that time. I had those saws of one Thomas Parker, he told me he was going to sea, and he ow'd me money, and he let me have them for my debt.

For Harris's character.

Charles Drew . I have known Mary Harris seven or eight years, she behaved with industry 'till this other prisoner seduc'd her; and now she is near her time by him: I am really persuaded it is by his influence that she has been drawn into this.

Wilson guilty ||.

|| See Wilson an evidence against his accomplice Charles Fendal, for stealing 72 l. which he owned he found in his prosecutor, John Groves 's chest, he being a carpenter; and that he secreted what he thought proper, and gave Fendal the rest. No. 349, in last Mayoralty.

Harris acquitted .

She was indicted a second time by the name of Mary, wife of William Wilson , otherwise Mary Harris, spinster; for stealing one copper tea-kettle, value 6 d. one linnen sheet, value 1 s. one diaper table-cloth, and one brass candlestick, the property of George Drew , out of a certain lodging room let by contract to William Wilson , to be us'd by him and the said Mary his wife, &c . January 21 . ++

George Drew . I live in broad St Giles's , the prisoner was a lodger in my house; these things mentioned in the indictment were taken from out of her lodgings about the 21st of January.

Q. Did you or your wife let her the lodgings?

Drew. My wife did.

Q. Was you by at the time?

Drew. No, I was not.

Q. Was you at home when she came to take possession of the lodging-room?

Drew. I was.

Q. Did any body come along with her?

Drew. No, she came by herself; I had not then seen the man that was tried with her just now; she brought some things with her and proposed to come at six, but she came at five o'clock; so that I had not time to go to enquire about her character.

Q. Did Wilson come to lodge with her, for the indictment mentions his having taken the lodging.

Drew. He came that same night, and lodg'd with her 'till they were taken up.

Q. How long had they lodg'd there?

Drew. About two months.

Q. Did they pass for man and wife?

Drew. They did; the other prosecutors came to search the lodging-room, the prisoner and Wilson not being at home, the door was lock'd; I gave them liberty to break open the door; the prisoner came home, they took her, they ask'd her where Wilson was; she at last said he was in the Gatehouse Westminster; then I look'd about and miss'd the things mentioned in the indictment out of the room.

Q. Were they part of the furniture of that room?

Drew. They were.

Q. Did you ever find them again?

Drew. She told me they were at Mr. Fell's a pawnbroker, where I went and found them, and carried them to Mr Fielding's; Mr Fell being there, he took them back again, in order to produce here.

Q. How did the woman behave?

Drew. She always behaved herself well, but I belive she has been us'd very ill by the fellow that is just gone from the bar. She once had pawn'd the tea-kettle before, and brought it back again, and I believe, if she had not been taken up when she was, she would have brought the things all again.

Thomas Harrison . I live with Mr Fell a pawnbroker: he produced a tea-kettle, a sheet, a table-cloth, and a candlestick: I took in of the prisoner at the bar such things as these.

Q. When?

Harrison. On the 4th of January.

Q. Did any body come with her?

Harrison. There came a little girl I believe with her sometimes; Mr. Drew fetch'd them away and carry'd them to Mr Fielding's, and then Mr. Fielding ordered them again into my custody; so I can't be positive as to the identity of them.

Q. Were the same things that Mr Drew fetch'd away the same things which the prisoner pledg'd with you?

Harrison. They were the very same.

Q. to prosecutor. Were the goods which you took from the pawnbroker, the very same that were deliver'd back to the pawnbroker at Mr Fielding's again?

Prosecutor. The very same; and these produced are them, they are my property.

Q. Where is your wife, for she let the room?

Prosecutor. She could not come here.

Acquitted .

(M.) William Wilson was a second, and Mary Harris a third time indicted, the first for stealing two saws, value twelve shillings , the property of Christopher Mason , and the other for receiving the same well knowing them to have been stolen , Jan. 22 . +

Christopher Mason . I am a carpenter , and was at work at the same building which Thomas Wale was; I lock'd up my tools on the Saturday night, and miss'd two saws on the Monday morning, my chest being broke open. Then we went about to the pawnbrokers and described them, in order to have them stopped if brought, and then to justice Fielding's, in order to have them advertised.

Q. Have you got them again?

Mason. I have found one of them again; produc'd in court.

John Spensley. I am a constable, I found this saw and several others in the prisoner's lodging.

Wilson's Defence.

I know nothing of the saws, but I believe they will hang any body for the reward, as all thief-takers will.

Wilson guilty .

Harris acquitted .

(M.) Wilson was a third, and Harris a fourth time indicted, the first for stealing two saws, value six shillings; a book called The Builders Jewel, value twelve pence; and a plane, value twelve pence ; the property of Joseph Wilcox , and the other for receiving the same, well knowing them to have been stolen , Jan. 22 . +

Joseph Wilcox . I was at work at this building, I lost the things mentioned in the indictment, and some files, out of my chest, in the building; I had lock'd them up on the Saturday night, and miss'd them on the Monday morning; when I went to work, my chest was broke open. The two saws produced in court and depos'd to.

John Spensley . I found these saws amongst the rest in the prisoner's lodging.

Wilson guilty .

Harris acquitted .

(M.) Wilson was a fourth, and Harris a fifth time indicted, the first for stealing one plane, value one shilling; and one saw, value three shillings , the property of Robert Bridgman ; and the other for receiving the same, well knowing them to have been stolen , January 22 . +

Robert Bridgman . I was at work at the same building as the other prosecutors; I lost out of my chest a trying plane.

Q. Did you ever meet with it again?

Bridgman. I did, at Justice Fielding's: Produc'd in court and depos'd to.

John Spensley . I found this plane in the prisoner's lodging amongst the other things.

Wilson guilty .

Harris acquitted .

(M.) Wilson was a fifth, and Harris a sixth time indicted, the first for stealing two saws, value six shillings , the property of John Dowglas ; and the other for receiving the same, well knowing them to have been stolen , Jan. 22 . +

John Dowglas . I was at work at the same building, and on the Monday morning I found my chest broke open, and miss'd two saws.

Q. Did you ever find them again?

Dowglas. They were found again by the constable in the prisoner's lodging.

The constable deposed as on the other trials.

Wilson guilty .

Harris acquitted .

[Transportation. See summary.]

Ruth Child.
28th February 1759
Reference Numbert17590228-14
VerdictNot Guilty

Related Material

129. (M.) Ruth Child spinster , was indicted for stealing one silver spoon, value 10 s. the

property of Alice Murray , widow , February 14 . +

Alice Murray . I live in Greek-street, Soho .

Q. What is your business?

A. Murray. I live upon my fortune : the prisoner stood at my door for charity, she had neither shoes nor hardly any thing else that could be call'd apparel; I used to take pity on her, and gave her some cold victuals, and an old petticoat, and an old curtain to make her a gown, and other things, and sometimes money, and in return she wash'd my door down; I let her go down into my kitchen to get some victuals which was cold lamb.

Q. How often did you let her go into your kitchen?

A. Murray. Never but once: there was a silver spoon in the dish; as soon as she had eat the victuals she went away; after she was gone we miss'd the spoon; she came about the door the next day; I ask'd her after the spoon; at first she said she left it in the dish and denied taking it; I said, child, that cannot be true, I beg you will tell me the truth that innocent people may not be accus'd; then she fell a crying, and said, one Kitty King , another girl, advis'd her, if ever she got into the house, to take something to make money off to fetch some things that she had out of pawn; then she owned she had taken it, and told me where she had pawn'd it; I went with her to the Pawnbroker and fetch'd it out.

Q. How old do you take her to be?

A. Murray. I understand she is not thirteen years of age; after I had taken the spoon out I was obliged to prosecute he; I recommend her to the mercy of the court.

Q. Where did you find the spoon?

A. Murray. At Mr Coolling's a Pawnbroker.

Q. How near to you does he live?

A. Murray. I live two doors out of Soho square, and he lives opposite St Giles's church.

William Cooling . I am a Pawn-broker; (a spoon produced ) this spoon one Catherine King brought to me; I ask'd her whose it was; she said, it was her aunt's spoon.

Q. What day was it brought to you ?

Cooling. It was brought, to me on the fourtenth day of this instant February about five or six in the evening.

Q. What did you lend her upon it?

Cooling. I lent her six shillings upon it.

Q. Did you know that girl before?

Cooling. I knew Catherine King and her aunt too many years, her aunt lives in very good credit.

Q. to prosecutrix. Look at this spoon?

Prosecutrix. (she takes it in her hand ) This is my spoon, the same which was in the dish when the child eat the cold lamb.

Prisoner's defence.

My mother is dead and my father is a journeyman Baker, he lives at Hampton-court, and I was in great necessity.

Acquitted .

William Ray.
28th February 1759
Reference Numbert17590228-15
VerdictsGuilty > pleaded guilty; Guilty > pleaded guilty; Not Guilty

Related Material

130. William Ray , otherwise William Lewis, otherwise James Cockerham , was indicted for stealing one looking-glass, value 21 s. two linnen sheet, 6 s. and one mahogany tea board, the goods of Thomas Woodhouse , in a certain lodging room let by contract, &c . January 20 .

To which he pleaded Guilty .

He was a second time indicted for stealing one copper pottage-pot and cover, value 13 s. the property of Thomas Woodhouse , Jan. 20 .

To which he also pleaded Guilty .

He was a third time indicted, by the name of James Cockerham , for that he did feloniously make, forge, and counterfeit, and cause and procure to be falsely made and counterfeited, and willingly acting therein, a certain promissory note to this purport:

No. 1884. Sept. 18, 1758. I promise to pay to Mr James Cockerham , or order, three months after date, the sum of seven pounds, three shillings, for value received by

Banjmn. Nassh.

7 l. 3 s. 0 d.

and for offering and publishing the same, well knowing it to have been falsely made and counterfeited. ++

Richard Freeman . He produced a note of hand. This I had of Charles Howard .

Q. What did you do with it?

Freeman. Matthew Hooper was so kind as to go with it for me to Benjamin Nash , Tallow-Chandler, in Fetter-lane.

Charles Howard . (he takes the note in his hand. ) The prisoner at the bar indorsed this note to me and desired me to get him cash for it.

Q. Did you see him indorse it?

Howard. I did: I went to my friend and got him cash for it.

Q. Who do you mean by your friend, name him.

Howard. It is Mr Richard Freeman : I looked upon the note to be a very good note when I took it.

Q. Did you ever see Mr Nash write?

Howard. No: I never did.

Q. Did Mr Freeman let you have the money ?

Howard. He did: there was about three shillings allowed for discount.

Q. Did you read the note at the time the prisoner indorsed it?

Howard. I did.

The Note read to this purport.

No. 1884. Sept. 18. 58. I promise to pay to Mr James Cockerham , or order, 3 months after date, the sum of 7 l. 3 s. for value received by

Benjamin Nash .

7 l. 3 s.

Q. Was you not tried for forging this very note?

Howard. I had the misfortune so to be tried *.

* See the trial of Howard, No. 111. in last Sessions Papers.

Q. Do you know that Cockerham might have absconded had he been so minded?

Howard. I believe they might have taken him before they did.

Q. Did you ever hear that he absconded?

Howard. He was not at the same lodgings afterwards, as he was when I took the note of him: I bringing the note to Mr Freeman they took hold of me.

Matthew Hooper . I carried this note ( holding it in hand) to Mr Nash for payment.

Q. What was done upon that?

Hooper. Mr Nash stopped me and the note too; then I told them who brought it to Mr Freeman, and Howard was taken up afterwards.

Cross Examination.

Q. Are you acquainted with Mr Nash's hand-writing?

Hooper. No: I am not at all.

Robert Williams . I am acquainted with Mr Nash the Tallow-chandler in Fetter-lane, and have been from his infancy.

Q. Have you ever seen him write?

Williams. I have several times.

Q. Are you acquainted with his character and manner of writing?

Williams. I am.

Q. How does he spell his name?

Williams. Not as this is: this is Nassh, he spells it with a single s.

Q. How does he spell his christian name, Ba or Be?

Williams. I think he spells it Ba, but I am not sure.

Q. Look upon the note, do you think this is his hand-writing ?

Williams. I believe this is not his handwriting.

Q. Why do you believe so ?

Williams. This is not like his character or way of writing.

Cross Examination.

Q. How often may you have seen Mr Nash write ?

Williams. I may have seen him write three or four times.

Q. Was it before this indictment was laid?

Williams. Yes.

Q. Can you take upon you to know the cut and construction of a letter, from only seeing him write four times?

Williams. I should know his hand-writing I believe.

John Needham . I have been acquainted with Mr Nash the Tallow-chandler in Fetter-lane, about a year and a half.

Q. Did you ever see him write his name?

Needham. I have.

Q. When?

Needham. A little before Christmas.

Q. What was it about?

Needham. I am a Publican: we have a club at our house which he does belong to; it was a beer club, and he was for altering it, and he wrote this, [producing a paper writing,] here is his name at the bottom: I have seen him write divers receipts in my house.

Q. Did you see him write before September last?

***The Second Part of these Proceedings will be published in a few Days.

Old Bailey Proceedings front matter.
28th February 1759
Reference Numbert17590228-15

Related Material

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 Wednesday the 28th, of FEBRUARY, and Thursday the 1st of MARCH 1759.

In the Thirty-second Year of His MAJESTY'S Reign. NUMBER III. PART II. for the YEAR 1759. Being the third SESSIONS in the MAYORALTY of The Right Honble Sir RICHARD GLYN , Knt. LORD-MAYOR of the CITY of LONDON.


Printed, and sold by M. COOPER, at the Globe in Pater-noster-Row. 1759.

[Price Four-pence.]


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

JOHN NEEDHAM . I can't say I have.

Q. to Hooper. When did you offer it in payment?

Hooper. I offered it the day it was due, with three days of grace, that was December 21.

Q. When did he write this paper you produce?

Needham. I saw him write it about two months ago.

Q. Did he write it in the same character as he us'd to write receipts?

Needham. He did.

Q. Had you seen him write before that?

Needham. I have, divers times before.

Q. Look at this note (in question) he takes it in his hand.

Needham. I believe it is no more his handwriting than it is mine.

Q. Is it your writing?

Needham. No, it is not.

Q. How does he write his name, Benjamin, Ba, or Be?

Needham. He writes it Be.

Q. How many s's in Nash ?

Needham. Only one.

Q. to Williams. How often do you think at most, you have seen Mr Nash write before Christmas last?

Williams. I believe I have seen him write five times.

Q. Have you ever seen him write his name Benjamin at length?

Williams. I don't know that ever I did.

Q. to Needham. Did you ever?

Needham. I never did, to my knowledge.

Q. Is the letter N in Nash as he usually writes ?

Needham. No; this is a large small n, he always us'd to make a large capital N.

Prisoner's defence.

I knowing myself innocent, never kept out of the way; the prosecutor wrote that note in my room, because he was bound in a bond of twenty pounds, and this he wrote to make the deficiency up to me; I gave him two guineas out of the money, and the remainder I put to

the use that I wanted it for. I have often had money of him and he of me.

Q. to Needham. Is Nash looked upon to be a man of good circumstances?

Needham. He is, and has been, so long as I have known him.

Q. Has not he lately married his mistress?

Needham. He has.

Q. What were his circumstances before?

Needham. That I don't know; he was apprentice when I came there, he always paid me very honestly.

Q. Was he a poor fellow?

Needham. I never heard any body reckon him so.

Q. to Williams. When did he marry his mistress ?

Williams. About four months ago, or better.

For the prisoner.

Henry Cockerham . I live in Horsley-down, Southwark.

Q. What are you?

Cockerham. I am a lighter-man, and dealer in coals.

Q. Do you carry on a large trade ?

Cockerham. I do.

Q. Do you keep a wharf?

Cockerham. No, I do not; I keep lighters and barges.

Q. What conversation has past between the prosecutor and you relating to this affair?

Cockerham. Mr Nash has told me several times, that whenever the note became due he would take it up; he said he had got a warrant against the prisoner, and shew'd it to me, but he said he would not hurt a hair of his head.

Q. What relation is the prisoner to you ?

Cockerham. He is my brother?

Q. What was the occasion of your brother shifting his lodgings?

Cockerham. It was because the person where he lodg'd was in trouble, and is now in the Poultry Compter.

Q. Did you ever see the note?

Cockerham. I did the day it became due.

Q. Did you see Mr Nash about that time ?

Cockerham. I did.

Q. Did he say any thing to you about it ?

Cockerham. No, not as I know of.

Q. Did he say any thing to you about it's being his hand or not his hand-writing?

Cockerham. No; but he always told me whenever the note became due he would pay the money.

Q. Did you read the warrant that Mr Nash had?

Cockerham. I did.

Q. What was done with it?

Cockerham. He afterwards delivered it to Mr Braddock; he said he never would execute it, or look after him; and his attorney said so too, a great many times.

Q. In whose hearing has Mr-Nash said this?

Cockerham. In Mr Foster's, and Mr Franklin's, a master cooper in Thames-street.

Q. Where did the prisoner lodge?

Cockerham. He lodg'd with his mother, and she was arrested.

Q. Has he been in the neighbourhood since that warrant was against him?

Cockerham. That he has, several times, to my knowledge.

Q. Do you know that the prosecutor ever saw him?

Cockerham. I don't know that.

Cross Examination.

Q. When your brother went away, where did he go to live?

Cockerham. He went to Rosomon's-row, hard by London Spaw.

Q. What name did he go by?

Cockerham. He went by the name of James Cockerham.

Q. Did he never go by the name of William Ray ?

Cockerham. No, I never heard it 'till this day that he went by any other name.

Q. Was he under any misfortunes?

Cockerham. He has been arrested.

Q. Was he under any when your mother was arrested?

Cockerham. No.

Q. Had you no discourse with Mr Nash about the note?

Cockerham. No.

Q. Did they show you the note?

Cockerham. Yes, and the warrant too?

Q. What was the warrant for?

Cockerham. It was on suspicion of forgery.

Q. Did you understand what it was for forging?

Cockerham. I understood it was for forging a note of hand on Benjamin Nash .

Q. How came you not to ask Mr Nash what he meant by going before a Justice of peace, and getting a warrant for your brother, when he own'd it to be his own hand-writing, by saying he would never hurt him?

Cockerham. What reason had I to ask him that?

Q. What was the purport of meeting Mr. Nash?

Cockerham. He sent me a letter in regard to the note.

Q. What about the note?

Cockerham. He said he had got a note come to his hand.

Q. What note?

Cockerham. The note which my brother, he said, had forged upon him.

Q. Did he ever own or deny to you, that it was his own hand-writing?

Cockerham. He never own'd or deny'd it.

Q. Then you did not treat it as a forged note.

Cockerham. I don't know that it can be prov'd to be his hand-writing.

Q. When he had said he would take up the note and pay it when due, what did you conclude then?

Cockerham. I concluded it had been a joint thing between them both.

Q. How a joint thing ?

Cockerham. I imagined it must be his own note.

Q. Was Mr Braddock by?

Cockerham. He was when the prosecutor declared he would never execute the warrant.

George Foster . Mr Nash has told me in several companies, he would own the note, and take it up, and pay it whenever it became due.

Q. Who was in hearing of this?

Foster. There were the prisoner's brother Mr Cockerham, and a cooper in Thames-street, and Mr Braddock; he said he would not look after him; he said, while they were in friendship he would own it. I heard the prisoner say Mr Nash was bound in a bond for him for 20 l.

Cross Examination.

Q. What was the reason of the prisoner's leaving his lodging?

Foster. He lodg'd with his mother, and she was in trouble?

Q. What did Mr Nash mean by owning of it, did he say it was his note?

Frster. He never said to me that it was, or was not.

Q. Suppose you was to give a note, should you talk of owning your own note, or owning a note that another man made in your name?

Foster. If I made a note not intending to pay it, I might say I would own it, by way of screening my friend.

Q. Have you had any conversation with the prisoner at the bar about it?

Foster. I don't know that I am bound to answer your questions.

Q. Have you heard him confess this or not?

Foster. I never heard him really confess it; I once heard him say in a slight manner, Mr Nash and he knew very well how it came.

Q. Have not you heard the prisoner say something about the garret?

Foster. I heard him say he was in the garret when the note was made.

Q. Did you tell Mr. Needham the prisoner confess'd to you he made this note in his mother's garret?

Foster. I said to Needham, the prisoner confess'd to me, that Mr. Nash and he made it together?

Q. to Needham. Do you know Mr. Foster?

Needham. I do.

Q. What conversation had he and you together?

Needham. He told me a day or two before the note became due, that he had been along with Cockerham the prisoner, and he found how it was, and that Cockerham had drawn it in his mother's garret, and Mr. Howard did not like it, and he scratched the date out.

Q. Give an account of the very words that pass'd as near as possible?

Needham. Two or three days before the note came to hand, Foster came into my tap-room; he said he had been and found out Mr Cockerham and he told him.

Q. What Cockerham do you mean?

Needham. I mean the prisoner at the bar; he said, he told him that he drew the note himself in his mother's garret, and indorsed it to Mr Howard, and Mr Howard disliked the date of it and scratched it out, and dated it again, and paid it away to Mr Freeman in Woodstreet.

Acquitted .

[Transportation. See summary.]

Richard Neive, Ralph Weatheral.
28th February 1759
Reference Numbert17590228-16
VerdictNot Guilty

Related Material

131. (M.) Richard Neive , and Ralph Weatheral , were indicted for stealing half a hundred weight of tobacco, value 20 s. the property of Anthony Bacon , February 23 . +

Anthony Bacon . I was going on board my ship last Friday in the afternoon.

Q. Where does she lie?

Bacon. She lies off Bell wharf, St Paul's Shadwell ; as I was upon the wharf, I saw a boat lie under my ship's stern; I saw something throw'd out of my stern-port, as I thought into the boat; I went to the boat as it was putting off, and there I saw a bag which had been taken in out of the water, which I imagined had been tossed over-board out of my stern-port: there was the prisoner Neive in the boat, and the bag full of tobacco; I took him and the tobacco into my possession; I desired him to go on board and show me the person that threw it out of the ship, he went on board with me.

Q. How much would the bag hold?

Bacon. It would hold about half a hundred weight; he said, he did not know what it was, but upon hearing somebody call sculler, he rowed there and took it in; when on board he showed me the other man, named Goodwin, I took and brought him on shore, but before we got to the justice's he got away.

Q. What was he?

Bacon. He is, what we call a lumper: that is, one of the men that we hire to clear the ship of the goods.

Q. What have you to say to the other prisoner Weatheral?

Bacon. I saw him go out of the stern-port of the ship to assist Neive in taking the bag out of the water into the boat, and before I came to him he went out of the boat in at the stern-port again.

Q. What was he?

Bacon. He belong'd to the ship .

Q. What did Weatheral say when he came into the ship?

Bacon. He show'd me Alexander Goodwin , and said he was the man that toss'd it out to him.

Q. What reason have you to imagine either of these prisoners had a hand in stealing this tobacco?

Bacon. I imagine Goodwin had hired them to come off with the tobacco.

Q. Are there any other circumstances than what you have mention'd?

Bacon. No.

Q. What did Weatheral say?

Bacon. He said they called sculler.

Q. Can you show that to be a false pretence.

Bacon. No.

Christopher Brown . I came to London on Friday betwixt the hours of two and three, a person said there is a boat at the stern of the ship, what can they be doing; we staid and look'd, and saw something come out at the stern

of the ship; then we saw this Weatheral come out to assist getting it out of the water into the other boat.

Q. Where was Weatheral at the time the parcel was thrown out?

Brown. I was informed by the mate he was in the gun-room.

Q. Where was Neive at that time?

Brown. He was in the boat: after Neive had said Alexander Goodwin toss'd it out, we charg'd an officer with Goodwin; but before we could get him to the justice's, when he came on shore, he stripp'd off his great-coat and ran away.

Both acquitted .

John Bennett.
28th February 1759
Reference Numbert17590228-17

Related Material

132. (L.) John Bennett , was indicted for stealing one silk handkerchief, value 10 d. the property of a person unknown, Feb. 6 . +

William Johnson . On the sixth of Feb. instant, between the' hours of eight and nine at night, I was putting a letter into the post-office, in the Fleet-market , and by the light of a lamp I saw the prisoner at the bar put his hand into a gentleman's pocket.

Q. Whereabouts was the prisoner?

Johnson. He was near the coffee-house door.

Q. Was any body between you and the prisoner?

Johnson. No: I saw him take a handkerchief out of the gentleman's pocket; upon that I held out my arm to take hold of him; he seeing that, endeavoured to escape me, and got down the Fleet-market, and at the same time flung down the handkerchief towards the foot way; I laid hold of him and held him fast.

Q. Did you observe at that time what sort of a handkerchief it was.

Johnson. That was impossible for me to do.

Q. What did it appear like?

Johnson. It appeared as a thing like a handkerchief.

Q. Did you see it in his hand?

Johnson. I did, and saw him fling it out of his hand; I called to the gentleman who was just by, and said, Sir, you have had your pocket picked; he instantly turned about, immediately a woman stooped down and took up the handkerchief; the gentleman with an oath, said, it is my handkerchief.

Q. What was he?

Johnson. He is a recruiting officer belonging to the army. A handkerchief produced in court.

Q. Is this the same handkerchief?

Johnson. It appears to be the same as far as I can say: it was produced before the constable.

Q. What did the prisoner say for himself?

Johnson. He asked me what I meant, when I laid hold on him; and when we came into the Watch-house, there he denied the taking of it, and was very saucy with his tongue.

Q. Did he ever own it?

Johnson. No: he continually denied it while I was with him.

William Cusbee . Mr. Johnson, that has given his evidence, came with one Captain Daniel to the Watch-house with the prisoner; there Mr. Johnson charged him with taking a handkerchief out of Captain Daniel's pocket; Captain Daniel came before my Lord-Mayor the next day, and swore to this handkerchief, that is here produced, to be his property.

Q. Where is Captain Daniel?

Cusbee. He is gone to the West of England, a recruiting.

Q. to Johnson. Are you sure you saw the prisoner's hand in the Captain's pocket?

Johnson. I am certain of it, as I am that I now see your Lordship; and saw him take something out and fling it on the ground; which I have all the reason in the world to believe to be the handkerchief, which the Captain swore to before my Lord-Mayor.

Prisoner's defence.

I had made half a holiday, and had been over the water to drink along with a friend; I was at the top of Ludgate-hill, coming down towards the New-market; there came a parcel of people and said, I had picked a gentleman's pocket of a handkerchief and threw it down: I never touched the gentleman.

To his character.

Thomas Wheatly . I live next door to where the prisoner was born.

Q. What are you?

Wheatly. I am a master Brewer: I have known him seven or eight years.

Q. What is he?

Wheatly. His father is a Doll-maker , and he the same.

Q. Where does he live?

Wheatly. He lives in George-yard in Old-street, with his father.

Q. What is his general character?

Wheatly. I never heard any thing of him but that of an honest fellow all the time I have known him.

Q. Have you known him down to this present time?

Wheatly. I have to the time of his being taken up.

John Rogers . I live in Old-street, where the prisoner was brought up.

Q. What is your business in the neighbourhood?

Rogers. I am a Baker.

Q. How long have you known him?

Rogers. I have known him about six or seven years.

Q. What has been his behaviour?

Rogers. I never heard any ill of his character 'till this happened.

Richard Granger . I live in Old-street.

Q. What are you?

Granger. I am a publican and keep the sign of the George; I have known the prisoner about a year; he is a Doll-maker.

Q. What is his general character?

Granger. I never heard but that he is a very honest man.

Q. Did he use your house ?

Granger. I don't know that he was ever in my house in my life.

George Bennet . I live in Golden-lane near Old-street: I have known the prisoner near two years, he has lived with his friends in Old-street ever since I have known him, only when he was abroad.

Q. When was he abroad?

Bennet. He was abroad on board a Merchant-man, about a year ago.

Q. What is his general character?

Bennet. I never heard of any misdemeanour of him in my life.

Alice Godwin . I have known the prisoner from a child; he worked for me 'till this happened.

Q. He has been at sea, has he not?

Godwin. He has worked for me ever since he came from sea.

Q. In what business did he work for you?

Godwin. He is a Carver of Babies for me; I deal that way, and sell them to shops.

Q. What is his general character?

Godwin. I never heard any ill of him.

Sarah Grouse . I have known the prisoner six or seven years; he has been at sea along with my son.

Q. How long was he at sea?

Grouse. Almost two years.

Q. What is his character?

Grouse. He is a very civil lad.

Guilty .

[Transportation. See summary.]

Ann Kendall, Martha Tame.
28th February 1759
Reference Numbert17590228-18
VerdictGuilty; Not Guilty

Related Material

133, 134. (L.) Ann Kendall , and Martha Tame , spinsters , were indicted for stealing one cloth coat, value 2 s. 6 d. one flannel waistcoat, value 1 s. one pair of breeches, one shirt, three linnen handkerchiefs, one pair of mens shoes, one hat, one perriwig, one pair of silver buckles, one pair of silver sleeve buttons, one half-guinea, and fourteen shillings in silver ; the goods, chattels, and money, of William Langham , Jan. 23 . ++

William Langham . I lost a coat, a hat, a wig, a shirt, a waistcoat, a pair of breeches, a pair of shoes, a pair of silver buckles, three handkerchiefs, a pair of silver sleeve buttons, and half a guinea; I believe Martha Tame took them.

Q. Why do you believe so?

Langham. Because we all went to bed, and in the morning I missed them and her also.

Q. What was she?

Langham. She was my servant .

Q. How long had she been your servant?

William Langham . She had been my servant two years before; she never wronged me before; and I believe she would not have done it now, had not she been linked in with the other prisoner.

Q. Did you ever get your things again?

Langham. I found my wearing apparel upon her.

Q. How upon her?

Langham. At the lodgings where the prisoners both lodged; we found them both in bed together, and charged the Constable with them.

Q. What did they say for themselves?

Langham. They gave me no answer at all.

Q. Did you find your money again?

Langham. No: nor buckles, nor buttons neither.

Q. Did not you lose some silver?

Langham. No: I did not.

Q. Where were these things taken from in your house?

Langham. The wearing apparel were in the kitchen and the other things in a drawer there.

Q. Was the drawer locked?

Langham. No.

Q. What are you?

Langham. I am a Chimney-sweeper .

Q. What do you know against Kendall?

Langham. I know nothing against her, only her confession and the other's.

Q. What did they confess?

Langham. Martha Tame confessed, that Kendall stood in a shed which I have in my yard, while she was paking up the things.

Q. Where did she confess this?

Langham. Before Justice Bever: and that it was agreed upon between them, that Kendall was to be at my door at ten o'clock at night, and then they were to rob me.

Q. What did Kendall confess?

Langham. She said the same after the other had begun; she said she made a whisper through the hole of the door, and Martha Tame was drawing a pail of water, and she let her in.

Q. Did Tame acknowledge this ?

Langham. She did.

Q. Was the half-guinea mentioned before the Justice?

Langham. It was.

Q. Who mention'd it?

Langham. I did.

Q. What did they say to that?

Langham. I believe they said they had it, but I can't be sure.

Mary Langham . I am wife to the prosecutor; Ann Kendall made two pair of gloves for me, and brought them home; I paid her one and twenty pence for knitting one pair, and nine pence for the other.

Q. Where does she live?

Langham. She liv'd at Hammersmith, I made her stay to dine; then she got acquainted with the other prisoner Martha Tame ; I always reckoned her a very honest girl before this, and if the court will discharge her I'll take her again.

Q. Give an account; did you lose any goods?

M. Langham. I lost the things laid in the indictment.

Q. Was you at the finding them again that were found?

M. Langham. I was with my husband at the same time when they were found.

Q. Where were they found?

M. Langham. They were found in the house of Irish Dick, a lodging house at Hammresmith, in the room where the two prisoners were in bed together; Ann Kendall had one of my handkerchiefs round her neck at the time.

Q. Where was your half guinea taken from?

M. Langham. It was taken from out of a drawer in the kitchen; I miss'd it, but found no money upon the prisoners.

Q. Did you ask them how they came by the cloaths ?

M. Langham. They did not deny taking them, but said it was done out of a frolick.

Q. Did they both say that?

M. Langham. They did.

Q. Where do you live?

M. Langham. We live in Sermon-lane Doctors-Commons.

Kendall's Defence.

I receiv'd a handkerchief with a few things in it of the girl's (meaning her fellow prisoner) when she came away; I thought they were her own wearing apparel; when they came and took her, I put that handkerchief about my neck.

Tame's Defence.

The first time I became acquainted with this woman (meaning the prisoner Kendall) was, I was travelling into Gloucestershire, and came to a place call'd Cheltenham; there I met with this woman, I told her I could knit; she took me to her house to knit for her, her husband was a bricklayer by trade: while I was knitting for her, she bid me tell her husband that I was her brother's child, which I did; she kept a puppet-show, and I travelled with her with the show to a great many places; she can't say that I ever wrong'd her of a farthing, there she is, if she can, let her speak it. We came up to London, and I went to the prosecutor's house, and was hired to be his servant, and was there three weeks this last time, I was with him before; while I was there, he bought me two shifts and was kind to me; this woman came and persuaded me to come away; she came persuading me for three Sundays together; at last, I said I would come away; I ask'd her what she would have me to do? saying, my master has bought me two shifts, and they were very kind to me; she said take all you can, for you know you must never see their faces more, nor your own country neither; I said, what must I take? and said there was some money in the kitchen; she said, take all you can, but be sure take nothing that is mark'd.

To Tame's character.

Mary Notcrafts . I have known the prisoner Tame above two years; she liv'd servant with me.

Q. How did she behave?

Notcrafts. She behaved very well; I trusted her with things of value, I never knew her to wrong me of any thing.

Q. How long did she live with you?

Notcrafts. Almost a year and a half.

Q. How long is that ago?

Notcrafts. It is about twelve months since she left my service, or better.

Q. Where did she go when she left you?

Notcrafts. After she went from me she went to Dover, and I never saw her since 'till now; she has had the care of a great many valuable things, and I always found her very honest and just to me.

David Ellise . I have known the prisoner Tame, I believe, between five and six years.

Q. What has been her behaviour?

Ellise. I never heard any thing amiss of her 'till this time; she behaved in a very handsome way, and whether she is guilty of this or not, I can't say; I have known her to live twice with Mr. Langham.

Joseph Hart . I have known Martha Tame about three years.

Q. What has been her general character?

Hart. She bore a very fair character; an honest girl as far as ever I heard.

Q. Where did she live when you knew her.

Hart. She was servant with the prosecutor in Sermon-lane.

John Stevens . I have known Martha Tame nine years.

Q. Where did you know her first?

Stevens. I knew her when she was a little girl and went to school.

Q. Have you known her lately ?

Stevens. Yes, I have.

Q. Where did she live then?

Stevens. She has liv'd with Mr Langham too and again.

Q. Where do you live?

Stevens. I lodge with Mr Langham.

Q. How long have you lodg'd there?

Stevens. I have lodg'd there six years.

Q. What is her general character?

Stevens. I never knew any harm by her in my life; I have left silver, and silver buckles out, and never lost any thing by her; she has return'd me money that has been dropp'd out of my pocket several times, when I have left my breeches under my head on a Sunday morning.

Q. What are you?

Stevens. I am a plaisterer.

Elizabeth Dudley . I have known Martha ame three or four years, or more.

Q. What is her general character?

Dudley. Since my acquaintance with her I never heard any harm of her; but she always behav'd sober and very well for what I know.

Kendall guilty .

Tame acquitted .

[Transportation. See summary.]

Thomas Clary.
28th February 1759
Reference Numbert17590228-19

Related Material

135. (M.) Thomas Clary was indicted for stealing one brown bay-gelding, value 6 l. the property of the Right Honourable the Lord Widdrington , April 24 . ++

Robert Rose . I bought a horse for my Lord Widdrington.

Q. When?

Rose. About twelve months ago.

Q. What are you?

Rose. I was servant to my Lord then, and continued with him for about three months after I had bought him.

Q. Do you know any thing of the prisoner?

Rose. No, I do not.

Q. Who did you buy the horse of?

Rose. Of one Mr Wilcox.

Q. What sort of a horse was it?

Rose. A brown bay-gelding.

Q. Do you know what became of him?

Rose. I believe my Lord has him again.

Q. What was the prisoner?

Rose. He was servant to my Lord; I never heard any ill of him; I know nothing how he behav'd, he came there after I went away.

Q. What did you give for the horse?

Rose. I gave 14 guineas for him.

William Aldwin . The prisoner liv'd servant with 'Squire Talbot in our neighbourhood a great while.

Q. Do you know any thing about a horse of my Lord Widdrington's?

Aldwin. Yes; I bought that horse of the prisoner at the bar; he told me he had been in the country, and had bought a horse of his brother, and he was going into a place, and he chose to sell him again.

Q. Where did you buy the horse?

Aldwin. I bought him at Uxbridge.

Q. When did you buy him?

Aldwin. I bought him last spring.

Q. What month?

Aldwin. I can't tell; I never made a memorandum of it.

Q. What is become of him?

Aldwin. I sold him again the same day.

Q. To whom?

Aldwin. To a breeches maker, named Charles James , at Uxbridge.

Q. What did you give the prisoner for him?

Aldwin. I gave him six pounds and half a crown.

Q. What did you sell him again for?

Aldwin. I sold him for 6 l. 12 s. 6 d.

Q. Describe the horse.

Aldwin. He was a brown bay-gelding.

Q. How old?

Aldwin. Six years old as nigh as I can guess.

Q. Had he any particular marks ?

Aldwin. He had a mark on one of his legs behind, it was full of grey-hairs.

Q. to Rose. Is that the horse this evidence

speaks of, that you bought for my lord Widderington?

Rose. It was: he had such a leg behind.

Q. Did you ever see that horse in any body's custody after you bought him for my lord?

Rose. Yes, I saw this evidence upon him when he came to my lord's.

Q. to Aldwin. If you sold him the same day you bought him, how should my lord know you had this horse?

Aldwin. One Sturdy saw Charles James upon him near Shepherd's bush, and he acquainted my lord's people of it, and my lord sent to me.

Q. Where does my lord Widderington live.

Aldwin. He lives at Turnham-green?

Q. When did my lord send to you about the horse ?

Aldwin. I can't say the day, but he sent Rose and Mr Sturdy with a warrant for the horse, it was some time after I had bought and sold him; Mr James had had him some months; the horse was not at home when they came, and they did not chuse to stay; so I gave my word that I would bring him over on the morrow morning, which I did.

Thomas Sturdy . I saw Mr James on the horse, near Shepherd's-bush, at a foot-race.

Q. What is he?

Sturdy. He is a breeches-maker, and lives at Uxbridge; and I knowing the horse, and that he was stole, went to acquaint my lord of him, that I had seen him; my lord not being in the way, I acquainted the steward with the cause of my coming; after that the steward told my lord and he sent for me, and I told his lordship, he sent me to Uxbridge to Mr James's for him; when I came there Mr James was gone out on him; I put up at the three tuns there; I was told the breeches-maker bought him of a blacksmith, named Aldwin.

Q. to Aldwin. Are you a blacksmith?

Aldwin. I am.

Sturdy. I sent for Mr Aldwin, he came, he ask'd me the marks of the horse, he said he had bought such a one of the prisoner, and that he had sold him to the breeches-maker; I said I believed it was the same horse that was stolen from my lord, and that I had seen him at such a place; so he proposed to bring him to my lord, the next day, if he came home, which he did.

Q. Had you a warrant with you?

Sturdy. I had; when he came with the horse all the servants knew him.

Q. What colour was he?

Sturdy. He was of a darkish bay colour.

Q. Do you know how the prisoner came by him?

Sturdy. I know nothing at all of that.

Q. What are you?

Sturdy. I keep an Inn at Hammersmith.

Prisoner's Defence.

About the latter end of August I found this horse in the road betwixt Brentford and Turnham-green; I have several here to my character.

To his character.

Thomas Harrison . I have known the prisoner at the bar between four and five years; he lived fellow-servant with me near a year and a half.

Q. Where?

Harrison. At Dr Jernigan's in Golden-square.

Q. What has been his behaviour?

Harrison. He behaved very honest and very sober; he had free access to the plate as I had myself, and I never had any reason to suspect him of dishonesty.

John Wilcock . I have known him about the same time.

Q. What are you?

Wilcock. I keep a livery-stable in the same neighbourhood, we have travelled many miles together; he always behaved exceeding well, and was a good servant, the servants at my lord Widdrington's all gave him a good character.

Francis Stodard . I have known the prisoner five years; I knew him when he lived with Dr Jernigan in Golden-square.

Q. What is his general character?

Stodard. He behaved himself obliging, sober, and in a very good natured manner.

Guilty . Death .

Sarah More.
28th February 1759
Reference Numbert17590228-20

Related Material

136. (M.) Sarah More , spinster , was indicted for stealing ten pints of brandy, value 10 s. and ten pints of shrub, value 10 s. two eighteen shilling pieces, and ten guineas , the goods and money of John Smith , Feb. 17 . *

John Smith. I keep a public-house in Bloomsbury, the sign of the Castle ; the prisoner was my servant.

Q. How long had she lived with you?

Smith. About three quarters of a year; on the eighteenth of February I miss'd ten guineas and two eighteen shilling pieces.

Q. From where did you miss it?

Smith. From out of a corner-cupboa rd in the bar?

Q. Are you a married man?

Smith. I am.

Q. Whose business was it to keep the bar?

Smith. My wife kept it sometimes and sometimes I did.

Q. Had the prisoner ever use to go into the bar?

Smith. Yes, sometimes.

Q. Has she ever received money there?

Smith. Sometimes she has.

Q. Was the cupboard door lock'd?

Smith. It was.

Q. When it was lock'd, who kept the key?

Smith. Either my wife or I, sometimes I left it in the lock.

Q. Had you use to trust the prisoner with the key?

Smith. Sometimes I have gave her the key to fetch things out for my wife; we had two keys, and one of them was lost about two months ago.

Q. Did you ever find it again?

Smith. No, never: at the time of losing it I did not suspect the prisoner to have got it; but I have lost a great many times brandy and shrub from a closet going up stairs, and from the bar, that I have reason to think she had got the key, since, she has confessed she took the liquor away in bottles to a neighbour's house.

Q. Can you tell what quantity of liquor you lost?

Smith. I lost about two gallons of shrub; brandy I cannot tell what I lost of that.

Q. Did you ever get any of it again?

Smith. No, never.

Q. Was the prisoner in your service when you miss'd the money?

Smith. She was: I took her before justice Welch, there she confess'd she took the money.

Q. How long was this after you miss'd it?

Smith. It was on the Tuesday after.

Q. What day of the week was it that you miss'd it?

Smith. I miss'd it one the Sunday.

Q. What where her words in confessing it?

Smith. She said she took twelve guineas; she did not know that two of them where 18 s. pieces, but took them to be guineas.

Q. What are the people names where she said she carried the liquor?

Smith. The woman is named Honour Whitcome , and she own'd she gave her the money too; she is indicted as accessary but is not in custody.

Q. What is she?

Smith. She keeps a chandler's shop within three or four doors of me.

Q. Did you make any search there ?

Smith. We did, and found two bottles in her house that night; one had had shrub, and another brandy in it; but they were empty.

Thomas Fayram . I was before the Justice of the Peace, and heard the girl confess she robb'd her master of about twelve guineas and a great quantity of brandy and shrub.

Thomas Kemp . I was along with Mr Smith at the taking up the girl; he took her out of a neighbour's house and had her into his own house; she would not confess the taking the liquor or money; the constable took her before Mr Welch, there she confessed to the taking two guineas at one time, and about six weeks before that time two guineas more; and about a month after that time, or thereabouts, she said she took a nine shilling and six-penny piece; (she does

not know money I believe) or she said it must be a guinea or an eighteen shilling piece, that made five, this was before Mr Smith miss'd his ten guineas and two eighteen shillings pieces; she would not confess to the taking any more that night; that night Mr Welch sent for Honour Whitcome , as the girl at the bar had told Mr Welch that she perswaded her to take the money from her master, and that she and another woman a companion of her's perswaded her to take liquor; the next day the girl was examined again there; then she own'd she took twelve guineas of her master's money, which he had mentioned to have lost; she said, she took it on the Sunday morning; she own'd to the taking four of them at first and at last own'd to the whole.

Q. to prosecutor. You said the first time you miss'd your money was on the eighteenth of February, did you not?

Prosecutor. I did.

Q. Had you use to have so much money at a time in your bar?

Prosecutor. I had sometimes twenty or thirty guineas at a time there; she at that time left eleven half guineas, one guinea, and a 27 s. piece.

Q. How much should you have had then in all?

Prosecutor. I should have had eleven guineas, a 27 s. piece, and two 18 s. pieces.

Q. Do you take it that the money was taken away at different times?

Prosecutor. I never miss'd any but that time; which was as I said before, ten guineas and two 18 s. pieces.

Q. Do you suppose she took it all at one time ?

Prosecutor. Yes; without she took any on the Saturday night before; they were taken away between the Saturday night and Sunday morning.

Q. What time had you seen it last before you miss'd it?

Prosecutor. I had look'd at it on the Saturday morning the seventeenth the money was all there then; and I miss'd it on Sunday morning between ten and eleven.

Q. to Kemp. What became of Honour Whitcome ?

Kemp. On the Tuesday night the constable was desired to take her in custody, and bring her again the next morning; then Mrs Whitcome was along with her before Mr Welch; they were taken from there to a public-house, and there Mr Thomas, the constable, took five guineas of Mrs Whitcome's brother to let go home for the night, and the brother was to see her forth-coming on the next morning; this was to prevent her going to the round-house, she having a young child; the constable took pity of that, and thought he could depend on seeing her in the morning, she being a housekeeper in the neighbourhood.

Q. Where is the constable?

Kemp. He is very ill in bed.

The Attorney for the prosecution. We have indicted the constable for this misdemeanour; for the next morning the woman had made her escape.

Court. You have done right.

Kemp. The prisoner declared before justice Welch, that Mrs Whitcome was the person that desired her to rob her master, and she was to buy her a new gown, but never did.

Edward Morgan . I was present when the girl at the bar was taken and carried before the justice; there she confess'd she had robb'd her master several times; that she had taken brandy and shrub and carried them to Mrs Whitcome's.

Q. Did she mention particulars ?

Morgan. She said she had taken two guineas at one time, and two at another, and an 18 s. piece, which she did not know what it was.

The prisoner said nothing in her defence.

Guilty .

[Transportation. See summary.]

Mary Ward.
28th February 1759
Reference Numbert17590228-21
VerdictGuilty > theft under 1s

Related Material

137. (M.) Mary Ward , spinster , otherwise Hannah Holmes , was indicted for stealing one linnen sheet, value 1 s. and one bed-gown, value 1 s. the property of Richard Larkin , February 8. *

Richard Larkin. I live at the Black-horse in Petty-France ; the prisoner came into my house in the afternoon, one day the beginning of February, I do not know the day of the month.

Q. What day of the week was it?

Larkin. It was on a Thursday; she ask'd me if her husband had been there? I told her no: there were some company in the house; she sat in and drank with them; after they had had four full pots they went away and left her there; there was a man that lets people blood, she said she would be blooded; he blooded her; she call'd for a full pot for him; my wife bid the maid take the things in, which I suppose she heard.

Q. What things ?

Larkin. We have a little yard, and they were things hanging out that had been washed that day; the prisoner went out and never paid for the pot of beer, and the things mentioned in the indictment, which were hanging in the yard, were gone.

Q. How soon after she was gone was it, that you missed them ?

Larkin. In about five minutes time after; I went to see for her, but could not find her; she came in again about 9 o'clock that same night all over bloody. She had been fighting, and had got a great bump on her face; I asked her about the things that we missed? she said she never saw them; I charg'd the watch with her and sent her to the round-house on suspicion, and the next morning took her before Justice Manley; she confessed where she had pawn'd the things, and we went and found them accordingly.

Q. Where did you find them ?

Larkin. The bed-gown was pawn'd at Mrs Aery's, and the linnen sheet at Mrs Dodd's. (Both produc'd in court.)

I can swear to the gown, but not to the sheet.

Jane Aery . The prisoner at the bar brought this bed-gown to my house on a Thursday night, I think the 8th of February.

Q. What did you lend her upon it?

Aery. I lent her a shilling upon it.

Prisoner. I never was there.

Q. Did you know the prisoner before?

Aery. I had seen her before; she had been at our shop several times, and brought things and fetch'd them out again.

Prisoner's defence.

I never went by the name of Mary Ward , my husband is named John Holmes.

Guilty 10 d .

[Transportation. See summary.]

Margaret Elliott.
28th February 1759
Reference Numbert17590228-22
VerdictNot Guilty

Related Material

138. (M.) Margaret Elliott , spinster , was indicted, for that she, on the 20th of February , about 7 in the night, on the same day, the dwelling-house of George Smith Bradshaw did break and enter, with intent, the goods and chattels of the said George Smith to steal, take, and carry away . *

George Smith Bradshaw. I live in Dean-street Soho ; within these 12 months last past, my house has been robb'd 4 or 5 times.

Q. What are you?

Bradshaw. I am an upholsterer ; having had a great quantity of goods taken away, I desired my people to be watchful, to see if they could find any body. On the 20th of Feb. they found the prisoner at the bar, and brought her to me.

Q. What time was it?

Bradshaw. It was about 7 o'clock.

Q. Was it dark?

Bradshaw. It was after dark; she was carried before Justice St Laurence and there searched; I was by, and this key (producing a pick-lock key) was found upon her; we have tried it, and it opens my street door.

Q. Is it the house that you live in ?

Bradshaw. No, it is a house that I hire.

Q. Do any of your people lie in it?

Bradshaw. Yes, two of them do; it is a house that I keep goods in; I did live in that house some years, but now I am remov'd to another house, and keep goods in this.

George Hamp . On the 20th of February, in the evening, about 7 o'clock; I and John Lethany went over to see if things were safe in this house.

Q. What are you?

Hamp. I am porter to Mr Bradshaw; upon finding the door only single lock'd (which we always double lock'd) we suspected some body was got in, so we searched the house.

Q. Who had the key of the door?

Hamp. We had; we got a candle and went in, and in the two pair of stairs room, we found the prisoner at the bar

Q. Did the goods lie above or below?

Hamp. There are goods above and below too; the prisoner was lying on her hands and knees, in order to conceal herself, she could not conceal herself behind any goods, there being but a few in that room?

Q. What did she say for herself?

Hamp. She said she came in there for lodging; I ask'd her how she got in? she said that the door was open, but we found it single lock'd; we took her from thence to Dean-street, to my master's house.

Q. Was you before the Justice with her?

Hamp. I was, and saw that pick-lock key taken from her; she had a coarse apron round her loose, and another check apron under it, tied round her.

John Lethany . I was with the last witness; we found the prisoner in the two pair of stairs room, on her hands and knees, with her face towards the boards.

Henry Boswarney . We had a suspicion that the prisoner had got a key to open the door.

Q. What are you?

Boswarney. I belong to Mr Bradshaw; I put the goods into the house, many of which are gone. We searched the prisoner, and at first found nothing but the key of her own room; then I put my hand down her bosom, and there I found this pick-lock key. I went with Mr Bradshaw to the street door, at which she must have gone in, to try if the key would unlock it, and found it would unlock and lock it, which it did very well.

Prisoner's Defence.

I am a poor woman, my friends are gone from me; I was very weary, and did not know what to do; I went in there, and thought it was an empty house, to lie there all night. I found that key in the street.

Acquitted .

Mary Jones.
28th February 1759
Reference Numbert17590228-23
VerdictNot Guilty

Related Material

139. (M.) Mary Jones , spinster , was indicted for stealing two pair of thread and cotton stockings, value 2 s. and two odd thread and cotton stockings, value 1 s. the property of persons unknown, Jan. 25 . ++

Mary Clark . I am a washer-woman, and live in Stretton's-ground Westminster ; the prisoner lodg'd with me; she was going to her place one night, and I saw two odd stockings sticking to her side, and she held her apron over them; I ask'd her how they came there? she said she knew nothing of them.

Q. Do you know whose property they were?

Clark. They belong to one Mr Latten that I wash for. She said she took them up with her other things that she was going to carry to her new place, and did not know of them. (Produc'd in court.)

Q. How long have you known her?

Clark. I have known her above five years; she has been with me off and on divers times.

Q. How has she behav'd?

Clark. I never knew her to wrong any body.

Francis Brown . I bought two pair of stockings of the prisoner at the bar.

Q. What sort of stockings?

Brown. They were thread and cotton stockings. (Produc'd in court.) I bought one pair the 25th of January last, but I cannot tell justly the time that I bought the other pair.

Q. What are you?

Brown. I buy and sell old cloaths.

Q. to Clark. Look at these stockings.

Clark. These stockings were left with me to wash; they are mark'd with the persons names; one pair belongs to Mr Hawkins a surgeon in Pall-mall; the other is the property of Colonel Fredreick .

Q. to Brown. What did you give for them?

Brown. I gave 8 d. for the first pair, and nine pence for the other, which is the value of them.

William Garnet . I am a constable; I was sent for to Mrs Clark's; she told me she had found two odd stockings upon the prisoner; I took her before the justice, there she confess'd she had sold two other pair to Mrs Brown.

Prisoner's Defence.

I know nothing of what they charge me with.

To her character.

Elizabeth Freeman . I have known the prisoner ever since she was a child; she has liv'd with me several times, and always behaved well; I always took her to be very honest.

Thomas Freeman . I am son to the last witness; I have known the prisoner from a child.

Q. What is her general character?

T. Freeman. She has an extraordinary character.

Q. How does she get her livelihood?

T. Freeman. By going to service.

Daniel Chinnery . I have known the prisoner seven years.

Q. What is her character?

Chinnery. She has had an extraordinary character the time I have known her.

Susanna Keys . I have known the prisoner ever since she was a child.

Q. What is her character?

Keys. She has a good character; about three quarters of a year ago, she came to my house, being out of place; I take in washing, and trusted her about the things, I never lost any thing by her.

Acquitted .

William Bell, John Fish.
28th February 1759
Reference Numbert17590228-24

Related Material

140, 141. (M.) William Bell and John Fish , were indicted, the first for ripping, stealing, and carrying away, a piece of leaden gutter, value 40 s. fixed to a dwelling-house, the property of Samuel Dickerson and Rivers Dickerson ; and the other for receiving the same, well knowing them to have been stolen , February 3 . ++

Benjamin Gardner . There was a piece of a leaden gutter taken away; it was fixed on the premises belonging to me, the property of Samuel and Rivers Dickerson.

Q. What length was it?

Gardner. It was 8 foot by 2.

Q. Did you ever meet with it again?

Gardner. I did, in the bed-chamber of the prisoner Fish; I had suspicion of Bell; he was taken up and charged with taking it, and he confessed he had taken it and sold it to Fish.

Q. What is the value of it?

Gardner. It is laid in the indictment at 40 s. but it cost a great deal more.

Q. What did Fish say, when you found the lead in his bed-chamber?

Gardner. He said his wife took it in, and he knew nothing of it 'till he came home; and he hoped I would excuse him; then I charged the constable with him on the fourth of February, and he ran away, but we found him at last, about a week after.

Q. Did he make any confession.

Gardner. No; Bell said Fish shewed him the gutter, and desired him to go and get it; and that Fish by this means drew him in.

Elizabeth Gardner . I am wife to Mr Gardner; I was present when the lead was found in Fish's bed-chamber with a search-warrant; Fish was asked if he was acquainted with Bell? he said no, he was not, only he once bought a trowel of him. He was at home at the time his house was searched, but he said he was not at home at the time that the lead was brought to his house.

Benjamin Jones . I happened to be at the Black Raven in Chick-lane; there I saw Bell and Fish together; I heard Bell say he was come to him for some money that he owned him for lead. I observed them in close conference together; and upon hearing the prosecutor had lost some lead, I made this discovery, upon which they were taken up. (The lead produced in court) When Bell was taken up, he was asked if he had any body to give him a character, or be bound for his appearance; he sent for Fish, who said he would be bail for him, that he should make his appearance the next day; and by Fish's behaviour we suspected he was concerned in it some way or other; and upon talking to Bell a good deal, he owned he took this very lead off of Mr Gardner's house, and told us where he had carried it, that it was at Fish's house.

John Thomas . I keep the sign of the Black Raven in Chick-lane; Bell came into my house at the time Mr Jones speaks of, and I looked narrowly at him; he answered the description that was given of a man that had been seen on houses which were stripped of lead; and by his

appearance and manner of behaviour by looking into the windows of the house before he went in; he saw Fish and came in, and Fish and he were together a good deal. I fetch'd Mr Jones, and told him I suspected Bell was the man that had stole the lead; and after Fish was gone, I went to stop Bell, he said he'd give me a punch in the face if I would not let him go immediately; but we secured him; then we went to Fish's shop to search for lead.

Q. What shop does Fish keep?

Thomas. He keeps an old iron shop; but it did not appear that he sold lead in it; we found this lead in the shop, but was under a difficulty in measuring of it. Then we went and measured the place that it was taken from, and found the gutter exactly corresponded with the place it was taken from; and it appeared to have been taken but a very little time before; the lead was carried into Fish's bed-chamber, for the more ease in spreading it to measure it.

Bell's Defence.

I was going home; I met with Fish; he asked me to drink with him; we had three full pots of beer; he desired me to lend him a hand; I thought it might be to strike upon his anvil, as he appeared like a Smith; he had me in at an empty house, and he pulled out some lead; it was milled; we carried it home to his house, and he gave me eight shillings; and he desired me to bring any thing to him by night, and said, he would buy it the next day; I thought when I came to consider of it, that there were something bad in it, because he gave me so much money.

To his character.

Joseph Saunders . I have known Bell this twelve months.

Q. What are you?

Saunders. I am a labourer, he worked for the same master as I did.

Q. What is his general character?

Saunders. He always bore an honest character.

Q. How long is it ago since you worked with him?

Saunders. It is about three months ago.

A witness. I have known Bell upwards of twenty years.

Q. What is his general character?

Witness. He always bore a good character: he is a Bricklayer by trade: I have known him down to this time.

Fish's Defence.

This man (meaning his fellow-prisoner) has gone by the name of Hopson; a woman was in my house when he came with the lead; I was not at home; when I came home they told me a man had brought some lead; I said, after I saw it, you should not have bought it; she said, she had neither bought it nor bargained for it; I said, I would go to Mr Thomas's house, and when the man came there to send him to me; he came; they sent him; I asked him what he wanted; he said, he had brought some lead, and wanted some money; I said, I had seen the lead, and did not like it, and did not care to meddle with it; he said, I need not be afraid of buying it, for it was honestly come by; I said, he should not go out of the house; Mr Thomas sent his wife for Mr Jones; Mr Jones came; they sent for a Constable, and there was a dispute who should charge him; they said, it was my place to charge him, which I did; then we sent him to the Counter. In the mean time I asked him several times, if my wife had either bought or bargained for it: he answered me no, not only once, but several times.

To his character.

Sarah Goff . I remember some lead being brought to Fish's house between three or four o'clock in the afternoon, on the 3d of February.

Q. What shop does Fish keep?

Goff. He keeps an Old-Iron shop : the lead was wraped up in something white; I believe it was an old leather apron.

Q. Who was in the house at the time ?

Goff. There was only Mrs Fish and me; the man wanted to weigh it; Mrs Fish said, her husband was not at home, and she had nothing to do with it, he must come again when her husband was at home; he asked when he would be at home, and went away and left it there.

Q. How did he bring it ?

Goff. He brought it on his shoulder.

Q. What is Fish's general character?

Goff. I never heard any thing dishonest by him.

Elizabeth Carter . I have known John Fish almost two years.

Q. What is his general character?

Carter. I believe him to be a very honest man, he always paid me very honestly.

Lydia Carrol . I have known John Fish about twelve months, he is a hard working man for his children.

A witness. I have known him some time; I look upon him to be an honest man.

Both guilty . *

* See Fish tried for stealing a Scale-Beam, privately in the Warehouse of Robert Gibson in Leather-lane, Holbourn. No. 286, in Sir Charles Asgill 's Mayoralty.

[Transportation. See summary.]

Sarah Painton, Thomas Painton.
28th February 1759
Reference Numbert17590228-25

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142, 143. (L.) Sarah, wife of Thomas Painton was indicted for stealing 300 pounds weight of paper , the property of our Sovereign Lord the King, and Thomas Painton for receiving the same, well knowing the same to have been stolen , Jan. 18 . ++

Mr Bentham. I belong to the Navy-Office: there were some books belonging to the office missing; we knowing they could be of no service to any except cheesmongers, or chandlers shops, who tear them up for use. We sent people about, and there were some found at a cheesmonger's shop, the person said, he bought them of Mr Nixon another cheesmonger.

Q. Who found them?

Bentham. One Mr Wood; we got a search warrant of the sitting Alderman, and at Mr Nixon's we found a parcel of these books belonging to the Navy-office; he knowing the person of whom he bought them took him up, it was the man at the bar; he was taken before Mr Alderman Cokayne; the woman, wife to the man, was employed to light the fires in the office; she was taken up also; I ask'd her how she carried them out of the office; she own'd she carried them out in her apron, and the man own'd he had them from his wife; the man own'd he had sold some to Messrs. Gill and Wright, Stationers, on London-bridge, where we found a great many. (The books produc'd in court, and depos'd to as his Majesty's property.)

Ambrose Nixon . I am a cheesemonger; I bought some of this paper of the man at the bar; I ask'd him how he came by them; he said they were given to an old woman that belong'd to him.

Q. Did you hear him confess any thing?

Nixon. I heard him confess before the Alderman that he had them of his wife; she was there; and she said she took them out of the office.

Sarah Painton 's defence.

I beg mercy of the court.

Thomas Painton 's defence.

Consider our ages, upwards of seventy; I hope the court will shew us mercy.

Both Guilty .

[Transportation. See summary.]

Old Bailey Proceedings punishment summary.
28th February 1759
Reference Numbers17590228-1

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The trials being ended, the Court proceeded to give judgment as follows:

Received sentence of death, 2.

Thomas Clary and Robert Costello .

To be transported 14 years, 2.

John Fish and Thomas Painton .

To be transported 7 years, 15.

Elizabeth Jenkins , Ann Swinney, John Bennet , Ann Kendal , William Ray , otherwise Lewis, otherwise Cockerham, Catharine Tracey , Mary Lovet , Winifred Cox , John Casey , Elizabeth Brown , William Wilson , Sarah More , Mary Ward , otherwise Holmes, Sarah Painton , and William Bell .

To be whipped, 1.

Nicholas Chatlin .

Old Bailey Proceedings advertisements.
28th February 1759
Reference Numbera17590228-1

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